After governor nudge, Telangana government tweaks new municipal Act

HYDERABAD: The Telangana government is all set to tweak the new Municipal Act, 2019, after governor ESL Narasimhan sought changes to some clauses before he gave his assent. Sources said the government may issue an ordinance to make amendments as the assembly is not in session.
Sources in the state government said Raj Bhavan objected to the wide-ranging powers that the state government had given itself on holding elections to urban local bodies.

The new Act had reduced the powers of the state election commission (SEC), which many said, would have gone against the spirit of the Constitution. The governor also objected to the powers given to collectors to remove elected representatives in municipal bodies if they fail to protect 85% of trees and plants in municipal nurseries.
The new Act was introduced in the special session of the state assembly on July 18 and approved the next day. Chief minister K Chandrasekhar Rao, who has the municipal administration department portfolio, had termed it as a model Act in the country as it brought in numerous reforms in the governance of urban local bodies.
Powers of SEC are similar to EC: Government official
“The powers and functions of the SEC under Article 243 K and 243 Z (a) are similarly to that of Election Commission of India. The SEC is responsible for conducting elections to local bodies in the state. But the new Act says the state government will decide the date of notification and polling date. Accordingly, SEC would issue the notification and schedule to hold the election,” a senior state government official said.
The Act also mandated that every urban local body must have a nursery and it will be the responsibility of the elected representatives to protect the plants. If the survival rate of plants is less than 85%, the collector can remove that representative. Chairperson or mayors have to ensure upkeep and growth of the nursery. The collector can constitute a flying squad for regular inspections. Sources said that this clause may be removed with the amendment.
Opposition parties have said that the government can’t treat an elected representative as its employee as he or she doesn’t have executive powers and doesn’t get a salary from the state. BJP and Congress have already raised objections over some of the provisions, which they said intrude into the domain of the SEC. BJP had even given a representation to the governor.
“The government had not taken any expert opinion and had not done its homework on some clauses and sections,” senior BJP leader and MLC N Ramchander Rao said. “For instance, the government said it has powers to transfer any officer and employee of any municipality, including in Greater Hyderabad Municipal Corporation and in Hyderabad Metropolitan Development Authority (HMDA). But HMDA has a separate cadre under a separate Act and employees can’t be transferred to departments other than HMDA.”