MUNICIPAL CORPORATION OF GREATER MUMBAI
Charter for the MCGM – Local Area Citizen Group Partnership 2006 w.e.f. 1st April 2006 Index of Contents: Introduction
6.1 General obligatory support 6.2 Support via an Agency Agreement 6.3 Support via the Nodal Officer 6.4 Support via the Chief Nodal Officer 6.5 The Apex LACG Committee
7.1 Complaint mechanism for citizens and LACGs after June 1 2006 7.2 Meeting Schedule to resolve issues & Table 1: meeting schedule 7.3 Procedures to deal with different types of civic issues
8.1 Application and selection of an LACG & Table 2: Schedule for 8.2 Functioning of an LACG 8.3 Cancellation of an LACG Registration
Annexure 1: Application Format for LACG registration
Introduction Neighbourhood communities can provide MCGM with valuable, detailed information about localities and monitor the MCGM’s plans, works and implementation to enable better delivery of civic services. Citizens as users / owners / occupiers of an area have inputs to contribute to MCGM but are currently unable to do so as the existing mechanisms of interaction are not adequate in terms of coverage and effectiveness. The MCGM – Local Area Citizen Group Partnership is designed to overcome the inadequacies of the present mechanisms of interaction with citizen groups. The main objective of the MCGM – Local Area Citizen Group Partnership is to create an institutional basis for a formal structure of citizen – civic interaction and participation, so as to ensure a sustainable working process that is not based on personalities or restricted to a single programme or scheme, and that can also be applied across the city with and by other Government agencies. Through such a partnership, local problems can be identified and resolved quickly, and optimal solutions can be found for various civic-related matters in that area consistent with overall policies, plans, procedures and projects for the entire city. LACGs can also play a crucial role in the integration of community-based disaster preparedness and mitigation plans prepared by MCGM, and in the strengthening of local capacities and institutions to lessen the impact of disasters. 1. Background The MCGM and the NGO Council [v] are actively engaged in institutionalising civil society participation in governance as per an The concept of a Local Area Citizen Group is based on the learnings and experiences from the Advanced Locality Management (ALM) scheme, the MCGM partnership with the Dignity Foundation, the Dattak Vasti Yojana, (a community-led cleanliness programme in slums), and the Local Area Citizen Committees (LACCs), all initiated by MCGM. The idea is to have voluntary ‘citizen units’ that enables coverage of the entire city and that institutionalises a sustainable framework for MCGM – Citizen engagement. Formation of ALM groups were encouraged by the MCGM with a view towards promoting segregation of waste and composting of biodegradable waste in the premises of owners / occupiers. While some ALM groups effectively undertook segregation of waste and composting, many of them used the interactions at the Ward level meetings to make MCGM officials aware of and attend to their complaints and suggestions regarding local civic matters. Realising the value of such interactions with citizens, MCGM further introduced the Local Area Citizens Committees at the Councillor Ward level. Through these, a larger number of citizen groups and other Voluntary Area Representatives could participate in meetings with designated officials of the Ward regularly to get various civic problems solved. The elected Councillors were also included as members of the LACC meetings. The absence of clearly defined criteria, including the minimum geographical area to be represented by a citizen group, and a clear set of rules institutionalising the LACCs as an integral part of the MCGM structure and functioning, restricted the potential and effectiveness of the LACCs. The Local Area Citizen Group concept is also based on the realisation that the existence of such a relationship with active ‘citizen units’ is critical and essential in promoting community involvement in disaster management, as learnt through the experiences of the flooding crisis in Mumbai in July 2005. During the post-flood relief work undertaken by MCGM, a strong need for an NGO Coordination Committee was felt to maximise and efficiently use the diverse and valuable skills, services and experiences that NGOs and Civil Society had to offer to MCGM, and this led to the formation of the NGO Council, by Karmayog, as a representative and coordinating body of Civil Society (Organisations). The Fact-Finding Committee on Mumbai Floods appointed by the Government of Maharashtra (The Chitale Committee) also recommends that “The key to sustainable development is the empowerment of residents through action-oriented partnerships at all levels. Sustainable development should be our ultimate objective. Advanced Locality Management (ALM) groups could be an effective mechanism in that direction. Hence ALMs should be set up throughout the Mumbai and in the Metropolitan Region to involve citizens in the management of civic life as well as to handle disaster situations.” The above-mentioned committee further recommends, “In any disaster management plan, the citizens must be active and heavily involved. More than being victims of the disaster, we have to look at them as being the first line of defence in responding to the disaster. To that extent, they are not subjects of government, but partners in governance.” Further learnings of MCGM and the NGO Council during the framing of the Municipal Solid Waste (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Rules 2006, underlined the critical role of citizens taking responsibility and being partners with MCGM to achieve effective implementation of rules and plans. Hence, the NGO Council, in consultation with MCGM, has proposed Local Area Citizen Groups as a method of institutionalising civil society participation in governance in coordination with the NGO Council. Now, therefore, the Municipal Commissioner of the Municipal Corporation of Greater Mumbai hereby notifies the Charter for the MCGM – Local Area Citizen Group Partnership 2006. [v] The NGO Council is the Council of Non-Governmental Organisations of Mumbai that is a representative body of Civil Society Organisations and the NGO sector in Mumbai, and comprises a mix of organisations with complementary expertise covering different concerns. [z] An MoU to promote Good City Governance between Civil Society Organisations and MCGM was signed between MCGM and the NGO Council on 12th Dec. 2005. For full text of the MoU, refer www.karmayog.org
2. Vision Vision: “Citizen groups to be formal partners of MCGM through a sustainable institutional mechanism in micro-planning, monitoring, implementation, awareness creation, and feedback so as to help MCGM better fulfill its mandatory obligations towards providing civic services and infrastructure, finding optimal solutions for various civic related matters, as well as assisting MCGM in its role in disaster management in every local area.” Proviso: Involvement of the LACGs in any of the activities does not, in any way, absolve MCGM of fulfilling its obligatory responsibilities.
3. Definition of a Local Area Citizen Group An LACG is a group of owners or occupiers of residential, commercial and/or institutional premises of a defined geographical area, who have come together and are recognised as formal partners by MCGM to enable better delivery of civic services and provision of civic infrastructure in that area and to do so on the basis of a co-ordination mechanism between MCGM and the NGO Council.
4. Geographical area of a Local Area Citizen Group
5. Activities that a Local Area Citizen Group can undertake LACGs can be involved in survey, planning, implementation, awareness creation, monitoring and feedback relating to various civic issues that pertain to their locality. These include suggestions to MCGM, joint working with MCGM, communication to and from citizens or MCGM, etc. LACGs can undertake activities to address civic issues in their local area including:
Note: 1. LACGs that are interested will be suitably empowered to enforce MCGM Rules / Guidelines and to implement MCGM schemes by entering into an Agency Agreement with MCGM as per Clause 6.2. 2. The procedure for undertaking a civic issue will be as per Clause 7.3.
6. MCGM’s obligatory support to LACGs 6.1 General Obligatory Support:
6.2 Support via an Agency Agreement LACGs that form a Co-operative Society will be authorised to enter into an Agency Agreement under which the following support will be provided by MCGM amongst other support:
Note: a) MCGM may consider schemes for co-operative societies which cover an area less than the area of a LACG, if it finds any proposal in this regard viable. b) Such Model Agency Agreements can also be entered into by citizen groups representing a smaller area. 6.3 Support via the Nodal Officer A Nodal Officer will be appointed for each of the 227 Councillor Wards by MCGM. These Nodal Officers will be from MCGM employees at the Ward level, such as the Assistant Engineer (Maintenance), Assistant Head Supervisor, Assistant Engineer (Environment), Licence Inspector, Pest Control Officers, Assistant Engineer (Building & Factory), Assistant Engineer (Water), Junior Overseer, Community Development Officers, etc. The obligatory responsibilities of the Nodal Officer will be:
Where an LACG is formed or otherwise, the Nodal Officer will also be responsible for facilitating citizen interaction with MCGM. He/she will be the contact point for citizens for information, guidance, feedback on MCGM related matters, and will assist citizens in recording and redressing complaints / suggestions. 6.4 Support via the Chief Nodal Officer A Chief Nodal Officer for LACGs will be appointed to oversee the functioning of the LACG partnership and to coordinate the working of the Nodal Officers. The Chief Nodal Officer will be the Deputy Municipal Commissioner (General Administration) at the MCGM Head Office. The obligatory responsibilities of the Chief Nodal Officer will be:
6.5 Support via the Apex LACG Committee An Apex LACG Committee will be formed comprising the Municipal Commissioner, all Additional Municipal Commissioners, Chief Nodal Officer, 5 NGO Council representatives, and 5 LACG representatives, as its members. The LACG representatives in the Apex LACG Committee will be initially selected by the Municipal Commissioner. The Committee will have the following roles and responsibilities:
7. Mechanism of MCGM and LACG engagement 7.1 Complaint mechanism for citizens and LACGs after June 1, 2006 a) Complaints by individual citizens:
b) Complaints by LACGs 1. All LACGs shall make complaints online via their unique registration number, or follow the mechanism for citizen complaints stated earlier if they can not do it online. 2. The Nodal Officer shall track and be responsible for ensuring that action is taken in respect of complaints. 3. Complaints, if not addressed within the time frame specified under the Citizen Charter, and suggestions, will be taken up at the fortnightly Councillor Ward meetings and thereafter as per the MCGM – LACG meeting procedure mentioned in Clause 7.2. Note: Similarly, procedures will be made for monitoring, reporting, feedback, and suggestions. 7.2 Meeting Schedule All complaints will have to be formally recorded with the Complaint Officer at Ward Level or entered into the computerised system, before being taken up at any level for redressal. Thereafter these will be taken up at the following meetings at successively higher levels, until resolved, irrespective of whether there is an LACG or not in that area. · Meetings at the 227 Councillor Wards with the Nodal Officer and Councillor: for issues that remain unresolved within the time specified in the Citizen Charter. Frequency: Fortnightly. · Meetings at the 24 Administrative Wards with the Assistant Municipal Commissioner (Ward Officer): for issues that remain unresolved even after 2 Councillor Ward meetings. Frequency: Fortnightly. · Meetings at the 6 Zones with the Deputy Municipal Commissioner: for issues that remain unresolved even after 2 Ward meetings. Frequency: Fortnightly. · Meetings at the Additional Municipal Commissioner Level: for issues that remain unresolved. Frequency: Monthly. (Note: There are 4 Additional Municipal Commissioners and the city is divided geographically into three regions and by civic issue amongst them. The meetings will be held by the Additional Municipal Commissioner in charge of the City, Western Suburbs, and Eastern Suburbs respectively.) · Meetings of the Apex LACG Committee at the MCGM Head Office: for issues that remain unresolved. Frequency: Once in two months Table 1: LACG meeting schedule:
a) Notes regarding invitees / attendees: 1. All meetings are for members / invitees only (as specified in Table 1 above). 2. While every owner / occupier of an LACG area is a member of the LACG, he/she has, however, to be officially represented (in meetings, etc.) either through the representative of the physical entity to which he / she belongs (such as a co-operative housing society) or in situations where such physical demarcations are not possible (e.g. in slums), through the representative of an organised / registered group of those individuals. (e.g. residents association of the slum / rahvasi sangh, etc.) 3. Affected citizens / citizen groups, complainants, and experts, shall also be invited to meetings whenever required to ensure that their point of view is adequately taken into account and recorded. 4. Existing registered active ALMs covering smaller areas (who have not registered as LACGs) can be invited to Councillor Ward meetings. 5. MCGM will invite other Government agencies (such as the Police, MMRDA, MHADA, Railways, Port Trust, etc.) to meetings where required. 6. For meetings at Zonal level and higher, LACGs and NGO Council will devise a system to nominate members from amongst LACGs so as to maintain a manageable number of participants in such meetings. 7. NGO Council nominees will be invitees to all meetings as observers, and have defined roles in higher level meetings. 8. NGOs and Associations representing the interests of hawkers and slum dwellers in any LACG area in a Councillor’s Ward may be included as invitees to regular Councillor Ward meetings or special meetings on any particular subject of relevance and higher level meetings if they are not adequately represented by the LACGs. 9. Invitees may be invited only for that item of the agenda of a meeting that concerns them. b) Notes regarding meeting procedures: 1. Meetings are for deciding a course of action for unresolved complaints, suggestions for civic improvement, and for reviewing the Action Taken Reports. 2. All complaints must be routed through and recorded with the established complaint mechanism. Unrecorded complaints will not be discussed at meetings. 3. Preparation of the Meeting agenda, recording of Joint Minutes, and preparation of Action Taken Reports will be done by the Nodal officer and a nominee of the LACGs / NGO Council. These will be maintained and shared publicly and submitted to the concerned LACG, appropriate levels in MCGM, and the NGO Council. The format of the Minutes will be suitable for integration into a Management Information System as and when such a MIS system is developed. 4. The proposed mechanisms for MCGM and LACG engagement can be evolved further as and when required. c) Code of Conduct for Meetings: 1. To follow the agenda of the meeting 2. To seek the permission of the Chair before raising issues other than those stated in the agenda 3. To refrain from disrupting a meeting and to leave the meeting on being asked to if doing so 4. To refrain from making political speeches and discussions at a meeting 5. To follow the clauses of the Charter of the MCGM-LACG Partnership 7.3. Procedure to deal with different types of civic issues
4. Besides the LACG meetings detailed in Clause 7.2, there can also be specific meetings by MCGM at appropriate levels for overall civic issues for the city e.g. Solid Waste Management planning for entire city, hawker regulations, parking and traffic regulations, etc.; as well as meetings for different purposes such as for information dissemination, for projects that span across several LACGs (such as mega-transport or sewerage projects); for generating ideas; etc.
5. Notwithstanding anything in this Charter, the Assistant Commissioner, or any other MCGM official, may hold meetings with various citizen groups whenever it is found useful to do so, whether there are LACGs in that area or not.
8. Procedure for Applying for, Registering and De-registering an LACG 8.1) Application and selection of an LACG
Table 2: –Schedule for Receiving & Processing of LACG applications There are 3 types of geographical areas in an LACG unit: a) Unrepresented i.e. no LACG b) Partially or fully covered by one or more LACGs c) Fully covered by one LACG
8. 2) Functioning of an LACG:
8.3) Cancellation of an LACG Registration 1. If representatives of an LACG attending meetings repeatedly violate the Code of Conduct as specified in Clause 7.2 (c), they may be asked to send alternative representatives, failing which, the LACG Registration may be cancelled.
2. If complaints are received against an LACG Committee, and verified by MCGM, the LACG will have to form a new Committee within a month, failing which, the LACG Registration may be cancelled.
3. If an LACG Committee fails to perform as indicated through the review mechanism of Clause 9, the LACG Registration may be cancelled.
9. Review of Working of the LACG Partnership a) Review of individual LACGs: i) All LACGs will be required to submit six-monthly reports in a specified format. ii) LACG working to be also reviewed every quarter by the owners/ occupiers of that area, who will be invited to submit feedback and reports as per specified formats / structures / or through an Open House Meeting to be held by the LACG. iii) The Apex LACG Committee will set up systems for yearly reviews of individual LACGs. b) Review of MCGM support and response to LACGs: i) LACG members attending Councillor Ward and Administrative Ward meetings may be invited to fill rating and feedback forms for review by the Additional Municipal Commissioners. c) Overall Review: i) The overall working of the MCGM-LACG partnership will be monitored and reviewed by the Apex LACG Committee annually covering areas such as MCGM’s support to LACGs; citizen response and participation; evaluation of incentives, etc. d) General: i) The Apex LACG Committee may also have reviews undertaken by third-parties including NGOs that are appointed specifically for this purpose. ii) Reviews shall be presented to the Apex Committee and publicly shared, unless confidential.
Annexure 1: Application Format for Local Area Citizen Group Registration as per Charter of the MCGM – Local Area Citizen Group Partnership 2006 (form and plan available at Ward Office) To be submitted to the Ward Office with a copy to the NGO Council Form subject to change without notice Filled application forms may be made public by MCGM / NGO Council
For internal use: Approved / Rejected: Designation, Signature, Date: If approved, Full / Part LACG area: LACG Name & Number: If rejected, reasons thereof:
To be filled by Applicant (i.e. Proposed LACG):
A. Contact Details of the Applicant (all fields compulsory): Name of the Proposed LACG: e.g.: ( ) Local Area Citizen Group, i.e. Ekta Colony LACG Address for correspondence:
Name of contact person: Email: Tel. no.: Fax, if any:
If this is an application from an existing ALM, RWA, VAR, CBO, NGO, Trade Association, etc., please specify the name of that organisation:
B. Location of the LACG: Administrative Ward: example R(S) Councillor Ward No.: e.g. 141 Local Area Citizen Group No. (from map): e.g. (7) Local Area: e.g. Ekta Colony Coverage (full / part):
C. Geographical Coverage of the LACG: (Please attach a plan of the area and shade in yellow the area proposed to be covered) Is entire LACG area as demarcated by MCGM being covered? Yes/ No If ‘No’, please specify boundaries (e.g. roads) of the area proposed to be covered, and mark the same on an attached plan.
East: South: West:
D. Activities Proposed to be undertaken: Please list a minimum of 3 activities proposed to be undertaken by the LACG in the area. Please indicate briefly what you would like to do.
1. 2. 3.
E. Any other information:
F. Details of Committee members: (For issue of Identity Cards, please enclose 2 passport-size photographs of each Committee member, with name and signature at the back)
Details of 5 persons who will be part of the LACG Committee:
1. Designation: Chairperson Name: Mr./Ms./Dr. Address in locality:
Contact No.: home: office: cell: Email 1: Email 2: Two line profile:
2. Designation: Honorary Secretary Name: Mr./Ms./Dr. Address in locality:
Contact No.: home: office: cell: Email 1: Email 2: Two line profile:
3. Designation: Treasurer Name: Mr./Ms./Dr. Address in locality:
Contact No.: home: office: cell: Email 1: Email 2: Two line profile:
4. Designation: Name: Mr./Ms./Dr. Address in locality:
Contact No.: home: office: cell: Email 1: Email 2: Two line profile:
5. Designation: Name: Mr./Ms./Dr. Address in the locality:
Contact No.: home: office: cell: Email 1: Email 2: Two line profile:
(The following 3 attachments are to be enclosed separately in the specified format) Attachment 1: Details of Support from authorised representatives of owners/occupiers of physical entities in the LACG area: (attach separately) Supporting documents such as photographs, press clippings may also be attached. (Examples: housing societies / residential complexes, schools, colleges and institutions, etc.) @ = Signature confirms support to the LACG, and acceptance of the LACG Charter
Attachment 2. Details of Support from up to 5 organisations / associations which are active in the LACG area: (attach separately) Examples: Advanced Locality Managements, Non-Governmental Organisations, Resident Welfare Associations, Community Based Organisations, Dattak Vasti Yojanas, Merchant Traders Associations, etc. Supporting documents such as photographs, press clippings may also be attached. @ = Signature confirms support to the LACG, and acceptance of the LACG Charter
Attachment 3: Details of Past Activities, if any, (upto 5) undertaken in the area by supporting organisations: (attach separately)Supporting documents such as photographs, press clippings may also be attached. @ = Signature confirms support to the LACG, and acceptance of the LACG Charter
UndertakingWe have read the MCGM – Local Area Citizen Group Partnership Charter 2006 and accept and agree to abide by the same and as and when modified. All that is stated in the Application Form is true to the best of our knowledge and belief.
Signed:
Chairperson Honorary Secretary Treasurer / Member |