印度城市地方自治:基础设施发展与绩效分析

Smritimala Bhattacharyya, Anupam Dey, Gautam Bandyopadhyay
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引用次数: 0

摘要

各级政府必须在发展城市基础设施方面发挥重要作用,加强经济基础。印度宪法规定了三级联邦结构(联邦、邦和地方),规定了所有政府的权力和责任。因此,《宪法》所期望的意图是各级政府在《宪法》规定的范围内以协调的方式开展城市基础设施发展工作。第三级政府一般被称为地方自治政府,它有两个分支,一个在农村地区运作,另一个在城市地区运作。这些地方自治团体的宪法地位是通过1992年第73、74号宪法修正案确立的。在城市地区运作的地方自治政府通常被称为“城市地方自治政府”。在修订法案之前,地方基础设施发展计划是由上级政府制定的,而地方需求不会被考虑在内。因此,该修正案是对州政府的一项指示,要求州政府在编制经济发展和社会正义计划方面,将权力和责任移交给地方政府,并要求州政府执行可能需要的发展计划,使地方政府能够作为自治机构发挥作用。不幸的是,赋予地方自治政府权力的问题一直由州政府自行决定,因此立法的主要目的是使城市地方机构对州政府负责,而不是对公民负责(世界银行,2007)。城市地方自治政府(以下简称ULSG)有三种类型:(i)从农村地区过渡到城市地区的Nagar Panchayats;较小城市地区的市议会;较大城市地区的市政公司。与世界其他国家一样,印度也处于快速城市化阶段,宪法为不同级别的政府提供了不同的并行工作清单。在法定上负责在城市地区提供基本基础设施和维护这些设施之后,地方政府的作用变得越来越重要。地方自治团体难以在有限的财政资源和无限的公共服务需求之间取得平衡。(Tesu, 2011)。地方自治团体的财务分析:地方自治团体在法律上有责任有效地执行权力下放的职能,这需要两个重要因素的存在:足够的收入水平,无论是在地方筹集还是从中央政府转移,以及对支出做出决策的权力(Meddzi和Gondo, 2010)。ULSGs的资金主要有两大来源:自有来源和外部来源。自己的收入来源主要包括在指定权力范围内的税收和非税收入,而外部来源则构成上级授予和转让的主要部分,包括他人的捐款、银行或金融机构的贷款以及通过发行债券筹集的资金。Psycharis和Iliopoulou(2016)评论说,希腊地方市政当局的税收或其他形式的财政自治程度有限,因此仍然严重依赖财政集中的收入来源。这种情况在印度的ulsg中也普遍存在。一些文献表明,这种依赖是由于巨大的职能和合法的财政来源之间的宪法不平衡。印度ulsg的税基最低(财产税、广告税等),而上层的税基更高。因此,上级政府收取的资金被下放到下级政府,但没有达到期望的水平。为了解决这一不平衡问题,修改法规定,除了由中央政府组建财政委员会外,各州还要组建国家财政委员会。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
URBAN LOCAL SELF GOVERNMENT IN INDIA: INFRASTRUCTURE DEVELOPMENT AND PERFORMANCE ANALYSIS
INTRODUCTION:Governments at all levels have to play a major role in developing urban infrastructure which strengthens the base of an economy. Indian Constitutionhas provided for a three tiers federal structure (Union, State and Local) specifying the powers and responsibilities for all the tires of the governments. Therefore, it is the desired intention of the Constitution that all the tiers of the Governments work in a co -ordinated manner well within limits of the Constitution for urban infrastructure development. Third tier of Governments are generally termed as local self-governments and it has two wings, one which operates in the rural areas and the other in the urban areas. Constitutional status has been provided to these local governments through the 73th and 74th Constitutional Amendment Acts, 1992. Local self-governmentoperating in urban areas are commonly known as "Urban Local Self Governments".Prior to the Amendment Act, the plan for local infrastructure development were used to be drawn by the upper tier governmentswhere local requirement would not be considered. Therefore, the amendment is a direction to the state governments for transfer of power and responsibilities to the local governments with respect to preparation of plans for economic development and social justice, and also for the implementation of development schemes as may be required to enable the local governments to function as institutions of self-government. Unfortunately the issue of empowerment of the local selfgovernments has been left at the discretion of the state governments and as a result legislation primarily aims to make urban local bodies accountable to their stategovernment rather than to the citizens (The World Bank, 2007).Urban Local Self Governments (hereinafter referred to as ULSG) are of three types: (i) Nagar Panchayats for areas in transition from a rural area tourban area; (ii) Municipal Councils for smaller urban areas; (iii) Municipal Corporations for larger urban areas.India is also in the stage of rapid urbanization like other countries in the World and the constitution has provided different and concurrent list of works for different levels of governments. The role of ULGs, after becoming statutorily responsible for providing basic infrastructural facilities and maintenance of the same in the urban areas, has become more and more important.ULSGs find it difficult to balance between the limited financial resources and the unlimited needs for public services. (Tesu, 2011).FINANCIAL ANALYSIS OF ULSGs:ULSGs are statutorily responsible to carry out decentralized functions effectively and this requires presence of two important elements: adequate level of revenue either raised locally or transferred from the central government and the authority to make decisions about expenditures (Meddzi and Gondo, 2010). Finance of ULSGs consists of two major sources: own source and external source. Own source of receipts basically includes tax and non-tax receipts within the assigned power whereas external source constitutes a major portion of grant and assignments from upper tiers including contribution from others, loan from bank or financial institution and fund raised through issue of bonds.Psycharis and Iliopoulou(2016) have commented that local municipalities in Greece have a limited extent of tax or other forms of fiscal autonomy and therefore still rely heavily on fiscally centralized revenue sources. This situation also prevails in the ULSGs in India. Several literaturesshow that the dependency is due to the constitutional imbalance between the enormous functions and legitimate source of finances. ULSGs in India have lowest tax base (property tax, advertisement tax etc.)and upper tiers enjoy higher tax bases. Therefore,funds collected by the upper tiers are devolved to the lower levels of governments but not at the desired level. In order to resolve the imbalance, the amendment act has stated for constitution of state finance commission in every state which in addition to finance commission constituted by the central government. …
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