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of Understanding |
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Memorandum
of Understanding |
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Memorandum
of Understanding
Municipal
Corporation of Greater Mumbai (MCGM) &
NGO
Council PREAMBLE
1.
2.
Additionally,
constructive civic activism promotes much-needed transparency and
accountability in the functioning of democratic institutions, thereby
strengthening people’s faith in democracy. For this reason, civil
society organizations are rightly termed as the ‘Fifth Pillar” of
democracy – after the legislature, executive, judiciary and the media.
It is now widely accepted that empowerment of civil society organizations
has become a prerequisite for enhancing the efficacy of our democratic
system. 3.
The
usefulness of civil society organizations is especially manifest when they
work in partnership with local self governments such as municipal
corporations since the latter are the direct democratic interface with the
people for the delivery of a wide range of Constitutionally mandated civic
services and amenities. 4.
II.
Need to expedite urban renewal in Mumbai through institutionalized
partnership between the MCGM and Civil Society Organizations
1.
Mumbai
has a long and proud tradition of civic activism dedicated to the cause of
a better life for all its citizens belonging to diverse communities. Since
the setting up of the Bombay Municipal Corporation in 1882 as India’s
first municipal corporation, countless non-political groups and
organizations of citizens have worked closely with the civic body in the
fields of education, public health, creation of urban amenities, art and
culture, heritage conservation, etc. However, the involvement of
non-governmental organizations (NGOs) in the functioning of the Municipal
Corporation has so far been ad-hoc and lacking an institutional basis.
Hence, the partnership has not been able to pursue, on a sustainable
basis, ambitious domain-specific goals, resulting in the non-realisation
of the full potential of such partnership. 2.
The
challenges before city governance in Mumbai have grown enormously, both in
quantum and complexity, in the past few decades due to rapid increase in
the city’s population and a host of other factors. These challenges
cannot be overcome without significantly broadbasing, deepening and
institutionalizing the partnership between the Municipal Corporation of
Greater Mumbai and NGOs/CSOs. The urgency and imperative necessity of
forging this partnership has been sharply highlighted by the crisis that
Mumbai experienced in the wake of the flooding on July 26, 2005. 3.
It
is in this context that the MCGM and the city’s civil society
organizations, as represented by the NGO Council, have decided to enter
into the following Memorandum of Understanding. Text
of the MoU
THIS
MEMORANDUM OF UNDERSTANDING made at Mumbai this 12th day of December, 2005,
BETWEEN MUNICIPAL CORPORATION OF GREATER MUMBAI, having its office at MCGM
Building, Mahapalika Marg, Mumbai 400 001 and represented by its
authorised representative Shri Subrat Ratho, Additional Municipal
Commissioner, hereinafter referred to as “MCGM” of the First Part AND
KARMAYOG by its authorised representative Shri Vinay Somani, having its
office at Shreeniwas House, 2nd floor, H. Somani Marg, Fort,
Mumbai 400 001, hereinafter referred to as “Karmayog” of the Second
Part AND NGO COUNCIL by its authorised representatives Shri Vinay Somani
having address at Shreeniwas House, 2nd floor, H. Somani
Marg, Fort, Mumbai 400 001, hereinafter referred to as “the NGO
Council” of the Third Part and reference to the parties hereto shall,
unless repugnant to the context or meaning thereof, mean and include their
respective successors and assigns.
WHEREAS MCGM is a corporation formed under the Bombay Municipal
Corporation Act, 1882, discharging functions under the aforesaid Act; AND
WHEREAS Karmayog is a website set up and organised by a Trust named Shri
R. O. Somani Charitable Trust and the objective and functions of Karmayog
are to disseminate information relating to civic matters and policies and
procedures and to function as a networking platform and to co-ordinate the
efforts and work of various citizens’ groups and Civil Society
Organisations and to co-ordinate also with Government authorities and
bodies and for these purposes to take all such actions as are required; AND
WHEREAS Karmayog worked very closely with MCGM in the aftermath of the
floods on 26th July 2005 to co-ordinate the activities of a number of NGOs
who were interested in donating materials, providing services or directly
assisting flood-affected persons. AND WHEREAS the NGO Council is a
Council which has been formed at the instance of Shri Vinay Somani of
Karmayog acting as Convenor to ensure co-ordination between the numerous
NGOs, Civil Society Organisations, associations,
not-for-profit-organizations and Trusts, which are concerned with better
civic services and the welfare of the citizens and the NGO Council will
function as a representative body of the various Organisations (as per the
list attached); AND WHEREAS it is considered useful and
beneficial to citizens and to the MCGM and Government authorities to have
a platform for easy communication and co-ordination of efforts; AND WHEREAS the parties hereto are
accordingly desirous of entering into this Memorandum of Understanding to
record the terms on which they may work together. NOW
THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS UNDER:
1)
The
parties hereto have agreed to institutionalize mutual partnership for the
promotion of efficient delivery of civic services and matters concerning
citizens. For this purpose, it
is further agreed that the MCGM shall include and involve NGOs and other
Civil Society Organisations (CSOs) in conceptualising and formulating
policies, programmes and schemes, in their implementation, monitoring and
evaluation, and in providing citizens’ feedback.
2)
In
recent times, Disaster Prevention and Management Plan has emerged as a
critical component of better city governance. Experience, both in 3) The other areas in which the parties have agreed to cooperate and collaborate are those mentioned in the Twelfth Schedule of the Constitution and the same are set out in the list annexed hereto.
4)
In
respect of each of these areas in which members of the NGO Council may be
interested or such others as may be mutually identified, the MCGM shall
strive to prepare, in consultation with the NGO Council, and also through
broadbased consultation with experts, professionals and stakeholders,
Policy Guidelines and a Plan of Action.
These shall mention the commitments of the MCGM. These shall also
mention the role of NGOs and other CSOs in ensuring the timely fulfillment
of these commitments through creation of awareness, regular monitoring and
feedback.
5)
For
this purpose, the MCGM shall form steering groups for each functional area
which is mutually identified with due representation for members of the
NGO Council, experts and eminent citizens.
6)
The
MCGM shall communicate the agreed Plan of Action to ward-level officials
and to all relevant departmental officials and also to ensure that the
tasks mentioned therein are carried out in an effective and timebound
manner. The names of officers accountable for the fulfillment of each
specific task may be made widely known to NGOs/CSOs concerned as well as
to the public at large.
7)
Since
much of the MCGM’s public interface
is at the ward level, it shall be incumbent on all ward officers
and departmental heads to promote participatory governance in the areas
under their jurisdiction. For this purpose, they shall prepare their own
Plans of Action, in consultation with the local CBOs, NGOs and other CSOs,
and also involve these organisations in implementing and monitoring the
Plans of Action.
8)
The
MCGM shall convene meetings with representatives of the NGO Council at
regular intervals, such as monthly, and additional meetings may be
convened as suggested by the NGO Council. The practice of regular meetings
shall also be followed at the ward level and these shall be convened by
the ward officers.
9)
Minutes
of each meeting shall be maintained as per standard procedure.
10)
The
Parties shall work together to introduce such reforms in the MCGM as may
be necessary to promote Good City Governance.
11)
The
Parties shall work together to promote greater coordination, under the
aegis of the MCGM, of all the agencies that affect the lives of citizens
of Mumbai.
12)
The
MCGM shall review and improve, at all levels, from time to time, its
system of redressal of citizens’ grievances and also empower NGOs and
other CSOs to monitor the efficacy of the improved system.
13)
To
give visible effect to the principle of Participatory Governance, MCGM
officials shall attend public meetings convened by the NGO Council, in
which citizens can freely express grievances, give feedback and make
suggestions on improved city governance.
14)
The
Parties shall work together to create mass awareness and also to promote
civic responsibility among citizens. 15) To promote transparency and accountability, the MCGM shall widely disseminate all necessary and regularly updated information about its policies, programmes and schemes to members of the public.
16)
The
Karmayog website shall be used for important information to be
disseminated by MCGM and by the NGO Council and to act as an interface
between MCGM, NGO Council, CSOs and the citizens.
17)
The
parties hereto agree to co-ordinate with each other in a constructive
manner.
18)
This
MOU shall continue until terminated. The party terminating the MoU shall
communicate the reasons for termination to the other party and these
reasons may be made public.
19)
MCGM
agrees to fund such activities, projects and events and also helplines and
advice as the parties hereto may mutually agree upon.
20)
There
shall be a yearly review of the implementation of this MoU and the
contents of the review shall be made public. IN
WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands the day and year first hereinabove written. SIGNED
AND DELIVERED by the within-
) named
MCGM by its Authorised
) representative
Shri Subrat Ratho
)
sd/- in
the presence of Geeta G.
Dewoolkar
)
SIGNED
AND DELIVERED by the within-
) named
KARMAYOG by its Authorised
) representative
Shri Vinay Somani
)
sd/- in
the presence of J. G. Upadhyay
)
SIGNED
AND DELIVERED by the within-
) named
NGO COUNCIL its Authorised
) representatives
Shri Vinay Somani
)
sd/- in
the presence of John Mathew
)
Annexure
1 A provision in the Indian Constitution read with the
Twelfth Schedule provides the basis for the State Legislatures in - Urban
planning including town planning; -
Regulation of land use and construction of buildings; - Planning
for economic and social development; - Roads
and bridges; - Water
supply for domestic, industrial and commercial purposes; - Public
health, sanitation, conservancy and solid waste management; - Fire
services; - Urban
forestry, protection of the environment and promotion of ecological
aspects; -
Safeguarding the interests of weaker sections of society, including the
handicapped and mentally retarded; - Slum
improvement and upgradation; - Urban
poverty alleviation; -
Provision of urban amenities and facilities such as parks, gardens,
playgrounds; -
Promotion of cultural, educational and aesthetic aspects; - Burials
and burial grounds; cremations, cremation grounds and electric
crematoriums; - Cattle
pounds, prevention of cruelty to animals; - Vital
statistics including registration of births and deaths; - Public
amenities including street lighting, parking lots, bus stops and public
conveniences; and -
Regulation of slaughterhouses and tanneries.
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