Part IXA - The Municipalities
Article
243P Definitions
In this Part, unless the context otherwise
requires, -
(a) "Committee" means a Committee
constituted under Article 243S ;
(b)
"district" means a district in a State;
(c)
"Metropolitan area" means an area having a population of
ten lakhs or more, comprised in one or more districts and consisting
of two or more Municipalities or Panchayats or other contiguous
areas, specified by the Governor by public notification to be a
Metropolitan area for the purposes of this Part;
(d) "Municipal
area" means the territorial area of a Municipality as is
notified by the Governor;
(e) "Municipality" means an
institution of self-government constituted under Article 243Q ;
(f)
"Panchayat" means a Panchayat constituted under Article
243B ;
(g)
"population" means the population as ascertained at the
last preceding census of which the relevant figures have been
published.
Article
243Q Constitution of Municipalities
(1) There shall be
constituted in every State,
(a) a Nagar Panchayat (by whatever
name called) for a transitional area, that is to say, an area in
transition from a rural area to an urban area;
(b) a Municipal
Council for a smaller urban area; and
(c) a Municipal
Corporation for a larger urban area,
in accordance with the
provisions of this Part:
Provided that a Municipality under this
clause may not be constituted in such urban area or part thereof as
the Governor may, having regard to the size of the area and the
municipal services being provided or proposed to be provided by an
industrial establishment in that area and such other factors as he
may deem fit by public notification, specify to be an industrial
township.
(2) In this article, "a transitional area",
"a smaller urban area" or "a larger urban area"
means such area as the Governor may, having regard to the population
of the area, the density of the population therein, the revenue
generated for local administration, the percentage of employment in
non-agricultural activities, the economic importance or such other
factors as he may deem fit, specify by public notification for the
purposes of this Part.
Article
243R Composition of Municipalities
(1) Save as
provided in Clause (2), all the seats in a Municipality shall be
filled by persons chosen by direct election from the territorial
constituencies in the Municipal area and for this purpose each
Municipal area shall be divided into territorial constituencies to be
known as wards.
(2) The Legislature of a State may, by law,
provide -
(a) for the representation in a Municipality of -
(i)
persons having special knowledge or experience in Municipal
administration;
(ii) the members of the House of the People and
the members of the Legislative Assembly of the State representing
constituencies which comprise wholly or partly the Municipal
area;
(iii) the members of the Council of States and the members
of the Legislative Council of the State registered as electors within
the Municipal area;
(iv) the Chairpersons of the Committees
constituted under Clause (5) of Article 243S :
Provided that the persons referred to in paragraph (i) shall not have
the right to vote in the meeting of the Municipality;
(b) the
manner of election of the Chairperson of a Municipality.
Article
243S Constitution and composition of Wards Committees, etc.
(1)
There shall be constituted Wards Committees, consisting of one or
more Wards, within the territorial area of a Municipality having a
population of three lakhs or more.
(2) The Legislature of a
State may, by law, make provision with respect to -
(a) the
composition and the territorial area of a Wards Committee;
(b)
the manner in which the seats in a Wards Committee shall be
filled.
(3) A member of a Municipality representing a ward
within the territorial area of the Wards Committee shall be a member
of that Committee.
(4) Where a Wards Committee consists of -
(a)
one ward, the member representing that ward in the Municipality;
or
(b) two or more wards, one of the members representing such
wards in the Municipality elected by the members of the Wards
Committee,
shall be the Chairperson of that Committee.
(5)
Nothing in this article shall be deemed to prevent the Legislature of
a State from making any provision for the Constitution of Committees
in addition to the Wards Committees.
Article
243T Reservation of seats
(1) Seats shall be reserved
for the Scheduled Castes and the Scheduled Tribes in every
Municipality and the number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to
be filled by direct election in that Municipality as the population
of the Scheduled Castes in the Municipality area or of the Scheduled
Tribes in the Municipal area bears to the total population of that
area and such seats may be allotted by rotation to different
constituencies in a Municipality.
(2) Not less than one-third of
the total number of seats reserved under Clause (1) shall be reserved
for women belonging to the Scheduled Castes or as the case may be,
the Scheduled Tribes.
(3) Not less than one-third (including the
number of seats reserved for women belonging to the Scheduled Castes
and the Scheduled Tribes of the total number of seats to be filled by
direct election in every Municipality shall be reserved for women and
such seats may be allotted by rotation to different constituencies in
a Municipality.
(4) The officers of Chairpersons in the
Municipalities shall be reserved for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the Legislature of a
State may, by law, provide.
(5) The reservation of seats under
Clauses (1) and (2) and the reservation of offices of Chairpersons
(other than the reservation for women) under Clause (4) shall cease
to have effect on the expiration of the period specified in Article
334 .
(6)
Nothing in this Part shall prevent the Legislature of a State from
making any provision for reservation of seats in any Municipality or
offices of Chairpersons in the Municipalities in favour of backward
class of citizens.
Article
243U Duration of Municipalities, etc.
(1) Every
Municipality, unless sooner dissolved under any law for the time
being in force, shall continue for five years from the date appointed
for its first meeting and no longer:
Provided that a
Municipality shall be given a reasonable Opportunity of being heard
before its dissolution.
(2) No amendment of any law for the time
being in force shall have the effect of causing dissolution of a
Municipality at any level, which is functioning immediately before
such amendment, till the expiration of its duration specified in
Clause (1).
(3) An election to constitute a Municipality shall
be completed, -
(a) before the expiry of its duration specified
in Clause (1);
(b) before the expiration of a period of six
months from the date of its dissolution:
Provided that where the
remainder of the period for which the dissolved Municipality would
have continued is less than six months, it shall not be necessary to
hold any election under this clause for constituting the Municipality
for such period.
(4) A Municipality constituted upon the
dissolution of a Municipality before the expiration of its duration
shall continue only for the remainder of the period for which the
dissolved Municipality would have continued under Clause (1) had it
not been so dissolved.
Article
243V Disqualifications for membership
(1) A person
shall be disqualified for being chosen as and for being, a member of
a Municipality -
(a) if he is so disqualified by or under any
law for the time being in force for the purposes of elections to the
Legislature of the State concerned:
Provided that no person
shall be disqualified on the ground that he is less than twenty-five
years of age, if he has attained the age of twenty-one years;
(b)
if he is so disqualified by or under any law made by the Legislature
of the State.
(2) If any question arises as to whether a member
of a Municipality has become subject to any of the disqualifications
mentioned in Clause (1), the question shall be referred for the
decision of such authority and in such manner as the Legislature of a
State may, by law, provide.
Article
243W Powers, authority and responsibilities of Municipalities
etc.
Subject to the provisions of this Constitution, the
Legislature of a State may, by law, endow -
(a) the
Municipalities with such powers and authority as may be necessary to
enable them to function as institutions of self-government and such
law may contain provisions for the devolution of powers and
responsiblities upon Municipalities, subject to such conditions as
may be specified therein, with respect to -
(i) the preparation
of plans for economic development and social justice;
(ii) the
performance of functions and the implementation of schemes as may be
entrusted to them including those in relation to the matters listed
in the Twelfth Schedule;
(b) the Committees with such powers and
authority as may be necessary to enable them to carry out the
responsibilities conferred upon them including those in relation to
the matters listed in the Twelfth Schedule.
Article
243X Power to impose taxes by, and Funds of, the Municipalities
The
Legislature of a State may, by law, -
(a) authorise a
Municipality to levy, collect and appropriate such taxes, duties,
tolls and fees in accordance with such procedure and subject to such
limits;
(b) assign to a Municipality such taxes, duties, tolls
and fees levied and collected by the State Government for such
purposes and subject to such conditions and limits;
(c) provide
for making such grants-in-aid to the Municipalities from the
Consolidated Fund of the State; and
(d) provide for constitution
of such Funds for crediting all moneys received, respectively, by or
on behalf of the Municipalities and also for the withdrawal of such
moneys therefrom,
as may be specified in law.
Article
243Y Finance Commission
(1) The Finance Commission
constituted under Article 243I
shall also review the financial position of the Municipalities and
make recommendation to the Governor as to -
(a) the principles
which should govern -
(i) the distribution between the State and
the Municipalities of the net proceeds of the taxes, duties, tolls
and fees leviable by the State, which may be divided between them
under this Part and the allocation between the Municipalities at all
levels of their respective shares of such proceeds;
(ii) the
determination of the taxes, duties, tolls and fees which may be
assigned to, or appropriated by, the Municipalities;
(iii) the
grants-in-aid to the Municipalities from the Consolidated Fund of the
State;
(b) the measures needed to improve the financial position
of the Municipalities;
(c) any other matter referred to the
Finance Commission by the Governor in the interests of sound finance
of the Municipalities.
(2) The Governor shall cause every
recommendation made by Commission under this article together with an
explanatory memorandum as to the action taken thereon to be laid
before the Legislature of the State.
Article
243Z Audit of accounts of Municipalities
The Legislature of
a State may, by law, make provisions with respect to the maintenance
of accounts by the Municipalities and the auditing of such accounts.
Article
243ZA Elections to the Municipalities
(1) The
superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to the
Municipalities shall be vested in the State Election Commission
referred to in Article 243K .
(2)
Subject to the provisions of the Constitution, the Legislature of a
State may, by law, make provision with respect to all matters
relating to, or in connection with, elections to the Municipalities.
Article
243ZB Application to Union territories
The provisions of
this Part shall apply to the Union territories and shall, in their
application to a Union territory, have effect as if the references to
the Governor of a State were references to the Administrator of the
Union territory appointed under Article 239
and references to the Legislature or the Legislative Assembly of a
State were references in relation to a Union territory having a
Legislative Assembly, to that Legislative Assembly: Provided that the
President may, by public notification, direct that the provisions of
this Part shall apply to any Union territory or part thereof subject
to such exceptions and modifications as he may specify in the
notification.
Article
243ZC Part not to apply to certain areas
(1) Nothing
in this Part shall apply to the Scheduled Areas referred to in Clause
(1), and the tribal areas referred to in Clause (2), of Article
244 .
(2)
Nothing in this Part shall be construed to affect the functions and
powers of the Darjeeling Gorkha Hill Council constituted under any
law for the time being in force for the hill areas of the district of
Darjeeling in the State of West Bengal.
(3) Notwithstanding
anything in this Constitution, Parliament may, by law, extend the
provisions of this Part to the Scheduled Areas and the tribal areas
referred to in Clause (1) subject to such exceptions and
modifications as may be specified in such law, and no such law shall
be deemed to be an amendment of this Constitution for the purposes of
Article 368 .
Article
243ZD Committee for district planning
(1) There shall
be constituted in every State at the district level a District
Planning Committee to consolidate the plans prepared by the
Panchayats and the Municipalities in the district and to prepare a
draft development plan for the district as a whole.
(2) The
Legislature of a State may, by law, make provision with respect to
-
(a) the composition of the District Planning Committees;
(b)
the manner in which the seats in such Committees shall be
filled:
Provided that not less than four-fifths of the total
number of members of such Committee shall be elected by, and from
amongst, the elected members of the Panchayat at the district level
and of the Municipalities in the district in proportion to the ratio
between the population of the rural areas and of the
urban areas
in the district;
(c) the functions relating to district planning
which may be assigned to such Committees;
(d) the manner in
which the Chairpersons of such Committees shall be chosen.
(3)
Every District Planning Committee shall, in preparing the draft
development plan, -
(a) have regard to -
(i) matters of
common interest between the Panchayats and the Municipalities
including spatial planning, sharing of water and other physical and
natural resources, the integrated development of infrastructure and
environmental conservation;
(ii) the extent and type of
available resources whether financial or otherwise;
(b) consult
such institutions and organisations as the Governor may, by order,
specify.
(4) The Chairperson of every District Planning
Committee shall forward the development plan, as recommended by such
Committee, to the Government of the State.
Article
243ZE Committee for Metropolitan planning
(1) There
shall be constituted in every Metropolitan area a Metropolitan
Planning Committee to prepare a draft development plan for the
Metropolitan area as a whole.
(2) The Legislature of a State
may, by law, make provision with respect to -
(a) the
composition of the Metropolitan Planning Committees;
(b) the
manner in which the seats in such Committees shall be
filled:
Provided that not less than two-thirds of the members of
such Committee shall be elected by, and from amongst, the elected
members of the Municipalities and Chairpersons of the Panchayats in
the Metropolitan area in proportion to the ratio between the
population of the Municipalities and of the Panchayats in that
area;
(c) the representation in such Committees of the
Government of India and the Government of the State and of such
organisations and institutions as may be deemed necessary for
carrying out the functions assigned to such Committees;
(d) the
functions relating to planning and coordination for the Metropolitan
area which may be assigned to such Committees;
(e) the manner in
which the Chairpersons of such Committees shall be chosen.
(3)
Every Metropolitan Planning Committee shall, in preparing the draft
development plan, -
(a) have regard to -
(i) the plans
prepared by the Municipalities and the Panchayats in the Metropolitan
area;
(ii) matters of common interest between the Municipalities
and the Panchayats, including co-ordinated spatial planning of the
area, sharing of water and other physical and natural resources, the
integrated development of infrastructure and environmental
conservation;
(iii) the overall objectives and priorities set by
the Government of India and Government of the State;
(iv) the
extent and nature of investments likely to be made in the
Metropolitan area by agencies of the Government of India and of the
Government of the State and other available resources whether
financial or otherwise;
(b) consult such institutions and
organisations as the Governor may, by order, specify.
(4) The
Chairperson of every Metropolitan Planning Committee shall forward
the development plan, as recommended by such Committee, to the
Government of the State.
Article
243ZF Continuance of existing laws and Municipalities
Notwithstanding
anything in this Part, any provision of any law relating to
Municipalities in force in a State immediately before the
commencement of the Constitution (seventy-fourth Amendment) Act,
1992, which is inconsistent with the provisions of this Part, shall
continue to be in force until amended or repealed by a competent
Legislature or other competent authority or until the expiration of
one year from such commencement, whichever is earlier:
Provided
that all the Municipalities existing immediately before such
commencement shall continue till the expiration of their duration,
unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having
a Legislative Council, by each House of the Legislature of that
State.
Article
243ZG Bar to interference by Courts in electoral
matters
Notwithstanding anything in this Constitution, -
(a)
the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies made
or purporting to be made [under] Article 243ZA
shall not be called in question in any Court;
(b) no election to
any Municipality shall be called in question except by an election
petition presented to such authority and in such manner as is
provided for by or under any law made by the Legislature of a State.
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