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243P.
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In
this Part, unless the context otherwise requires:- |
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(a)
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"Committee"
means a Committee constituted under article 243S; |
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(b)
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"District"
means a district in a State; |
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(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; |
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(d)
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"Municipal
area" means the territorial area of a Municipality as is notified
by the Governor; |
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(e)
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"Municipality"
means an institution of self-government constituted under article
2430; |
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(f)
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"Panchayat"
means a Panchayat constituted under article 243B; |
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(g)
|
"Population"
means the population as ascertained at the last preceding census of
which the relevant figures have been published. |
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243Q.
(1)
|
There
shall be constituted in every State :- |
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(a)
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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 ; |
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(b)
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a
Municipal Council for a smaller urban area; and |
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(c)
|
a
Municipal Corporation for a larger urban area, in accordance with
the provisions of this Act: |
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|
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 established in that area and such
other factors as he may deem fit, by public notification, specify
to be an industrial township. |
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(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. |
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243R.
(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. |
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(2)
|
The
Legislature of a State may, by law, provide, - |
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(a)
|
for
the representation in a Municipality of – |
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(i)
persons having special knowledge or experience in Municipal administration; |
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(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; |
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(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: |
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(iv)
the Chairpersons of the Committees constituted under clause (5) of
article 243S: |
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Provided
that the persons referred to in paragraph (I) shall not have the right
to vote in the meeting of the Municipality: |
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(b)
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the
manner of election of the Chairperson of a Municipality. |
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243S. (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. |
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(2)
|
The
Legislature of a State may, by law, make provision with respect to
– |
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(a)
the composition and the territorial area of a Wards Committee; |
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(b)
the manner in which the seats in a Wards Committee shall be filled.
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(3)
|
A
member of a Municipality representing a ward within the territorial
area of the Wards Committee shall be a member of that Committee. |
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(4)
|
Where
a Wards Committee consists of – |
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(a)
one ward, the member representing that ward in the Municipality; or
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(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. |
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(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. |
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243T.(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 total number of seats
to be filled by direct election in that Municipality as the population
of the Scheduled Castes in the Municipal 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. |
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(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. |
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(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. |
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(4)
|
The
office 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 |
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(5)
|
The
reservation of seats under clauses (1) and (2) and the reservation
of office 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. |
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(6)
|
Nothing
in this Part shall prevent the Legislature of a State from making
any provision for reservation of seats in any Municipality or office
of Chairpersons in the Municipalities in favour of backward class
of citizens. |
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243U.(1)
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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.
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(2)
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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). |
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(3)
|
An
election to constitute a Municipality shall be completed, |
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(a)
|
before
the expiry of its duration specified in clause (1); |
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(b)
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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. |
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(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. |
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243V.(1)
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A
person shall be disqualified for being chosen as, and for being, a
member of a Municipality – |
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(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 attained the age of twenty-one
years; |
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(b)
|
if
he is so disqualified by or under any law made by the Legislature
of the State. |
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(2)
|
if
any question arises as to whether a member of a Municipality has become
subject to any of the disqualification mentioned in clause(1), the
question shall be referred for the decision of such authority and
in such manner as the manner as the Legislature of a State may, by
law, provide. |
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243W
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Subject
to the provisions of this Constitution, the Legislature of a State
may, by law, endow – |
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(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 responsibilities
upon Municipalities, subject to such conditions as may be specified
therein, with respect to – |
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(i)
|
the
preparation of plans for economic development and social justice; |
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(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); |
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(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. |
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243X.
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The
Legislature of a State may, by law, - |
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(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; |
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(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; |
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(c)
|
provide
for making such grants-in-aid to the Municipalities from the Consolidated
Fund of the State; and |
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(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 the law.
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243Y.(1)
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The
Finance Commission constituted under article243-1 shall also review
the financial position of the Municipalities and make recommendations
to the Governor as to – |
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(a)
|
the
principles which should govern – |
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(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; |
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(ii)
|
the
determination of the taxes, duties, tolls and fees which may be assigned
to, or appropriated by, the Municipalities; |
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(iii)
|
the
grants-in-aid to the Municipalities from the Consolidated Fund of
the State; |
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(b)
|
the
measures needed to improve the financial position of the Municipalities; |
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(c)
|
any
other matter referred to the Finance Commission by the Governor in
the interests of sound finance of the Municipalities. |
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(2)
|
The
Governor shall cause every recommendation made by the Commission under
this article together with an explanatory memorandum as to the action
taken thereon to be laid before the Legislature of the State. |
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243Z.
|
The
Legislature of a State may, by law, make provisions with respect to
the maintenance of accounts by the Municipalities and the audit of
such accounts. |
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243ZA.(1)
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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. |
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(2)
|
Subject
to the Provisions of this 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. |
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243ZB.
|
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 reference 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.
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243ZC.(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.
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(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 direct of Darjeeling
in the State of West Bengal |
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(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. |
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243ZD.(1)
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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. |
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(2)
|
The
Legislature of a State may, by law, make provision with respect |
|
(a)
|
the
composition of the District Planning Committee; |
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(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. |
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|
243ZE.(1)
|
There
shall be constituted in every Metropolitan area, a Metropolitan Planning
Committee to prepare a draft development plan for the Metropolitan
areas 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
areas 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, - |
|
|
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 coordinated 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
the Government of 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. |
|
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|
243ZF.
|
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.
|
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243ZG.
|
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. |
|
|
In
clause (3) of article 280 of the Constitution, sub-clause (c) shall
be lettered as sub-clause (d) and before sub-clause (d) as so relettered,
the following sub-clause shall be inserted, namely :- |
|
|
"(c)
the measures needed to augment the Consolidated Fund of a State to
supplement the resources of the Municipalities in the State on the
basis of the recommendations made by the Finance Commission of the
State". |
|
|
After
the Eleventh Schedule to the Constitution, the following Schedule
shall be added, namely:- |
