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PART IXA
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THE MUNICIPALITIES
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243P. Definitions.—In this Part, unless the context otherwise
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requires,—
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(a) “Committee” means a Committee constituted under article 243S;
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(b) “district” means a district in a State;
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(c) “Metropolitan area” means an area having a population of ten
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lakhs or more, comprised in one or more districts and consisting of two
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or more Municipalities or Panchayats or other contiguous areas,
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specified by the Governor by public notification to be a Metropolitan
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area for the purposes of this Part;
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(d) “Municipal area” means the territorial area of a Municipality as is
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notified by the Governor;
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(e) “Municipality” means an institution of self-government
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constituted under article 243Q;
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(f) “Panchayat” means a Panchayat constituted under article 243B;
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(g) “population” means the population as ascertained at the last
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preceding census of which the relevant figures have been published.
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243Q. Constitution of Municipalities.—(1) There shall be constituted
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in every State,—
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(a) a Nagar Panchayat (by whatever name called) for a transitional
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area, that is to say, an area in transition from a rural area to an urban
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area;
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(b) a Municipal Council for a smaller urban area; and
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(c) a Municipal Corporation for a larger urban area,
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in accordance with the provisions of this Part:
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Provided that a Municipality under this clause may not be constituted in
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such urban area or part thereof as the Governor may, having regard to the size
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of the area and the municipal services being provided or proposed to be
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provided by an industrial establishment in that area and such other factors as h
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e
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may deem fit, by public notification, specify to be an industrial township.
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114
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115
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THE CONSTITUTION OF INDIA
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(2) In this article, “a transitional area”, “a smaller urban area” or <20><>
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<EFBFBD>a
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larger urban area” means such area as the Governor may, having regard to the
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population of the area, the density of the population therein, the revenue
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generated for local administration, the percentage of employment in nonagricultu
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ral activities, the economic importance or such other factors as he may
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deem fit, specify by public notification for the purposes of this Part.
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243R. Composition of Municipalities.—(1) Save as provided in clause
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(2), all the seats in a Municipality shall be filled by persons chosen by direct
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election from the territorial constituencies in the Municipal area and for this
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purpose each Municipal area shall be divided into territorial constituencies to
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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
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Municipal administration;
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(ii) the members of the House of the People and the members
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of the Legislative Assembly of the State representing
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constituencies which comprise wholly or partly the Municipal
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area;
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(iii) the members of the Council of States and the members of
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the Legislative Council of the State registered as electors within
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the Municipal area;
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(iv) the Chairpersons of the Committees constituted under
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clause (5) of article 243S:
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Provided that the persons referred to in paragraph (i) shall not
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have the right to vote in the meetings of the Municipality;
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(b) the manner of election of the Chairperson of a Municipality.
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243S. Constitution and composition of Wards Committees, etc.—(1)
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There shall be constituted Wards Committees, consisting of one or more wards,
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within the territorial area of a Municipality having a population of three lakhs
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or more.
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116
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THE CONSTITUTION OF INDIA
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(2) The Legislature of a State may, by law, make provision with respect
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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
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filled.
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(3) A member of a Municipality representing a ward within the territorial
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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;
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or
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(b) two or more wards, one of the members representing such wards
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in the Municipality elected by the members of the Wards Committee,
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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
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State from making any provision for the constitution of Committees in addition
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to the Wards Committees.
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243T. Reservation of seats.—(1) Seats shall be reserved for the
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Scheduled Castes and the Scheduled Tribes in every Municipality and the
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number of seats so reserved shall bear, as nearly as may be, the same
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proportion to the total number of seats to be filled by direct election in that
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Municipality as the population of the Scheduled Castes in the Municipal area or
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of the Scheduled Tribes in the Municipal area bears to the total population of
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that area and such seats may be allotted by rotation to different constituencies
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in a Municipality.
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(2) Not less than one-third of the total number of seats reserved under
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clause (1) shall be reserved for women belonging to the Scheduled Castes or, as
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the case may be, the Scheduled Tribes.
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(3) Not less than one-third (including the number of seats reserved for
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women belonging to the Scheduled Castes and the Scheduled Tribes) of the
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total number of seats to be filled by direct election in every Municipality shal
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l
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be reserved for women and such seats may be allotted by rotation to different
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constituencies in a Municipality.
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117
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THE CONSTITUTION OF INDIA
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(4) The offices of Chairpersons in the Municipalities shall be reserved
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for the Scheduled Castes, the Scheduled Tribes and women in such manner as
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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
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offices of Chairpersons (other than the reservation for women) under clause (4)
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shall cease to have effect on the expiration of the period specified in article
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334.
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(6) Nothing in this Part shall prevent the Legislature of a State from
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making any provision for reservation of seats in any Municipality or offices of
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Chairpersons in the Municipalities in favour of backward class of citizens.
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243U. Duration of Municipalities, etc.—(1) Every Municipality, unless
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sooner dissolved under any law for the time being in force, shall continue for
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five years from the date appointed for its first meeting and no longer:
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Provided that a Municipality shall be given a reasonable opportunity of
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being heard before its dissolution.
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(2) No amendment of any law for the time being in force shall have the
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effect of causing dissolution of a Municipality at any level, which is
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functioning immediately before such amendment, till the expiration of its
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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) before the expiration of a period of six months from the date of its
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dissolution:
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Provided that where the remainder of the period for which the dissolved
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Municipality would have continued is less than six months, it shall not be
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necessary to hold any election under this clause for constituting the
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Municipality for such period.
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(4) A Municipality constituted upon the dissolution of a Municipality
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before the expiration of its duration shall continue only for the remainder of t
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he
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period for which the dissolved Municipality would have continued under clause
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(1) had it not been so dissolved.
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243V. Disqualifications for membership.—(1) A person shall be
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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
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for the purposes of elections to the Legislature of the State concerned:
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118
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THE CONSTITUTION OF INDIA
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Provided that no person shall be disqualified on the ground that he is
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less than twenty-five years of age, if he has attained the age of twentyone year
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s;
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(b) if he is so disqualified by or under any law made by the
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Legislature of the State.
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(2) If any question arises as to whether a member of a Municipality has
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become subject to any of the disqualifications mentioned in clause (1), the
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question shall be referred for the decision of such authority and in such manner
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as the Legislature of a State may, by law, provide.
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243W. Powers, authority and responsibilities of Municipalities,
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etc.—Subject to the provisions of this Constitution, the Legislature of a Stat
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e
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may, by law, endow—
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(a) the Municipalities with such powers and authority as may be
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necessary to enable them to function as institutions of self-government
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and such law may contain provisions for the devolution of powers and
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responsibilities upon Municipalities, subject to such conditions as may
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be specified therein, with respect to—
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(i) the preparation of plans for economic development and social
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justice;
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(ii) the performance of functions and the implementation of
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schemes as may be entrusted to them including those in relation to
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the matters listed in the Twelfth Schedule;
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(b) the Committees with such powers and authority as may be
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necessary to enable them to carry out the responsibilities conferred upon
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them including those in relation to the matters listed in the Twelfth
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Schedule.
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243X. Power to impose taxes by, and Funds of, the Municipalities.—
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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
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taxes, duties, tolls and fees in accordance with such procedure and
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subject to such limits;
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(b) assign to a Municipality such taxes, duties, tolls and fees levied
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and collected by the State Government for such purposes and subject to
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such conditions and limits;
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119
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THE CONSTITUTION OF INDIA
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(c) provide for making such grants-in-aid to the Municipalities from
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the Consolidated Fund of the State; and
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(d) provide for constitution of such Funds for crediting all moneys
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received, respectively, by or on behalf of the Municipalities and also for
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the withdrawal of such moneys therefrom,
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as may be specified in the law.
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243Y. Finance Commission.—(1) The Finance Commission constituted
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under article 243-I shall also review the financial position of the Municipaliti
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es
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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
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the net proceeds of the taxes, duties, tolls and fees leviable by the
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State, which may be divided between them under this Part and the
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allocation between the Municipalities at all levels of their respective
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shares of such proceeds;
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(ii) the determination of the taxes, duties, tolls and fees which
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may be assigned to, or appropriated by, the Municipalities;
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(iii) the grants-in-aid to the Municipalities from the
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Consolidated Fund of the State;
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(b) the measures needed to improve the financial position of the
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Municipalities;
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(c) any other matter referred to the Finance Commission by the
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Governor in the interests of sound finance of the Municipalities.
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(2) The Governor shall cause every recommendation made by the
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Commission under this article together with an explanatory memorandum as to
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the action taken thereon to be laid before the Legislature of the State.
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243Z. Audit of accounts of Municipalities.—The Legislature of a State
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may, by law, make provisions with respect to the maintenance of accounts by
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the Municipalities and the auditing of such accounts.
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243ZA. Elections to the Municipalities.—(1) The superintendence,
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direction and control of the preparation of electoral rolls for, and the conduct
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of, all elections to the Municipalities shall be vested in the State Election
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Commission referred to in article 243K.
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120
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THE CONSTITUTION OF INDIA
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(2) Subject to the provisions of this Constitution, the Legislature of a
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State may, by law, make provision with respect to all matters relating to, or in
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connection with, elections to the Municipalities.
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243ZB. Application to Union territories.—The provisions of this Part
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shall apply to the Union territories and shall, in their application to a Union
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territory, have effect as if the references to the Governor of a State were
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references to the Administrator of the Union territory appointed under article
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239 and references to the Legislature or the Legislative Assembly of a State
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were references in relation to a Union territory having a Legislative Assembly,
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to that Legislative Assembly:
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Provided that the President may, by public notification, direct that the
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provisions of this Part shall apply to any Union territory or part thereof subje
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ct
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to such exceptions and modifications as he may specify in the notification.
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243ZC. Part not to apply to certain areas.—(1) Nothing in this Part
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shall apply to the Scheduled Areas referred to in clause (1), and the tribal are
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as
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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
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powers of the Darjeeling Gorkha Hill Council constituted under any law for the
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time being in force for the hill areas of the district of Darjeeling in the Stat
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e of
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West Bengal.
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(3) Notwithstanding anything in this Constitution, Parliament may, by
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law, extend the provisions of this Part to the Scheduled Areas and the tribal
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areas referred to in clause (1) subject to such exceptions and modifications as
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may be specified in such law, and no such law shall be deemed to be an
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amendment of this Constitution for the purposes of article 368.
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243ZD. Committee for district planning.—(1) There shall be
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constituted in every State at the district level a District Planning Committee t
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o
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consolidate the plans prepared by the Panchayats and the Municipalities in the
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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
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to—
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(a) the composition of the District Planning Committees;
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(b) the manner in which the seats in such Committees shall be
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filled:
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121
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THE CONSTITUTION OF INDIA
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Provided that not less than four-fifths of the total number of members of
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such Committee shall be elected by, and from amongst, the elected members of
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the Panchayat at the district level and of the Municipalities in the district in
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proportion to the ratio between the population of the rural areas and of the
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urban areas in the district;
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(c) the functions relating to district planning which may be
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assigned to such Committees;
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(d) the manner in which the Chairpersons of such Committees
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shall be chosen.
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(3) Every District Planning Committee shall, in preparing the draft
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development plan,—
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(a) have regard to—
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(i) matters of common interest between the Panchayats and
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the Municipalities including spatial planning, sharing of water and
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other physical and natural resources, the integrated development
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of infrastructure and environmental conservation;
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(ii) the extent and type of available resources whether
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financial or otherwise;
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(b) consult such institutions and organisations as the Governor
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may, by order, specify.
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(4) The Chairperson of every District Planning Committee shall forward
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the development plan, as recommended by such Committee, to the Government
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of the State.
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243ZE. Committee for Metropolitan planning.—(1) There shall be
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constituted in every Metropolitan area a Metropolitan Planning Committee to
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prepare a draft development plan for the Metropolitan area as a whole.
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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 of the Metropolitan Planning Committees;
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(b) the manner in which the seats in such Committees shall be filled:
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Provided that not less than two-thirds of the members of such
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Committee shall be elected by, and from amongst, the elected members
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of the Municipalities and Chairpersons of the Panchayats in the
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Metropolitan area in proportion to the ratio between the population of
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the Municipalities and of the Panchayats in that area;
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(c) the representation in such Committees of the Government of
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India and the Government of the State and of such organisations and
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Institutions as may be deemed necessary for carrying out the functions
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assigned to such Committees;
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122
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THE CONSTITUTION OF INDIA
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(d) the functions relating to planning and coordination for the
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Metropolitan area which may be assigned to such Committees;
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(e) the manner in which the Chairpersons of such Committees
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shall be chosen.
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(3) Every Metropolitan Planning Committee shall, in preparing the draft
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development plan,—
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(a) have regard to—
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(i) the plans prepared by the Municipalities and the
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Panchayats in the Metropolitan area;
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(ii) matters of common interest between the Municipalities
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and the Panchayats, including co-ordinated spatial planning of the
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area, sharing of water and other physical and natural resources,
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the integrated development of infrastructure and environmental
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conservation;
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(iii) the overall objectives and priorities set by the
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Government of India and the Government of the State;
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(iv) the extent and nature of investments likely to be made
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in the Metropolitan area by agencies of the Government of India
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and of the Government of the State and other available resources
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whether financial or otherwise;
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(b) consult such institutions and organisations as the Governor
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may, by order, specify.
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(4) The Chairperson of every Metropolitan Planning Committee shall
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forward the development plan, as recommended by such Committee, to the
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Government of the State.
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243ZF. Continuance of existing laws and Municipalities.—
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Notwithstanding anything in this Part, any provision of any law relating to
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Municipalities in force in a State immediately before the commencement of the
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Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent
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with the provisions of this Part, shall continue to be in force until amended or
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repealed by a competent Legislature or other competent authority or until the
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expiration of one year from such commencement, whichever is earlier:
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Provided that all the Municipalities existing immediately before such
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commencement shall continue till the expiration of their duration, unless
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sooner dissolved by a resolution passed to that effect by the Legislative
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Assembly of that State or, in the case of a State having a Legislative Council,
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by each House of the Legislature of that State.
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123
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THE CONSTITUTION OF INDIA
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243ZG. Bar to interference by courts in electoral matters.—
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Notwithstanding anything in this Constitution,—
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(a) the validity of any law relating to the delimitation of
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constituencies or the allotment of seats to such constituencies, made or
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purporting to be made under article 243ZA shall not be called in
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question in any court;
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(b) no election to any Municipality shall be called in question
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except by an election petition presented to such authority and in such
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manner as is provided for by or under any law made by the Legislature
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of a State.
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