AMENDMENT_74_01061993
This commit is contained in:
parent
3d1419d7d6
commit
12cc2eef11
|
@ -292,7 +292,11 @@ revenues of the States out of the Consolidated Fund of India;
|
|||
(bb) the measures needed to augment the Consolidated Fund of a
|
||||
State to supplement the resources of the Panchayats in the State on the basis
|
||||
of the recommendations made by the Finance Commission of the State;
|
||||
(c) any other matter referred to the Commission by the President
|
||||
(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;
|
||||
(d) any other matter referred to the Commission by the President
|
||||
in the interests of sound finance.
|
||||
(4) The Commission shall determine their procedure and shall have such
|
||||
powers in the performance of their functions as Parliament may by law confer
|
||||
|
|
|
@ -0,0 +1,374 @@
|
|||
PART IXA
|
||||
THE MUNICIPALITIES
|
||||
243P. Definitions.—In this Part, unless the context otherwise
|
||||
requires,—
|
||||
(a) “Committeeâ€<C3A2> means a Committee constituted under article 243S;
|
||||
(b) “districtâ€<C3A2> means a district in a State;
|
||||
(c) “Metropolitan areaâ€<C3A2> 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 areaâ€<C3A2> means the territorial area of a Municipality as is
|
||||
notified by the Governor;
|
||||
(e) “Municipalityâ€<C3A2> means an institution of self-government
|
||||
constituted under article 243Q;
|
||||
(f) “Panchayatâ€<C3A2> means a Panchayat constituted under article 243B;
|
||||
(g) “populationâ€<C3A2> means the population as ascertained at the last
|
||||
preceding census of which the relevant figures have been published.
|
||||
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 h
|
||||
e
|
||||
may deem fit, by public notification, specify to be an industrial township.
|
||||
|
||||
114
|
||||
|
||||
115
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(2) In this article, “a transitional areaâ€<C3A2>, “a smaller urban areaâ€<C3A2> or â€
|
||||
œa
|
||||
larger urban areaâ€<C3A2> 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 nonagricultu
|
||||
ral activities, the economic importance or such other factors as he may
|
||||
deem fit, specify by public notification for the purposes of this Part.
|
||||
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 meetings of the Municipality;
|
||||
(b) the manner of election of the Chairperson of a Municipality.
|
||||
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.
|
||||
|
||||
116
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(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.
|
||||
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 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.
|
||||
(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 shal
|
||||
l
|
||||
be reserved for women and such seats may be allotted by rotation to different
|
||||
constituencies in a Municipality.
|
||||
|
||||
117
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(4) The offices 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.
|
||||
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 t
|
||||
he
|
||||
period for which the dissolved Municipality would have continued under clause
|
||||
(1) had it not been so dissolved.
|
||||
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:
|
||||
|
||||
118
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
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 twentyone year
|
||||
s;
|
||||
(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.
|
||||
243W. Powers, authority and responsibilities of Municipalities,
|
||||
etc.—Subject to the provisions of this Constitution, the Legislature of a Stat
|
||||
e
|
||||
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
|
||||
responsibilities 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.
|
||||
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;
|
||||
|
||||
119
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(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 the law.
|
||||
243Y. Finance Commission.—(1) The Finance Commission constituted
|
||||
under article 243-I shall also review the financial position of the Municipaliti
|
||||
es
|
||||
and make recommendations 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 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.
|
||||
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.
|
||||
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.
|
||||
|
||||
120
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(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.
|
||||
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 subje
|
||||
ct
|
||||
to such exceptions and modifications as he may specify in the notification.
|
||||
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 are
|
||||
as
|
||||
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 Stat
|
||||
e 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.
|
||||
243ZD. Committee for district planning.—(1) There shall be
|
||||
constituted in every State at the district level a District Planning Committee t
|
||||
o
|
||||
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:
|
||||
|
||||
121
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
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.
|
||||
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;
|
||||
|
||||
122
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
(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 the 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.
|
||||
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.
|
||||
|
||||
123
|
||||
|
||||
THE CONSTITUTION OF INDIA
|
||||
|
||||
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.
|
||||
|
||||
|
|
@ -0,0 +1,49 @@
|
|||
TWELFTH SCHEDULE
|
||||
(Article 243W)
|
||||
1.
|
||||
2.
|
||||
3.
|
||||
4.
|
||||
5.
|
||||
6.
|
||||
7.
|
||||
8.
|
||||
9.
|
||||
10.
|
||||
11.
|
||||
12.
|
||||
13.
|
||||
14.
|
||||
15.
|
||||
16.
|
||||
17.
|
||||
18.
|
||||
|
||||
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.
|
||||
Regulation of slaughter houses and tanneries.
|
||||
|
||||
301
|
||||
|
||||
|
Loading…
Reference in New Issue