9APart IXA (A:243P-243ZG): The Municipalities
· Article 243P :
Definitions
243P. 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
243Q. (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
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.
(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.
· Article 243S :
Constitution and composition of Wards Committees, etc.
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.
(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
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 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 shall be
reserved for women and such seats may be allotted by rotation to different
constituencies in a Municipality.
(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.
· Article 243U :
Duration of Municipalities, etc.
243U. (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
243V. (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.
243W. 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 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.
· Article 243X :
Power to impose taxes by, and Funds of, the Municipalities
243X. 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 the law.
· Article 243Y :
Finance Commission
243Y. (1) The
Finance Commission constituted under article 243-I shall also review the
financial position of the Municipalities 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.
· Article 243Z :
Audit of accounts of Municipalities
243Z. 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
243ZA. (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 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.
· Article 243ZB :
Application to Union territories
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 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
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.
(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
243ZD. (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
243ZE. (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
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.
· Article 243ZF :
Continuance of existing laws and Municipalities
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.
· Article 243ZG :
Bar to interference by Courts in electoral matters
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.