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PART09A.txt
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PART09A.txt
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PART IXA
THE MUNICIPALITIES
243P. Definitions.—In this Part, unless the context otherwise
requires,—
(a) “Committee” means a Committee constituted under article 243S;
(b) “district” means a district in a State;
(c) “Metropolitan area” means an area having a population of ten
lakhs or more, comprised in one or more districts and consisting of two
or more Municipalities or Panchayats or other contiguous areas,
specified by the Governor by public notification to be a Metropolitan
area for the purposes of this Part;
(d) “Municipal area” means the territorial area of a Municipality as is
notified by the Governor;
(e) “Municipality” means an institution of self-government
constituted under article 243Q;
(f) “Panchayat” means a Panchayat constituted under article 243B;
(g) “population” means the population as ascertained at the last
preceding census of which the relevant figures have been published.
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
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THE CONSTITUTION OF INDIA
(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 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.
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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.
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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:
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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 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.
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;
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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.
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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:
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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;
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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.
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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.