Constitutional Provisions Regarding Municipalities

CONSTITUTIONAL PROVISIONS REGARDING MUNICIPALITIES PART IX-A THE MUNICIPALITIES 243-P. Definition . In this Part, unless the context otherwise requires,
(a) !"o##ittee! eans a co ittee constituted under !rticle "#$%& ' (() !$i t%i"t! eans a district in a &tate'

eans an area having a population o* ten la+hs or ore, co prised in one or ore districts and consisting o* two or ore Municipalities or Pancha,ats or other contiguous areas, speci*ied (, the -overnor, (, pu(lic noti*ication, to (e a Metropolitan area *or the purposes o* this Part'
(() !M)ni"i&(' (%e(! -overnor' (c) !M)ni"i&('it*!

(a) )#et%o&o'it(n (%e()

eans the territorial area o* a Municipalit, as is noti*ied (, the eans an institution o* sel*%govern ent constituted under !rticle

"#$%. '
(a) P(n"+(*(t,

eans a Pancha,at constituted under !rticle "#$%/'

Constitutional Provisions Regarding Municipalities

"

(g) !&o&)'(tion! eans the population as ascertained at the last preceding census o* which the relevant *igures have (een pu(lished. 243--. Con tit)tion of M)ni"i&('itie .(1) 0here shall (e constituted in ever, &tate,
(a) a 1agar Pancha,at ((, whatever na e called) *or a transitional area, that is2 to sa,, an area in transition *ro a rural area to an ur(an area ' (() a Municipal Council *or a s aller ur(an area ' and (c) a Municipal Corporation *or a larger ur(an area, in accordance with the

provisions o* this Part 3 Provided that a Municipalit, under this clause a, not (e constituted in such ur(an area or part thereo* as the -overnor a,, having regard to the si4e o* the area and the unicipal services (eing provided or proposed to (e provided (, an industrial esta(lish ent in that area and such other *actors as he a, dee *it, (, pu(lic noti*ication, speci*, to (e an industrial township. (") In this article, "a transitional area', "a smaller urban area" or "a larger urban area" eans such area as the -overnor a,, having regard to the population o* the area, the densit, o* the population therein, the revenue generated *or local ad inistration, the percentage o* e plo, ent in non%agricultural activities, the econo ic i portance or such other *actors as he a, dee *it, speci*,, (, pu(lic noti*ication, *or the purposes o* this Part. 243-R Co#&o ition of M)ni"i&('itie . (1) &ave as provided in clause ("), all the seats in a Municipalit, shall (e *illed (, persons chosen (, direct election *ro the territorial constituencies in the Municipal area and *or this purpose, each Municipal area shall (e divided into territorial constituencies to (e +nown as wards. (") 0he 5egislature o* a &tate a,, (, law, provide (a) *or the representation in a Municipalit, o* (i) persons having special +nowledge or experience in Municipal ad inistration '

Constitutional Provisions Regarding Municipalities

e (ers o* the 6ouse o* the People and the e (ers o* the 5egislative !sse (l, o* the &tate representing constituencies which co prise wholl, or partl, the Municipal area'
(iii) the e (ers o* the Council o* &tates and e (ers o* the 5egislative Council o* the &tate registered as electors within the Municipal area' (ii) the Chairpersons o* the Co

(ii) the

ittees constituted under clause (7) o* !rticle

"#$%& 3 Provided that the persons re*erred to in paragraph (i) shall not have the right to vote in the eetings o* the Municipalit,' (() the anner o* election o* the Chairperson o* a Municipalit,. 243-S. Con tit)tion (n$ "o#&o ition of .(%$ Co##ittee / et". (1) 0here shall (e constituted 8ards Co ittees, consisting o* one or ore wards, within the territorial area o* Municipalit, having a population o* three la+hs or ore. (") 0he 5egislature o* a &tate
(() the

a,, (, law,

a+e provision with respect to ittee' ittee shall (e *illed.

(a) the co position and the territorial area o* a 8ards Co

anner in which the seats in a 8ards Co

($) ! e (er o* a Municipalit, representing a ward within the territorial area o* the 8ards Co ittee shall (e a e (er o* that Co ittee. (#) 8here a 8ards Co
(a) one ward, the (() two or

ittee consists o* e (er representing that ward in the Municipalit,' or

ore wards, one o* the e (ers representing such wards in the Municipalit, elected (, the e (ers o* the 8ards Co ittee, shall (e the Chairperson o* that Co ittee. (7) 1othing in this !rticle shall (e dee ed to prevent the 5egislature o* a &tate *ro a+ing an, provision *or the constitution o* Co ittees in addition to the 8ards Co ittees.

Constitutional Provisions Regarding Municipalities

243-T. Re e%0(tion of e(t . (1) &eats shall (e reserved *or the &cheduled Castes and the &cheduled 0ri(es in ever, Municipalit, and the nu (er o* seats so reserved shall (ear, as nearl, as a, (e, the sa e proportion to the total nu (er o* seats to (e *illed (, direct election in that Municipalit, as the population o* the &cheduled Castes in the Municipal area or o* the &cheduled 0ri(es in the Municipal area (ears to the total population o* that area and such seats a, (e allotted (, rotation to di**erent constituencies in a Municipalit,
(") 1ot less than one%third o* the total nu (er o* seats reserved under clause (1) shall

(e reserved *or wo en (elonging to the &chedule Castes or, as the case &cheduled 0ri(es.

a, (e, the

($) 1ot less than one%third (including the nu (er o* seats reserved *or wo en (elonging to the &cheduled Castes and &cheduled 0ri(es) o* the total nu (er o* seats to (e *illed (, direct election in ever, Municipalit, shall (e reserved *or wo en and such seats a, (e allotted (, rotation to di**erent constituencies in a Municipalit,. (#) 0he o**ices o* Chairpersons in the Municipalities shall (e reserved *or the &cheduled Castes, the &cheduled 0ri(es and wo en in such anner as the 5egislature o* a &tate a,, (, law, provide. (7) 0he reservation o* seats under clauses (1) and (") and the reservation o* o**ices o* Chairpersons (other than the reservation *or wo en) under clause (#) shall cease to have e**ect on the expiration o* the period speci*ied in !rticle $$#.

a+ing an, provision *or reservation o* seats in an, Municipalit, or o**ices o* Chairperson in the Municipalities in *avour o* (ac+ward class o* citi4ens. 243-U. D)%(tion of M)ni"i&('itie / et". (1) :ver, Municipalit,, unless sooner dissolved under an, law *or the ti e (eing in *orce, shall continue *or *ive ,ears *ro the date appointed *or its *irst eeting and no longer Provided that a Municipalit, shall (e given a reasona(le opportunit, o* (eing heard (e*ore its dissolution.

(9) 1othing in this Part shall prevent the 5egislature o* a &tate *ro

Constitutional Provisions Regarding Municipalities

(") 1o a end ent o* an, law *or the ti e (eing in *orce shall have the e**ect o* causing dissolution o* a Municipalit, at an, level, which is *unctioning i ediatel, (e*ore such a end ent, till expiration o* its duration speci*ied in clause (1). ($) !n election to constitute a Municipalit, shall (e co pleted%
(a) (e*ore the expir, o* its duration speci*ied in clause (1) ' (() (e*ore the expiration o* a period o* six

onths *ro

the date o* its dissolution 3

Provided that where the re ainder o* the period *or which the dissolved Municipalit, would have continued is less than six onths, it shall not (e necessar, to hold an, election under this clause *or constituting the Municipalit, *or such period. (#) ! Municipalit, constituted upon the dissolution o* a Municipalit, (e*ore the expiration o* its duration shall continue onl, *or the re ainder o* the period *or which the dissolved Municipalit, would have continued under clause (1) had it not (een so dissolved. 243%;. Di 1)('ifi"(tion of #e#2e% +i&. (I) ! person shall (e disquali*ied *or (eing chosen as, and *or (eing, a e (er o* a Municipalit, %
(a) i* he is so disquali*ied (, or under an, law *or the ti e (eing in *orce *or the

purposes o* elections to the 5egislature o* the &tate concerned3 Provided that no person shall (e disquali*ied on the ground that he is less than twent,%*ive ,ears o* age, i* he has attained the age o* twent,%one ,ears'
(a) i* he is so disquali*ied (, or under an, law

ade (, the 5egislature o* the &tate.

(") I* an, question arises as to whether a e (er o* a Municipalit, has (eco e su(<ect to an, o* the disquali*ications entioned in clause (1), the question shall (e re*erred *or the decision o* such authorit, and in such anner as the 5egislature o* a &tate a,, (, law, provide.

Constitutional Provisions Regarding Municipalities

243-.. Po3e% / ()t+o%it* (n$ %e &on i2i'it* of M)ni"i&('itie / et". &u(<ect to the provisions o* this Constitution, the 5egislature o* a &tate a,, (, law, endow (a) the Municipalities with such powers and authorit, as a, (e necessar, to ena(le the to *unction as institutions o* sel*%govern ent and such law a, contain provisions *or the devolution o* powers and responsi(ilities upon Municipalities, su(<ect to such conditions as a, (e speci*ied therein, with respect to%
(i) the preparation o* plans *or econo ic develop ent and social <ustice ' (i) the per*or ance o* *unctions and the i ple entation o* sche es as

entrusted to the

including those in relation to the

a=, (e atters listed in the 0wel*th &chedule.

(() the Co ittees with such powers and authorit, as a, (e necessar, to ena(le the to carr, out the responsi(ilities con*erred upon the including those in relation to the atters listed in the 0wel*th &chedule. 243-X. Po3e% to i#&o e t(4e 2*/ (n$ 5)n$ of/ t+e M)ni"i&('itie . 0he 5egislature o* a &tate a,, (, law,
(a) authorise a Municipalit, to lev,, collect and appropriate such taxes, duties, tolls

and *ees in accordance with such procedure and su(<ect to such li its '
(a) assign to a Municipalit, such taxes, duties, tolls and *ees levied and collected (,

the &tate -overn ent *or such purposes and su(<ect to such conditions and li its '
(() provide *or a+ing such grants%in%aid to the Municipalities *ro >und o* the &tate ' and (c) provide *or constitution o* such >unds *or crediting all

the Consolidated

one,s received, respectivel,, (, or on (ehal* o* the Municipalities and also *or the withdrawal o* such one,s there*ro , as a, (e speci*ied in the law. 243-6.5in(n"e Co ission. (1) 0he >inance Co "#$%I shall also review the *inancial position ission constituted under !rticle

Constitutional Provisions Regarding Municipalities

o* the Municipalities and

a+e reco

endations to the -overnor as to

(a) the principles which should govern

(i) the distri(ution (etween the &tate and the Municipalities o* the net proceeds

o* the taxes, duties, tolls and *ees levia(le (, the &tate, which a, (e divided (etween the under this Part and the allocation (etween the Municipalities at all levels o* their respective shares o* such proceeds'
(i) the deter ination o* the taxes, duties, tolls and *ees which to, or appropriated (,, the Municipalities ' (i)

a, (e assigned

the grants%in%aid to the Municipalities *ro

the Consolidated >und o* the

&tate' (() the easures needed to i prove the *inancial position o* the Municipalities ' ission (, the -overnor in the (c) an, other atter re*erred to the >inance Co interests o* sound *inance o* the Municipalities.

(") 0he -overnor shall cause ever, reco endation ade (, the Co ission under this !rticle together with an explanator, e orandu as to the action ta+en thereon to (e laid (e*ore the 5egislature o* the &tate. 243-7. A)$it of (""o)nt of M)ni"i&('itie . 0he 5egislature o* a &tate a,, (, law, a+e provisions with respect to the aintenance o* accounts (, the Municipalities and the auditing o* such accounts. 243-7A. E'e"tion to the Municipalities. (1) 0he superintendence, direction and control o* the preparation o* electoral rolls *or, and the conduct o*, all elections to the Municipalities shall (e vested in the &tate :lection Co ission re*erred to in !rticle "#$% @. (") &u(<ect to the provisions o* this Constitution, the 5egislature o* a &tate a,, (, law, a+e provision with respect to all atters relating to, or in connection with, elections to the Municipalities. 243-78. A&&'i"(tion to Union te%%ito%ie . 0he provisions o* this Part shall appl, to the Anion territories and shall, in their application

Constitutional Provisions Regarding Municipalities

to a Anion territor,, have e**ect as i* the re*erences to the -overnor o* a &tate were re*erences to the !d inistrator o* the Anion territor, appointed under !rticle "$C and re*erences to the 5egislature or the 5egislative !sse (l, o* a &tate were re*erences in relation to a Anion territor, having a 5egislative !sse (l,, to that 5egislative !sse (l, 3 Provided that the President a,, (, pu(lic noti*ication, direct that the provisions o* this Part shall appl, to an, Anion territor, or part thereo* su(<ect to such exceptions and odi*ications as he a, speci*, in the noti*ication. % 243-7C. P(%t not to (&&'* to "e%t(in (%e( . (1) 1othing in this Part shall appl, to the &cheduled !reas re*erred to in clause (1), and the tri(al areas re*erred to in clause ("), o* !rticle "##.
(") 1othing in this Part shall (e construed to a**ect the *unctions and powers o* the Dar<eeling -or+ha 6ill Council constituted under an, law *or the ti e (eing in *orce *or the hill areas o* the district o* Dar<eeling in the &tate o* 8est /engal. ($) 1otwithstanding an,thing in this Constitution, Parlia ent a,, (, law, extend the provisions o* this Part to the &cheduled !reas and the tri(al areas re*erred to in clause (1) su(<ect to such exceptions and odi*ications, as a, (e speci*ied in such law, and no such law shall (e dee ed to (e an a end ent o* this Constitution *or the purposes o* !rticle $9B. 243-7D. Co##ittee fo% $i t%i"t &'(nnin9. (1) 0here shall (e constituted in ever, &tate at the district level a District Planning Co ittee to consolidate the plans prepared (, the Pancha,ats and the Municipalities in the district and to prepare a dra*t develop ent plan *or the district as a whole.

(") 0he 5egislature o* a &tate a,, (, law, a+e provision with respect to (a) the co position o* the District Planning Co ittee '
(a) the

anner in which the seats in such Co

ittees shall e (ers o* such

(e *illed 3 Provided that not less than *our%*i*ths o* the total nu (er o* Co ittee shall (e elected (,, and *ro a ongst,

Constitutional Provisions Regarding Municipalities

the elected e (ers o* the Pancha,at at the district level and o* the Municipalities in the district in proportion to the ratio (etween the population o* the rural areas and o* the ur(an areas in the district ' Co
(c) the *unctions relating to district planning which ittees' (d) the

a, (e. assigned to such

anner in which the Chairpersons o* such Co ittees shall (e chosen. ($) :ver, District Planning Co ittee shall, in preparing the dra*t develop ent plan, (a) have regard to%
(i) atters o* co on interest (etween the Pancha,ats and the Municipalities including spatial planning, sharing o* water and other ph,sical and natural resources, the integrated develop ent o* in*rastructure and environ ental conservation ' (i) the extent and t,pe o* availa(le resources whether *inancial or otherwise '

(() consult such institutions and organisations as the -overnor speci*,.

a,, (, order,

(#) 0he Chairperson o* ever, District Planning Co ittee shall *orward the develop ent plan, as reco ended (, such Co ittee, to the -overn ent o* the &tate. 243-7E. Co##ittee fo% Met%o&o'it(n &'(nnin9. :1) 0hese shall (e constituted in ever, Metropolitan area, a Metropolitan Planning Co ittee to prepare a dra*t develop ent plan *or the Metropolitan area as a whole. % (") 0he 5egislature o* a &tate a,, (, law, a+e provision with respect to (a) the co position o* the Metropolitan Planning Co ittees' (a) the anner in which the seats in such Co ittees shall (e *illed Provided that not less than two%thirds o* the (,, and *ro a ongst, the elected e (ers e (ers o* such Co ittee shall (e elected

Constitutional Provisions Regarding Municipalities

1E

o* the Municipalities and Chairpersons o* the Pancha,ats in the Metropolitan area in proportion to the ratio (etween the population o* the Municipalities and o* the Pancha,ats in that area '
(c) the representation in such Co ittees o* the -overn ent o* India and the -overn ent o* the &tate and o* such organisations and institutions as a, (e dee ed necessar, *or carr,ing out the *unctions assigned to such Co ittees' (d) the *unctions relating to planning and coordination *or the Metropolitan area

which

a, (e assigned to such Co
(e) the

ittees ' ittees shall (e chosen.

anner in which the Chairperson o* such Co

($) :ver, Metropolitan Planning Co plan ,% (a) have regard to

ittee shall, in preparing the dra*t develop ent

(i) the plans prepared (, the Municipalities and the Pancha,ats in the Metropolitan area' (ii) atters o* co on interest (etween the Municipalities and the Pancha,ats, including co%ordinated spatial planning o* the area, sharing o* water and other ph,sical and natural resources, the integrated develop ent o* in*rastructure and environ ental conservation' (iii) the overall o(<ective and priorities set (, -overn ent o* India and the

-overn ent o* &tate'

(iv) the extent and nature o* invest ents li+el, to (e ade in the Metropolitan area (, agencies o* the -overn ent o* India and o* the -overn ent o* &tate and other availa(le resources whether *inancial or otherwise'

(() consult such institutions and organisations as the -overnor speci*,.

a,, (, order,

(#) 0he Chairperson o* ever, Metropolitan Planning Co ittee shall *orward the develop ent plan, as reco ended (, such Co ittee, to the -overn ent o* the &tate.

Constitutional Provisions Regarding Municipalities

11

243-75.-Contin)(n"e of e4i tin9 '(3 (n$ Municipalities.1otwithstanding an,thing in this Part, an, provision o* an, law relating to Municipalities in *orce in a &tate i ediatel, (e*ore the co ence ent o* the Constitution (&event,%*ourth ! end ent) !ct, 1CC", which is inconsistent with the provisions o* this Part, shall continue to (e in *orce until a ended or repealed (, a co petent 5egislature or other co petent authorit, or until the expiration o* one ,ear *ro such co ence ent, whichever is earlier 3 Provided that all the Municipalities existing i ediatel, (e*ore such co ence ent shall continue till the expiration o* their duration, unless sooner dissolved (, a resolution passed to that e**ect (, the 5egislative !sse (l, o* that &tate or, in the case o* a &tate having a 5egislative Council, (, each 6ouse o* the 5egislature o* that &tate. 243-7G. 8(% to inte%fe%en"e 2* Co)%t an,thing in this Constitution, in e'e"to%(' #(tte% . 1otwithstanding

(a) the validit, o* an, law relating to the deli itation o* constituencies or the

allot ent o* seats to such constituencies, ade or purporting to (e F! shall not (e called in question in an, Court ' petition presented to such authorit, ar,71..in such law ade (, the 5egislature o* a &tate. GGG GGG GGG

ade under !rticle "#$%

(() no election to an, Municipalit, shall (e called in question except (, an election

anner as is provided *or (, or under an, GGG

2;<. 5in(n"e Co##i ion (1) 0he President shall, within two ,ears *ro the co ence ent o* this Constitution and therea*ter at the expiration o* ever, *i*th ,ear or at such earlier ti e as the President considers necessar,, (, order constitute a >inance Co ission which shall consist o* a Chair an and *our other e (ers to (e appointed (, the President. (") Parlia ent a, (, law deter ine the quali*ications which shall (e requisite *or appoint ent as e (ers *o the Co ission and the anner in which the, shall (e selected.

Constitutional Provisions Regarding Municipalities

1"

($) It shall (e the dut, o* the Co to %

ission to

a+e reco

endations to the President as

(a) the distri(ution (etween the Anion and the &tates o* the net proceeds o* taxes which are to (e, or a, (e, divided (etween the under this Chapter and the allocation (etween the &tates o* the respective shares o* such proceeds ' % (() the principles which should goven the grants%in%aid o* the revenues o* the &tates

out o* the Consolidated >und o* India ' ((() the easures needed to aug ent the Consolidated >und o* a &tate to supple ent the resources o* the Pancha,ats in the &tate on the (asis o* the reco endations a+e (, the >inance Co ission o* the &tate'
(c) the easures needed to aug ent the Consolidated *iend o* a &tate to supple ent the resources o* the Municipalities in the &tate on the (asis o* the reco endations ade (, the >inance Co ission o* the &tate' (a) an, other sound *inance.

atter re*erred to the Co

ission (, the President in the interests o*

(#) 0he Co ission shall deter ine their procedure and shall have such powers in the per*or ance o* their *unctions as Parlia ent a, (, law con*er on the . 2;=. Re"o##en$(tion of t+e 5in(n"e Co##i ion. 0he President shall cause ever, reco dation ade (, the >inance Co ission under the provisions o* this Constitution together with an explanator, e orandu as to the action ta+en thereon to (e laid (e*ore each 6ouse o* Parlia ent.

Constitutional Provisions Regarding Municipalities

1$

T.EL5TH SCHEDULE (!rticle "#$%8) 1. ". $. #. 7. 9. ?. B. C. 1E. 11. 1". 1$. 1#. 17. 19. 1?. 1B. Ar(an planning including town planning. Regulation o* land%use and construction o* (uildings. Planning *or econo ic and social develop ent. Roads and (ridges. 8ater suppl, *or do estic, industrial and co ercial purposes. Pu(lic health, sanitation conservanc, and solid waste anage ent. >ire services3 Ar(an *orestr,, protection o* the environ ent and pro otion o* ecological aspects. &a*eguarding the interests o* wea+er sections o* societ,, including the handicapped and entall, retarded. &lu i prove ent and upgradation. Ar(an povert, alleviation. Provision o* ur(an a enities and *acilities such as par+s, garden, pla,grounds. Pro otion o* cultural, educational and aesthetic aspects. /urials and (urial grounds ' cre ations, cre ation grounds and electric cre atoriu s. Cattle ponds ' prevention o* cruelt, to ani als. ;ital statistics including registration o* (irths and deaths. Pu(lic a enities including street lighting, par+ing lots, (us stops and pu(lic conveniences. Regulation o* slaughter%houses and tanneries.

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