Constitutional Provisions Regarding Municipalities in India

8/13/2019 Constitutional Provisions Regarding Municipalities in India

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Constitutional Provisions Regarding Municipalities 1

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 coittee constituted under !rticle "#$%& '

() !$it%i"t!eans a district in a &tate'

(a) #et%o&o'it(n (%e( eans an area having a population o* ten la+hs or ore,

coprised in one or ore districts and consisting o* two or ore Municipalities or

Panchaats or other contiguous areas, speci*ied the -overnor, pulic noti*ication, to e

a Metropolitan area *or the purposes o* this Part'

() !M)ni"i&(' (%e(!eans the territorial area o* a Municipalit as is noti*ied the

-overnor'

(c) !M)ni"i&('it*!eans an institution o* sel*%governent constituted under !rticle

"#$% '

(a) P(n"+(*(t, eans a Panchaat constituted under !rticle "#$%/'


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Constitutional Provisions Regarding Municipalities "

(g) !&o&)'(tion!eans the population as ascertained at the last preceding census o*

which the relevant *igures have een pulished.

243-. Contit)tion of M)ni"i&('itie.(1) 0here shall e constituted in ever &tate,

(a) a agar Panchaat ( whatever nae called) *or a transitional area, that is2 to

sa, an area in transition *ro a rural area to an uran area '

() a Municipal Council *or a saller uran area ' and

(c) a Municipal Corporation *or a larger uran area, in accordance with the

provisions o* this Part 3

Provided that a Municipalit under this clause a not e constituted in such uran area orpart 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 estalishent in that area

and such other *actors as he a dee *it, pulic 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 adinistration, the

percentage o* eploent in non%agricultural activities, the econoic iportance or such

other *actors as he a dee *it, speci*, pulic noti*ication, *or the purposes o* this Part.

243-R Co#&oition 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 adinistration '


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(ii) the eers o* the 6ouse o* the People and the eers o* the 5egislative

!ssel o* the &tate representing constituencies which coprise wholl or partl the

Municipal area'

(iii) the eers o* the Council o* &tates and eers o* the 5egislative

Council o* the &tate registered as electors within the Municipal area'

(ii) the Chairpersons o* the Coittees 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. Contit)tion (n$ "o#&oition of (%$ Co##ittee/ et". (1) 0here shall e

constituted 8ards Coittees, 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 a, law, a+e provision with respect to

(a) the coposition and the territorial area o* a 8ards Coittee'

() the anner in which the seats in a 8ards Coittee shall e *illed.

($) ! eer o* a Municipalit representing a ward within the territorial area o* the

8ards Coittee shall e a eer o* that Coittee.

(#) 8here a 8ards Coittee consists o*

(a) one ward, the eer representing that ward in the Municipalit' or

() two or ore wards, one o* the eers representing such wards in the

Municipalit elected the eers o* the 8ards Coittee, shall e the Chairperson o*

that Coittee.

(7) othing in this !rticle shall e deeed to prevent the 5egislature o* a &tate *ro

a+ing an provision *or the constitution o* Coittees in addition to the 8ards

Coittees.


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Constitutional Provisions Regarding Municipalities #

243-T. Ree%0(tion of e(t. (1) &eats shall e reserved *or the &cheduled Castes and

the &cheduled 0ries in ever Municipalit and the nuer o* seats so reserved shall ear,

as nearl as a e, the sae proportion to the total nuer 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 0ries 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

(") ot less than one%third o* the total nuer o* seats reserved under clause (1) shall

e reserved *or woen elonging to the &chedule Castes or, as the case a e, the

&cheduled 0ries.

($) ot less than one%third (including the nuer o* seats reserved *or woen

elonging to the &cheduled Castes and &cheduled 0ries) o* the total nuer o* seats to e

*illed direct election in ever Municipalit shall e reserved *or woen 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 0ries and woen 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 woen) under clause (#) shall cease to have

e**ect on the expiration o* the period speci*ied in !rticle $$#.

(9) othing in this Part shall prevent the 5egislature o* a &tate *ro 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 tie 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 reasonale opportunit o* eing heard

e*ore its dissolution.


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(") o aendent o* an law *or the tie eing in *orce shall have the e**ect o*

causing dissolution o* a Municipalit at an level, which is *unctioning iediatel e*ore

such aendent, till expiration o* its duration speci*ied in clause (1).

($) !n election to constitute a Municipalit shall e copleted%

(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 reainder o* the period *or which the dissolved Municipalitwould 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 reainder o* the period *or which the

dissolved Municipalit would have continued under clause (1) had it not een so dissolved.

243%;. Di1)('ifi"(tion of #e#e%+i&.(I) ! person shall e disquali*ied *or eing

chosen as, and *or eing, a eer o* a Municipalit %

(a) i* he is so disquali*ied or under an law *or the tie 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 eer o* a Municipalit has ecoe su


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243-. Poe%/ ()t+o%it* (n$ %e&onii'it* of M)ni"i&('itie/ et".&uund o* the &tate ' and

(c) provide *or constitution o* such >unds *or crediting all ones received,

respectivel, or on ehal* o* the Municipalities and also *or the withdrawal o* such

ones there*ro,

as a e speci*ied in the law.

243-6.5in(n"e Coission. (1) 0he >inance Coission constituted under !rticle

"#$%I shall also review the *inancial position


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Constitutional Provisions Regarding Municipalities ?

o* the Municipalities and a+e recoendations to the -overnor as to

(a) the principles which should govern

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

o* the taxes, duties, tolls and *ees leviale 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 deterination o* the taxes, duties, tolls and *ees which a e assigned

to, or appropriated , the Municipalities '

(i) the grants%in%aid to the Municipalities *ro the Consolidated >und o* the

&tate'

() the easures needed to iprove the *inancial position o* the Municipalities '

(c) an other atter re*erred to the >inance Coission the -overnor in the

interests o* sound *inance o* the Municipalities.

(") 0he -overnor shall cause ever recoendation ade the Coission under

this !rticle together with an explanator eorandu as to the action ta+en thereon to elaid 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 Coission re*erred to in !rticle "#$%

@.

(") &u


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Constitutional Provisions Regarding Municipalities B

to a Anion territor, have e**ect as i* the re*erences to the -overnor o* a &tate were re*erences

to the !dinistrator o* the Anion territor appointed under !rticle "$ and re*erences to the

5egislature or the 5egislative !ssel o* a &tate were re*erences in relation to a Anion

territor having a 5egislative !ssel, to that 5egislative !ssel 3

Provided that the President a, pulic noti*ication, direct that the provisions o* this

Part shall appl to an Anion territor or part thereo* su


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Constitutional Provisions Regarding Municipalities

the elected eers o* the Panchaat 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 uran

areas in the district '

(c) the *unctions relating to district planning which a e. assigned to such

Coittees'

(d) the anner in which the Chairpersons o* such Coittees shall e chosen.

($) :ver District Planning Coittee shall, in preparing the dra*t developent plan,

(a) have regard to%

(i) atters o* coon interest etween the Panchaats and the Municipalities

including spatial planning, sharing o* water and other phsical and natural resources, the

integrated developent o* in*rastructure and environental conservation '

(i) the extent and tpe o* availale resources whether *inancial or otherwise '

() consult such institutions and organisations as the -overnor a, order,

speci*.(#) 0he Chairperson o* ever District Planning Coittee shall *orward the

developent plan, as recoended such Coittee, to the -overnent 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 Coittee to prepare a dra*t developent

plan *or the Metropolitan area as a whole. %

(") 0he 5egislature o* a &tate a, law, a+e provision with respect to

(a) the coposition o* the Metropolitan Planning Coittees'

(a) the anner in which the seats in such Coittees shall e *illed

Provided that not less than two%thirds o* the eers o* such Coittee shall e elected, and *ro aongst, the elected eers


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o* the Municipalities and Chairpersons o* the Panchaats in the Metropolitan area in

proportion to the ratio etween the population o* the Municipalities and o* the Panchaats in

that area '

(c) the representation in such Coittees o* the -overnent o* India and the

-overnent o* the &tate and o* such organisations and institutions as a e deeed

necessar *or carring out the *unctions assigned to such Coittees'

(d) the *unctions relating to planning and coordination *or the Metropolitan area

which a e assigned to such Coittees '

(e) the anner in which the Chairperson o* such Coittees shall e chosen.

($) :ver Metropolitan Planning Coittee shall, in preparing the dra*t developent

plan ,%

(a) have regard to

(i) the plans prepared the Municipalities and the Panchaats in the

Metropolitan area'

(ii) atters o* coon interest etween the Municipalities and the Panchaats,

including co%ordinated spatial planning o* the area, sharing o* water and other phsical and

natural resources, the integrated developent o* in*rastructure and environental

conservation'

(iii) the overall o


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243-75.-Contin)(n"e of eitin9 '( (n$ Municipalities.otwithstanding anthing

in this Part, an provision o* an law relating to Municipalities in *orce in a &tate

iediatel e*ore the coenceent o* the Constitution (&event%*ourth !endent)

!ct, 1", which is inconsistent with the provisions o* this Part, shall continue to e in *orce

until aended or repealed a copetent 5egislature or other copetent authorit or until

the expiration o* one ear *ro such coenceent, whichever is earlier 3

Provided that all the Municipalities existing iediatel e*ore such coenceent

shall continue till the expiration o* their duration, unless sooner dissolved a resolution

passed to that e**ect the 5egislative !ssel o* that &tate or, in the case o* a &tatehaving a 5egislative Council, each 6ouse o* the 5egislature o* that &tate.

243-7G. 8(% to inte%fe%en"e * Co)%t in e'e"to%(' #(tte%.otwithstanding

anthing in this Constitution,

(a) the validit o* an law relating to the deliitation o* constituencies or the

allotent o* seats to such constituencies, ade or purporting to e ade under !rticle "#$%

F! shall not e called in question in an Court '

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

petition presented to such authorit ar,71..in such anner as is provided *or or under an

law ade the 5egislature o* a &tate.

GGG GGG GGG GGG

2;


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($) It shall e the dut o* the Coission to a+e recoendations to the President as

to %

(a) the distriution 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 augent the Consolidated >und o* a &tate to

suppleent the resources o* the Panchaats in the &tate on the asis o* the recoendations

a+e the >inance Coission o* the &tate'

(c) the easures needed to augent the Consolidated *iend o* a &tate to suppleent

the resources o* the Municipalities in the &tate on the asis o* the recoendations ade

the >inance Coission o* the &tate'

(a) an other atter re*erred to the Coission the President in the interests o*

sound *inance.

(#) 0he Coission shall deterine their procedure and shall have such powers in theper*orance o* their *unctions as Parliaent a law con*er on the.

2;=. Re"o##en$(tion of t+e 5in(n"e Co##iion. 0he President shall cause ever

recodation ade the >inance Coission under the provisions o* this Constitution

together with an explanator eorandu as to the action ta+en thereon to e laid e*ore

each 6ouse o* Parliaent.


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TEL5TH SCHEDULE

(!rticle "#$%8)

1. Aran planning including town planning.

". Regulation o* land%use and construction o* uildings.

$. Planning *or econoic and social developent.

#. Roads and ridges.

7. 8ater suppl *or doestic, industrial and coercial purposes.

9. Pulic health, sanitation conservanc and solid waste

anageent.

?. >ire services3

B. Aran *orestr, protection o* the environent and prootion

o* ecological aspects.

. &a*eguarding the interests o* wea+er sections o* societ,

including the handicapped and entall retarded.

1E. &lu iproveent and upgradation.

11. Aran povert alleviation.

1". Provision o* uran aenities and *acilities such as par+s, garden,

plagrounds.

1$. Prootion o* cultural, educational and aesthetic aspects.

1#. /urials and urial grounds ' creations, creation grounds and

electric creatorius.

17. Cattle ponds ' prevention o* cruelt to anials.

19. ;ital statistics including registration o* irths and deaths.

1?. Pulic aenities including street lighting, par+ing lots, us stops

and pulic conveniences.

1B. Regulation o* slaughter%houses and tanneries.

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Constitutional Provisions Regarding Municipalities in India

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