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An Act further to amend the
Constitution of India.
BE it enacted by Parliament
in the Forty-third Year of the Republic of
India as follows:-
1. Short
title and commencement.-(1) This Act may be called the
Constitution (Seventy-third Amendment) Act, 1992.
(2) It
shall come into force on such date_680 as
the Central
Government may, by notification in the Official Gazette, appoint.
2.
Insertion of new Part IX.- After Part VIII of the Constitution,
the following Part shall be inserted, namely:-
PART IX
THE PANCHAYATS
243. Definitions.- In this Part, unless the
context otherwise
requires,-
(a) "district"
means a district in a State;
(b) "Gram
Sabha" means a body consisting of persons registered in
the electoral rolls relating to a village comprised within the area of
Panchayat at the village level;
(c)
"Intermediate level" means a level between
the village and
district levels specified by the Governor of a State
by public
notification to be the intermediate level for the purposes of this
Part;
(d)
"Panchayat" means an institution (by whatever name
called) of
self-government constituted under article 243B, for the rural areas;
(e) "Panchayat
area" means the territorial area of a Panchayat;
(f)
"population" means the population as ascertained at
the last
preceding census of which the relevant figures have been published;
(g)
"village" means a village specified by the Governor by
public
notification to be a village for the purposes of this
Part and
includes a group of villages so specified.
243A.
Gram Sabha.- A Gram Sabha may exercise such powers and
perform such functions at the village level as the Legislature of a
State may, by law, provide.
243B.
Constitution of Panchayats.- (1) There shall be constituted in
every State, Panchayats at the village, intermediate and
district
levels in accordance with the provisions of this Part.
(2)
Notwithstanding anything in clause (1), Panchayats at the in-termediate level may not be constituted in a State having a population
not exceeding twenty lakhs.
243C.
Composition of Panchayats.- (1) Subject to the provisions of
this Part, the Legislature of a State may, by law, make provisions
with respect to the composition of Pancayats:
Provided that the ratio
between the population of the territorial area
of a Panchayat at any level and the number of seats in such Panchayat
to be filled by election shall, so far as practicable, be the same
throughout the State.
(2) All the seats in
a Panchayat shall be filled by persons chosen by
direct election from territorial constituencies in the Panchayat area
and; for this purpose, each Panchayat area shall be divided
into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the Panchayat
area.
(3) The
Legislature of a State may, by law, provide for the re-
presentation-
(a) of the Chairpersons of
the Panchayats at the village level, in the
Panchayats at the intermediate level or, in the case of a State not
having Panchayats at the intermediate level, in the Pancayats at the
district level;
(b) of the
Chairpersons of the Panchayats at the intermediate level,
in the Panchayats at the district level;
(c) of 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 a Panchayat area at a level other than the
village level, in such Panchayat;
(d) of the
members of the Council of States and the members of the
Legislative Council of the State, where they are
registered as
electors within-
(i) a Panchayat
area at the intermediate level, in Panchayat at the
intermediate level;
(ii) a
Panchayat area at the district level, in Panchayat at the
district level.
(4) The
Chairperson of a Panchayat and other members of a Panchayat
whether or not chosen by direct
election from territorial
constituencies in the Panchayat area shall have the right to vote in
the meetings of the Panchayats.
(5) The Chairperson of -
(a) a Panchayat at
the village level shall be elected in such manner
as the Legislature of a State may, by law, provide; and
(b) a Panchayat at
the intermediate level or district level shall be
elected by, and from amongst, the elected members thereof.
243D. Reservation of
seats.- (1) Seats shall be reserved for-
(a) the Scheduled
Castes; and
(b) the Scheduled Tribes,
in every Panchayat
and the number of seats of 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 Panchayat as the population of
the Scheduled Castes in that Panchayat area or of the Scheduled Tribes
in that Panchayat area bears to the total population of that area and
such seats may be allotted by rotation to different constituencies in
a Panchayat.
(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
Panchayat shall be reserved for women and such seats may be allotted
by rotation to different constituencies in a Panchayat.
(4) The offices of
the Chairpersons in the Panchayats at the village
or any other level 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:
Provided that the
number of offices of Chairpersons reserved for the
Scheduled Castes and the Scheduled Tribes in the Panchayats at each
level in any State shall bear, as nearly as may
be, the same
proportion to the total number of such offices in the Panchayats at
each level as the population of the Scheduled Castes in the State or
of the Scheduled Tribes in the State bears to the total population of
the State:
Provided further that
not less than one-third of the total number of
offices of Chairpersons in the Panchayats at each level
shall be
reserved for women:
Provided also
that the number of offices reserved under this clause
shall be allotted by rotation to different Panchayats at each level.
(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 Panchayat
or
offices of Chairpersons in the Panchayats at any level in favour of
backward class of citizens.
243E.
Duration of Panchayats, etc.- (1) Every Panchayat, 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.
(2) No amendment of any law
for the time being in force shall have the
effect of causing dissolution of a Panchayat 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 Panchayat 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 Panchayat would have continued is less than six months, it
shall not be necessary to hold any election under this clause
for
constituting the Panchayat for such period.
(4) A Panchayat constituted
upon the dissolution of a Panchayat before
the expiration of its duration shall continue only for the remainder
of the period for which the dissolved Panchayat would have continued
under clause (1) had it not been so dissolved.
243F.
Disqualifications for membership.-(1) A person
shall be
disqualified for being chosen as, and for being, a
member of a
Panchayat-
(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 Panchayat 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.
243G. Powers,
authority and responsibilities of Panchayats.- Subject
to the provisions of this Constitution, the Legislature of a State
may, by law, endow the Panchayats 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 Panchayats at the
appropriate
level, subject to such conditions as may be specified therein, with
respect to-
(a) the
preparation of plans for economic development and social
justice;
(b) the
implementation of schemes for economic development and social
justice as may be entrusted to them including those in relation to the
matters listed in the Eleventh Schedule.
243H.
Powers to impose taxes by, and Funds of, the Panchayats.-The
Legislature of a State may, by law,-
(a) authorise a Panchayat
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
Panchayat 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 Panchayats 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 Panchayats and also for
the withdrawal of such moneys therefrom, as may be specified in the
law.
243-I.
Constitution of Finance Commission to review
financial
position.-(1) The Governor of a State shall, as soon as may be within
one year from the commencement of the Constitution
(Seventy-third
Amendment) Act, 1992, and thereafter at the expiration of every fifth
year, constitute a Finance Commission to review the financial position
of the Panchayats and to make recommendations to the Governor as to-
(a) the principles which
should govern-
(i) the distribution
between the State and the Panchayats 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 Panchayats 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 Panchayat;
(iii) the
grants-in-aid to the Panchayats from the Consolidated Fund
of the State;
(b) the
measures needed to improve the financial position of the
Panchayats;
(c) any
other matter referred to the Finance Commission by the
Governor in the interests of sound finance of the Panchayats.
(2) The
Legislature of a State may, by law,
provide for the
composition of the commission, the qualifications which
shall be
requisite for appointment as members thereof and the manner in which
they shall be selected.
(3) The Commission shall
determine their procedure and shall have such
powers in the performance of their functions as the Legislature of the
State may, by law, confer on them.
(4) 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.
243J.
Audit of accounts of Panchayats.- The Legislature of a State
may, by law, make provisions with respect to the
maintenance of
accounts by the Panchayats and the auditing of such accounts.
243K. Elections to
the Panchayats.-(1) The superintendence, direction
and control of the preparation of electoral rolls for, and the conduct
of, all elections to the Panchayats shall be vested in
a State
Election Commission consisting of a State Election Commissioner to be
appointed by the Governor.
(2) Subject to the
provisions of any law made by the Legislature of a
State, the conditions of service and tenure of office of the State
Election Commissioner shall be such as the Governor may by rule de-termine:
Provided that
the State Election Commissioner shall not be removed
from his office except in like manner and on the like grounds as a
Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his
appointment.
(3) The
Governor of a State shall, when so requested by the State
Election Commission, make available to the State Election Commission
such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1).
(4) Subject to the
provisions of this Constitution, the Legislature of
a State may, by law, make provision with respect to all matters re-lating to, or in connection with, elections to the Panchayats.
243L.
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 subject to such exceptions and modifications as he may specify
in the notification.
243M.
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 areas referred to in clause (2), of article 244.
(2) Nothing in this Part
shall apply to-
(a) the States of Nagaland,
Meghalaya and Mizoram;
(b) the Hill Areas in the
State of Manipur for which District Councils
exist under any law for the time being in force.
(3) Nothing in this Part-
(a) relating to
Panchayats at the district level shall apply to the
hill areas of the District of Darjeeling in the State of West Bengal
for which Darjeeling Gorkha Hill Council exists under any law for the
time being in force;
(b) shall
be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under such law.
(4) Notwithstanding
anything in this Constitution,-
(a) the Legislature of a
State referred to in sub-clause (a) of clause
(2) may, by law, extend this Part to that State, except the areas, if
any, referred to in clause (1), if the Legislative Assembly of that
State passes a resolution to that effect by a majority of the total
membership of that House and by a majority of not less than two-thirds
of the members of that House present and voting;
(b) 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.
243N.
Continuance of existing laws and Panchayats.-Notwithstanding
anything in this Part, any provision of any law relating to Panchayats
in force in a State immediately before the
commencement of the
Constitution (Seventy-third 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 Panchayats 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.
243-O.
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 243K, shall not be called in
question in any court;
(b) no election to any
Panchayat 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.'.
Constitution, after
sub-clause (b), the following sub-clause shall be
inserted, namely:-
"(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;".
Constitution, the following
Schedule shall be added, namely:-
ELEVENTH SCHEDULE
(Article 243G)
1. Agriculture,
including agricultural extension.
2.
Land improvement, implementation land reforms, land consolidation and soil conservation.
3. Minor irrigation,
water management and watershed development.
4. Animal husbandry,
dairying and poultry.
5. Fisheries.
6. Social forestry
and farm forestry.
7. Minor forest
produce.
8. Small scale
industries, including food processing industries.
9. Khadi, village and
cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional
energy sources.
16. Poverty
alleviation programme.
17. Education,
including primary and secondary schools.
18. Technical
training and vocational education.
19. Adult and
non-formal education.
20. Libraries.
21. Cultural
activities.
22. Markets and
fairs.
23. Health
and sanitation, including hospitals, primary health centres and dispensaries.
24. Family welfare.
25. Women and child
development.
26. Social welfare,
including welfare of the handicapped and mentally retarded.
27. Welfare
of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
28. Public
distribution system.
29. Maintenance of
community assets.
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-third Year of the Republic of
India as follows:-
1. Short title and commencement.-(1) This Act may be called the
Constitution (Seventy-fourth Amendment) Act, 1992.
(2) It shall come into force on such date_681 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Insertion of new Part IXA.-After Part IX of the Constitution, the
following Part shall be inserted, namely:-
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 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.
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.
(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 Municipally 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 Sche-
duled 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 officers 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 Muni-
cipality 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.
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:
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.
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;
(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
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.
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.
(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 subject 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 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.
243ZD. Committee for district planning.-(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
Municipalitiies 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
mambers 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.-(I) 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.
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.
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.'.
3. Amendment of article 280.- In clause (3) of article 280 of the
Constitution, sub-clause (c) shall be relettered as sub-clause (d) and
before sub-clause (d) as so relettered, the following sub-clause shall
be inserted, namely:-
"(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;".
4. Addition of Twelfth Schedule.-After the Eleventh Schedule to the
Constitution, the following Schedule shall be added, namely:-
TWELFTH SCHEDULE
(Article 243W)
1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste manage-
ment.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of
ecological aspects.
9. Safeguarding the interests of weaker sections of society,
including the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks,
gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds and
electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus
stops and public conveniences.
18. Regulation of slaughter houses and tanneries.
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