Urban Local Bodies

Indian Polity Panchayati Raj Instiutions

Urban Local Bodies

The 74th amendment act 1992

The Amendment Act has introduced a new Part IX A into the Constitution, which deals with the administration of the Municipalities.

The Amendment envisages constitution of a

(i) Nagar Panchayat in semi urban areas

(ii) Municipal council for smaller urban areas

(iii) Municipal Corporation for larger urban area.

All the seats in a Municipality shall be filled by direct election from territorial constituencies in a Municipality. Ward Committees consisting of one or more wards would be consisted in a Municipality having 3 lakhs or more of population.

According to the proportion of the SC/ST population, seats are to be reserved for the Scheduled Castes/Tribes in every Municipality and one third of these seats would go to SC/ST women. 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.

The officers of Chairperson 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.

Every Municipality shall have a term five years and every municipality shall be given a reasonable opportunity to be heard before its dissolution. An election to constitute a Municipality should be completed well before the expiry of the duration of five years and in case of dissolution before five years term, within six months of date of dissolution.

A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been dissolved. 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 he 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 such as town planning, regulation of land use, roads, water supply, sanitation, fire services, urban forestry, slum improvement, poverty alleviation, provision of facilities such as parks, gardens and playgrounds, burial grounds, cattle ponds, registration of birth/deaths, street lighting etc.

(b) The Committees with such powers and authority as May the necessary to enable them to carry out the responsibilities conferred upon them including those/in relation to the matters listed in the Twelfth Schedule.

The Legislature of a State may, by law, -

(a) Authorize a Municipality to levy, collect and appropriate such taxes, duties, tools 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 purpose and subject to such conditions and limits;

(d) Provide for constitution of such Funds for crediting all money received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from, as any be specified in the law.

The 74th Amendment also envisages the setting up of Committees for District Planning to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

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 organizations as the Governor may, by order, specify.

The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

Part IX-A of the Constitution also envisages the setting up of Metropolitan Planning Committees in every Metropolitan area to prepare a draft development plan for the Metropolitan area as a whole.

“Metropolitan area” has been defined as 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 Governor by public notification to be Metropolitan area for the purpose of this part. 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- ordinates 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 the 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 organizations as the Governor may, by order, specify.

The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

Delegation of Power and Devolution of Power

Delegation of Power

Devolution of Power

(1) It is outside the constitutional provision.

eg. Parliament delegates legislative power to executive to frame and regulation for the enforcement of law made by legislature

(1) It takes place under the provision of the Constitution.

eg. 73^rd & 74^th amendment act devoluted the power to local bodies.

(2) The delegate authority can take back the delegated authority at will.

eg. Parliament can take back delegated power at will

(2) It can be taken back through an amendment act.

(3) Delegate neither transfers his final authority nor abdicates his ultimate responsibility.

(3) Both authority and responsibility are devoluted.

Articles related to Municipalities at a Glance

Sr. No.

Article

Subject Matter

243P

Definition

243Q

Constitution of Municipalities

243R

Composition of Municipalities

243S

Constitution and composition of ward committees and sion

243T

Reservation of seats

243U

Duration of Municipalities

243V

Disqualification for membership

243W

Powers, authority and responsibility of municipalities

243X

Powers to impose taxes

10.

243Y

Finance Commission

11.

243Z

Audit and Account

12.

243ZA

Elections

243ZB

Application to UT’s

14.

243ZC

Part not to apply certain areas

15.

243ZD

Committee for district planning

16.

243ZE

Committee for metropolitan planning

17.

243ZF

Continuance of existing laws and municipalities

18.

243ZG

Bar to inference by courts in electoral matters

Key Terms

Ward Committees: Created for the purposes of election to the Municipalities; constituted of one or more wards having 3 lakh or more of the population.

Twelfth Schedule: Inserted by the 74^th. Constitutional Amendment regarding the Urban local self Government thereby, clothing them with a constitutional status & mandate too.

District Planning committees: Committees constituted under the 74^th.Amendment for consolidating the plans prepared by the Panchyats as well as the Municipalities in a particular district such that a draft development plan can be prepared for the district as a whole.

Metropolitan Planning Committees: The envisaged committees to be constituted under the 74^th.Amendment for every metropolitan area.

Metropolitan Area: Areas having a population of ten lakhs or more in a state that might encompass one or more districts and two or more municipalities or other adjacent areas, as the Governor of a State may decide, specify and notify.