PART IXA which has come into force on 1993 gives a constitutional foundation to the local self-government units in urban areas.
In fact such institutions are in existence all over the country.
Some of the provisions are similar to those contained in Part IX, e.g. Reservation of Seats, Finance Commission, Election Commission etc.
This part gives birth to two types of bodies: (i) Institutions of self-government and (ii) Institutions for planning
Institutions of self-government, called by a general name "municipalities" are of three types: (a) Nagar Panchayat, for a transitional area, i.e. an area which is being transformed from a rural area to an urban area. (b) Municipal Council for a smaller urban area. (c) Municipal Corporanon for a larger urban area.
Article 243Q makes it obligatory for every State to constitute such units.
But if there is an urban area or part of it where municipal services are being provided or proposed to be provided by an industrial establishment in that area then considering also the size of the area and other factors the Governor may specify it to be an industrial township.
For such an area it is not mandatory to constitute a Municipality.
Legislatures of States have been conferred the power [Art. 243W] to confer on the Municipalities all such powers and and responsibilities necessary for them to as institutions of self-government
It has specifically been mentioned that they may be given the responsibility of (a) preparation of plans for economic development and social Justice. (b) implementation of schemes as may be entrusted to them, and (c) in regard to matters listed in the 12th schedule.
This schedule contains 18 items, e.g. Urban Planning, Regulation of Land Use, Roads and Bridges, Water Supply, Public Health, Fire Services, Urban Forestry, Slums, etc.
A State Legislature may by law authorise a Municipality to levy, collect and appropriate taxes, duties, tolls etc.
The law may lay down the limits and prescribe the procedure to be followed. It can also assign to a Municipality various taxes, duties etc. collected by the State Government, Grants-in-aid may be given to the MUnicipalities, from the Consolidated Fund of the State.
This part adds one more function to the duties cast on the Finance Commission appointed by the President.
The Commission will make recommendations to the in regard to the measures needed to augment under the Consolidated Fund of a State to supplement the resources of the Municipalities in the State
74th amendment of the
constitution added the 12th schedule on urban local
government. This schedule
being justifiable makes it obligatory for state
governments to have these. 18
functional items have been placed in the purview of
municipalities.
1. Nagar panchayats [ for transitional areas]
2. municipal council: for small urban area
3.
Municipal
corporation: for large urban areas.
All members of municipality shall
be directly elected by the people. Municipal area shall be
divided into
wards. State
government can make
provision for manner of election for head of municipality.
It may provide
representation in the municipality for people of special
knowledge, MP / MLA of
Lok Sabha Rajya Sabha or state legislative assembly and
council.
Chairperson of committees other than ward committee. A ward committee shall be formed of two or more wards having population of 3 lakh or more. State govt can specify how these ward committees shall be filled. State govt can also make other committees.
Reservation for SC/ST [in proportion to their population] and women [1/3rd] must be made at all municipalities and also in post of chairpersons. Reservation for backward caste [in municipality and also in post of chairpersons] may be made.
Duration: All municipalities shall have 5 year term. But it can be dissolved earlier too. elections must be held within 6 months of dissolution but new municipality shall be in power only for remainder of term of original municipality had it not been dissolved. Also re-elections not needed if the period of power is less than 6 months
Qualifications: he should be above 21 yrs. he shouldn’t be disqualified from participating in elections by any law of centre or state.
State election commission shall be created with an election commissioner appointed by the governor. However he can be removed by following procedure for removal of state high court judge. SEC shall handle preparation of electoral rolls and conduction of elections.
State legislature can endow the municipality system with powers and duties as may be necessary to enable them to function as institutions of self government.
State finance commission shall be appointed by the governor every 5 years to decide
a. Principle for distribution of net proceeds of taxes between state and municipality.
b. grants in aid to municipality from state consolidated fund
c. determination of taxes that can be assigned to municipality
d. measures needed to improve their financial position
e. any other matter referred by governor in matter of sound finance of municipality
State legislature decides composition, qualification and method of selection of personnel. Governor places the report and action taken report to the house.
Audits and accounting principles shall be laid by the state legislatures.
President may direct application of this amendment to UT’s with modification or exceptions.
Act doesn’t apply to hill areas of Darjeeling; scheduled areas and tribal areas of state.
Courts are barred from interference in electoral matters.
At district level in every state
there shall be a district planning committee for
consolidating development
plans of panchayats and municipalities. It also prepares
draft development
plan. The state legislature can decide composition of
committee, functions,
manner of election of members and chairperson.
4/5th members shall be elected by elected representatives of panchayats and municipalities from amongst themselves. Their ratio shall be the ratio of rural and urban population of the district.
At metropolitan area in every
state there shall be a metropolitan planning committee for
preparing draft
development plan. The state legislature can decide
composition of committee,
functions, manner of election of members and chairperson
and representation of centre,
state govt and other organisations in it.
2/3rd members shall be elected by
elected representatives of municipalities and chairpersons
of panchayats in the
area of the metropolitan region from amongst themselves.
Their ratio shall be
the ratio of rural and urban population of the district.
Types of urban governments:
The transitional area, small urban area or large urban area is specified by the governor by a public notification.
A. Municipal Corporation: these are established in states by acts of state legislatures and in UT’s but acts of Parliament. There can be one act for all corporations or separate acts for individual. Each corporation has three organs: council, standing committees and commissioner. Council is a legislative body elected by the people. It also includes nominated people of special knowledge or experience. It’s headed by the mayor who is assisted by deputy mayor. Compositions of council and reservation matters are mentioned in the constitution. standing committees are created to facilitate working of council and take decisions in own sphere viz. health, education etc. commissioner is the chief executive officer of the corporation and is responsible for implementation of decisions of council and standing committees.
B. Municipality: these are established in states by acts of state legislatures and in UT’s by acts of Parliament. There can be one act for all Municipality or separate acts for individual. Each Municipality has three organs: council, standing committees and chief executive officer. Council is a legislative body elected by the people. It also includes nominated people of special knowledge or experience. It’s headed by the president/chairman who is assisted by vice president or vice chairman. Unlike the mayor a president has executive powers too. Compositions of council and reservation matters are mentioned in the constitution. standing committees are created to facilitate working of council and take decisions in own sphere viz. health, education etc. chief executive officer of the Municipality is responsible for implementation of decisions of council and standing committees.
C. Notified area committee: Fast developing town or a town that doesn’t have all conditions necessary for a municipality. It is notified by government gazette. Provisions of state municipality act which apply to it are mentioned in the gazette. All members [including chairman] are nominated. It’s neither statutory nor elected.
D. Town area committee: It is created by separate act of parliament. It can be elected or nominated.
E. Cantonment board: for administration of a civilian population in a cantonment area [an area where military troops are permanently situated]. Established by a central legislation. It has partly elected and partly nominated members.
F. Township: These are established by large enterprises. They are administered by people appointed by that enterprise from its own staff. Fully nominated body.
G. Port trust: created by central act to manage and protect ports and provide basic civic amenities there. It has elected and nominated members but chairman is official.
H. Special purpose agency: These are created by act of state legislature or executive order of department. They are function specific and carry out the function in the specified area independent of civic bodies.
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