Chapter 37: URBAN LOCAL GOVERNMENT
PART IXA which has come into force on 1993 gives a
constitutional foundation to the local self-government units in urban areas.
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
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
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.
contains 18 items, e.g. Urban Planning, Regulation of Land Use, Roads and Bridges, Water Supply, Public Health, Fire Services, Urban Forestry, Slums,
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
Types of municipality:
panchayats [ for transitional areas]
council: for small urban area
corporation: for large urban areas.
All members of municipality shall
be directly elected by the people. Municipal area shall be
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
committees other than ward committee.
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
for distribution of net proceeds of taxes between state
in aid to municipality from state consolidated fund
of taxes that can be assigned to municipality
needed to improve their financial position
other matter referred by governor in matter of sound
finance of municipality
State legislature decides
composition, qualification and method of selection of
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.
District planning committees:
At district level in every state
there shall be a district planning committee for
plans of panchayats and municipalities. It also prepares
plan. The state legislature can decide composition of
manner of election of members and chairperson.
4/5th members shall be
elected by elected representatives of panchayats and
amongst themselves. Their ratio shall be the ratio of
rural and urban
population of the district.
Metropolitan planning committee:
At metropolitan area in every
state there shall be a metropolitan planning committee for
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
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
standing committees and commissioner. Council is a
legislative body elected by
the people. It also includes nominated people of special
experience. It’s headed by the mayor who is assisted
by deputy mayor. Compositions
of council and reservation matters are mentioned in the
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.
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:
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.
area committee: Fast developing town or a town
that doesn’t have all conditions
necessary for a municipality. It is notified by government
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.
area committee: It is created by separate act
of parliament. It can be elected
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
These are established by large enterprises. They
are administered by people
appointed by that enterprise from its own staff. Fully
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
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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