Constitution of India/Part IXA

Constitution of India
The Government of India
Part IXA The Municipalities

 1Article 243P {Definitions}

 2Article 243Q {Constitution of Municipalities}
 3Article 243R {Composition of Municipalities}
 4Article 243S {Constitution and composition of Wards Committees, etc.}
 5Article 243T {Reservation of seats}
 6Article 243U {Duration of Municipalities, etc.}
 7Article 243V {Disqualifications for membership}
 8Article 243W {Powers, authority and responsibilities of Municipalities etc.}
 9Article 243X {Power to impose taxes by, and Funds of, the Municipalities}
 10Article 243Y {Finance Commission}
 11Article 243Z {Audit of accounts of Municipalities}
 12Article 243ZA {Elections to the Municipalities}
 13Article 243ZB {Application to Union territories}
 14Article 243ZC {Part not to apply to certain areas}
 15Article 243ZD {Committee for district planning}
 16Article 243ZE {Committee for Metropolitan planning}
 17Article 243ZF {Continuance of existing laws and Municipalities}
 18Article 243ZG {Bar to interference by Courts in electoral matters}

Article 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.

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Article 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.

Article 243R {Composition of Municipalities}

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.

1. 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 meeting of the
Municipality;
b. the manner of election of the Chairperson of a Municipality.

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Article 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.

Article 243T {Reservation of seats}

1. Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in
every Municipality 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
Municipality 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 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 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.

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 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.

Article 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 Municipality 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.

Article 243V {Disqualifications for membership}

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;

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 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.

Article 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.

Article 243X {Power to impose taxes by, and Funds of, the
Municipalities}
The Legislature of a State may, by law, -

a. authorize 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 law.

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Article 243Y {Finance Commission}
The Finance Commission constituted under Article 243I shall also review the financial
position of the Municipalities and make recommendation 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 Commission under
this article together with an explanatory memorandum as to the action taken
thereon to be laid before the Legislature of the State.

Article 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.

Article 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 the 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.

Article 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

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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.

Article 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.

Article 243ZD {Committee for district planning}

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 Municipalities
in the district and to prepare a draft development plan for the district as a whole.

1. 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
members 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.
2. 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;

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

Article 243ZE {Committee for Metropolitan planning}

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.

1. 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.
2. 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 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

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

Article 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.

Article 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.

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