|
Part IXA: The Municipalities is a Part of the Constitution of India related to Municipalities. It was added to the Constitution by the 74th Amendment, which came into force on 1 June 1993.〔 ==Articles== Part IXA contains articles 243P to 243ZG. Article 243P deals with definitions of various terms used in the Part which inter alia include: “Committee” means a Committee constituted under article 243S; “district” means a district in a State; “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 area, specified by the Governor by public notification to be a Metropolitan area for the purposes of Part IXA; “Municipal area” means the territorial area of a Municipality as is notified by the Governor; “Municipality” means an institution of self-government constituted under article 243Q; “Panchayat” means a Panchayat constituted under article 243B; “Population” means the population as ascertained at the last preceding census of which the relevant figures have been published. Article 243Q provides for the constitution of a Nagar Panchayat for a transitional area, i.e. an area in transition from a rural area to an urban area; a Municipal Council for a smaller urban area; and a Municipal Corporation for a larger urban area. A Municipality 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. The Governor may specify, by public notification, as to what constitutes a “transitional area”, “a smaller urban area” or “a larger urban area” considering the factors such as population, density of the population, revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance of the area. Article 243R provides that all the seats in a Municipality shall be filled by way of direct election and, for this purpose, each Municipal area shall be divided into territorial constituencies to be known as Wards. The Legislature of a State may, by law, provide for the representation in a Municipality of: :(i) persons having special knowledge or experience in Municipal administration (But such persons are not entitled to vote in the meetings of the Municipality); :(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 Committee constituted under clause 5 of article 243S. The Legislature of State is also empowered to provide for the manner of election of Chairperson of a Municipality. Article 243S provides for the constitution of Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of three lakhs or more. The Legislature of a State is empowered to make provision with respect to the composition and the territorial area of a Wards Committee; the manner of filling of the seats in a Wards Committee. Further a member of Municipality representing the Ward within the territorial area of the Wards Committee shall be a member of that Committee. Where a Wards Committee consists of one Ward, the member representing that Ward shall be the Chairperson of the Ward. In case it consists of 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. Legislature is empowered to make provisions for the constitution of Committees in addition to the Wards Committees. Article 243 provides, inter alia, for the reservation of seats for the Scheduled Castes and the Scheduled Tribes in every Municipality in proportion to their population of which not less than one-third of the total number of seats should be reserved for women from among the Scheduled Castes and Scheduled Tribes. Further, one-third of the total number of seats including the seats reserved for SC/ST women shall be reserved for women and such seats may be allotted by rotation. The Legislature of a State may also provide for reservation of seats for backward class of citizens. Under article 243U, the term of every Municipality, unless sooner dissolved, shall be five years. A Municipality shall be given a reasonable opportunity of being heard before its dissolution. An election to a Municipality shall be completed before the expiry of its duration of five years; and in case of dissolution before the expiration of six months from the date of its dissolution. Under article 243V, a person shall be disqualified for being chosen as and for being a member of a Municipality if he is disqualified to contest the elections to the Legislature of the State concerned. 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. A person shall also be disqualified if he is so disqualified by or under any State law. If any question arises as to the disqualification of a member, the same shall be referred for the decision of such authority and in such manner as the Legislature of State may, by law, provide. Article 243W provides that the Legislature of a State may, by law, endow the Municipalities with such powers, authority and responsibilities to enable them to function as institutions of self-government; prepare plans for economic development and social justice; perform functions and implement schemes entrusted to them including those mentioned in the Twelfth Schedule. Under article 243X, a Municipality may be authorised by the State Legislature to levy, collect and appropriate such taxes, duties, tolls and fees; 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; provide for such grants-in-aid from the Consolidated Fund of the State; provide for constitution of Funds for crediting and withdrawal of monies as may be specified in the law. Article 243Y provides that 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 the principles which should govern the financial relations between the State and Municipalities as specified therein and the measures needed to improve the financial position of the Municipalities. The Governor shall cause every recommendation together with an explanatory memorandum as to the action taken thereon, to be laid before the Legislature of the State. Under article 243Z, the provisions for maintenance and audit of accounts of Municipalities may be made by the State Legislature. Article 243ZA provides that 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. The Legislature of a State, however, is empowered to make provisions in respect of all matter relating to elections. Article 243ZC declares that the provisions of Part IXA shall apply to Union territories provided that the President may, by public notification, direct such application with some exceptions and modifications. However, the provisions of Part IXA shall not be applicable to the Scheduled Areas referred to in clause (1) and the tribal areas referred to in clause (2) of article 244 unless the Parliament makes law to that effect and also shall not affect the functions and powers of the Darjeeling Gorkha Hill Council. Article 243ZD provides for the constitution of a District Planning Committee at the district level to consolidate the plans prepared by the Panchayats and the Municipalities and to prepare a draft development plan for the district as a whole. The Legislature of a State shall be empowered to make provision for the composition and functions of the Committee, etc. Article 243ZE contains similar provision stipulating that in every Metropolitan area, a Metropolitan Planning Committee shall be constituted to prepare a draft development plan for the Metropolitan area as a whole. The Legislature of a State is empowered to make provision with regard to the composition of Committee, etc Article 243ZF relates to continuance of existing laws and Municipalities, while article 243ZG bars interference by Courts in electoral matters.〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Part IXA of the Constitution of India」の詳細全文を読む スポンサード リンク
|