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Three Types of Municipalities
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- The act provides for the constitution of the following three types of municipalities in every state.
- A Nagar Panchayat (by whatever name called) for a transitional area.
- A municipal council for a smaller urban area.
- A municipal corporation for a larger urban area.
- However, there is one exception, If there is an urban area where municipal services are being provided by an industrial establishment, then the governor may specify that area to be an industrial township. In such a case, a municipality may not be constituted.
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Composition
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- All the members of a municipality shall be elected directly by the people of the municipal area.
- For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards.
- The state legislature may provide the manner of election of the chairperson of a municipality.
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Wards Committees
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- A wards committee shall be constituted consisting of one or more wards, within the territorial area of a municipality having a population of three lakh or more.
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Other Committees
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- In addition to the ward committees, the state legislature is also allowed to make any provision for the constitution of other committees.
- The chairpersons of such committees may be made members of the municipality.
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Reservation of Seats
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- Reservation of seats for SC and ST is provided in every municipality in proportion to their population.
- Provision for reservation of 1/3rd of the total number of seats is also provided for women.
- The state legislature has been empowered to make any provision for reservation in the municipality at any level in favor of the backward class.
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Duration of Municipalities
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- Municipalities have been provided with a five-year term of office at every level. It can however be dissolved before the completion of its term.
- A municipality if elected after the dissolution of the municipality shall continue for the remaining period for which the dissolved municipality would have continued had it not been dissolved.
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Disqualifications
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- A person shall be disqualified on the following grounds:
- if he is disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or
- if he is disqualified under any law made by the state legislature.
- However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.
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State Election Commission
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- The State Election Commission has been constituted and has been endowed with various roles like superintendence, direction and control of the preparation of electoral rolls.
- The conduct of elections to the Municipalities shall also be handled by the state election commission.
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Powers and Functions
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- The powers and functions of the Municipalities are endowed by the state legislature.
- The Municipalities prepare a plan for economic development and social justice for the people of the Municipality.
- It implements the scheme of the Central and State government for the betterment of the people at the ground level.
- Municipalities have the power to enhance employment facilities and undertake development activities in the area.
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Finances
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The state legislature may-
- authorize a panchayat to levy and collect taxes, duties, duties, and fees;
- assign to the Panchayat taxes, duties, duties, and fees levied and collected by the state government;
- provide grants-in-aid to the Panchayats from the state’s consolidated fund, and
- provide for the establishment of funds to credit all money of the Panchayats.
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Finance Commission
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- The finance commission is constituted by the governor to review the financial position of the Municipalities.
- This commission recommends the governor to decide on the principles that should govern the distribution of taxes between the state and the Municipalities.
- It also determines the taxes, duties, tolls, and fees that may be assigned to Municipalities.
- The provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts are done according to the provisions decided by the state legislature.
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Audit of Accounts
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- State legislatures can make provisions regarding the maintenance and auditing of municipalities’ accounts.
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Application to Union Territories
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- The provisions of this Part apply to the territories of the Union. However, the president may specify and direct any exception of modification as required.
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Exempted Areas
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- The act does not apply to scheduled areas and tribal areas in the following states.
- At present, ten states of India have scheduled areas – Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan.
- Presently, there are a total of ten tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1), and Mizoram (3).
- It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal.
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District Planning Committee
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- Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.
- The act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.
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Metropolitan Planning Committee
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- Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan.
- A Metropolitan area means an area having a population of 10 lakh or more, in one or more districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
- The act lays down that two-thirds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.
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Continuance of Existing Laws and Panchayats
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- All state laws pertaining to municipalities shall remain in effect until one year after the commencement of this act.
- In other words, states must implement the new municipality system based on this act within a year of its enactment on April 24, 1993, the date of the act’s enactment.
- However, all municipalities that existed prior to the enactment of the act will continue until the end of their terms, unless dissolved earlier by the state legislature.
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Bar to Interference by Courts in Electoral Matters
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- The act prohibits courts from interfering in municipality elections.
- It declares that the constitutionality of any law relating to the delimitation of constituencies or the allocation of seats to such constituencies cannot be challenged in any court.
- It also states that no election to a municipality may be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature.
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Twelfth Schedule
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The following 18 functional items are placed within the purview of municipalities:
- Urban planning including town planning;
- Regulation of land use and construction of buildings;
- Planning for economic and social development;
- Roads and bridges;
- Water supply for domestic, industrial, and commercial purposes;
- Public health, sanitation, conservancy, and solid waste management;
- Fire services;
- Urban forestry, protection of the environment, and promotion of ecological aspects;
- Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;
- Slum improvement and upgradation;
- Urban poverty alleviation;
- Provision of urban amenities and facilities such as parks, gardens, and playgrounds;
- Promotion of cultural, educational, and aesthetic aspects;
- Burials and burial grounds, cremations and cremation grounds, and electric crematoriums;
- Cattle ponds, prevention of cruelty to animals;
- Vital statistics including registration of births and deaths;
- Public amenities including street lighting, parking lots, bus stops, and public conveniences; and
- Regulation of slaughterhouses and tanneries.
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