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THE MUNICIPALITIES

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 Municipality or Panchayats or other contiguous areas,specified by the Governor by notification to be 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 as 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.


Constitution of Municipalities. -



 (1) There shall be constituted in every State,--- (a) a Nagar Panchayat for a traditional area, that is to say, an area in translation from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area ;
(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 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.


Composition of Municipalities. -



 (1) 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.
(2) The Legislature of a State may, by law, provide --
for the representation in a Municipality of ---
(a). person having special knowledge or experience in Municipal administration;
(b) 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;
(c) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;
(d) the Chairperson of the Committee's under clause (5) of article 243S:
Provided that the persons referred to in paragraph (a) shall not have the right to vote in the meetings of the Municipality.


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 Committees;
(b) the manner in which the seats in  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;
(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 shall be deemed to prevent Legislature of a State from making any provision for the Constitution of Committees in addition to the Wards Committees.
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