THE CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE SYSTEM AS PER THE KERALA MUNICIPALITY ACT, 1994
THE CONSTITUTION, STRUCTURE AND COMPOSITION OF LOCAL SELF-GOVERNANCE
SYSTEM AS PER THE KERALA MUNICIPALITY ACT, 1994
The system of
local self-governance has been prevalent in India from the ancient times, it existed
in different forms and degrees at different eras. The concept of village
panchayats deteriorated during the British rule in India. Gandhiji had given
the idea of ‘Gram Swaraj’ and the establishment of village panchayats was an
ideological part of Indian National Movement. The first draft constitution did
not have any reference or article on villages or village panchayats. As a
result of several debates on the matter in Constituent Assembly, the arguments
for inclusion of village panchayats prevailed and it took place in the chapter
of Directive Principles of State Policy as Article 40 which lays down that the
State shall take steps to organise Village Panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self-government.
Though the Panchayat Raj institutions and local bodies have been in existence for a long time, they became weak and ineffective due to reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker section, inadequate devolution of powers and lack of financial resources. The 73rd and 74th Constitution Amendment Acts,1992 were made to overcome these short-comings by enshrining in the Constitution certain basic and essential features of Panchayat Raj institutions and Municipalities respectively. These Acts enjoins upon the States to establish a three-tier system of Panchayats at the village, intermediate and district levels and municipalities in the urban areas. The Kerala Panchayat Raj Act,1994 and The Kerala Municipality Act, 1994 were passed in conformity with the provisions of 73rd and 74th Amendment Acts respectively
Constitution, Alteration and Conversion of Municipalities- Section
4
The
Government shall, by notification in the Gazette, constitute with effect from
such date as specified in the notification, -a "Town Panchayat" or
“Nagar Panchayat” for a transitional area; a "Municipal Council" fora
smaller urban area; and a "Municipal Corporation" for a larger urban
area, and specify the name of such Municipalities. The Government may at the
request of a Municipality or after consultation with the Municipality, at any
time, alter the name of a Municipality, after previous publication of the
proposal by notification in the Gazette.
The
Government can exclude any municipal area from the operation of this act; or
exclude from a municipal area comprised therein and defined in the
notification; or divide any municipal area into two or more municipal areas; or
unite two or more municipal areas; or unite the territorial area of a Panchayat
geographically lying adjacent to a Municipal area, with the Municipality; or
convert a Village Panchayat into a Town Panchayat or a Municipal Council; or
convert a Town Panchayat into a Municipal Council; or convert a Municipal
Council into a Municipal Corporation.
Where any
Village Panchayat area is constituted as, or included in a Municipality, the
Government can pass orders to the transfer to the Municipality or disposal
otherwise of the assets or institutions of such Panchayat in that area, and as
to the discharge of the liabilities if any, of such Panchayat relating to such
assets or institutions. All taxes, fees or other charges levied in that area
under the enactments or regulations then in force shall, from the date of
constitution or inclusion, cease to have effect and all such taxes, fees or
other charges shall be levied in that area in accordance with the provisions of
this Act and the rules, regulations and bye-laws made thereunder.
Where a Municipality is abolished, this Act and all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the area comprised within the Municipality, the balance of the Municipal fund and all other property vested in the Municipality at the time of its abolition shall vest in the succeeding local authority coming into existence or if a local authority does not come into existence in that area, in the Government and the liabilities of the Municipality shall be transferred to such local authority or as the case may be, the Government. All funds and property vested in the Government shall be applied to discharge the liabilities transferred to the Government and for the promotion of the safety, health, welfare or convenience of the inhabitants of the area comprised in the Municipality.
Ø Raveendran v. State of Kerala[1]
A rural area
after its transition to be an urban area, thereby becoming a smaller urban
area" or a "larger urban area" in terms of Article 243Q of the
Constitution of India, cannot be converted to be a rural area. No such exercise
can be done under the provisions of Part IX A of the Constitution of India or
otherwise. The delinking of certain urban areas from the Municipalities, for
being treated as rural areas is unconstitutional and void.
Incorporation and Administration
of Municipality- Section 5
Every Municipality shall be a
body corporate by the name of the Municipality, shall have perpetual succession
and a common seal, and shall, subject to any restriction or alteration imposed
by or under this Act or any other law, be vested with the capacity of suing or
being sued in its corporate name, of acquiring, holding and transferring
property, movable or immovable, of entering into contracts, and of doing all
things necessary, proper or expedient for the purpose for which it is so
constituted.
Every Municipality, shall
exercise such powers, perform such duties and functions and shall have such
responsibilities and authority as are provided by or under this Act or any
other law for the time being in force.
Constitution of Council- Section 6
The Government notifies the
total number of seats of the Councillors to be filled up by direct election in
a Nagar/Town Panchayat, Municipality and Municipal Corporation considering the
population of the area of the Municipality concerned. The Government may, after
publishing the relevant data according to each census, vary the total number of
seats of Councillors in a Municipality notified. The Councillors of every
Municipality shall be elected by direct election.
The number of seats of Councillors shall be ,—
a)
In
the case of a Town Panchayat or a Municipal Council, —
(i)
Twenty-five,
where the population in the area of the Town Panchayat or Municipal Council
does not exceed twenty thousand, and
(ii)
Where
the population of the Town Panchayat or Municipal Council exceeds twenty
thousand, twenty-five councillors for the population of first twenty thousand,
and one each for every two thousand and five hundred of the population
exceeding twenty thousand, subject to a maximum of fifty-two Councillors;
b)
In
the case of a Municipal Corporation, —
(i)
Fifty-five,
where the population in the area of the Municipal Corporation does not exceed
four lakhs, and
(ii)
Where
the population exceeds four lakhs, fifty-five councillors for the population of
first four lakhs and one each for every ten thousand exceeding four lakhs
subject to a maximum of one hundred Councillors.
Specified seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number is determined by the
Government in proportion to the population of SC/ST in the area and such seats
may be allotted by rotation to different wards in a Municipality as the State
Election Commission or an officer authorised by it may, determine for each
general election. If the population of the SC/ST in a municipal area is not
sufficient to make them eligible for the reservation of any seat, one seat
shall be reserved in that Municipality for the Scheduled Castes or the
Scheduled Tribes having higher population.
Fifty per
cent of the total number of seats reserved should be reserved for women
belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes.
When the number of seats reserved for the Scheduled Castes or the Scheduled
Tribes is only one, that seat need not be reserved for women belonging to the
Scheduled Castes or the Scheduled Tribes.
Fifty per
cent of the total number of seats to be filled by direct election in every
Municipality shall be reserved by the Government for women and such seats may
be allotted by rotation to different wards in a Municipality as the State
Election Commission or an officer authorised by it may, by notification in the
Gazette, determine for each general election.
Nothing
contained in the reservation provisions shall be deemed to prevent persons
belonging to the Scheduled Castes, Scheduled Tribes or Women from being a
candidate to the election to the unreserved seats in a Municipality. The
officer authorised in this behalf by the State Election Commission shall, by
draw of lots, determine the wards to which seats reserved for Scheduled Castes
and Scheduled Tribes and for women are to be allotted by rotation at such time
and on such date and at such place as may be notified by the Commission, and immediately
after deciding the reserved wards, the State Election Commission shall notify
the list of wards so reserved, in the manner prescribed.
Duration of
Municipalities and filling up of vacancies- Section 7
Every Municipality, unless sooner dissolved,
shall continue for five years from the date appointed for its first meeting and
no longer. An election to constitute a Municipality shall be completed before
the expiry of its duration or before the expiration of a period of six months
from the date of its dissolution; as the case may be. 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 for constituting the Municipality for such period. 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 if it had not been dissolved.
A casual vacancy in the office of a Councillor shall be reported directly by the Secretary concerned to the State Election Commission within seven days from the date of occurrence of that vacancy and the Secretary who fails to report so without proper reason shall be punishable with a fine which may extend to one thousand rupees and for which the State Election Commission shall have power to initiate the prosecution steps. Election to fill a casual vacancy in the office of a Councillor shall be held by the State Election Commission within six months, after the occurrence of that vacancy. A Councillor elected to fill a casual vacancy shall be eligible to hold office for the remaining term of the person in whose place he was elected.
Ø George C. Kappen v. Govemment of Kerala[2]
For default in performance of duties or excess
or abuse of power by the council S.64 has to be invoked.S.7 is the general
provision relating to the term of office of councillors applicable generally to
all Municipal Councillors in the State. The term may be extended or reduced by
invoking the proviso, but it is not related to the conduct of the Municipal
Council or of the Councillors.
Mayor or Chairman of a
Municipality
There shall be a Chairman in every Town
Panchayat and Municipal Council and a Mayor in every Municipal Corporation who
shall be elected by the elected Councillors of the respective Municipalities
from among themselves, in such manner as may be prescribed. The Chairperson
shall be a full-time functionary of the Municipality.
Government can reserve specified
number of offices of Chairmen and Mayor for Scheduled Castes or Scheduled
Tribes in proportion to their respective population. Fifty per cent of such
offices are reserved for women belonging to respective category.
Fifty per
cent of total number of offices of Chairpersons of Nagar Panchayat and
Municipal Council and Mayors of Municipal Corporation are reserved for women.
No person shall be eligible for being elected as Chairperson
unless-
(i) he is elected as Councillor;
(ii) in the case of offices of Chairpersons reserved for the
Scheduled Castes or the Scheduled Tribes, he himself is a member of any of the
Scheduled Castes or the Scheduled Tribes;
(iii) in the case of office of Chairperson reserved for
women, such person is a woman. 20[(8) The term of office of a Chairperson shall
be co-terminus with that of his term as a Councillor unless he resigns or
becomes disqualified to hold the office of a Councillor.
Deputy Chairpersons of
the Municipalities
There
shall be a Vice-Chairman in every Town Panchayat and Municipal Council and a
Deputy Mayor in every Municipal Corporation who shall be elected by the elected
Councillors of the respective Municipalities from among themselves. A Deputy Chairperson
shall be deemed to have vacated his office- on his ceasing to be a Councillor
on the expiry of his term of office or on his election as Chairperson. Where
the office of a Chairperson is vacant, the Deputy Chairperson shall exercise
the powers and discharge the duties of the Chairperson until a newly elected
Chairperson assumes office.
Conclusion
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