ARTICLE 243V, 243W, 243X-CONSTITUTION OF INDIA 1949

What are the Disqualifications for membership? What are Powers, authority and responsibilities of Municipalities? What is the Power to impose taxes by, and funds, of, the Municipalities? Article 243V, 243W and 243X of Constitution of India, 1949

Disqualifications for membership, Powers, authority and responsibilities of Municipalities and Power to impose taxes by, and funds, of, the Municipalities are defined under Article 243V, 243W and 243X of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 243V of Constitution of India "Disqualifications for membership"

(1) 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;

(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 of Constitution of India "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 of Constitution of India "Power to impose taxes by, and funds of the Municipalities"

The Legislature of a State may, by law;

(a) authorise 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 the law.

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