What are features of the 74th Amendment Act, 1992?

Q.  Which of the following are features of the 74th Amendment Act, 1992?

1) There are 3 types of municipalities.
2) Wards committee can be constituted, consisting of one or more wards, within the territorial area of a municipality having population of five lakhs or more.
3) Article 243 P to 243 ZG deal with the municipalities.
- Published on 10 Mar 17

a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above

ANSWER: 1, 3
 
    Types of Municipalities -

    Article 243 Q - There would be three types of municipalities in every state -

    a) A nagar panchayat (by whatever name called) for a transitional area, that is, an area in transition 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.

    Composition -

  • All seats of 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.

  • The state legislature may provide the manner of election of the chairperson of a municipality.

    • It may also provide for the representation of the following persons in a municipality -

    a) Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.

    b) The members of the Lok Sabha and the State Legislative Assembly representing constituencies that comprise wholly or partly the municipal area.

    c) The members of the Rajya Sabha and the State Legislative Council registered as electors within the municipal area.

    d) The chairpersons of committees other than wards committees.

    Wards Committees -

  • There shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lakhs or more.

    • The state legislature may make provision with respect to -

    a) the composition and the territorial area of a wards committee; and

    b) the manner in which the seats in a wards committee shall be filled.

  • State Legislature may also make any provision for the Constitution of committees in addition to the wards committees.

    • Reservation of Seats -

  • Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall be in proportion of their population to the total population in the municipal area.

  • 1/3rd of the total number of seats would be reserved for women (including the number of seats reserved for woman belonging to the SCs and the STs).

  • This can be allotted in rotational basis.

  • The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may prescribe.

  • The legislature may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favor of backward class of citizens.

  • Duration of Municipalities (Article 243U); Disqualifications (Article 243V); State election commission (Article 243ZA); Powers and Functions (Article 243W); Finances (Article 243X); Finance Commission (Article 243Y); Audit of Accounts (Article 243Z); Application to Union territories (Article 243ZB); Exempted areas (Article 243C); District Planning Committee (Article 243ZD); Metropolitan Planning Committee (Article 243ZE); Continuance of Existing law (Article 243ZF) and Bar to interference by courts (Article 243G) is similar to the Panchayats.

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