74TH AMENDMENT ACT

DONE BY:

NISHCHLA &

SWAPNIKA

WHAT IS AMENDMENT OF THE CONSTITUTION OF INDIA?

• Amendments of the Constitution of India is the process of making changes to the nation's fundamental law or supreme law.

• The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.

74TH AMENDMENT ACT

WHAT IS AMENDMENT OF THE CONSTITUTION OF INDIA?

• As of August 2015, there have been 100 amendments to the Constitution of India since it was first enacted in 1950.

• There are two types of amendments to the constitution which are governed by article 368:

1.The first type includes amendments that can be effected by Parliament of India by a prescribed ‘special majority’; and2.The second type of amendments includes those that require, in addition to such "special majority", ratification by at least one half of the State Legislatures. The second type amendments made to the constitution are amendments 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38,

39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95 and 99

74TH AMENDMENT ACT

WHAT IS 74TH AMENDMENT ACT‘74 constitutional amendment act’ 1992 is aimed to strengthen ulbs through devolution of power towards decentralizationThe aim and objectives of 74th con. Amendment is:1. ToSet up institutional mechanism to facilitate

decentralization2. Demarcate role of ULBs &specify their function3. Specify areas deemed as urban to include new

urbanizing areas.4. Ensure representation of pubic specially deprived cl

ass/woman 5. Ensure that ULBs are not superseded

74TH AMENDMENT ACT

WHAT IS 74TH AMENDMENT ACTREASONS:1. Urban areas and their governance have always been a subject of interest

and have traversed various territories, sometimes slippery, sometimes firm, but always a matter of discussion and a favorite of policy making.

2. Efforts have been made by the government repeatedly to create smooth and efficient ways of managing urban affairs. Another leap in this direction was the 74th Amendment Act of the Constitution in 1992.

3. At that time it was considered a path breaking amendment because it aimed at the creation of local governments and dissolution of powers to them in the respective states.

4. It outlined a broad framework of institutions that would act as the local governments and would ultimately bridge the gap between the government and the governed.

5. The 73rd Amendment Act, which is known as the sister amendment aimed at the creation of stronger, active bodies at the local level in the rural areas.

74TH AMENDMENT ACT

HISTORICAL BACKGROUND OF 74TH AMENDMENT ACT

1. The process to amend the constitution was initiated by the then prime minister rajiv gandhi during 1989.

2. Finally passed during December' 1992 and effective with effect from April '1993.

3. Since the urban development is the state subject, all the state was to enforce the provision of above amendment through amendment of respective bye-laws of states within a year

74TH AMENDMENT ACT

74th CAACONTENTS OD 74TH AMENDMENT:ARTICLE 243 - the Indian Constitution was amended by the Constitution (7th Amendment) Act 1956, which brought in the definitions of Panchayats and Municipalities within the ambit of the Constitution. Article 243 P- 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 Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan Area for the purposes of this Part.

Article 243 Q - Municipal Area means the territorial area of a Municipality as is notified by the Governor or State Government – MunicipalityArticle 243 S - Municipality will be divided into territorial constituencies known as Wards.

Article 243 T – SC and ST reservation according to the population - and women will be given one-third reserved seats Article 243 U - 5-year term to the Municipalities, with the opportunity to be heard if they are to be dissolved or supersededArticle 243 W- lays down some of the powers and functions of the Municipalities as listed out under the Twelfth Schedule

74TH AMENDMENT ACT

74rd CAAAccordingly, it is proposed to add a new part relating to theUrban Local Bodies in the Constitution to provide for-(a) constitution of three types of Municipalities:(i) Nagar Panchayats for areas in transition from a rural area tourban area;(ii) Municipal Councils for smaller urban areas;(iii) Municipal Corporations for larger urban areas.

SAILENT FEATURES(i) putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to-(a) the functions and taxation powers; and(b) arrangements for revenue sharing

(ii) Ensuring regular conduct of elections

(iii) ensuring timely elections in the case of supersession

(iv) providing adequate representation for the weaker sections likeScheduled Castes, Scheduled Tribes and women.

74TH AMENDMENT ACT

The broad criteria for specifying the said areas is being provided in the proposed article 243-0;composition of Municipalities, which will be decided by theLegislature of a State, having the following features:(i) persons to be chosen by direct election;(ii) representation of Chairpersons of Committees, if any, at wardor other levels in the Municipalities;(iii) representation of persons having special knowledge or experience of Municipal Administration in Municipalities (without voting rights);(c) election of Chairpersons of a Municipality in the mannerspecified in the State law;

(d) constitution of Committees at ward level or other level or levels within the territorial area of a Municipality as may be provided in the State law;(e) reservation of seats in every Municipality-(i) for Scheduled Castes and Scheduled Tribes in proportion to theirpopulation of which not less than one-third shall be for women;(ii) for women <= 1/3RD of seats;(iii) in favour of backward class of citizens if so provided by theLegislature of the State;(iv) for SCS,STS and women in the office of Chairpersons as may be specified in the State law;

74rd CAA(f) fixed tenure of 5 years for the Municipality and re-election within six months of end of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held within a period of six months of its dissolution;(g) devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to preparation of plans for economic development and social justice, and for the implementation ofdevelopment schemes as may be required to enable them to function asinstitutions of self-government;(h) levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State Governments and for making grants-in-aid by the State to the Municipalities as may be provided inthe State law;

74TH AMENDMENT ACT

74rd CAA(i) a Finance Commission to review the finances of the to recommend principles for-(1) determining the taxes which may be assigned to the Municipalities;(2) Sharing of taxes between the State and Municipalities;(3) grants-in-aid to the Municipalities from the Consolidated Fund of the State;(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-General of India and laying of reports before the Legislature of the State and the Municipal Corporation concerned;(k) making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the superintendence, direction and control of the chief electoral officer of the State;(l) application of the provisions of the Bill to any Union territory or part thereof with such modifications as may be specified by the President;(m) exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244, from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be done by Parliament by law;(n) disqualifications for membership of a Municipality;(o) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.

74TH AMENDMENT ACT

74 TH CONSTITUTION AMENDMENT ACT AND ITS IMPLICATION ON THE STATUTORY PROCESS IN TOWN AND COUNTRY PLANNING

74TH AMENDMENT ACT

• First UDPFI Guidelines were prepared in 1996 in consonance with the provisions of 74th CAA .

• Part 2 contained suggested changes required in Model Regional and Town Planning and Development Law (Volume 2A) and modifications in Town Planning Acts of Maharashtra {Volume 2B) and Gujarat (Volume 2C).

• The objective of the Volume 2 A and B was to guide the State governments to incorporate the provision especially of preparation Metropolitan and District Plan

74TH AMENDMENT ACT

74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

• However, most of the State Governments did not incorporate the provisions in the Town and Country Planning Acts as suggested by UDPFI Guidelines,1996.

• An attempt was made under the JNNURM wherein one of the reform was to comply with 74th CAA with reference to constitution of both MPC and DPC.

• States have constituted MPC and DPC but without strong professional backup for preparing both metropolitan and district plans.

74TH AMENDMENT ACT

74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

• Rather ,the Acts needs reforms in view of compliance to 74th CAA and host of emerging issues which calls for

• Expeditious completion of Master Plan process Need based and speedy change of Land use Re engineering the overall regulatory framework. Provision for notifying the sectoral plans.

• Urban Policies at the State level

• Constitution of State Regulatory body

74TH AMENDMENT ACT

74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

URBAN FINANACE- DEVOLUTION OF SOURCE OF REVENUETHROUGH SFCs

1. The 74th amendment directs state governments to constitute state finance commission in line with central finance commission once in 5 years.

2. SFCs responsibility is to decide on sharing of state's tax, duties, tolls between state and municipalities and also distribution between municipalities of the state.

3. It would suggest for improvement in financial position. 4. Though all the states have established SFCs delay in implementation of SFCs suggestion are

observed by most of the states. 5. There is also necessity for capacity building to comply SFCs guidelines. 6. It is also important to maintain balance between the Function and Finance. 7. Many of the States are yet to adopt new approaches to levy tax etc. to improve financial

base

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

FUNCTIONAL DOMAIN-12™ SCHEDULEThe state legislations to assign 18 functions to ULBs as per 12th schedule related to planning, infrastructure, public health, solid waste, fire service, environment, poverty alleviation, amenities, culture, education, aesthetic etc. The details are narrated below:1)Urban Planning including town planning.2) Regulation of land use and construction of building.3) Planning for economic and social development.4) Roads and bridges.5) Water supply for domestic, industrial and commercial purposes.6) Public health, sanitation conservancy and solid waste management.7) Fire services.8) Urban forestry, protection of the environment and promotion of ecological aspects.9)Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.10) Slum improvement and up gradation.11) Urban poverty alleviation.12) Promotion of cultural, educational and aesthetic aspects.

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

PLANNING AT DECENTRALISED LEVELIn order to decentralize planning activity the 74th amendment directs for formation of District planning committee and Metropolitan planning committee1.DISTRICT PLANNING COMMITTEE:District planning committee is to be set up to integrate planning for urban and rural areas. 4/5th of the representation shall be from elected members with representation from rural and urban areas on proportionate basis. Public representatives are expected to provide real needs, fix priorities, formulate policies of people. The responsibility of DPC is here in under:• To consolidate plan prepared by Panchayats and municipalities• To prepare draft development plan considering economic development and social justice.• To look after common interest between Panchayats and municipalities including spatial planning.• To look after sharing of water and physical resources• To integrate development of infrastructure.• To available of resources and finances.• To promote integrated and participatory planning• To recommend socio-economic district development plan to state

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

PLANNING AT DECENTRALISED LEVELIn order to decentralize planning activity the 74th amendment directs for formation of District planning committee and Metropolitan planning committee1.DISTRICT PLANNING COMMITTEE:OTHER POINTS TO REMEMER ABOUT DPC:1. Only 10 states and 2 UTs have constituted the DPC. West Bengal, Tamilnadu,

Kerala,Karnataka, Sikkim are example. In Madhya Pradesh power of administration and financial sanction is vested with DPC

2. The proportionate proportion of Public representatives as prescribed in the act may create disparity in urban and rural areas as urban areas require greater attention. It is necessary to have relationship between DPC and State planning board to make long term perspective plan of the state. With the constitution of DPC, restructuring of state department and agencies is needed for better planning and development under DPC. However it is necessary to ensure that DPCs are properly equipped with professionals from various disciplines and other resources. There must be a proper relationship and coordination between DPCs and ULBs with respect to resource mobilisation and implementation.

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONSTABLE 1:STATE WISE INFORMATION ON FUNCTIONING OF DISTRICT PLANNING COMMITTEES IN INDIA (AS ON OCTOBER 2004)

PLANNING AT DECENTRALISED LEVELIn order to decentralize planning activity the 74th amendment directs for formation of District planning committee and Metropolitan planning committee2.METROPOLITAN PLANNING COMMITTEE:1. Metropolitan planning committee is to be set up with the similar objectives DPCs at

metropolitan cities ( 35 Nos) having population more than 10 lacs. 2. 2/3th of the representation shall be from elected members with representation from rural

and urban areas on proportionate basis. 3. MPCs shall act with overall objectives and priorities of Gol/ State and investment need.

While only West Bengal has constituted the MPCs namely Kolkata metropolitan Committee, Maharastra is in the process of setting up the committee.

4. With the constitution of MPC, there is a need to define role of development authorities, state depts like roads, PHE, water supply, Housing Board. There may be also conflict between DPC and MPC in respect of jurisdiction. Since the MPC is a new body it is required to be equipped with professionals like town planners for preparation of spatial planning. Most of the state is required to amend their town and country planning act

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

PLANNING AT DECENTRALISED LEVELIn order to decentralize planning activity the 74th amendment directs for formation of District planning committee and Metropolitan planning committee2.METROPOLITAN PLANNING COMMITTEE:As per the UDPFI guidelines formulated Govt, of India following responsibilities are made in addition to above:1. Formulate development goals , objective sand policies2. Perspective plan within 5 years3. Development plan within 2 years4. Metropolitan area annual plan5. Consult professional organizations like CII.FCCI for monitoring and resolve conflict.

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONSTABLE 2:STATE WISE COMPLIANCE OF THE 74TH AMENDMENT ACT PROVISIONS (AS ON OCTOBER 2004)

UPCOMING ISSUES FOR PLANNERS• Inclusive Planning • Sustainable Habitat Parameters

• Integration of Landuse and transport at planning stage • Norms and Standards/Zoning Regulations • Urban Reforms • Service Level Benchmarks

• Plans like• City Sanitation Plan• City Drainage Plan • Capital Investment Plan and Financial Operating Plan• Disaster Management Plan • Comprehensive Mobility Plan

74TH AMENDMENT ACT

74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

SOURCES• http://indiacode.nic.in/coiweb/amend/amend74.htm

• http://moud.gov.in/legislation/constiution

• http://www.slideshare.net/umeshvarma1/municipal-structures-in-india?qid=5b15af51-6437-4db1-b063-273f59786cbe&v=default&b=&from_search=1

• http://www.nrcddp.org/file_upload/73rd%20and%2074th%20Constitution%20Amendment%20Act.pdf

• https://en.wikipedia.org/wiki/Municipal_governance_in_India

• http://www.yourarticlelibrary.com/constitution/74th-amendment-of-the-constitution-of-india-summary/46678/

• http://www.preservearticles.com/2011100514743/essay-on-the-the-constitution-74th-amendment-act.html

• http://ccs.in/internship_papers/2004/2.%2074th%20Amendment_Areeba.pdf74TH AMENDMENT ACT

THANK U