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Amendment] Act, 1992 which came into force w.e.f. April 20, 1993, it
imposes the statutory responsibilities on the municipalities. Article 243 -
p(d) defines "municipal area" to mean the territorial area of a
Municipality as is notified by the Governor. Article 243(a)(i)envisages
that subject to the provisions of the Constitution, the Legislature of a
State may, by law, endow the municipalities 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
of
conditions, as may specified therein, with respect to the preparation of
plans for economic development and social justice. Entry 17 of the 12th
Schedule provides for public amenities including street lighting, parking
lots, bus stops and public conveniences. Thus, the Constitution enjoins
the appropriate Legislature to provide for preparation of the plans for
rt
economic development and social justice including power to provide
public amenities including street lighting, parking lots, bus stops and
public conveniences. On such public amenities including bus stops
having been provided by the municipalities, as a is statutory duty, it is
the duty of the user thereof to pay fee for service rendered by the
municipality. The municipality had prescribed the minimum fee to the
user at the rate of Re. 0.75 per day or part thereof, for use of any
transport vehicle, as mentioned hereinbefore. The High Court is clearly
in error in striking down the demand of fee power holding that it is ultra
vires their power."