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(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area,
in accordance with the provisions of this Part:
243W – 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 –
“Even under the recent amendment brought by the Constitution (73rd
Amendment) Act, 1992 which came into force w.e.f. 20-4-1993, 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-W(a)(i)
envisages that subject to the provisions of the Constitution, the
legislature of a State may, by law, endow 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 the preparation of plans for economic development and social
justice. Entry 17 of the Twelfth 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 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 is a statutory duty, it
is the duty of the user thereof to pay fee for service rendered by the
municipality.”