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Showing contexts for: devolution of powers in Gujarat Municipal Finance Board vs Deputy Commissioner Of Income Tax on 4 May, 1996Matching Fragments
Mr. Kaji also drew our attention to Arts. 243W, 243X and 243Y which is in Part IX-A of the Constitution, which reads as under :
"243W. 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 institution 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 -
7. Mr. Kaji submitted that after the amendment in the Constitution, it is mandatory to have grants-in-aid for the Municipalities from the consolidated fund of the State. He submitted that it is the duty of the Finance Commission now to make recommendation to the Hon'ble Governor as to the grants-in-aid to the Municipalities from the consolidated fund of the State. It is the duty of the State to provide for making such grants-in-aid to the Municipalities from the consolidated fund of the State and provide for constitution of such fund for crediting of monies received respectively by and on behalf of the Municipalities and also for withdrawal of such monies therefrom as the case may be specified in law in view of Art. 243H of the Constitution. Mr. Kaji submitted that the State is empowered to endow the Municipalities with such powers and authority as may be necessary to enable them to function as institution of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities for preparation of plans for economic development and social justice, performance of functions and implementation of the schemes as may be entrusted to them including those in relation to the matters listed in the 12th Schedule.
14. The Board is constituted under the Act and is playing an important role in implementing the schemes under the BPMC Act and the Gujarat Municipalities Act. Constitution (Art. 243W) provides that 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 institution 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 with respect to the preparation of plans for economic development and social justice and for the performance of the functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule. In Twelfth Schedule as many as 18 items are mentioned, which are reproduced below :