does not make its area a ‘municipality’ or ‘local authority’.
Furthermore, no powers, authority and responsibilities of municipalities under
Article 243-W13 were endowed upon ... self-government and such law may contain provisions for the devolution of powers and responsi -
bilities upon Municipalities, subject to such conditions
xxxx
Section 23-D confers authority on the very officer who has power to try and dispose of a case to send ... Magistrates or officers belonging to different classes, and there is a devolution of powers among them graded according to their class, a provision such
rulings referred to Rule 17, Part 2 of the Devolution Rules, under which this power has been given in 1920 to local legislatures ... colleagues did not anywhere refer to the powers of legislation given under the Devolution Rules of 1920 to the Indian legislature. The ruling therefore
Gram Panchayat vs State Of H.P. & Ors on 24 August, 2015
Bench: Rajiv
Municipal Corporation cannot be expected to be conferred only with
powers and authorities. No power and authority or no right comes
without a corresponding obligation ... self government. That the law may also contain
provisions for the devolution of powers and responsibilities upon
Municipalities, subject to such conditions
economical water supply, sewerage, utilities, and public services.
For these purposes, devolution of powers to the cities occurs through legislative acts that delegate limited self
Legislature of a State may, by law, endow the Municipalities with such
powers and authority as may be necessary to enable such Municipalities
to function ... 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
including the failure
to hold regular elections, prolonged supersessions and inadequate
devolution of powers and functions. As a result, Urban Local
Bodies are not able
order is traced out in Article 243-G., which deals with the power/authority/responsibilities of Panchayats, and the same reads as follows:-
Subject ... self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions
power of the
Corporation to levy fee is traceable to the Constitution under Article 243X.
Similarly, under Article 243W , the powers, authority and responsibilities ... 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
