Bill No. 203 of 2016
Amendment of article 243Q.
THE CONSTITUTION (AMENDMENT) BILL, 2016
By DR. SHASHI THAROOR, M.P.
A BILL further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
- (1) This Act may be called the Constitution (Amendment) Act, 2016. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
- In article 243Q of the Constitution, in clause (1), after sub-clause (c), the following sub-clause shall be inserted, namely— "(d) a Metropolitan Authority for Metropolitan areas comprising one of more whole districts with a population of more than ten lakh,".
AS INTRODUCED IN LOK SABHA
- In article 243R of the Constitution,— (a) in clause
(2),— "(i) in sub-clause (a), for existing proviso, the following proviso shall be substituted, namely:— "Provided that the persons, members and Chairpersons referred to in paragraphs (i) to (iv) shall not have the right to vote in the meetings of the Municipality."; (ii) sub-clause (b) shall be omitted. (b) after clause (2), the following clauses shall be inserted, namely:—
"(3) The Chairperson of a Municipality to be known as Mayor shall be chosen by direct election by electors of the territorial constituencies of a Municipal area, to be held in such manner as the Legislature of a State may, by law, provide.
(4) The term of the office of the Mayor shall be co-terminus with the term of the Municipality.
(5) There shall be constituted by the Mayor, within a period of thirty days of entering into office, a Mayor-in-Council for a Municipal Corporation or Metropolitan Authority, as the case may be.
(6) The Mayor-in-Council shall consist of the Mayor and other members to be nominated by the Mayor from amongst the directly elected members of the Municipal Corporation or the Metropolitan Authority, as the case may be.
(7) The members of the Mayor-in-Council (excluding the Mayor) shall not exceed fifteen per cent. of the total number of directly elected members of the Municipal Corporation or the Metropolitan Authority, as the case may be, or fifteen members, whichever is higher.
(8) The Mayor-in-Council shall exercise such powers and perform such functions as may be assigned to it by the Mayor.
(9) A member of the Mayor-in-Council shall hold office as long as he is a member of the Municipal Corporation or the Metropolitan Authority, as the case may be, unless he resigns or is removed from office by the Mayor by order in writing.".
- In article 243S of the Constitution,— (a) for clause (1), the following clause shall be substituted, namely:— "(1) There shall be constituted, within two years from the commencement of this Act, a Ward Committee for every ward within the territorial area of a Municipality having a population of one lakh or more."; (b) in clause (3), for the words "Wards Committee", the words "Ward Committee" shall be substituted; and (c) clause (4) shall be omitted;
- After article 243S of the Constitution, the following article shall be inserted, namely:— "243SA. (1) The Mayor of every Municipality shall constitute Area Sabhas, consisting of one or more polling booths but not exceeding five, with all voters registered at the polling booth as its members and shall provide for the purposes of the Area Sabhas. (2) The Chairperson of an Area Sabha shall be directly elected by members of an Area sabha in such manner as the Mayor may, by order, specify. Amendment of article 243R. Amendment of article 243S. Insertion of new article 243SA. Constitution of Area Sabhas for one or more polling booths. 5 10 15 20 25 30 35 40 45 3 (3) The Mayor of a Metropolitan Authority shall constitute Zonal Committees for that Metropolitan Authority, consisting of two or more contiguous wards and shall provide for— (a) the manner of determining the area of jurisdiction of each Zonal Committee having regard to the population of the area, the density of the population therein and such other factors as he may deem fit; (b) membership to Zonal Committee of persons having special knowledge or experience in Municipal administration or of such other persons as he may deem fit: Provided that not less than two-thirds of the members of such Committee shall be elected members of the Metropolitan Authority from wards within that Committee; and (c) the purposes of the Zonal Committees; (4) The Chairperson of the Zonal Committee shall be elected from amongst the elected members of the Metropolitan Authority in such manner, as the Mayor may, by order, specify. 6. In article 243V of the Constitution,— (a) in clause (1), for the words "a member of a Municipality", the words "a member of a Municipality or a Mayor" shall be substituted. (b) in clause (2), for the words "for the decision of such authority and", the words "for the decision of the Governor" shall be substituted. (c) after clause (2), the following proviso shall be added at the end, namely:— "Provided that the Governor shall, before giving any decision on any such question, obtain the opinion of the State Election Commission and act according to such opinion.". 7. In article 243W of the Constitution,— (a) for the words "the Legislature of a State may, by law", the words "the Legislature of a State shall, by law" shall be substituted; (b) in clause (a) , (i) for the words "subject to such conditions as may be specified therein, with respect to", the words "including but not limited to" shall be substituted; (ii) after para (ii), the following pr
Source: http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/1731.pdf
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