Suggested Draft Bill on a Metropolitan Planning Committee for Bangalore

Parliament in its 74th Amendment Act, 1992 of the Constitution of India– with effect from 1-6-1993, inserted Part IX-A, which is a comprehensive amendment introducing Art 243P to 243ZG. The 73rd amendment is also covered under Art 243.

The uniqueness of these two amendments are that the Constitution recognizes - in the 73rd -definition of ‘”Panchayat” as constituted under Art 243-B for the rural areas and in the 74th “Municipality” constituted under Article 243-Q. It is worth noticing that before these two amendments came into existence, the Panchayat or Municipality constituted were not under Article 243. Hence there is a compelling need to comply with this mandate.

The Panchayats in the intermediate Level may not be constituted in a State having population not exceeding 20 lakhs.. Metropolitan areas can only constituted in an area having a population of 10 lakhs or more in a contiguous area, comprised either Municipalities or Nagar Panchyats or Municipal Corporations.

In an area where the population is not less than 10 lakhs, the possibilities of declaring more than one “Metropolitan Area” or the possibility of a Nagar Panchayat, a Municipal Council, a Municipal Corporation or any part of these entities co-existing either jointly or severally is not ruled out. Industrial Township or Military Cantonments , depending on certain conditions could also co-exist butnot be a part of Metropolitan Area.

Reservation of Seats in the Metropolitan Planning Committee is not contemplated, since this has already been taken care of at the time of election to all the concerned local bodies. However at the time of Elections to Municipality/Panchayat, during December 2009 onwards will be subject to Art.334 of the Constitution.