here, find out the info about 74th amendment act,india

1. 74TH AMENDMENT ACT
DONE BY:
NISHCHLA &
SWAPNIKA

2. WHAT IS AMENDMENT OF THE
CONSTITUTION OF INDIA?
• Amendments of the Constitution of India is
the process of making changes to the
nation's fundamental law or supreme law.
• The procedure of amendment in the
constitution is laid down in Part XX (Article
368) of the Constitution of India.
74TH AMENDMENT ACT

3. WHAT IS AMENDMENT OF THE
CONSTITUTION OF INDIA?
• As of August 2015, there have been 100 amendments
to the Constitution of India since it was first enacted in
1950.
• There are two types of amendments to the
constitution which are governed by article 368:
1.The first type includes amendments that can be effected
by Parliament of India by a prescribed ‘special majority’;
and
2.The second type of amendments includes those that
require, in addition to such "special majority", ratification
by at least one half of the State Legislatures. The second
type amendments made to the constitution are
amendments 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28,
30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62,
70, 73, 74, 75, 79, 84, 88, 95 and 99
74TH AMENDMENT ACT

4. WHAT IS 74TH AMENDMENT ACT
‘74 constitutional amendment act’ 1992 is aimed
to strengthen ulbs through devolution of power
towards decentralization
The aim and objectives of 74th con. Amendment is:
1. ToSet up institutional mechanism to facilitate
decentralization
2. Demarcate role of ULBs &specify their function
3. Specify areas deemed as urban to include new
urbanizing areas.
4. Ensure representation of pubic specially depriv
ed class/woman
5. Ensure that ULBs are not superseded
74TH AMENDMENT ACT

5. WHAT IS 74TH AMENDMENT ACT
REASONS:
1. Urban areas and their governance have always been a subject
of interest and have traversed various territories, sometimes
slippery, sometimes firm, but always a matter of discussion and
a favorite of policy making.
2. Efforts have been made by the government repeatedly to
create smooth and efficient ways of managing urban affairs.
Another leap in this direction was the 74th Amendment Act of
the Constitution in 1992.
3. At that time it was considered a path breaking amendment
because it aimed at the creation of local governments and
dissolution of powers to them in the respective states.
4. It outlined a broad framework of institutions that would act as
the local governments and would ultimately bridge the gap
between the government and the governed.
5. The 73rd Amendment Act, which is known as the sister
amendment aimed at the creation of stronger, active bodies at
the local level in the rural areas.
74TH AMENDMENT ACT

6. HISTORICAL BACKGROUND OF 74TH
AMENDMENT ACT
1. The process to amend the constitution
was initiated by the then prime minister
rajiv gandhi during 1989.
2. Finally passed during December' 1992 and
effective with effect from April '1993.
3. Since the urban development is the state
subject, all the state was to enforce the
provision of above amendment through
amendment of respective bye-laws of
states within a year
74TH AMENDMENT ACT

7. 74th CAA
CONTENTS OD 74TH AMENDMENT:
ARTICLE 243 - the Indian Constitution was amended by the Constitution (7th Amendment)
Act 1956, which brought in the definitions of Panchayats and Municipalities within the ambit of
the Constitution.
Article 243 P- Metropolitan Area means an area having a population of ten lakhs or more,
comprised in one or more districts, and consisting of two or more Municipalities or Panchayats
or other contiguous areas, specified by the Governor by public notification to be a Metropolitan
Area for the purposes of this Part.
Article 243 Q - Municipal Area means the territorial area of a Municipality as is notified by
the Governor or State Government – Municipality
Article 243 S - Municipality will be divided into territorial constituencies known as Wards.
Article 243 T – SC and ST reservation according to the population - and women will be
given one-third reserved seats
Article 243 U - 5-year term to the Municipalities, with the opportunity to be heard if they
are to be dissolved or superseded
Article 243 W- lays down some of the powers and functions of the Municipalities as listed
out under the Twelfth Schedule
74TH AMENDMENT ACT

8. 74rd CAA
Accordingly, it is
proposed to add a
new part
relating to the
Urban Local Bodies in
the Constitution to
provide for-
(a) constitution of
three types of
Municipalities:
(i) Nagar Panchayats
for areas in transition
from a rural area to
urban area;
(ii) Municipal Councils
for smaller urban
areas;
(iii) Municipal
Corporations for
larger urban areas.
SAILENT FEATURES
(i) putting on a firmer footing
the relationship
between the State
Government and the Urban
Local Bodies with respect to-
(a) the functions and taxation
powers; and
(b) arrangements for revenue
sharing
(ii) Ensuring regular conduct of
elections
(iii) ensuring timely elections in
the case of supersession
(iv) providing adequate
representation for the weaker
sections like
Scheduled Castes, Scheduled
Tribes and women.
74TH AMENDMENT ACT
The broad criteria for specifying
the said areas is being provided
in the proposed article 243-0;
composition of Municipalities,
which will be decided by the
Legislature of a State, having the
following features:
(i) persons to be chosen by
direct election;
(ii) representation of
Chairpersons of Committees, if
any, at ward
or other levels in the
Municipalities;
(iii) representation of persons
having special knowledge or
experience of Municipal
Administration in Municipalities
(without voting rights);
(c) election of Chairpersons of
a Municipality in the manners
pecified in the State law;

9. (d) constitution of Committees
at ward level or other level or
levels within the territorial area
of a Municipality as may be
provided in the State law;
(e) reservation of seats in every
Municipality-
(i) for Scheduled Castes and
Scheduled Tribes in proportion
to their
population of which not less
than one-third shall be for
women;
(ii) for women <= 1/3RD of seats;
(iii) in favour of backward class
of citizens if so provided by the
Legislature of the State;
(iv) for SCS,STS and women in
the office of Chairpersons as
may be specified in the State
law;
74rd CAA
(f) fixed tenure of 5 years for the Municipality and re-
election within six months of end of tenure. If a
Municipality is dissolved before expiration of its
duration, elections to be held within a period of six
months of its dissolution;
(g) devolution by the State Legislature of powers and
responsibilities upon the Municipalities with respect to
preparation of plans for economic development and
social justice, and for the implementation of
development schemes as may be required to enable
them to function as
institutions of self-government;
(h) levy of taxes and duties by Municipalities,
assigning of such taxes and duties to Municipalities by
State Governments and for making grants-in-aid by the
State to the Municipalities as may be provided in
the State law;
74TH AMENDMENT ACT

10. 74rd CAA
(i) a Finance Commission to review the finances of the to recommend principles for-
(1) determining the taxes which may be assigned to the Municipalities;
(2) Sharing of taxes between the State and Municipalities;
(3) grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-
General of India and laying of reports before the Legislature of the State and the
Municipal Corporation concerned;
(k) making of law by a State Legislature with respect to elections to the
Municipalities to be conducted under the superintendence, direction and control of the
chief electoral officer of the State;
(l) application of the provisions of the Bill to any Union territory or part thereof with such
modifications as may be specified by the President;
(m) exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause
(2), of article 244, from the application of the provisions of the Bill. Extension of provisions of
the Bill to such areas may be done by Parliament by law;
(n) disqualifications for membership of a Municipality;
(o) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.
74TH AMENDMENT ACT

11. 74 TH CONSTITUTION AMENDMENT ACT AND
ITS IMPLICATION ON THE STATUTORY PROCESS
IN TOWN AND COUNTRY PLANNING
74TH AMENDMENT ACT

12. • First UDPFI Guidelines were prepared in 1996 in
consonance with the provisions of 74th CAA .
• Part 2 contained suggested changes required in Model
Regional and Town Planning and Development Law
(Volume 2A) and modifications in Town Planning Acts
of Maharashtra {Volume 2B) and Gujarat (Volume 2C).
• The objective of the Volume 2 A and B was to guide the
State governments to incorporate the provision
especially of preparation Metropolitan and District Plan
74TH AMENDMENT ACT
74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

13. • However, most of the State Governments did not
incorporate the provisions in the Town and Country
Planning Acts as suggested by UDPFI Guidelines,1996.
• An attempt was made under the JNNURM wherein one
of the reform was to comply with 74th CAA with
reference to constitution of both MPC and DPC.
• States have constituted MPC and DPC but without
strong professional backup for preparing both
metropolitan and district plans.
74TH AMENDMENT ACT
74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

14. • Rather ,the Acts needs reforms in view of compliance to
74th CAA and host of emerging issues which calls for
• Expeditious completion of Master Plan process Need
based and speedy change of Land use Re engineering the
overall regulatory framework. Provision for notifying the
sectoral plans.
• Urban Policies at the State level
• Constitution of State Regulatory body
74TH AMENDMENT ACT
74rd AMENDMENT ACT IN TOWN AND COUNTRY PLANNING

15. URBAN FINANACE-
DEVOLUTION OF SOURCE OF REVENUETHROUGH SFCs
1. The 74th amendment directs state governments to constitute state finance commission in
line with central finance commission once in 5 years.
2. SFCs responsibility is to decide on sharing of state's tax, duties, tolls between state and
municipalities and also distribution between municipalities of the state.
3. It would suggest for improvement in financial position.
4. Though all the states have established SFCs delay in implementation of SFCs suggestion are
observed by most of the states.
5. There is also necessity for capacity building to comply SFCs guidelines.
6. It is also important to maintain balance between the Function and Finance.
7. Many of the States are yet to adopt new approaches to levy tax etc. to improve financial
base
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

16. FUNCTIONAL DOMAIN-12™ SCHEDULE
The state legislations to assign 18 functions to ULBs as per 12th schedule related to planning,
infrastructure, public health, solid waste, fire service, environment, poverty alleviation,
amenities, culture, education, aesthetic etc. The details are narrated below:
1)Urban Planning including town planning.
2) Regulation of land use and construction of building.
3) Planning for economic and social development.
4) Roads and bridges.
5) Water supply for domestic, industrial and commercial purposes.
6) Public health, sanitation conservancy and solid waste management.
7) Fire services.
8) Urban forestry, protection of the environment and promotion of ecological aspects.
9)Safeguarding the interests of weaker sections of society, including the handicapped and
mentally retarded.
10) Slum improvement and up gradation.
11) Urban poverty alleviation.
12) Promotion of cultural, educational and aesthetic aspects.
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

17. PLANNING AT DECENTRALISED LEVEL
In order to decentralize planning activity the 74th amendment directs for formation of District
planning committee and Metropolitan planning committee
1.DISTRICT PLANNING COMMITTEE:
District planning committee is to be set up to integrate planning for urban and rural areas. 4/5th
of the representation shall be from elected members with representation from rural and urban
areas on proportionate basis. Public representatives are expected to provide real needs, fix
priorities, formulate policies of people.
The responsibility of DPC is here in under:
• To consolidate plan prepared by Panchayats and municipalities
• To prepare draft development plan considering economic development and social justice.
• To look after common interest between Panchayats and municipalities including spatial
planning.
• To look after sharing of water and physical resources
• To integrate development of infrastructure.
• To available of resources and finances.
• To promote integrated and participatory planning
• To recommend socio-economic district development plan to state
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

18. PLANNING AT DECENTRALISED LEVEL
In order to decentralize planning activity the 74th amendment directs for formation of District
planning committee and Metropolitan planning committee
1.DISTRICT PLANNING COMMITTEE:
OTHER POINTS TO REMEMER ABOUT DPC:
1. Only 10 states and 2 UTs have constituted the DPC. West Bengal, Tamilnadu,
Kerala,Karnataka, Sikkim are example. In Madhya Pradesh power of administration and
financial sanction is vested with DPC
2. The proportionate proportion of Public representatives as prescribed in the act may create
disparity in urban and rural areas as urban areas require greater attention. It is necessary
to have relationship between DPC and State planning board to make long term perspective
plan of the state. With the constitution of DPC, restructuring of state department and
agencies is needed for better planning and development under DPC. However it is
necessary to ensure that DPCs are properly equipped with professionals from various
disciplines and other resources. There must be a proper relationship and coordination
between DPCs and ULBs with respect to resource mobilisation and implementation.
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

19. 74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS
TABLE 1:STATE WISE INFORMATION ON FUNCTIONING OF DISTRICT PLANNING COMMITTEES IN
INDIA (AS ON OCTOBER 2004)

20. PLANNING AT DECENTRALISED LEVEL
In order to decentralize planning activity the 74th amendment directs for formation of District
planning committee and Metropolitan planning committee
2.METROPOLITAN PLANNING COMMITTEE:
1. Metropolitan planning committee is to be set up with the similar objectives DPCs at
metropolitan cities ( 35 Nos) having population more than 10 lacs.
2. 2/3th of the representation shall be from elected members with representation from rural
and urban areas on proportionate basis.
3. MPCs shall act with overall objectives and priorities of Gol/ State and investment need.
While only West Bengal has constituted the MPCs namely Kolkata metropolitan
Committee, Maharastra is in the process of setting up the committee.
4. With the constitution of MPC, there is a need to define role of development authorities,
state depts like roads, PHE, water supply, Housing Board. There may be also conflict
between DPC and MPC in respect of jurisdiction. Since the MPC is a new body it is required
to be equipped with professionals like town planners for preparation of spatial planning.
Most of the state is required to amend their town and country planning act
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

21. PLANNING AT DECENTRALISED LEVEL
In order to decentralize planning activity the 74th amendment directs for formation of District
planning committee and Metropolitan planning committee
2.METROPOLITAN PLANNING COMMITTEE:
As per the UDPFI guidelines formulated Govt, of India following responsibilities are made in
addition to above:
1. Formulate development goals , objective sand policies
2. Perspective plan within 5 years
3. Development plan within 2 years
4. Metropolitan area annual plan
5. Consult professional organizations like CII.FCCI for monitoring and resolve conflict.
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

22. 74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS
TABLE 2:STATE WISE COMPLIANCE OF THE 74TH AMENDMENT ACT PROVISIONS (AS ON OCTOBER
2004)

23. UPCOMING ISSUES FOR PLANNERS
• Inclusive Planning • Sustainable Habitat Parameters •
Integration of Landuse and transport at planning stage
• Norms and Standards/Zoning Regulations • Urban
Reforms • Service Level Benchmarks
• Plans like
• City Sanitation Plan
• City Drainage Plan
• Capital Investment Plan and Financial Operating Plan
• Disaster Management Plan
• Comprehensive Mobility Plan
74TH AMENDMENT ACT
74rd AMENDMENT ACT AND ITS EFECT ON URBAN INSTITITIONS

24. SOURCES
• http://indiacode.nic.in/coiweb/amend/amend74.htm
• http://moud.gov.in/legislation/constiution
• http://www.slideshare.net/umeshvarma1/municipal-structures-in-india?qid=5b15af51-6437-4db1-
b063-273f59786cbe&v=default&b=&from_search=1
• http://www.nrcddp.org/file_upload/73rd%20and%2074th%20Constitution%20Amendment%20Act
.pdf
• https://en.wikipedia.org/wiki/Municipal_governance_in_India
• http://www.yourarticlelibrary.com/constitution/74th-amendment-of-the-constitution-of-india-
summary/46678/
• http://www.preservearticles.com/2011100514743/essay-on-the-the-constitution-74th-
amendment-act.html
• http://ccs.in/internship_papers/2004/2.%2074th%20Amendment_Areeba.pdf
74TH AMENDMENT ACT
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