Laxmikanth Test: Municipality - UPSC MCQ

The correct answer is A: 1 Only.
Explanation:
1. Nagar Panchayat is for a transitional area:
- This statement is correct.
- Nagar Panchayats are established in areas that are in transition from a rural to an urban area.
- These areas have a growing population, developing economic activities, and urban characteristics.
2. Municipal Corporation is for a smaller urban area:
- This statement is incorrect.
- Municipal Corporations are established in larger urban areas with a high population density.
- They are responsible for providing basic civic amenities and infrastructure to the residents of the area.
3. Municipal Council is for a larger urban area:
- This statement is incorrect.
- Municipal Councils are established in smaller urban areas with a population between 20,000 to 3,00,000.
- They are responsible for providing civic amenities and infrastructure, but their scope and powers are lesser than those of Municipal Corporations.

1. Statement 1 is correct: All members of a municipality are indeed elected directly by the people as per Article 243C of the Constitution.

2. Statement 2 is correct: Each municipal area is divided into wards for the purpose of elections, as stated in Article 243A.

3. Statement 3 is incorrect: The state Election Commission is responsible for conducting elections for the chairperson of a municipality, as per Article 243Z.

Conclusion:

Thus, the correct answer is:

a) 1 and 2 Only.

The 74th Amendment Act of 1992, also known as the Nagarpalika Act, provides for the constitution and administration of urban local bodies, primarily municipalities, to ensure efficient and democratic governance in urban areas. However, this act does not apply to certain areas, as mentioned in the question.
The 74th Amendment Act of 1992 does not apply to:
- Scheduled Areas in the states: These are areas identified under the Fifth Schedule of the Indian Constitution, where indigenous communities with distinct customs and traditions reside. The administration in these areas is carried out with special provisions to protect the cultural and social rights of the indigenous communities.
- Tribal Areas in the states: These are areas identified under the Sixth Schedule of the Indian Constitution, where autonomous councils have been established to provide a greater degree of self-governance for the tribal communities residing in these areas.
In conclusion, the 74th Amendment Act of 1992 does not apply to both Scheduled Areas and Tribal Areas in the states.The Act does not apply to the Scheduled Areas and tribal areas in the states.

Twelfth Schedule It contains the following 18 functional items placed within the purview of municipalities

1. Urban planning including town planning;

2. Regulation of land use and construction of buildings;

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. Provision of urban amenities and facilities such as parks, gardens, playgrounds;

13. Promotion of cultural, educational and aesthetic aspects;

14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums;

15. Cattle ponds, prevention of cruelty to animals;

16. Vital statistics including registration of births and deaths;

17. Public amenities including street lighting, parking lots, bus stops and public conveniences; and

18. Regulation of slaughterhouses and tanneries.

The correct answer is C: Both 1 and 2.
Explanation:
1. Mayor's term in a Municipal Corporation:
- In a majority of the states in India, the Mayor is elected for a one-year renewable term.
- This means that the Mayor can be re-elected for consecutive terms if they continue to have the support of the council members.
2. Main function of the Mayor:
- The primary function of the Mayor is to preside over the meetings of the Municipal Corporation Council.
- The Mayor ensures that the council meetings are conducted smoothly and that all discussions and decisions are made in accordance with the rules and regulations.
- In addition to presiding over meetings, the Mayor may also have other responsibilities depending on the specific rules of the Municipal Corporation they serve.

The correct answer is A: 1 Only.
Explanation:
Municipal Commissioner in a Municipal Corporation:
- The Municipal Commissioner is the executive head of the Municipal Corporation and is responsible for the implementation of the decisions taken by the Council and its standing committees.
- The Municipal Commissioner oversees various departments within the Municipal Corporation, including public health, engineering, finance, and administration.
- The Municipal Commissioner is appointed by the state government and is responsible for ensuring that the policies and regulations set forth by the Council are implemented effectively.
Role of Mayor:
- The Mayor is the ceremonial head of the Municipal Corporation and is responsible for presiding over the meetings of the Council.
- The Mayor does not have executive powers and is not responsible for the implementation of the decisions taken by the standing committees.
- The Mayor's primary role is to provide leadership and guidance to the Council and to represent the Municipal Corporation at official functions and events.

The chairman of the council in the municipality plays a significant role in municipal administration, similar to the mayor of a Municipal Corporation. They are the pivot of the administration, providing leadership and direction to the council. The chairman also enjoys executive powers and is responsible for the day-to-day general administration of the municipality. This includes ensuring that the decisions made by the council are implemented effectively and that municipal services are provided efficiently to the citizens.

Answer: A (1 Only)
Explanation:
The Chief Executive Officer (CEO) of a municipality is responsible for the day-to-day general administration of the municipality. This includes implementing policies, managing budgets, and overseeing the work of municipal staff. The CEO also works closely with the elected officials of the municipality to develop and implement strategic plans and initiatives.
Key points about the role of a Chief Executive Officer in a municipality:
- Responsible for day-to-day general administration: The CEO ensures smooth functioning of the municipality and oversees the implementation of policies and decisions made by the elected officials.
- Appointed by the local government: Contrary to statement 2, the appointment of a CEO in a municipality is typically done by the local or state government, not the central government. The appointment process may vary depending on the jurisdiction and the specific laws governing municipalities in that area.
- Works with elected officials: The CEO works closely with the elected representatives, such as the mayor and council members, to develop and implement strategic plans for the municipality.
- Manages budgets and resources: The CEO is responsible for managing the municipality's financial resources and ensuring that budgets are allocated effectively to meet the needs of the community.
Overall, statement 1 is correct, as the CEO of a municipality is responsible for the day-to-day general administration. Statement 2 is incorrect, as the appointment of the CEO is typically done by the local or state government, not the central government.

1. It is an entirely elected body: This statement is incorrect because a Notified Area Committee is not entirely elected. Unlike a regular municipal body, a Notified Area Committee often has members who are appointed by the state government rather than being fully elected by the local population.

2. It is not a statutory body: This statement is actually correct. A Notified Area Committee is indeed not a statutory body; it is created by a notification under the law, rather than being established by a statute.

3. All the provisions of the state Municipal act apply to it: This statement is incorrect because not all provisions of the state Municipal Act apply to a Notified Area Committee. The state government can choose which provisions of the Municipal Act will apply to the Notified Area Committee. This selective application of the Act means that a Notified Area Committee does not have to follow the entire state Municipal Act as a full-fledged municipality would.

Therefore, the statements that are incorrect are: It is an entirely elected body and All the provisions of the state Municipal act apply to it.

Thus, the correct answer is: 1 and 3 Only

Key Points 

• A town area committee is set up for the administration of a small town.
• It is a semi-municipal authority and is entrusted with a limited number of civic functions like administration over drainage, roads, street lighting, and conservancy.
• It is created by a separate act of a state legislature.
• Its composition, functions and other matters are governed by the act of the respective state legislature.
• Port Trust is created by an act of Parliament.

Hence, only statement 2 is incorrect.