Section Statement of Objects and Reasons of The Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2023 — STATEMENT OF OBJECTS AND REASONS

To consolidate and amend the law relating to Municipalities, the Uttar Pradesh Municipalities Act, 1916 and to provide for the establishment of Municipal Corporation for certain cities in Uttar Pradesh, the Uttar Pradesh Municipal Corporation Act, 1959 has been enacted in the State of Uttar Pradesh. In the year 2017, for the urban local bodies in the State, the General Elections were held. At that time 653 municipal bodies were in existence including 16 Nagar Nigam, 199 Nagar Palika Parishads and 438 nagar Panchayats. In 2019 and 2022, new municipal bodies were created by the State Government and some bodies were merged and upgraded as a result of which presently there are 762 urban bodies including 17 Municipal Corporations, 200 Municipal councils and 545 Nagar Panchayats. Due to the expiry of the tenure of the Chairpersons of the municipal bodies elected in the general election of 2017, there was a constitutional obligation to conduct general elections of all the municipal bodies of the State at the earliest. The State Government vide notification no. 4032/9-1-2022-6-Nirva-22, dated December 28, 2022 had constituted the Uttar Pradesh State Local Bodies Dedicated Backward Classes Commission for identification of backward classes for the purpose of reservation by conducting contemporaneous, rigorous, empirical enquiry into the nature and implications of backwardness in the urban local bodies as mandated by Hon'ble Supreme Court in its judgements in Writ Petition No. 356/1994, K. Krishnamurthy Vs. Union of India; Writ Petition No. 980/2019, Vikas Kishan Rao Gawli Vs. State of Maharashtra and Writ Petition No. 278/2022, Suresh Mahajan Vs. State of Madhya Pradesh. The Dedicated Commission in its report, presented to the State Government had recommended to make changes in procedure for determination of the reservation in order to provide representation to the backward classes in the urban local bodies so that the reservation is equally distributed in each district and division of the State. In order to implement the recommendations and suggestions of the Commission it was decided to carry out necessary changes in the relevant sections of the Uttar Pradesh Municipalities Act, 1916 and the Uttar Pradesh Municipal Corporation Act, 1959. Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Municipal Local Self-Government Laws (Amendment) Ordinance, 2023 (Uttar Pradesh Ordinance no. 3 of 2023) was promulgated by the Governor on March 29, 2023. The Uttar Pradesh Municipal Local Self-Government Laws (Amedment) Bill, 2023 is introduced to replace the aforesaid Ordinance.

By order, ATUL SRIVASTAVA, Pramukh Sachiv.