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State of Telangana - Section

Section 142 in Telangana Panchayat Raj Act, 2018

142. Constitution and incorporation of Mandal Praja Parishads.

(1)There shall be constituted, by the Government, by notification from time to time and with effect on and from such date, as may be specified therein, a Mandal Praja Parishad for each Mandal.
(2)Where under sub-section (2) of section 3 of the Telangana Districts (Formation) Act, 1974, (Act No.7 of 1974) a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the Mandal Praja Parishad for the re-delimited Mandal or constitute a new Mandal Praja Parishad for the new Mandal. On such reconstitution or constitution the Mandal Praja Parishad or Mandal Praja Parishads concerned functioning immediately before such reconstitution or constitution, shall stand abolished:Provided that in reconstituting the Mandal Praja Parishad the Government may direct that the President, the Vice-President or an elected member of the Mandal Praja Parishad which was functioning immediately before such redelimitation and who is otherwise qualified to hold such office in the reconstituted Mandal Praja Parishad shall be the President, Vice-President or elected member of the reconstituted Mandal Praja Parishad, as if he was elected to such office in the reconstituted Mandal Praja Parishad.
(3)Where after a Mandal Praja Parishad is constituted for a Mandal, a part of such Mandal is included in a neighbouring Municipality or Municipal Corporation, and,-
(i)in case the residuary part of the Mandal is viable for the constitution of a separate Mandal Praja Parishad, such residuary part shall be re-delimited into a separate Mandal under the Telangana Districts (Formation) Act, 1974 and a Mandal Praja Parishad shall be constituted for such newly formed Mandal and that portion of the Mandal prior to its re-delimitation which is included in the neighbouring Municipality or Municipal Corporation shall be included in an adjoining Mandal which forms part of such Municipality or Municipal Corporation; or
(ii)in case the residuary portion of the Mandal is not viable to be constituted into a separate Mandal Praja Parishad, it shall be competent for the Government,-
(a)to include such residuary portion of the Mandal in the adjoining Mandal or Mandals and abolish the Mandal Praja Parishad constituted for such Mandal; or
(b)to form a new Mandal by adding to such residuary portion, areas from the adjoining Mandal or Mandals and constitute a Mandal Praja Parishad for such new Mandal:
Provided that where a Mandal Praja Parishad is constituted under clause (i) or sub-clause (b) of clause (ii), the Government may direct that the President, Vice- President or an elected member of the abolished Mandal Praja Parishad who is otherwise qualified to hold such office in the newly constituted Mandal Praja Parishad shall be the President, Vice-President or elected member of the newly constituted Mandal Praja Parishad as if he was elected to such office in the newly constituted Mandal Praja Parishad.Explanation. - For the removal of doubts it is hereby declared, that,-
(i)the President, Vice-President or an elected member of the newly constituted Mandal Praja Parishad, continued under this sub-section, shall hold office only for the residue of the term of the President, Vice-President or an elected member of the abolished Mandal Praja Parishad:
Provided further that where a Mandal Praja Parishad is abolished under clause (a), the President, Vice-President or an elected member holding office immediately before such abolition shall unless he is continued under the foregoing proviso cease to hold their respective offices.
(4)Every Mandal Praja Parishad shall, by the name of the Mandal for which it is constituted or reconstituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.
(5)The notification under sub-section (2) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and the Government may, from time to time, amend any such notification.