Section 3 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
3. [Specification of areas as smaller urban areas] [The marginal note was substituted by Maharashtra 41 of 1995, Section 109(c).].
- [(1) A council for every municipal area existing on the date of coming into force of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994, Maharashtra XLI of 1994, specified as a smaller urban area in a notification issued under clause (2) of Article 243-Q of the Constitution of India in respect thereof, shall be deemed to be a duly constituted Municipal Council known by the name .......... Municipal Council.(2)Save as provided in sub-section (1), the State Government may, having regard to the factors mentioned in clause (2) of Article 243-Q of the Constitution of India, specify, by notification in the Official Gazette, any local area as a smaller urban area:Provided that no such area shall be so specified as a smaller urban area unless the State Government, after making such inquiry as it may deem fit is satisfied that, -(a)the population of such area is not less than 25,000; and(b)the percentage of employment in non-agricultural activities in such area is not less than thirty-five per cent.(2A)For every smaller urban area so specified by the State Government under sub-section (2), there shall be constituted a Municipal Council known by the name ............................ Municipal Council.] [Sub-sections (1), (2), and (2A) were substituted by Maharashtra 41 of 1994, Section 109(a).](3)Before the publication of a notification under [sub-section (2)] [These words were substituted by Maharashtra 41 of 1994, Section 109(c).], the State Government shall cause to be published in the Official Gazette, and also in at least one newspaper circulating in the area to be specified in the notification, a proclamation announcing the intention of Government to issue such notification, and inviting all persons who entertain any objection to the said proposal to submit the same in writing with the reasons therefor, to the Collector of the District within [not less than thirty days] [These words were substituted for the words 'two months' by Maharashtra 8 of 2002, Section (w.e.f. 16-10-2001).] from the date of the publication of the proclamation in the Official Gazette.Copies of the proclamation in Marathi shall also be posted in conspicuous places in the area proposed to be declared as a municipal area.(4)The Collector shall, with all reasonable despatch, forward any objection so submitted to the State Government.(5)No such notification as aforesaid shall be issued by the State Government unless the objections, if any, so submitted are in its opinion insufficient or invalid.
