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38. He has stated that a city is entirely a distinct concept and that it is a concept of urban local self-governance as contemplated under Article 243-Q of the Constitution of India read with corresponding municipal laws. He has further submitted that "larger urban area" or "smaller urban area" as contemplated under Section 243-Q of the Constitution of India usually encompass in their folds areas comprising of several revenue villages and talukas and even district and thus his submission is that the term "village" under Section 4 of MLRC can by no stretch of imagination or reasoning include a "city" for the reason that the context as reflected from Section 4 does not so require.

3. Specification of larger urban areas and constitution of corporations (1) The Corporation for every City constituted under this Act existing on the date of coming into force of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) of article 243-Q of the Constitution of India, shall be deemed to be a duly constituted Municipal Corporation for the larger urban area so specified forming a City, known by the name " The Municipal Corporation of the City of ............... ". (1A) The Corporation of the City of Nagpur incorporated under the City of Nagpur Corporation Act, 1948 for the larger urban area specified in the notification issued in this respect under clause (2) of article 243-Q of the Constitution of India shall, on and from the date of coming into force of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011, be deemed to have been constituted under this Act and accordingly the provisions of this Act shall apply to the area of the City of Nagpur.

(24) "municipal area" means the territorial area of a Council or a Nagar Panchayat.

3. Specification of areas as smaller urban areas (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, Mah.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 :

55. So far as the State of Maharashtra is concerned, there are three legislations, which govern the municipal institutions i.e. Basavraj Page|51 93.22-PIL+.docx urban local self-governance units and these legislations are the Maharashtra Municipal Corporations Act, 1949, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the Act of 1965) and the Mumbai Municipal Corporation Act, 1888. Necessary amendments have been made by the State Legislature in these legislations to bring the provisions of these enactments in tune with the provisions of Part - IXA of the Constitution of India. The affairs of the Aurangabad Municipal Corporation are governed by the Act of 1949, whereas the affairs of Osmanabad Municipal Council are governed by the Act of 1965. Section 2(8) of the Act of 1949, as quoted above, defines a city to mean a larger urban area specified in a Notification issued in respect thereof under Article 243-Q of the Constitution of India or under Section 3(2) of the Act of 1949. Section 3 of the Act of 1949 provides for specification of larger urban areas and constitution of corporations, according to which the Corporation of every city which was constituted under the said Act and existed on the date of coming into force the Amendment Act of 1994 and specified as larger urban area under the Notification issued under Clause (2) of Article 243-Q of the Constitution of India, Basavraj Page|52 93.22-PIL+.docx shall be deemed to be a duly constituted Municipal Corporation for the larger urban area forming a city. Sub Section (2) of Section 3 provides that State Government may notify any urban area with a population of not less than three lacs as a larger urban area. Sub Section (2) of Section 3 provides that every larger urban area shall form a city for which there shall be a Corporation.