Chapter II CONSTITUTION OF MUNICIPALITIES

Declaration of intention to constitute a municipal area:

1. (1) The Governor may, by notification and by such means as he may determine, declare his intention to constitute any transitional area or any smaller urban area or any larger urban area together with any village, building or land contiguous thereto to be specified in the notification, a municipal area under this Act.
2. (2) In this section, "a transitional area" "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for civic administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by notification under clause (2) of article 243Q of the constitution. Explanation- For the purposes of this Section-
   • (a) Save as may otherwise be deemed fit by the Governor, a population of not less than fifty thousand, one lakh fifty thousand and five lakhs respectively, maybe taken as sufficient population for the purpose of specifying respectively "a transitional area", "a smaller urban area" and "a larger urban area";
   • (b) the factors relating to density of population, percentage of employment in non-agricultural activities, generation of revenue for civic administration, economic importance and such other factors for the purpose of specifying, "a transitional area", "a smaller urban area" and "a larger urban area" shall be such as the Governor may, from time to time, determine;
   • (c) Every notification published under sub-section (1) shall clearly define the limits of the local area to be included in the municipality.

Publication of declaration:

1. (1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, one of which shall be in vernacular intelligible to the inhabitants of the local area concerned.
2. (2) A copy of the notification shall also be pasted up in a conspicuous place in the office of the District Magistrate, and in such other public places as the State Government may direct.

Consideration of objection: Any inhabitant of the town or local area in respect of which the notification has been published under section 3 may, if he objects to anything contained in the notification, submit his objection in writing to the State Government within one month from the date of publication in the Official Gazette, and the State Government shall take his objection into consideration on merit and decide one way or other in a reasoned order.

Constitution of municipal area: On the expiry of three months from the date of publication of the notification in the Official Gazette and after consideration of all or any of the objections which may be submitted, the Governor may, by notification, constitute such area or any specified part thereof a municipal area under this Act.

Classification of municipalities: For the purpose of application of the provisions of this Act in any notified area under section 6, as the State Government may by separate notifications, determine, there shall be-

1. (a) a Municipal Board for a specified transitional area;
2. (b) a Municipal Council for a smaller urban area, and
3. (c) a Municipal Corporation for a larger urban area.

Power to determine the number of wards in municipal areas Power to determine the number of wards in municipal areas: The State Government may, by notification, determine the number of wards in any municipal area, having regard to population, dwelling pattern, geographical condition and economic considerations of the area included in each ward: Provided that the number of wards in any municipal area shall be-

1. (a) in the case of a municipal board, not less than five but not more than nine;
2. (b) in the case of a Municipal Council, not less than eleven but not more than twenty three; and
3. (c) in the case a Municipal Corporation, not less than fifteen but not more than thirty-one.

Power to abolish or alter the limits of a municipal area: The State Government may, by notification,-

1. (a) withdraw any municipal area from the operation of this Act; or
2. (b) exclude from a municipal area any local area comprised therein and defined in the notification; or
3. (c) include within a municipal area any local area contiguous to the same and defined in the notification; or
4. (d) divide any municipal area into two or more municipal areas; or
5. (e) unite two or more municipal areas so as to form one municipal area; or
6. (f) revise the boundary of two or more contiguous municipal areas; or
7. (g) re-define the boundaries or limits of a municipal area: Provided that the procedure laid down from the constitution of a municipal area under this Act shall be followed mutatis mutandis in each case:

Power to exempt municipal area from operation of any provisions of the Act unsuited thereto Power to exempt municipal area from operation of any provisions of the Act unsuited thereto:

1. (1) The State Government may, by notification and for reasons to be recorded in writing, exempt any municipal area or municipal areas of any classification from the operation of any of the provisions of this Act considered unsuited thereto, and thereupon the said provisions shall not apply to such municipal area or municipal areas until such provisions are applied thereto by notification.
2. (2) While the exemption as aforesaid remains in force, the State Government may make rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions of this Act from the operation of which the municipal area or municipal areas as aforesaid are exempted.