MMCNPIT Act 341AChapter XXVI · Miscellaneous

Section 341A · Specification of a transitional area and incorporation of a Nagar Panchayat

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(1)

The State Government may, having regard to the factors mentioned in clause (2) of Article 243Q of the Constitution of India, specify, by notification !n the Official Gazette, an area in transition from a rural to an urban area to be a transitional area:Provided that, no such area shall be so specified as a transitional area unless, -

(a)

such area has a population of not less than ten thousand and not more than twenty-five thousand; and

(b)

such area is not more than twenty kilometers away from the territorial limits of any Municipal Corporation or a "A" Class Council and the percentage of employment in non-agricultural activities in such area is not less than twenty-five per cent; or

(c)

such area is more than twenty kilometers away from the territorial limits of any Municipal Corporation or a "A" Class Council but the percentage of employment in non-agricultural activities in such area is not less than fifty per cent.

(1A)

[ Notwithstanding anything contained in the proviso to sub-section (1), the State Government may, by notification in the Official Gazette, declare an area which is a District Headquarter or a Taluka Headquarter to be a transitional area.

(1B)

Prior to the publication of a notification under sub-section (1) or (1A), the procedure prescribed in sub-sections (3), (4) and (5) of section 3 shall mutatis mutandis be followed.] [The sub-section was inserted by Maharashtra 11 of 2002 Section 52.]

(2)

For every transitional area so specified under sub-section (1), there shall be constituted a Nagar Panchayat as provided in section 3418 which shall be known by the name of Nagar Panchayat. Every such Nagar Panchayat shall be a body corporate and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contract and may by the said name sue and be sued.

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