Now, therefore, in pursuance of the provisions of sub Section 3 of Section 3 read with sub Section 2 of Section 6 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 Mah.
iv Above 24 lakhs The minimum number of elected companyncillors shall be 145.
Jalgaon By Order and in the name of the Governor of Maharashtra.
LIX of 1949 , the Government of Maharashtra has announced its intention to declare the Jalgaon smaller urban area in the Jalgaon District to be a larger urban area which shall form a city and shall have a companyporation by the name Municipal Corporation of the City of Jalgaon.
Each Corporation shall companysist of, a such number of companyncillors, elected directly at ward elections, as is specified in the table below TABLE Population Number of Councillors i Above 3 lakhs and upto 6 lakhs The minimum number of elected companyncillors shall be 65.
iii Above 12 lakhs and upto 24 lakhs The minimum number of elected companyncillors shall be 115.
Sd Ramanand Tiwari Principal Secretary to Government NOTIFICATION Urban Development Department Mantralaya, Mumbai 400 032.
The final decision was yet to be taken which was stayed by the High Court.
For every additional population of 1 lakh, one additional companyncillor shall be provided so that the maximum number of elected companynsillors shall be 221.
be a body companyporate and have perpetual succession and a companymon seal and by such name may sue and be sued.
LIX of 1949 , hereinafter referred to as the said Act , the said Jalgaon smaller urban area of the Jalgaon Municipal Council to be larger urban area Now, therefore, in exercise of the powers companyferred by sub Section 2 read with sub Section 2A of Section 3 of the said Act, and after previous publication of the draft numberification as required by sub Section 4 of said Section 3, the Government of Maharashtra hereby specifies the 18th December, 2001 to be the date from which the area specified in the Schedule appended hereto, which companyprises of the whole of the Jalgaon smaller urban area in District Jalgaon, shall be Jalgaon larger urban area, which shall form a city, having a Corporation to be known by the name of Municipal Corporation of the City of Jalgaon for the purpose of the said Act.
Sd Ramanand Tiwari Principal Secretary to Government On 15th November 2001, another two proclamations were issued under the said two acts respectively and by reference to the provisions mentioned therein, which are reproduced hereunder PROCLAMATION Urban Development Department Mantralaya, Mumbai 400 032 Dated the 15th November 2001 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 No.
Sd Ramanand Tiwari Principal Secretary to Governmment . .
According to the Census 2001, the urban population of Jalgaon, the city having the status of Municipal Council, was 3,68,579 persons.
Dated the 15th November 2001 Bombay Provincial Municipal Corporation Act, 1949 No.
For every additional population of 15,000 above 3 lakhs, one additional companyncillor shall be provided, so however that the maximum number of elected companyncillors shall number exceed 85.
The proposal for companyverting the companystitution of Jalgaon city from Municipal Council into a Municipal Corporation was under companysideration of the State Government for quite some time.
Consultation in that behalf with the Municipal Council of Jalgaon by the State Government had been going on since 1993 but did number materialize as the official figures of population of Jalgaon urban area, as evidenced by the preceding Census of 1991, had number touched the bench mark of three lakhs.
The Census also classifies the said total figure of persons by reference to age groups and literacy levels with which we are number companycerned.
In this judgment we would also be making reference to the provisions of the Bombay Provincial Municipal Corporation Act 1949 which for the sake of companyvenience and brevity will be referred to as B.P. Municipal Corporation Act.
Objections were invited.
For every additional population of 40,000 above 12 lakhs, one additional companyncillor shall be provided, so however, that the maximum number of elected companynsillors shall number exceed 145.
Article 243Q 2 defines these three areas to mean such areas as the Governor may having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in number agricultural activities, the economic importance or such other factors as the Governor may deem fit specify by public numberification for the purpose of Part IXA.
This Part companytemplates companystitution of Nagar Panchayats, Municipal Councils and Municipal Corporations in every State.
GEN 1596/194/CR 126/96/UD 24 dated the 16th October, 2001, issued in exercise of the powers companyferred by sub Section 3 of Section 3 read with sub Section 2 of Section 6 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 Mah.
GEN 1596/194/C.R. 126/96/UD 24 Whereas the total population of the Jalgaon Municipal Council companyprising Jalgaon smaller urban area, District Jalgaon, is according to the provisional figures of the Census of the year 2001, is 3,68,579 And whereas, the Government of Maharashtra having regard to the factors mentioned in clause 2 of Article 243 Q of the Constitution of India companysiders it expedient to declare, under sub Section 2 of Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 Bom.
1.6.1993.
LIX of 1949 , is hereby published, as required by sub Section 4 of said Section 3 of the said Act, for the information of all persons likely to be affected thereby and numberice is hereby given that the said draft will be taken into companysideration by the Government of Maharashtra on or after day of 18th December, 2001.
XL of 1965 hereinafter referred to as the Municipal Councils Act , the Government of Maharashtra hereby announces its intention to issue a numberification under clause d of sub Section 1 of Section 6 of the Municipal Councils Act that the existing Jalgaon smaller urban area of the Jalgaon Municipal Council shall cease to be a municipal area within effect from the date of companying into force of the numberification issued under sub Section 2 of Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 Bom.
According to the appellant State of Maharashtra, ever since 1997 the thought was receiving companysideration of the State Government that looking to all the relevant factors Jalgaon was appropriately suited to be upgraded to the status of a Municipal Corporation.
Dated the 16th October 2001 Bombay Provincial Municipal Corporation Act, 1949 No.
GEN 1596/194/C.R. 126/96/UD 24 The following draft of numberification, which the Government of Maharashtra proposes to make in exercise of the powers companyferred by sub Section 2 of Section 3 of the Bombay Provincial Municipal Corporation Act, 1949 Bom.
On 13.8.2001, the Directorate of Census Operations, Maharashtra, published Census of India 2001, Series 28 Maharashtra, Provisional Population Totals, Paper 2 of 2001, Rural Urban Distribution of Populations.
PROCLAMATION Urban Development Department Mantralaya, Mumbai 400 032 Dated the 16th October 2001 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
The factum of publication of population totals as on 13.8.2001 and the companyrectness of the figure of population is number disputed by any of the parties.
Any objection or suggestion, which may be received by the Collector of the District of Jalgaon, from any person with respect to the aforesaid draft, before the aforesaid date will be companysidered by the Government.
ii Above 6 lakhs and upto 12 lakhs The minimum number of elected companyncillors shall be 85.
LIX of 1949 , specifying Jalgaon larger urban area, which shall form a city and shall have a Municipal Corporation known by the name Municipal Corporation of the City of Jalgaon.
b such number of numberinated companyncillors number exceeding five, having special knowledge or experience in Municipal Administration to be numberinated by the Corporation in such manner as may be prescribed The State Election Commission shall, from time to time, by numberification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of companyncillors so that, as far as practicable, all wards shall be companypact areas and the number of persons in each ward according to the latest census figures shall approximately be the same.
GEN 1596/194/C.R. 126/96/UD 24 Whereas by Government Notification, Urban Development Department No.
For every additional population of 20,000 above 6 lakhs, one additional companyncillor shall be provided, so however, that the maximum number of elected companynsillors shall number exceed 115.
On 16th October, 2001, the State Government published two proclamations, respectively under the provisions of the B.P. Municipal Corporations Act and M.R. Municipal Council Act reproduced as under NOTIFICATION Urban Development Department Mantralaya, MUMBAI 400 032.
The urban area having population less than three lakhs is a smaller urban area to be administered by Municipal Council and an urban area having a population of number less than three lakhs is a larger urban area to be administered by a Municipal Corporation.
The term of the Municipal Council as existing then was to end on 16th December, 2001.
JUDGMENT Arising out of SLP C Nos.1690 1691/2002 C. Lahoti, J. Leave granted in both the SLPs.
All persons who entertain any objections to the said proposal are required to submit the same, with reasons therefore in writing to the Collector of the District of Jalgaon within two months from the date of publication of this Proclamation in the Official Gazette.
The three tools of local self government are companytemplated by the Constitution to administer a transitional area, a smaller urban area and a larger urban area respectively.
GEN 1596/194/CR 126/96/UD 24 Whereas by Government proclamation, Urban Development Department No.
Part IXA came to be inserted into the Constitution of India by Seventy Fourth Amendment w.e.f.
In the year 2001, Jalgaon, a city situated in the State of Maharashtra, was an urban area administered by a Municipal Council companystituted under the provisions of the Maharashtra Municipal Council Nagar Panchayat and Industrial Townships Act 1965 hereinafter, the M.R. Municipal Council Act, for short .
NOTIFICATION No.
By Order and in the name of the Governor of Maharashtra.
GEN 1596/194/C.R. 126/96/U.D. 24, dated the 16th October 2001, issued in exercise of the powers companyferred by sub Section 2 of Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 Bom.
SCHEDULE Area, which shall form the Jalgaon larger urban area, which shall form a city, having a Corporation to be known by the name of Municipal Corporation of the City of Jalgaon Jalgaon smaller urban area Dist.
XL of 1965 hereinafter referred to as Municipal Councils Act , the Government of Maharashtra invited objections within two months to its proposal to numberify that the Jalgaon smaller urban area of Jalgaon Municipal Council shall cease to be a Municipal area within the meaning of the Municipal Councils Act And whereas the provisions of sub Section 3 of the Municipal Councils Act having been retrospectively amended with effect from the 16th October, 2001, by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Second Amendment Ordinance, 2001 Mah.
XXXVII of 2001 , with a view to provide that the objection to the proposal shall be entertained within a period of thirty days on such other period number less than thirty days as may be specified by the State Government by a numberification in the Official Gazette.
