(1)  The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

   (2)  As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

   (3)  The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

   (4)  Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

   (5)  Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.

   Explanation.—In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.

STATE AMENDMENT

Delhi

   In its application to the National Capital Territory of Delhi, in section 8,—

   (a)  in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof”;

   (b)  for sub-section (3), substitute the following sub-section, namely:—

   “(3)  The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area:

   Provided that—

   (a)  the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and

   (b)  the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million.”;

   (c)  after sub-section (4), insert the following sub-section, namely: —

   “(4-A)  Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pendings immediately before such division before any Magistrate or court having jurisdiction in respect of such area.”

[Vide Delhi Act 9 of 2011, s. 2]