Maharashtra Municipalities Act, 1965
Maharashtra Municipalities Act, 1965
Maharashtra Municipalities Act, 1965
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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 6, 2015/SÉèjÉ 16, ¶ÉEäò 1937 1
RNI No. MAHENG/2009/35528
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ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English
of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships (Amendment) Act, 2015 (Mah. Act No. X of 2015), is hereby published under the authority
of the Governor.
M. A. SAYEED,
Principal Secretary and R.L.A.
to Government,
Law and Judiciary Department.
(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 6th April 2015).
An Act further to amend the Maharashtra Municipal Corporations Act and
the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965.
WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that
circumstances existed which rendered it necessary for him to take immediate
LIX of action further to amend the Maharashtra Municipal Corporations Act and
1949.
Mah. XL the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
of 1965. Townships Act, 1965, for the purposes hereinafter appearing ; and, therefore,
Mah. Ord. promulgated the Maharashtra Municipal Corporations and the Maharashtra
XVIII of Municipal Councils, Nagar Panchayats and Industrial Townships
2014.
(Amendment) Ordinance, 2014 on the 31st December 2014;
(1)
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2
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AND WHEREAS it is expedient to replace the said Ordinance by an Act
of the State Legislature; it is hereby enacted in the Sixty-sixth Year of the
Republic of India as follows :––
CHAPTER I
PRELIMINARY
Short 1. (1) This Act may be called the Maharashtra Municipal Corporations
title and and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
commence-
ment. Townships (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 31st December 2014.
CHAPTER II
AMENDMENT TO THE MAHARASHTRA
MUNICIPAL CORPORATIONS ACT
Amendment 2. In section 5 of the Maharashtra Municipal Corporations Act, in LIX of
of section 5 sub-section (3), for the portion beginning with the words “elect as far as 1949.
of LIX of
1949.
possible” and ending with the words “as the number of Councillors to be
elected in his ward”, the words “elect only one Councillor” shall be substituted.
CHAPTER III
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS,
NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965
Amendment 3. In section 10 of the Maharashtra Municipal Councils, Nagar Mah.
of section Panchayats and Industrial Townships Act,1965, for sub-section (2), the XL of
10 of Mah. 1965.
following sub-section shall be substituted, namely :—
XL of 1965.
CHAPTER IV
MISCELLANEOUS
Power to 4. (1) If any difficulty arises in giving effect to the provisions of the
remove
Maharashtra Municipal Corporations Act or, as the case may be, the
difficulty.
Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, as amended by this Act, the State Government may, as LIX of
occasion arises, by an order published in the Official Gazette, give such 1949.
directions not inconsistent with the provisions of this Act, as may appear to Mah.
XL of
it to be necessary or expedient for the purpose of removing the difficulty : 1965.
Provided that, no such order shall be made after expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be,
after it is made, before each House of the State Legislature.
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Mah. 5. (1) The Maharashtra Municipal Corporations and the Maharashtra Repeal of
Ord. Mah. Ord.
Municipal Councils, Nagar Panchayats and Industrial Townships
XVIII of XVIII of
2014. (Amendment) Ordinance, 2014, is hereby repealed. 2014 and
(2) Notwithstanding such repeal, anything done or any action taken saving.
(including any notification or order issued) under the corresponding provisions
LIX of of the Maharashtra Municipal Corporations Act and the Maharashtra
1949. Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,
Mah.
XL of
as amended by the said Ordinance, shall be deemed to have been done, taken
1965. or issued, as the case may be, under the corresponding provisions of the
relevant Acts, as amended by this Act.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
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RNI No. MAHENG/2009/35528
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 34
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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2015 (Mah. Act No. XIII
of 2015), is hereby published under the authority of the Governor.
M. A. SAYEED,
Principal Secretary and R.L.A. to Government,
Law and Judiciary Department.
——————————
An Act further to amend the Mumbai Municipal Corporation Act, the Maharashtra Municipal
Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965.
(1)
¦ÉÉMÉ +É`ö----34-1
2
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Short title. 1. This Act may be called the Maharashtra Municiapl Corporations and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
(Second Amendment) Act, 2015.
Amendment 2. To section 5B of the Mumbai Municipal Corporation Act (hereinafter III
of section referred to as “the Mumbai Corporation Act”), the following provisos shall be added, of
5B of III of 1888.
1888.
namely:—
“Provided that, for the General or bye-elections for which the last date of
filing of nomination falls on or before the 31 st December 2017, in accordance
with the election programme declared by the State Election Commission, a
person who has applied to the Scrutiny Committee for the verification of his
Caste Certificate before the date of filing the nomination papers but who has
not received the validity certificate on the date of filing of the nomination papers
shall submit, alongwith the nomination papers,-
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of having
made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee:
Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall
be deemed to have been terminated retrospectively and he shall be disqualified
for being a Councillor.”.
Amend- 3. To sub-section (2A) of section 37 of the Mumbai Corporation Act, the
ment of following provisos shall be added, namely :—
section
37 of III “Provided that, for the election for the office of the Mayor for which the
of 1888. last date of filing of nomination falls on or before the 31 st December 2017, a
person who has applied to the Scrutiny Committee for the verification of his
Caste Certificate before the date of filing the nomination papers but who has
not received the validity certificate on the date of filing of the nomination papers
shall submit, alongwith the nomination papers,-
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of having
made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee:
Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified
for being the Mayor.”.
Amendment 4. To section 5B of the Maharashtra Municipal Corporations Act (hereinafter LIX
of section referred to as “the Maharashtra Municipal Corporations Act”), the following of
5B of LIX 1949.
provisos shall be added, namely :—
of 1949.
“ Provided that, for the General or bye-elections for which the last date of
filing of nomination falls on or before the 31 st December 2017, in accordance
with the election programme declared by the State Election Commission, a
person who has applied to the Scrutiny Committee for the verification of his
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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, BÊ|É±É 7, 2015/SÉèjÉ 17, ¶ÉEäò 1937 3
Caste Certificate before the date of filing the nomination papers but who has
not received the validity certificate on the date of filing of the nomination
papers shall submit, alongwith the nomination papers,—
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of having
made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee:
Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a Councillor.”.
5. To sub-section (1B) of section 19 of the Maharashtra Municipal Amendment
Corporations Act, the following provisos shall be added, namely :— of section 19
of LIX of
“Provided that, for the election for the office of Mayor for which the last 1949.
date of filing of nomination falls on or before the 31st December 2017, a person
who has applied to the Scrutiny Committee for the verification of his Caste
Certificate before the date of filing the nomination papers but who has not
received the validity certificate on the date of filing of the nomination papers
shall submit, alongwith the nomination papers,—
(i) a true copy of the application preferred by him to the Scrutiny
Committee for issuance of the validity certificate or any other proof of having
made such application to the Scrutiny Committee; and
(ii) an undertaking that he shall submit, within a period of six months
from the date of his election, the validity certificate issued by the Scrutiny
Committee:
Provided further that, if the person fails to produce the validity certificate
within a period of six months from the date of his election, his election shall
be deemed to have been terminated retrospectively and he shall be disqualified
for being the Mayor.”.
Mah. 6. In section 9A of the Maharashtra Municipal Councils, Nagar Panchayats Amendment
XL of and Industrial Townships Act, 1965 (hereinafter referred to as “the Municipal of section
1965. 9A of Mah.
Councils Act”), in the first proviso, for the words, figures and letters “before the
XL of 1965.
31st December 2013” the words, figures and letters “before the 31 st December 2017”
shall be substituted.
7. In section 51-1B of the Municipal Councils Act, in the first proviso, for Amendment
of section
the words, figures and letters “before the 31 st December 2013” the words, figures
51-1B of
and letters “before the 31st December 2017” shall be substituted. Mah. XL of
1965.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT
GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.