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LatestLaws.com ¨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
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 1, +ÆEòú 15]
ºÉÉä¨É´ÉÉ®úú, BÊ|ɱÉú 6, 2015/SÉèjÉ 16, ¶ÉEäò 1937
[{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 31
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉvÉÒ ´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 (Amendment) Act, 2015 (Mah. Act No. X of 2015), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, M. A. SAYEED, Principal Secretary and R.L.A. to Government, Law and Judiciary Department.
MAHARASHTRA ACT No. X OF 2015. (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 ;
LIX of 1949. Mah. XL of 1965. Mah. Ord. XVIII of 2014.
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2014 on the 31st December 2014;
(1) ¦ÉÉMÉ +É`öö--31-1
LatestLaws.com 2
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 6, 2015/SÉèjÉ 16, ¶ÉEäò 1937 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 title and commencement.
1. (1) This Act may be called the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial 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 of section 5 of LIX of 1949.
2. In section 5 of the Maharashtra Municipal Corporations Act, in LIX of sub-section (3), for the portion beginning with the words elect as far as 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 of section 10 of Mah. XL of 1965.
3. In section 10 of the Maharashtra Municipal Councils, Nagar Mah. Panchayats and Industrial Townships Act,1965, for sub-section (2), the XL of 1965. following sub-section shall be substituted, namely : (2) Each of the wards shall elect only one Councillor. .
CHAPTER IV MISCELLANEOUS Power to remove difficulty.
4. (1) If any difficulty arises in giving effect to the provisions of the Maharashtra Municipal Corporations Act or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty : 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.
LIX of 1949. Mah. XL of 1965.
LatestLaws.com ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 6, 2015/SÉèjÉ 16, ¶ÉEäò 1937 Mah. Ord. XVIII of 2014.
LIX of 1949. Mah. XL of 1965.
5. (1) The Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2014, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the relevant Acts, as amended by this Act.
3 Repeal of Mah. Ord. XVIII of 2014 and saving.
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.
LatestLaws.com
☛☞✌ ☞o.✍✎✏ ✑☞✒/200✓/3552✔
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 1, +ÆEò 16]
¨ÉÆMɳý´ÉÉ®ú, BÊ|É±É 7, 2015/SÉèjÉ 17, ¶ÉEäò 1937
[ {ÉÞ¹`äö 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
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|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ 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.
By order and in the name of the Governor of Maharashtra,
M. A. SAYEED, Principal Secretary and R.L.A. to Government, Law and Judiciary Department.
✁✂✁✄✁☎✂✆✄✁ ✁✝✆ ✞o. ✟X✟✟ ✠✡ 2015. (First published, after having received the assent of the Governor in the Maharashtra Government Gazette , on the 7th April 2015). 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. III of 1888. LIXof 1949. Mah. XL of 1965.
WHEREAS it is expedient 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, for the purposes hereinafter appearing; it is hereby enacted in the Sixtysixth Year of the Republic of India as follows : (1)
¦ÉÉMÉ +É`ö----34-1
LatestLaws.com 2 Short title.
Amendment of section 5B of III of 1888.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, BÊ|É±É 7, 2015/SÉèjÉ 17, ¶ÉEäò 1937 1. This Act may be called the Maharashtra Municiapl Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2015. 2. To section 5B of the Mumbai Municipal Corporation Act (hereinafter III referred to as the Mumbai Corporation Act ), the following provisos shall be added, of 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. .
Amend3. To sub-section (2A) of section 37 of the Mumbai Corporation Act, the ment of following provisos shall be added, namely : section Provided that, for the election for the office of the Mayor for which the 37 of III last date of filing of nomination falls on or before the 31 st December 2017, a of 1888. 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 of section 5B of LIX of 1949.
4. To section 5B of the Maharashtra Municipal Corporations Act (hereinafter LIX referred to as the Maharashtra Municipal Corporations Act ), the following of 1949. provisos shall be added, 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
LatestLaws.com ¨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 of section 19 Corporations Act, the following provisos shall be added, namely : 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. XL of 1965.
6. In section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the Municipal Councils Act ), in the first proviso, for the words, figures and letters before the 31st December 2013 the words, figures and letters before the 31 st December 2017 shall be substituted.
Amendment of section 9A of Mah. XL of 1965.
7. In section 51-1B of the Municipal Councils Act, in the first proviso, for the words, figures and letters before the 31 st December 2013 the words, figures and letters before the 31st December 2017 shall be substituted.
Amendment of section 51-1B of 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.