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The Maharashtra Municipalities Act, 1965

Act 40 of 1965

Keyword(s):Building, Cesspool, Council, Councillor, Director, Drain, Eating House,Election, Factory, Food, Goods, House-Drain, House-Gully, Land, LodgingHouse, Market, Milk, Municipal Area, Health Resort Municipal Area,Municipal Market, Nuisance, Occupier, Octroi

Amendments appended: 20 of 1980, 12 of 1981, 3 of 1985, 12 of 1990, 13 of1990, 33 of 1990, 43 of 2000, 8 of 2002, 11 of 2002, 16 of 2004, 15 of 2007, 34of 2014, 10 of 2015, 13 of 2015

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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 andthe 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 thatcircumstances existed which rendered it necessary for him to take immediateaction further to amend the Maharashtra Municipal Corporations Act andthe Maharashtra Municipal Councils, Nagar Panchayats and IndustrialTownships Act, 1965, for the purposes hereinafter appearing ; and, therefore,promulgated the Maharashtra Municipal Corporations and the MaharashtraMunicipal Councils, Nagar Panchayats and Industrial Townships(Amendment) Ordinance, 2014 on the 31st December 2014;

LIX of1949.

Mah. XLof 1965.

Mah. Ord.XVIII of

2014.

RNI No. MAHENG/2009/35528

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 31

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxɨɽþÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉvÉÒ ´É xªÉɪÉ

ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in Englishof the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats andIndustrial Townships (Amendment) Act, 2015 (Mah. Act No. X of 2015), is hereby published under the authorityof 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.

¦ÉÉMÉ +É`öö--31-1(1)

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AND WHEREAS it is expedient to replace the said Ordinance by an Actof the State Legislature; it is hereby enacted in the Sixty-sixth Year of theRepublic of India as follows :––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Maharashtra Municipal Corporationsand the Maharashtra Municipal Councils, Nagar Panchayats and IndustrialTownships (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

2. In section 5 of the Maharashtra Municipal Corporations Act, insub-section (3), for the portion beginning with the words “elect as far aspossible” and ending with the words “as the number of Councillors to beelected 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

3. In section 10 of the Maharashtra Municipal Councils, NagarPanchayats and Industrial Townships Act,1965, for sub-section (2), thefollowing sub-section shall be substituted, namely :—

“(2) Each of the wards shall elect only one Councillor.”.

CHAPTER IV

MISCELLANEOUS

4. (1) If any difficulty arises in giving effect to the provisions of theMaharashtra Municipal Corporations Act or, as the case may be, theMaharashtra Municipal Councils, Nagar Panchayats and IndustrialTownships Act, 1965, as amended by this Act, the State Government may, asoccasion arises, by an order published in the Official Gazette, give suchdirections not inconsistent with the provisions of this Act, as may appear toit 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 twoyears 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.

Shorttitle and

commence-ment.

LIX of1949.

Amendmentof section 5

of LIX of1949.

Mah.XL of1965.

Amendmentof section

10 of Mah.XL of 1965.

LIX of1949.Mah.XL of1965.

Power toremove

difficulty.

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5. (1) The Maharashtra Municipal Corporations and the MaharashtraMunicipal 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 provisionsof the Maharashtra Municipal Corporations Act and the MaharashtraMunicipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,as amended by the said Ordinance, shall be deemed to have been done, takenor issued, as the case may be, under the corresponding provisions of therelevant Acts, as amended by this Act.

Repeal ofMah. Ord.XVIII of2014 andsaving.

Mah.Ord.

XVIII of2014.

LIX of1949.Mah.

XL of1965.

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.

IIIof 1888.

LIXof1949.Mah.XL of1965.

MAHARASHTRA ACT No. XIII OF 2015.

(First published, after having received the assent of the Governor inthe “ 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.

WHEREAS it is expedient further to amend the Mumbai MunicipalCorporation Act, the Maharashtra Municipal Corporations Act and theMaharashtra Municipal Councils, Nagar Panchayats and Industrial TownshipsAct, 1965, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-sixth Year of the Republic of India as follows :—

(1)¦ÉÉMÉ +É`ö----34-1

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 34

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translationin English of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2015 (Mah. Act No. XIIIof 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.

——————————

RNI No. MAHENG/2009/35528

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1. This Act may be called the Maharashtra Municiapl Corporations and theMaharashtra Municipal Councils, Nagar Panchayats and Industrial Townships(Second Amendment) Act, 2015.

2. To section 5B of the Mumbai Municipal Corporation Act (hereinafterreferred to as “the Mumbai Corporation Act”), the following provisos shall be added,namely:—

“Provided that, for the General or bye-elections for which the last date offiling of nomination falls on or before the 31st December 2017, in accordancewith the election programme declared by the State Election Commission, aperson who has applied to the Scrutiny Committee for the verification of hisCaste Certificate before the date of filing the nomination papers but who hasnot received the validity certificate on the date of filing of the nomination papersshall submit, alongwith the nomination papers,-

(i) a true copy of the application preferred by him to the ScrutinyCommittee for issuance of the validity certificate or any other proof of havingmade such application to the Scrutiny Committee; and

(ii) an undertaking that he shall submit, within a period of six monthsfrom the date of his election, the validity certificate issued by the ScrutinyCommittee:

Provided further that, if the person fails to produce the validity certificatewithin a period of six months from the date of his election, his election shallbe deemed to have been terminated retrospectively and he shall be disqualifiedfor being a Councillor.”.

3. To sub-section (2A) of section 37 of the Mumbai Corporation Act, thefollowing provisos shall be added, namely :—

“Provided that, for the election for the office of the Mayor for which thelast date of filing of nomination falls on or before the 31st December 2017, aperson who has applied to the Scrutiny Committee for the verification of hisCaste Certificate before the date of filing the nomination papers but who hasnot received the validity certificate on the date of filing of the nomination papersshall submit, alongwith the nomination papers,-

(i) a true copy of the application preferred by him to the ScrutinyCommittee for issuance of the validity certificate or any other proof of havingmade such application to the Scrutiny Committee; and

(ii) an undertaking that he shall submit, within a period of six monthsfrom the date of his election, the validity certificate issued by the ScrutinyCommittee:

Provided further that, if the person fails to produce the validity certificatewithin a period of six months from the date of his election, his election shall bedeemed to have been terminated retrospectively and he shall be disqualifiedfor being the Mayor.”.

4. To section 5B of the Maharashtra Municipal Corporations Act (hereinafterreferred to as “the Maharashtra Municipal Corporations Act”), the followingprovisos shall be added, namely :—

“ Provided that, for the General or bye-elections for which the last date offiling of nomination falls on or before the 31st December 2017, in accordancewith the election programme declared by the State Election Commission, aperson who has applied to the Scrutiny Committee for the verification of his

Short title.

Amendmentof section

5B of III of1888.

IIIof1888.

Amend-ment ofsection

37 of IIIof 1888.

Amendmentof section5B of LIX

of 1949.

LIXof1949.

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Caste Certificate before the date of filing the nomination papers but who hasnot received the validity certificate on the date of filing of the nominationpapers shall submit, alongwith the nomination papers,—

(i) a true copy of the application preferred by him to the ScrutinyCommittee for issuance of the validity certificate or any other proof of havingmade such application to the Scrutiny Committee; and

(ii) an undertaking that he shall submit, within a period of six monthsfrom the date of his election, the validity certificate issued by the ScrutinyCommittee:

Provided further that, if the person fails to produce the validity certificatewithin a period of six months from the date of his election, his election shall bedeemed to have been terminated retrospectively and he shall be disqualified forbeing a Councillor.”.

5. To sub-section (1B) of section 19 of the Maharashtra MunicipalCorporations Act, the following provisos shall be added, namely :—

“Provided that, for the election for the office of Mayor for which the lastdate of filing of nomination falls on or before the 31st December 2017, a personwho has applied to the Scrutiny Committee for the verification of his CasteCertificate before the date of filing the nomination papers but who has notreceived the validity certificate on the date of filing of the nomination papersshall submit, alongwith the nomination papers,—

(i) a true copy of the application preferred by him to the ScrutinyCommittee for issuance of the validity certificate or any other proof of havingmade such application to the Scrutiny Committee; and

(ii) an undertaking that he shall submit, within a period of six monthsfrom the date of his election, the validity certificate issued by the ScrutinyCommittee:

Provided further that, if the person fails to produce the validity certificatewithin a period of six months from the date of his election, his election shallbe deemed to have been terminated retrospectively and he shall be disqualifiedfor being the Mayor.”.

6. In section 9A of the Maharashtra Municipal Councils, Nagar Panchayatsand Industrial Townships Act, 1965 (hereinafter referred to as “the MunicipalCouncils Act”), in the first proviso, for the words, figures and letters “before the31st December 2013” the words, figures and letters “before the 31st December 2017”shall be substituted.

7. In section 51-1B of the Municipal Councils Act, in the first proviso, forthe words, figures and letters “before the 31st December 2013” the words, figuresand letters “before the 31st December 2017” shall be substituted.

Mah.XL of1965.

Amendmentof section 19of LIX of1949.

Amendmentof section9A of Mah.XL of 1965.

Amendmentof section51-1B ofMah. XL of1965.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED ATGOVERNMENT 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.