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1
L. A. BILL NO. XI OF 2018.
A BILL
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 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 Sixty-ninth Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1.
This Act may be called the Mumbai Municipal Corporation, the
Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships (Amendment) Act, 2018.
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
Short title.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the
15th March 2018 is published under Rule 117 of the Maharashtra Legislative Assembly
Rules :—
RNI No. MAHBIL /2009/40123
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(1)
2
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CHAPTER II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.
2.
In section 5B of the Mumbai Municipal Corporation Act (hereinafter
referred to as “the Mumbai Municipal Corporation Act”), for the first proviso,
the following proviso shall be substituted, namely :—
“Provided that, for the General or bye-elections for which the last
date of filing of nomination falls during the period commencing on the
date of commencement of the Mumbai Municipal Corporation, the
Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Amendment)
Act, 2018 and ending on the 30th June 2019, 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 :”.
3.
In section 37 of the Mumbai Municipal Corporation Act, in sub-section
(2A), for the first proviso, the following proviso shall be substituted, namely :—
“Provided that, for the elections for the office of the Mayor for which
the last date of filing of nomination falls during the period commencing
on the date of commencement of the Mumbai Municipal Corporation,
the Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Amendment)
Act, 2018 and ending on the 30th June 2019, 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:”.
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
4.
In section 5B of the Maharashtra Municipal Corporations Act
(hereinafter referred to as “ the Maharashtra Municipal Corporations Act”),
for the first proviso, the following proviso shall be substituted, namely :—
“ Provided that, for the General or bye-elections for which the last
date of filing of nomination falls during the period commencing on the
date of commencement of the Mumbai Municipal Corporation, the
Maharashtra Municipal Corporations and the Maharashtra Municipal
Amendment
of section 37
of III of
1888.
III of
1888.
Amendment
of section 5B
of III of
1888.
Mah.
of 2018.
Mah.
of 2018.
Amendment
of section 5B
of LIX of
1949.
LIX of
1949.
Mah.
of 2018.
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3
Councils, Nagar Panchayats and Industrial Townships (Amendment)
Act, 2018 and ending on the 30th June 2019, 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 : ”.
5.
In section 19 of the Maharashtra Municipal Corporations Act, in
sub-section (1B), for the first proviso, the following proviso shall be
substituted, namely :—
“Provided that, for the elections for the office of the Mayor for which
the last date of filing of nomination falls during the period commencing
on the date of commencement of the Mumbai Municipal Corporation,
the Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Amendment)
Act, 2018 and ending on the 30th June 2019, 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:”.
CHAPTER IV
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND
INDUSTRIAL TOWNSHIPS ACT, 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 ”), for the first proviso, the following proviso
shall be substituted, namely :—
“ Provided that, for the General or bye-elections for which the last
date of filing of nomination falls during the period commencing on the
date of commencement of the Mumbai Municipal Corporation, the
Amendment
of section 19
of LIX of
1949.
Mah.
of 2018.
Amendment
of section 9A
of Mah. XL of
1965.
Mah.
XL of
1965.
Mah.
of 2018.
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4
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Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Amendment)
Act, 2018 and ending on the 30th June 2019, 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 : ”.
7.
In section 51-1B of the Municipal Councils Act, for the first proviso,
the following proviso shall be substituted, namely :—
“Provided that, for the elections for the office of the President for
which the last date of filing of nomination falls during the period
commencing on the date of commencement of the Mumbai Municipal
Corporation, the Maharashtra Municipal Corporations and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships (Amendment) Act, 2018 and ending on the 30th June 2019, 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 :”.
8.
In section 341B of the Municipal Councils Act, in sub-section (4),—
(a) after the word and figure “ section 9 ” the figure and letter
“, 9A ” shall be inserted ;
(b) for the word, figures and letter “ section 51-1A ” the words, figures
and letters “ sections 51-1A and 51-1B ” shall be substituted.
Mah.
of 2018.
Amendment
of section
51-1B of
Mah. XL of
1965.
Amendment
of section
341B of
Mah. XL of
1965.
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5
STATEMENT OF OBJECTS AND REASONS.
Section 5B of the Mumbai Municipal Corporation Act (III of 1888), section
5B of the Maharashtra Municipal Corporations Act (LIX of 1949) and section
9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965), provides that, every person desirous
of contesting election to a seat reserved for person belonging to Scheduled
Castes, Scheduled Tribes or, as the case may be, Backward Classes of citizens,
shall submit, alongwith the nomination paper, Caste Certificate issued by
the Competent Authority and the Caste Certificate issued by the Scrutiny
Committee in accordance with the provisions of the Maharashtra Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
Tribes, Other Backward Classes and Special Backward Category (Regulation
of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of
2001) and the rules made thereunder.
2.
The said sections by the Maharashtra Act No. XIII of 2015, which
allows the candidates to submit the Caste Validity Certificate within six
months from the date on which they are declared elected, with a view to
allow the persons desirous of contesting election for reserved seats and who
have applied to the Caste Scrutiny Committee for obtaining Caste Validity
Certificate before the date of filing the nomination and who have not received
the validity certificate.
3.
Taking into consideration that the Caste Scrutiny Committees, which
are already overburdened, they may not issue validity certificates of the
candidates in due time and this will result in difficulties in obtaining the
Caste Validity Certificate from the Caste Scrutiny Committees.
4.
So with a view to ensure that candidates would not be deprived of
the opportunity to contest the election for the reserved posts in the ensuing
general elections or bye-elections to Municipal Corporations and Municipal
Councils, merely because of the non-issuance of the Caste Validity Certificate
by the Caste Scrutiny Committee in time, the Government considers it
expedient to make the enabling provision for the purpose during the period
commencing on the date of coming into force of the Act and ending on the
30th June 2019. Accordingly, the suitable amendments are proposed in the
section 5B of the Mumbai Municipal Corporation Act (III of 1888) and section
5B of the Maharashtra Municipal Corporations Act (LIX of 1949) and section
9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965).
5.
Similarly, for the purposes aforesaid, the Government also considers
it expedient to make similar suitable amendments in subsection (2A) of
section 37 of the Mumbai Municipal Corporation Act, sub-section (1B) of
section 19 of the Maharashtra Municipal Corporations Act, and sections
51-1B and 341B of the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships Act, 1965, so as to allow the Mayor or, as the Case
may be, the President elected against the reserved posts, to submit the Caste
Validity Certificate within six months from the date on which, they are
declared elected.
6
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6.
The existing provisions of sections 5B and 9A of the Mumbai
Municipal Corporation Act, sections 5B and 19 of the Maharashtra Municipal
Corporations Act and sections 9A and 51-1B of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships Act, 1965 to the effect
that, if the person who 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, the Mayor or the President, as the case may be, shall continue to
apply in respect of the elections covered herein.
7.
The Bill seeks to achieve the above objectives.
Mumbai,
DEVENDRA FADNAVIS,
Dated the 12th March 2018.
Chief Minister.
Vidhan Bhavan :
DR. ANANT KALSE,
Mumbai,
Principal Secretary,
Dated the 15th March 2018.
Maharashtra Legislative Assembly.
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.