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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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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of Mumbai Municipal Corporation, the Maharashtra Municipal Corporation and the

Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Bill,

2018 (L.A. Bill No. XI of 2018), introduced in the Maharashtra Legislative Assembly on the 15th

March 2018, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

————————

RNI No. MAHENG /2009/35528

¦ÉÉMÉ +É`ö--38-------1

(1)

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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.

2

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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.

3

¦ÉÉMÉ +É`ö--38-------2

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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.

4

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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.

5

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 15, 2018/¡òɱMÉÖxÉ 24, ¶ÉEäò 1939

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.

6

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.