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1

MAHARASHTRA ACT NO. XXI OF 2018.

(First published, after having received the assent of the Governor in the

“Maharashtra Government Gazette”, on the 20th March 2018.)

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 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.

(1)

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

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

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

Act, 2018 (Mah. Act No. XXI of 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

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2

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.

XXI

of 2018.

Mah. XXI

of 2018.

Amendment

of section 5B

of LIX of

1949.

LIX of

1949.

Mah.

XXI

of 2018.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 20, 2018/¡òɱMÉÖxÉ 29, ¶ÉEäò 1939

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.

XXI

of 2018.

Amendment

of section 9A

of Mah. XL of

1965.

Mah.

XL of

1965.

Mah.

XXI

of 2018.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 20, 2018/¡òɱMÉÖxÉ 29, ¶ÉEäò 1939

4

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.

XXI

of 2018.

Amendment

of section

51-1B of

Mah. XL of

1965.

Amendment

of section

341B 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.