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1
MAHARASHTRA ACT No. XXV OF 2018.
(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 31st March 2018.)
An Act further to amend the 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 that
circumstances existed which rendered it necessary for him to take
immediate action further to amend the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965, for the purposes
hereinafter appearing ; and, therefore, promulgated the Maharahstra
Municipal Council, Nagar Panchayats and Industrial Townships
(Amendment) Ordinance, 2018, on the 25th January 2018;
AND WHEREAS it is expendient to replace the said Ordinance by an
Act of the State Legislature; it is hereby enacted in the Sixty-ninth Year
of the Republic of India as follows :—
Mah.
Ord. IV
of 2018.
Mah.
XL of
1965.
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ʴɦÉÉMÉÉEòbÚ÷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 Council Nagar Panchayats and Industrial Townships
(Amendment) Act, 2018 (Mah. Act No. XXV 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
(1)
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1.
(1) This Act may be called the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships (Amendment) Act, 2018.
(2) It shall be deemed to have come into force on the 25th January 2018.
2.
In section 2 of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as
“the principal Act”),—
(a) after clause (9), the following clause shall be inserted,
namely :—
“(9A) “District Administration Officer (DAO)” means the officer
appointed as a District Administration Officer by the Government,
for the purposes of this Act;” ;
(b) after clause (22), the following clause shall be inserted,
namely :—
“(22A) “Meeting Superintendent” means the officer or the
person designated as a Meeting Superintendent by the Chief Officer
for the purpose of maintaining proceedings of the Council and
Committees and responsible for receiving the proposals as per
section 83A ;”.
3.
In section 55 of the principal Act, for the existing proviso, the
following proviso shall be substituted, namely :—
“ Provided that, no such resolution under this sub-section shall be
moved within a period of one year from the date of the election of the
President. For the removal of the President directly elected under section
51A-1A, the provisions of section 55-1 shall apply.”.
4.
For section 55-1 of the principal Act, the following section shall be
substituted, namely :—
“55-1.
(1) The requisition for removal of the President directly
elected under section 51A-1A shall be signed by not less than one half of
the total number of Councillors and shall contain the charges of
misconduct against such President and shall be sent to the Collector :
Provided that, no such requisition shall be sent within a period of
two and half years from the date of election of such President.
(2) Upon receipt of the requisition under sub-section (1), the Collector
shall conduct the enquiry of such charges and complete such enquiry
within a period of one month from the date of receipt of the requisition :
Provided that, in no case such period of enquiry shall be extended
beyond three months and for such extended period, prior assent of the
State Government shall be obtained by the Collector, if the enquiry
proceeding is delayed due to unavoidable reasons.
(3) The Collector shall submit the findings of the enquiry to the
Government for taking appropriate action under section 55A.”.
Short title
and
commence-
ment.
Amendment
of section 2 of
Mah. XL of
1965.
Amendment
of section 55
of Mah. XL of
1965.
Substitution
of section
55-1 of Mah.
XL of 1965.
Removal of
President
directly
elected under
section 51A-
1A.
Mah. XL
of 1965.
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5.
In section 55A of the principal Act, after the existing proviso, the
following proviso shall be added, namely :—
“Provided further that, the Government shall take a decision on
the report submitted by the Collector under section 55-1, within a period
of six months from the date of receipt of the report.”.
6.
In section 58 of the principal Act,—
(a) in sub-section (1),—
(i) clause (b) shall be deleted;
(ii) clause (d) shall be deleted;
(iii) clause (e) shall be deleted;
(b) after sub-section (1), the following sub-section shall be inserted,
namely :—
“(1A) Subject to the provisions of this Act and of any rules and
bye-laws framed thereunder, the President directly elected under
section 51A-1A shall have power to give the financial sanction to
such proposal of development works as may be prescribed by the
State Government, from time to time and development works out
of grants received from the State Government, when there are no
specific instructions regarding financial approval and the Council
has discretion to select the work.”.
7.
In section 74 of the principal Act,—
(a) in sub-section (3), for the words “Assistant and Deputy
Collector” the words “District Administration Officer” shall be
substituted;
(b) in sub-section (4), for the words “the Assistant and Deputy
Collectors” the words “the District Administration Officer” shall be
substituted.
8.
In section 75 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely :—
“(1) There shall be a Chief Officer for every Council who shall be
an officer deputed by the State Government to the Municipal Council
from the cadre of Chief Officers or any other officer holding equivalent
post in the State Government appointed on deputation.”.
9.
In section 77 of the principal Act,—
(a) in sub-section (1),—
(i) in clause (a), the words “subject to the control, direction and
supervision of the President,” shall be deleted ;
(ii) after clause (a), the following clause shall be inserted,
namely :—
“(aa) act as the Government representative for
implementation of all Government policies, schemes and
programs and shall take all necessary steps and shall be
responsible for implementation of the Central Government and
the State Government schemes, and shall implement the
directions issued by the Government, from time to time;”;
Amendment
of section 55A
of Mah. XL of
1965.
Amendment
of section 58
of Mah. XL of
1965.
Amendment
of section 74
of Mah. XL of
1965.
Amendment
of section 75
of Mah. XL of
1965.
Amendment
of section 77
of Mah. XL of
1965.
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(iii) for clause (b), the following clause shall be substituted,
namely :—
u(b) as Government representative, be responsible to give
effect to the decisions or resolutions of the Council :
Provided that, if any decision or resolution is against or in
violation of provisions of this Act or any other law, any
Government policy, rules, bye-laws or directions issued by the
Government, then it shall be his responsibility to submit such
a decision or resolution to the Collector under section 308
within three days;”;
(iv) in clause (f), for the words “report to the President”
the words “report to the Government, Director, President” shall
be substituted;
(b) in sub-section (2),—
(i) the words “with the sanction of the President” shall be
deleted;
(ii) for the proviso, the following proviso shall be substituted,
namely :––
“ Provided that, such delegation shall be subject to the control
and revision by the Chief Officer.”.
10.
In section 81 of the principal Act,—
(a) in sub-section (1),—
(i) for the words “an ordinary meeting shall be held once in two
months” the words “an ordinary meeting shall be held once in every
month” shall be substituted ;
(ii) for the words “first such meeting shall be held within two
months” the words “first such meeting shall be held within one
month” shall be substituted ;
(iii) for the words “each succeeding ordinary meeting shall be
held within two months” the words “each succeeding ordinary
meeting shall be held within one month” shall be substituted;
(b) in sub-section (4), in clause (a), for the words “and posted up at
the Municipal Office” the words “and posted up at the Municipal Office
and the official website of the Council or Nagar Panchayat” shall be
substituted;
(c) in sub-section (9), in clause (b),—
(i) after the words “at the Municipal Office” the words “and the
official website of the Council or Nagar Panchayat” shall be inserted;
(ii) the following proviso shall be added, namely :—
“Provided that, all proposals of the Councillors on the agenda
of meeting should have detailed remarks of the Chief Officer of the
Council or Nagar Panchayat.”;
(d) in sub-section (12),—
(i) for the words “The minutes shall be signed as soon as
practicable” the words “The minutes shall be signed within seven
days” shall be substituted;
(ii) for the words “by any inhabitant of the municipal area” the
words “by any inhabitant of the municipal area and the resolutions
shall be published on the official website of the Council and the
official website of the Director” shall be substituted.
Amendment
of section 81
of Mah. XL of
1965.
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11.
For section 83 of the principal Act, the following section shall be
substituted, namely :—
“83. (1) The Chief Officer shall have the same right of being present
at a meeting of the Council and of taking part in the discussions thereat
as a Councillor and, with the permission of the presiding authority, may
at any time make a statement or explanation of facts, but he shall not be
at liberty to vote upon, or to make, any proposition at such meeting.
(2) The Council may require any of its officers to attend any meeting
or meetings of the Council at which any matter dealt with by such officer
in the course of his duties is being discussed; when any officer is thus
required to attend any such meeting, he may be called upon to make a
statement or explanation of facts or supply such information in his
possession relating to any matter dealt with by him as the Council may
require.
(3) The Chief Officer shall have the same right of being present at a
meeting of the Standing Committee or of a Subject Committee and of
taking part in the discussions thereat as a member of the said Committee,
but he shall not be at liberty to vote upon or make any proposition at
such meeting.
(4) The Chief Officer and in his absence any other Officer authorized
by him in this behalf shall have the same right of being present at a
meeting of the Council, Standing Committee or of a Subject Committee
and of taking part in the discussion thereat as a member of the said
Committee, but shall not be at liberty to vote upon or make any
proposition at such meeting.
(5) It shall be the duty of the Chief Officer to bring to the notice of
the Council, the provisions of this Act and of other laws, any Government
policy, rules, bye-laws, or directions issued by the Government and he
is further duty bound to send the resolution to the Collector under
section 308, if Council resolves contrary.”.
12.
For section 83A of the principal Act, the following section shall be
substituted, namely :—
“83A.
(1) (a) Where, any proposal of the Chief Officer requires
previous sanction or approval of the Council or the Committee, the
Council or the Committee shall consider and dispose of any such proposal
of the Chief Officer, within thirty days reckoned from the date of the
meeting of the Council or the Committee held immediately after the
proposal is received by the Meeting Superintendent, whether the item
pertaining to such proposal is taken on the agenda of the meeting or
not.
(b) The Chief Officer shall send any proposal to the Meeting
Superintendent which requires previous approval of the Council, or the
Committee, as the case may be, and the Meeting Superintendent shall
immediately place the same before the President or the Chairman of
the concerned Committee.
(2) (a) If the Council or the Committee fails to take the decision
within the period specified in sub-section (1), then the President or the
Chairman of the concerned Committee shall decide the proposal within
Substitution
of section 83
of Mah. XL of
1965.
Proceedings of
the Council,
Standing
Committee,
etc.
Substitution
of section 83A
of Mah. XL of
1965.
Deemed
sanction.
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seven days after the expiry of the said period. The decision given by the
President or the Chairman of the concerned Committee on such proposal
shall be deemed to have been given by the Council or the concerned
Committee :
Provided that, any such deemed sanction or approval shall be
restricted to the extent the proposal conforms to the existing provisions
of this Act or any other law, for the time being in force.
(b) If the President or the Chairman of the Committee fails to take
the decision within the period specified in clause (a) above or, the Council,
the Committee or the President, as the case may be, the Chairman of
the Committee rejects such proposal, which is recommended by the Chief
Officer as per the directions of the Government, then the Chief Officer
shall be empowered to give effect to such proposal and submit a report
about the same to the Government, within three days.”.
13.
In section 93 of the principal Act,—
(a) in sub-section (2),—
(i) in clause (c), —
(I) for the words “approval or sanction of the Council” the
words “ approval or sanction of the Standing Committee” shall
be substituted;
(II) the following proviso shall be inserted, namely :—
“Provided that, for such a category of contract as the
Government may prescribe, from time to time, a committee
consisting of the President and Chief Officer shall approve such
contract, within a period of fifteen days from its receipt.”;
(ii) in clause (d), for the words “to the Council” the words “ to
the Standing Committee” shall be substituted;
(b) in sub-section (4),—
(i) for the words “ the Council” the words “ the Standing
Committee” shall be substituted;
(ii) for the words “two members of the Standing Committee”
the words “two members of the Standing Committee or any two
Councillors of the Council authorised by the President” shall be
substituted;
(c) in sub-section (7), for the words “the Council” the words “the
Standing Committee” shall be substituted;
(d) in sub-section (8), for the words “ the Council” the words “the
Standing Committee” shall be substituted.
14.
In section 101 of the principal Act, in sub-section (1), the words
“under the directions of the President” shall be deleted.
15.
In section 308 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely :—
“ (1) If the Council or any Committee resolves contrary to provisions
of this Act or any other law, or rules, bye-laws, or the Government
directions, then it shall be the responsibility of the Chief Officer to send
Amendment
of section 93
of Mah. XL of
1965.
Amendment
of section 101
of Mah. XL of
1965.
Amendment
of section 308
of Mah. XL of
1965.
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it to the Collector for suspension of execution of such a resolution or
prohibition of doing thereof, within the period of three days from the
receipt of the said resolution. The Collector shall decide on such proposal
within the period of thirty days from the date of receipt of such proposal.
If it remains undecided within the said period, then the Collector shall
submit the report thereof to the Director within ten days and the decision
of the Director thereon shall be final. In such case, appeal against the
order of the Director shall lie to the State Government.”.
16.
After section 341B-6 of the principal Act, the following section shall
be inserted, namely :—
“ 341B-7. Notwithstanding anything contained in sections
341B-1 to 341B-6, the provisions of sections 55, 55-1, 58, 75, 77, 81, 93
and 101 shall apply mutatis mutandis to the Nagar Panchayats.”.
17.
(1) The Maharshtra Municipal Councils, Nagar Panchayats and
Industrial Townships (Amendment) Ordinance, 2018, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued) under the principal Act, 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 Principal
Act, as amended by this Act.
Insertion of
section 341B-
7 in Mah. XL
of 1965.
Application of
certain
sections to
Nagar
Panchayats.
Repeal of
Mah. Ord. IV
of 2018 and
saving.
Mah.
Ord. IV
of 2018.
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 PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI
PARSHURAM JAGANNATH GOSAVI.