¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
1
URBAN DEVELOPMENT DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 27th September 2018.
MAHARASHTRA ORDINANCE No. XX OF 2018.
AN ORDINANCE
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 both Houses of the State Legislature are not in session ;
AND WHEREAS the Governor of Maharashtra is satisfied that circumstances
exist which render it necessary for him to take immediate action 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 ;
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 4, +ÆEòú 65]
MÉÖ¯û´ÉÉ®úú, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
[{ÉÞ¹`ä 6, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 135
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®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´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷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 Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and
the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment)
Ordinance, 2018, (Mah. Ord. XX 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,
Secretary (Legislation) to Government,
Law and Judiciary Department.
(Translation in English of the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships (Amendment) Ordinance, 2018, (Mah. Ord. XX of 2018), published under the authority
of the Governor).
———————
RNI No. MAHENG /2009/35528
(1)
¦ÉÉMÉ +É`ö---135--1
2
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased
to promulgate the following Ordinance, namely :—
CHAPTER I
PRELIMINARY.
1.
(1) This Ordinance may be called the Mumbai Municipal Corporation, the
Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships (Amendment) Ordinance, 2018.
(2) It shall come into force at once.
CHAPTER II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.
2.
In section 5B of the Mumbai Municipal Corporation Act (hereinafter in this
Chapter referred to as “Mumbai Corporation Act”),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from 7th April 2015 ;
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar
Panchctyats and Industrial Townships (Amendment) Ordinance, 2018,
the period of “six months” specified in such undertaking shall be deemed
to have been substituted as “twelve months”.”.
3.
In section 37 of the Mumbai Corporation Act, in sub-section (2A),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from 7th April 2015 ;
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Ordinance, 2018, the period of
“six months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
4.
In section 5B of the Maharashtra Municipal Corporations Act (hereinafter
in this Chapter referred to as “Maharashtra Corporations Act”),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from the 7th April 2015 ;
Short title and
commence-
ment.
Amendment of
section 5B of
III of 1888.
III of
1888.
Mah.
Ord.
XX
of
2018.
Amendment of
section 37 of
III of 1888.
Mah.
Ord.
XX
of
2018.
Amendment of
section 5B of
LIX of 1949.
LIX of
1949.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
3
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Ordinance, 2018, the period of
“six months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
5.
In section 19 of the Maharashtra Corporations Act, in sub-section (1B),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from 7th April 2015 ;
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Ordinance, 2018, the period of
“six months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
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 in this Chapter referred to as
“Municipal Councils Act”),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from 7th April 2015 ;
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added, namely :-
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Ordinance, 2018, the period of
“six months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
Mah.
Ord.
XX
of
2018.
Amendment of
section 19 of
LIX of 1949.
Mah.
Ord.
XX of
2018.
Mah. XL
of 1965.
Amendment of
section 9A of
Mah. XL of
1965.
Mah.
Ord. XX
of 2018.
¦ÉÉMÉ +É`ö--135--2
4
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
7.
In section 51-1B of the Municipal Councils Act,—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve months” shall be substituted and shall be deemed to have been
substituted with effect from 7th April 2015 ;
(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;
(c) after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Ordinance, 2018, the period of
“six months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
CHAPTER V
MISCELLANEOUS
8.
Nothing in this Ordinance shall affect the elections conducted by the State
Election Commission for conducting the elections or any programme declared by it
therefor, prior to the date of commencement of the Mumbai Municipal Corporation,
the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2018, for
filling up the resultant vacancy in view of the provisions of section 5B or sub-section
(2A) of section 37 of the Mumbai Municipal Corporation Act, section 5B or
sub-section (1B) of section 19 of the Maharashtra Municipal Corporations Act,
section 9A or section 51-1B of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act,1965, as it stood prior to such date of
commencement.
9.
Any person, who has obtained the Caste Certificate and validity certificate
but has not filed such certificate prior to the date of commencement of this Ordinance,
shall not be deemed to be disqualified under the provisions of the relevant Municipal
law, if he submits such certificate within a period of fifteen days from the date of
commencement of this Ordinance :
Provided that, the provisions of this section shall not apply where the State
Election Commission has already prior to the date of commencement of this
Ordinance held elections to fill the vacancy of such person or declared the
programme for holding of such election.
10.
(1) If any difficulty arises in giving effect to the provisions of the Mumbai
Municipal Corporation Act, the Maharashtra Municipal Corporations Act or, as the
case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, as amended by this Ordinance, the State Government may,
as the occasion arises, by an Order published in the Official Gazette, give such
directions not inconsistent with the provisions of the said Acts as amended by this
Ordinance, as may appear to it to be necessary or expedient for the purpose of
removing the difficulty.
(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.
Amendment of
section 51-1B
of Mah. XL of
1965.
Mah.
Ord.
XX
of
2018.
Saving as to
certain
elections.
Mah.
Ord.
XX
of
2018.
Saving as to
certain
disqualification.
Power to
remove
difficulty.
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
5
STATEMENT
Section 5B of the Mumbai Municipal Corporation Act (III of 1888), section 5B
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
Validity 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 have been amended by Maharashtra Act No. XIII of
2015 with effect from the 7th April 2015, which permits the candidate to submit,
alongwith the nomination papers for election to a reserved seat, 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 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.
The Caste Scrutiny Committees are overburdened with the task of issuing
the validity certificates and this results in difficulties for the elected candidates to
obtain the Caste Validity Certificate. In view of the provisions of the relevant Municipal
law, in case the elected candidate fails to produce the validity certificate, within a
period of six months from the date of his election, his election shall stands to be
terminated retrospectively and shall stands disqualified for holding the post.
4.
To ensure that the elected candidates who have already obtained the Caste
Certificate and the Validity Certificate would not be disqualified merely because of
failure to produce the Caste Validity Certificate issued by the Caste Scrutiny
Committee in time as per the undertaking furnished by him, it is considered expedient
to provide for further extension of six months to the elected candidates for submitting
such certificate. In view of this, it is expedient to suitably amend section 5B of the
Mumbai Municipal Corporation Act (III of 1888), and 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),
retrospectively, i.e. the date of commencement of the Maharashtra Act No. XIII
of 2015.
It is also considered expedient to make similar provisions in respect of elected
Mayors of the Municipal Corporations or, as the case may be, the Presidents of the
Municipal Councils or Nagar Panchayats.
In view of such amendments, with retrospective effect, it is expedient to
incorporate the suitable saving provisions and also the provision for removal of
difficulty, which may arise in giving effect to the provisions of the said Acts, due to
the proposed amendment.
For achieving the above purposes, the relevant Municipal Laws are amended,
suitably.
6
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ, +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 27, 2018/+ÉÊ·ÉxÉ 5, ¶ÉEäò 1940
5.
As both Houses of the State Legislature are not in session and the Governor
of Maharashtra is satisfied that circumstances exist which render it necessary for
him to take immediate action further to amend the Mumbai Municipal Corporation
Act (III of 1888), the Maharashtra Municipal Corporations Act (LIX of 1949) and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
Act, 1965 (Mah. XL of 1965), for the purposes aforesaid, this Ordinance is
promulgated.
Mumbai,
CH. VIDYASAGAR RAO,
dated the 26th September 2018.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
DR. NITIN KAREER,
Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR
SHRI MANOHAR SHANKAR GAIKWAD, 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 : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.