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1
L. A. BILL No. LXIII 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 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 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 ; and,
therefore, promulgated the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships (Amendment) Ordinance, 2018, on the 27th September 2018 ;
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
Mah.
Ord. XX
of 2018.
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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ--+
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the
19th November, 2018 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
RNI No. MAHBIL /2009/40123
¦ÉÉMÉ {ÉÉSÉú-+----52-1
(1)
2
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AND WHEREAS it is expedient 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 :—
CHAPTER I
PRELIMINARY.
1.
(1) This Act may be called the Mumbai Municipal Corporation, the
Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships (Third Amendment) Act, 2018.
(2) It shall be deemed to have come into force on the 27th September 2018.
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 Panchayats
and Industrial Townships (Third Amendment) Act, 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 (Third Amendment) Act, 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. .....
of 2018.
Amendment of
section 37 of
III of 1888.
Mah. ....
of 2018.
Amendment of
section 5B of
LIX of 1949.
LIX of
1949.
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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 (Third Amendment) Act, 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 (Third Amendment) Act, 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 (Third Amendment) Act, 2018, the period of “six
months” specified in such undertaking shall be deemed to have been
substituted as “twelve months”.”.
Mah. .....
of 2018.
Amendment of
section 19 of
LIX of 1949.
Mah. .....
of 2018.
Mah. XL
of 1965.
Amendment of
section 9A of
Mah. XL of
1965.
Mah. ......
of 2018.
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4
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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 (Third Amendment) Act, 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 Act 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 (Third Amendment) Act, 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 Act, 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 Act :
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 Act
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 Act, 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 Act, as
may appear to it to be necessary or expedient for the purpose of removing the
difficulty :
Provided that, no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(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. ......
of 2018.
Saving as to
certain
elections.
Mah. ......
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.
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5
11.
(1) The Mumbai Municial Corporation, the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships (Third Amendment) Ordinance, 2018, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including
any notification or order issued) under the corresponding provisions of the Mumbai
Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965, 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
said Acts, as amended by this Act.
Repeal of
Mah. Ord. XX
of 2018 and
saving.
Mah.
Ord. XX
of 2018.
III of
1888.
LIX of
1949.
Mah. XL
of 1965.
6
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STATEMENT OF OBJECTS AND REASONS
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 have been overburdened with the task of
issuing the validity certificates and this resulted 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 failed to produce the validity
certificate, within a period of six months from the date of his election, his election
would stand to be terminated retrospectively and shall stand 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 was considered
expedient to provide for further extension of six months to the elected candidates
for submitting such certificate. In view of this, it was 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 was 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 was 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 were being
amended, suitably.
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7
5.
As both Houses of the State Legislature were not in session and the
Governor of Maharashtra was satisfied that circumstances existed which rendered
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, 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), was promulgated by the Governor of
Maharashtra on the 27th September 2018.
6.
The Bill is intended to replace the said Ordinance by an Act of the State
Legislature.
Mumbai,
DEVENDRA FADNAVIS,
dated the 14th November 2018.
Chief Minister.
8
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for the delegation of legislative power,
namely :—
Clause 10.—Under this clause, power is taken to the State Government
to issue an order published in the Official Gazette for removing any difficulty,
which may arise in giving effect to the provisions of 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) as amended by this Act,
within a period of two years from the date of commencement of the Amendment
Act.
2.
The above-mentioned proposal for delegation of the legislative power is of
a normal character.
Vidhan Bhavan :
DR. ANANT KALSE,
Mumbai,
Principal Secretary,
Dated the 19th November, 2018.
Maharashtra Legislative Assembly.
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.