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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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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

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(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.