L. A. BILL No. XLIV OF 2019.
A BILL
further to amend the Maharashtra Local Authority Members’ Disqualification
Act, 1986.
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 Local Authority Members’ Disqualification
Act, 1986, for the purposes hereinafter appearing ; and, therefore, promulgated the
Maharashtra Local Authority Members’ Disqualification (Amendment) Ordinance,
2019 on the 6th August 2019;
Mah. XX
of 1987.
Mah.
Ord.
XVII of
2019.
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In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation
in English of the Maharashtra Local Authority Members’ Disqualification (Amendment) Bill, 2019
(L.A. Bill No. XLIV of 2019), introduced in the Maharashtra Legislative Assembly on the 16th December,
2019 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.
RNI No. MAHENG/2009/35528
(1)
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(BSɤÉÒ-1815--1.)
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of
the State Legislature ; it is hereby enacted in the Seventieth Year of the Republic of
India as follows :—
1.
(1) This Act may be called the Maharashtra Local Authority Members’
Disqualification (Amendment) Act, 2019.
(2) It shall be deemed to have come into force on the 6th August 2019.
2.
In section 2 of the Maharashtra Local Authority Members’ Disqualification
Act, 1986, (hereinafter referred to as “the principal Act”), —
(i) for clause (h), the following clause shall be substituted, namely :—
“(h) “Municipal Council” means a Municipal Council constituted
under the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965 and also includes the Nagar Panchayat
constituted under the said Act ;”;
(ii) in clause (m), after sub-clause (iii), the following sub-clause shall be
added, namely :—
“(iv) in relation to the Municipal Council, means the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965;”.
3.
(1) The Maharashtra Local Authority Members’ Disqualification
(Amendment) Ordinance, 2019, is hereby repealed.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 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.
Amendment
of section 2
of Mah. XX
of 1987.
Mah. XX
of 1987.
Short title and
commencement.
Mah. XL
of 1965.
Repeal of
Mah. Ord.
XVII of 2019
and saving.
Mah. XL
of 1965.
Mah.
Ord.
XVII of
2019.
2
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STATEMENT OF OBJECTS AND REASONS
The Maharashtra Local Authority Members’ Disqualification Act, 1986
(Mah. XX of 1987), is enacted to prevent the defection in local authorities.
Sub-section (1) of section 3 of the said Act provides the grounds of defection for
disqualification for being councillor or member of the local authorities. Sub-section
(1) of section 3A provides that, if a councillor or a member belonging to any
political party or aghadi or front is disqualified under clause (b) of sub-section (1)
of section 3, he shall be disqualified for being a councillor or a member for six
years from the date of his disqualification.
2.
In view of the provisions of clause (a) of article 243Q of the Constitution
of india (as inserted by the Constitution 74th Amendment Act, 1992) and section
341-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, a Nagar Panchayat is constituted in respect of transitional
area, being an area in transition from a rural area to an urban area.
3. With a view to include the Councillor of the Nagar Panchayat within the
ambit to the Maharashtra Local Authority Members’ Disqualification Act, 1986 so
as to prevent their defection, it was considered expedient further to amend the
said Act of 1986, suitably.
4.
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 Maharashtra
Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987) for the
purposes aforesaid, the Maharashtra Local Authority Members’ Disqualification
(Amendement) Ordinance, 2019 (Mah. Ord. XVII of 2019) was promulgated by
the Governor of Maharashtra on the 6th August 2019.
5.
The Bill is intended to replace the said Ordinance by an Act of the State
Legislature.
Mumbai,
CHAGAN CHANDRAKANT BHUJBAL,
Dated the 15th December, 2019.
Minister for Rural Development.
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