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1
URBAN DEVELOPMENT DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 4th February 2020.
MAHARASHTRA ORDINANCE No. IV OF 2020.
AN ORDINANCE
further to amend 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 Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter
appearing ;
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 :—
1.
(1) This Ordinance may be called the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second Amendment)
Ordinance, 2020.
Short title
and
commencement.
Mah. XL
of 1965.
RNI No. MAHENG /2009/35528
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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 Municipal Councils, Nagar Panchayats and Industrial Townships
(Second Amendment) Ordinance, 2020 (Mah. Ord. IV of 2020), 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 Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Second Amendment) Ordinance, 2020 (Mah. Ord. IV of 2020),
published under the authority of the Governor].
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(1)
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(2) It shall come into force at once.
2.
In section 2 of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as
“the principal Act”), in clause (7), in sub-clause (ii), after the words “to get
elected as” the words, figures and letters “a President of the Council in
accordance with section 51A-1B under section 51 or” shall be inserted.
3.
After section 51A-1A of the principal Act, the following section shall
be inserted, namely :—
“ 51A-1B. After the date of commencement of the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships
(Second Amendment) Ordinance, 2020, in respect of general elections
and by-elections to the Council, the provisions of section 51A-1A shall
cease to apply and every Council shall have a President who shall be
elected under section 51 and the provisions of the said section 51 shall
apply therefor.”.
4.
In section 51A of the principal Act, after sub-section (6A), the
following sub-section shall be inserted, namely :—
“(6B) After the date of commencement of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second
Amendment) Ordinance, 2020, in respect of the general elections and
by-elections to the Councils, the provisions of sub-section (6A) shall cease
to apply and every Council shall have a Vice-President who shall be
elected under section 51A and the provisions of the said section 51A
shall apply therefor.”.
5.
In section 52 of the principal Act, after sub-section (3), the following
sub-section shall be inserted, namely :—
“(4) After the date of commencement of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second
Amendment) Ordinance, 2020, the term of office of the President elected
in accordance with section 51A-1B under section 51 shall be such as
provided in sub-section (1) of this section.”.
6.
For section 55 of the principal Act, the following section shall be
substituted, namely :—
“ 55.
(1) The requisition for removal of the President elected under
section 51 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
one year 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.
Amendment
of section 2 of
Mah. XL of
1965.
Mah. XL
of 1965.
Insertion of
section 51A-1B
in Mah. XL of
1965.
Non-
application of
section 51A-
1A for election
of President of
Council.
Mah.
Ord. IV
of 2020.
Amendment
of section 51A
of Mah. XL of
1965.
Mah.
Ord. IV
of 2020.
Amendment
of section 52
of Mah. XL of
1965.
Mah.
Ord. IV
of 2020.
Substitution
of section 55
of Mah. XL of
1965.
Removal of
President by
Councillors.
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(3) The Collector shall submit the findings of such enquiry to the
Government for taking appropriate action under section 55A.”.
7.
In section 58 of the principal Act, in sub-section (1A), for the words,
figures and letters “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” the
words, figures and letters “ the President elected in accordance with section
51A-1B under section 51 or the President directly elected under section 51
A-l A, or as the case may be, shall have power to give the financial sanction to
such proposal of development works as may be specified by the State
Government, by order, from time to time,” shall be substituted.
8.
In section 93 of the principal Act, in sub-section (2), in clause (c), for
the proviso, the following proviso shall be substituted, namely :—
“ Provided that, for such a contract as the State Government may,
by order, specify, from time to time, a committee of the President (elected
in accordance with section 51A-1B under section 51, or as the case may
be, directly elected under section 51A-1A) and the Chief Officer shall
approve such contract, within a period of fifteen days from its receipt.”.
9.
After section 341B-1A of the principal Act, the following section shall
be inserted, namely :—
“ 341B-1B.
After the date of commencement of the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships
(Second Amendment) Ordinance, 2020, in respect of the general elections
and by-elections to the Nagar Panchayats, the provisions of section
341B-1A shall cease to apply and every Nagar Panchayat shall have a
President who shall be elected under section 341B-1 and the provisions
of the said section 341B-1 shall apply therefor.”.
10.
In section 341B-2 of the principal Act, after sub-section (6A), the
following sub-sections shall be inserted, namely:-
“(6B) After the date of commencement of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second
Amendment) Ordinance, 2020, in respect of the general elections and
by-elections to the Nagar Panchayats, the provisions of sub-section (6A)
shall cease to apply and every Nagar Panchayat shall have a Vice-
President who shall be elected under section 341B-2 and the provisions
of the said section 341B-2 shall apply therefor.
(6C) After the date of commencement of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second
Amendment) Ordinance, 2020, the term of office of Vice-President elected
in accordance with sub-section (6B) of section 341B-2 shall be such as
provided in sub-section (6) of section 341B-2.”.
Amendment
of section 58
of Mah. XL of
1965.
Amendment
of section 93
of Mah. XL of
1965.
Insertion of
section 341B-
1B of Mah. XL
of 1965.
Non-appli-
cation of
section 341B-
1A for election
of President of
Nagar
Panchayats.
Mah.
Ord. IV
of 2020.
Amendment
of section
341B-2 of
Mah. XL of
1965.
Mah.
Ord. IV
of 2020.
Mah.
Ord. IV
of 2020.
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4
11.
In section 341B-4 of the principal Act, after sub-section (3), the
following sub-section shall be added, namely :—
“(4) After the date of commencement of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second
Amendment) Ordinance, 2020, the term of office of the President elected
in accordance with section 341B-1B under section 341B-1 shall be such
as provided in sub-section (1) of this section.”.
12.
For section 341B-5 of the principal Act, the following section shall
be substituted, namely :—
“ 341B-5.
(1) The requisition for removal of the President elected under
section 341B-1 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 one
year 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 as applicable
therefor.”.
13.
(1) If any difficulty arises in giving effect to the provisions of the
principal Act, as amended by this Ordinance, the State Government may, as
the occasion requires, by order published in the Official Gazette, do anything
not inconsistent with the objects and purposes of the principal Act, which
appears to it to be necessary or expedient for the purposes 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 State Legislature.
Substitution
of section
341B-5 of
Mah. XL of
1965.
Removal of
President of
Nagar
Panchayats by
Councillors.
Amendment
of section
341B-4 of
Mah. XL of
1965.
Mah.
Ord. IV
of 2020.
Power to
remove
difficulty.
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STATEMENT
As per the existing provisions of the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965),
the President of a Municipal Council and Nagar Panchayat is directly elected
by the voters of the Council and Nagar Panchayat at the general elections of
thereof.
After taking the review of the present position and with a view to ensure
the smooth functioning of the Municipal Councils and Nagar Panchayats,
the State Government considers it expedient to suitably modify the provisions
of the said Act.
2.
The proposed amendments aims,—
(A) to provide that, the President of a Municipal Council and Nagar
Panchayat shall be elected by their elected Councillors from amongst
themselves ;
(B) to increase mutual accountability and understanding amongst
President and Councillors ;
(C) to boost the speed of development activities in the municipal
areas ; and
(D) to carry out other consequential amendments found to be
necessary.
3.
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
Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965), for the purposes aforesaid, this
Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 2nd February 2020.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
MANISHA PATANKAR-MHAISKAR,
Principal Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR
RUPENDRA DINESH MORE, 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 : DIRECTOR RUPENDRA DINESH MORE.