महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ६, अंक १६(२)] शनिवार, मार्च १४, २०२०/फाल्गुन २४, शके १९४१ [पृष्ठे ४, किंमत : रुपये २७.००
असाधारण क्रमांक ३५
प्राधिकृत प्रकाशन
महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि विधि व
न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).
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) Act, 2020 (Mah. Act No. XII 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.
—————————
MAHARASHTRA ACT No. XII OF 2020.
(First published, after having received the assent of the Governor in the
"Maharashtra Government Gazette", on the 14th March 2020).
An Act 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 ;
Mah. XL of 1965.
Mah. Ord. IV of 1965.
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 Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2020, on the 4th February 2020 ;
AND WHEREAS, it is expedient to replace the said Ordinance with minor modifications by an Act of the State Legislature; it is hereby enacted in the Seventy-first Year of the Republic of India as follows :—
1. (1) This Act may be called the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020.
Short title and commencement.
(१)
भाग आठ---३५----१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १४, २०२०/फाल्गुन २४, शके १९४१ (2) It shall be deemed to have come into force on the 4th February 2020.
Mah. XL of 1965.
Amendment of section 2 of Mah. XL of 1965.
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 :—
Insertion of section 51A-1B in Mah. XL of 1965.
Mah. XII of 2020.
Non- application of section 51A- 1A for election of President of Council.
" 51A-1B. After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 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 :—
Amendment of section 51A of Mah. XL of 1965.
Mah. XII of 2020.
"(6B) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 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 :—
Amendment of section 52 of Mah. XL of 1965.
Mah. XII of 2020.
"(4) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 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 :—
Substitution of section 55 of Mah. XL of 1965.
Removal of President by Councillors.
" 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.
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १४, २०२०/फाल्गुन २४, शके १९४१ ३(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
Amendment of section 58 of Mah. XL of 1965.
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 51 or, as the case may be, the President directly elected under section 51 A-l A, 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 :—
Amendment of section 93 of Mah. XL of 1965.
" 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 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 :—
Insertion of section 341B- 1B of Mah. XL of 1965.
" 341B-1B. After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Mah. XII of 2020.
(Second Amendment) Act, 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
Non-appli- cation of section 341B- 1A for election of President of Nagar Panchayats.
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
Amendment of section 341B-2 of Mah. XL of 1965.
Councils, Nagar Panchayats and Industrial Townships (Second Mah. XII of 2020.
Amendment) Act, 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 Mah. XII of 2020.
४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, मार्च १४, २०२०/फाल्गुन २४, शके १९४१11. In section 341B-4 of the principal Act, after sub-section (3), the following sub-section shall be added, namely :—
Amendment of section 341B-4 of Mah. XL of 1965.
Mah. XII of 2020.
"(4) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 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 :—
Substitution of section 341B-5 of Mah. XL of 1965.
" 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 :
Removal of President of Nagar Panchayats by Councillors.
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.".
Power to remove difficulty.
13. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Act, the State Government may, as the occasion arises, 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 :
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 State Legislature.
Mah. Ord. IV of 2020.
14. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2020, is hereby repealed.
Repeal of Mah. Ord. IV of 2020 and saving.
(2) Notwithstanding such repeal, anyting done or any action taken (including any notification or order issued) under 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.
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.