महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ६, अंक ४१ ] सोमवार, नोव्हेंबर २, २०२०/कर्ातिक ११, शके १९४२ [ पृष्ठे ३, किंमत : रुपये २७.००
असाधारण क्रमांक ८२
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 Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2020 (Mah. Ord. XIX of 2020), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
BHUPENDRA M. GURAO,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department. (Translation in English of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2020 (Mah. Ord. XIX of 2020), published under the authority of the Governor.)
URBAN DEVELOPMENT DEPARTMENT
Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 2nd November 2020.
MAHARASHTRA ORDINANCE No. XIX OF 2020.
AN ORDINANCE
further to amend the Maharashtra Municipal Corporations Act and the
Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965.
WHEREAS both Houses of the State Legislature are not in session;
LIX of 1949. Mah. XL of 1965.
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 Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing ;
भाग आठ---८२---१
(१)२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, नोव्हेंबर २, २०२०/कर्ातिक ११, शके १९४२ 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 :—
CHAPTER I
PRELIMINARY
Short title and commencement.
1. (1) This Ordinance may be called the Maharashtra Municipal Corpora- tions and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2020.
(2) It shall come into force on the 29th October 2020.
CHAPTER II
AMENDMENT TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT
2. In section 452A of the Maharashtra Municipal Corporations Act, after LIX of 1949.
sub-section (1), the following sub-section shall be inserted, namely :—
Amendment of section 452A of LIX of 1949.
"(1A) Notwithstanding anything contained in this section, where the State Election Commission has brought to the notice of the State Govern- ment that it is not possible for the State Election Commission to conduct the general elections to the Corporation due to outbreak of COVID-19 pandemic in the State, then the State Government may, by order, appoint a Govern- ment officer or officers, or extend the period of any officer appointed under sub-section (1), for such period as may be requested by the State Election Commission, to exercise all the powers and to perform all the functions and duties of the Corporation under this Act.".
CHAPTER III
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965.
3. In section 317 of the Maharashtra Municipal Councils, Nagar Panchayats Mah. XL of 1965.
and Industrial Townships Act, 1965, namely :—
Amendment of section 317 of Mah. XL of 1965.
(i) existing section shall be renumbered as sub-section (1) thereof; and (ii) after sub-section (1) as so re-numbered, the following sub-section shall be added, namely :—
"(2) Notwithstanding anything contained in this section, where the State Election Commission has brought to the notice of the State Government that it is not possible for the State Election Commission to conduct the general elections to the Municipal Council due to outbreak of COVID-19 pandemic in the State, then the State Government may, by order, appoint a Government officer or officers, or extend the period of any officer appointed under sub-section (1), for such period as may be requested by the State Election Commission, to exercise all the powers and to perform all the functions and duties of the Municipal Council under this Act.".
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, नोव्हेंबर २, २०२०/कर्ातिक ११, शके १९४२ ३STATEMENT
As per the existing provisions of the Maharashtra Municipal Corporations Act (LIX of 1949) and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), the existing term of five years of the certain urban local bodies is over. However, the State Election Commission communicated that, due to COVID-19 pandemic, it was not possible for the commission to complete the election procedure and to conduct the general elections to such urban local bodies within the time specified therefor and on the requests of the State Election Commission, administrators have been appointed for such urban local bodies by the Government. But as per the existing provisions in the said Municipal laws, the administrator can continue for a maximum period of six months. The State Election Commission has again brought to the notice of the State Government that, the State Election Commission is trying to conduct the general election to the urban local bodies by November or December 2020. But, for this purpose, it may require the period more than the period for which administrators are so appointed, due to outbreak of COVID-19 pandemic.
In view of this, it is expedient to make the suitable provisions in section 452A of the Maharashtra Municipal Corporations Act and in section 317 of the Maharashtra Municipal Concils, Nagar Panchayats and Industrial Townships Act, 1965, so as to provide that, where the State Election Commission has brought to the notice of the State Government that it is not possible for the State Election Commission to conduct the general elections to the Municipal Corporation, Municipal Council or, as the case may be, Nagar Panchayat due to outbreak of COVID-19 pandemic in the State, then the State Government may, by order, appoint a Government officer or officers, or extended the period of any officer appointed under sub-section (1), for such period as may be requested by the State Election Commission, to exercise all the powers and to perform all the function and duties of the Municipal Corporation, Municipal Council or, as the case may be, Nagar Panchayat under the relevant laws.
2. 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 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, this Ordinance is promulgated.
Mumbai, BHAGAT SINGH KOSHYARI, Dated the 29th October 2020. Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
MAHESH PATHAK, Principal Secretary to Government.