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1

LIX of 1949.

Mah. XL of

1965.

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;

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 ;

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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 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.)

RNI No. MAHENG / 2009 / 35528

(1)

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2

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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

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

sub-section (1), the following sub-section shall be inserted, namely :—

“(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

and Industrial Townships Act, 1965, namely :—

(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.”.

Short title and

commencement.

LIX of

1949.

Amendment of

section 317 of

Mah. XL of

1965.

Mah. XL

of 1965.

Amendment of

section 452A of

LIX of 1949.

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3

STATEMENT

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.

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.