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1
Mah.
Ord. XIX of
2020.
MAHARASHTRA ACT No. I OF 2021
(First published, after having recived the assent of the Governor in the
“ Maharashtra Government Gazette’’, on the 13th January 2021).
An Act 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 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 Municipal Corporations Act and
the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, for the purposes hereinafter appearing ; and, therefore,
promulgated the Maharashtra Municipal Corporations and the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships
(Amendment) Ordinance, 2020 on the 2nd November 2020 ;
LIX of 1949.
Mah. XL of
1965.
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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 Muncipal Corporations an the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships (Amendment) Act, 2020 (Mah. Act No. I of 2021), 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.
––––––––––––
RNI No. MAHENG / 2009 / 35528
(1)
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2
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AND WHEREAS it is expedient to replace the said Ordinance by an
Act of the State Legislature ; it is hereby enacted in the Seventy-first Year
of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1.
(1) This Act may be called the Maharashtra Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Amendment) Act, 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
Government 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 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, which shall not ex-
tend beyond the 30th April 2021, 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
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
State Election Commission, which shall not extend beyond the
30th April 2021, to exercise all the powers and to perform all the
functions and duties of the Municipal Council under this Act.”.
CHAPTER IV
MISCELLANEOUS
4.
(1) The Maharashtra Municipal Corporations and the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships
(Amendment) Ordinance, 2020, 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 Maharashtra Municipal Corporations Act and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Town-
ships Act, 1965, as amended by the said Ordinance, shall be deemed to
have been done, taken or, as the case may be, issued under the correspond-
ing provisions of the said Acts, as amended by this Act.
Repeal of
Mah. Ord. XIX
of 2020 and
saving.
LIX of
1949.
Mah. XL
of 1965.
Mah.
Ord. XIX
of 2020.
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.