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1

L. C. BILL No. IV OF 2021.

A BILL

further to amend the Mumbai Municipal Corporation Act, 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

Mumbai Municipal Corporation Act, 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 Mumbai Municipal

Corporation, Maharashtra Municipal Corporations and Maharashtra Municipal Councils,

Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2021 on

the 6th December 2021;

AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the

State Legislature; it is hereby enacted in the Seventy-second Year of the Republic of India

as follows:—

III of

1888.

LIX of

1949.

Mah. XL

of 1965.

Mah.

Ord. XV

of 2021.

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MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill which was introduced in the Maharashtra Legislative Council on

22nd December 2021 is published under Rule 113 of the Maharashtra Legislative Council

Rules :—

RNI No. MAHBIL /2009/40123

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(1)

2

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CHAPTER I

PRELIMINARY

1.

(1) This Act may be called the Mumbai Municipal Corporation, Maharashtra

Municipal Corporations and Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships (Second Amendment) Act, 2021.

(2) It shall be deemed to have come into force on the 6th December 2021.

CHAPTER II

AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT

2.

In section 5B of the Mumbai Municipal Corporation Act (hereinafter in this Chapter

referred to as “the Mumbai Corporation Act”), in the first proviso, for the words, brackets,

figures and letters “ commencing on the date of commencement of the Mumbai Municipal

Corporation, the Maharashtra Municipal Corporations and Maharashtra Municipal

Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018 and ending

on the 30th June 2019 ” the words, brackets, figures and letters “ commencing on the date

of commencement of the Mumbai Municipal Corporation, Maharashtra Municipal

Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships (Second Amendment) Act, 2021 and ending on the 31st December 2022”

shall be substituted.

3.

In section 37 of the Mumbai Corporation Act, in sub-section (2A), in the first

proviso, for the words, brackets, figures and letters “ commencing on the date of

commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal

Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships (Amendment) Act, 2018 and ending on the 30th June 2019” the words, brackets,

figures and letters “ commencing on the date of commencement of the Mumbai Municipal

Corporation, Maharashtra Municipal Corporations and Maharashtra Municipal Councils,

Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2021 and ending

on the 31st December 2022” shall be substituted.

CHAPTER III

AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT

4.

In section 5B of the Maharashtra Municipal Corporations Act (hereinafter in this

Chapter referred to as “the Maharashtra Corporations Act”), in the first proviso, for the

words, brackets, figures and letters “commencing on the date of commencement of the

Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018

and ending on the 30th June 2019” the words, brackets, figures and letters “commencing

on the date of commencement of the Mumbai Municipal Corporation, Maharashtra Municipal

Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships (Second Amendment) Act, 2021 and ending on the 31st December 2022”

shall be substituted.

5.

In section 19 of the Maharashtra Corporations Act, in sub-section (1B), in the

first proviso, for the words, brackets, figures and letters “commencing on the date of

commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal

Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships (Amendment) Act, 2018 and ending on the 30th June 2019” the words, brackets,

figures and letters “commencing on the date of commencement of the Mumbai Municipal

Corporation, Maharashtra Municipal Corporations and Maharashtra Municipal Councils,

Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2021 and ending

on the 31st December 2022” shall be substituted.

Short title and

commen^ce-

ment.

Amendment

of section 5B

of III of 1888.

III of

1888.

Mah.

XXI of

2018.

Mah.

of

2021.

Amendment

of section 37

of III of 1888.

Mah. XXI

of 2018.

Mah.

of

2021.

Amendment

of section

5B of LIX of

1949.

LIX of

1949.

Mah.

XXI of

2018.

Mah.

of 2021.

Amendment

of section 19

of LIX of

1949.

Mah. XXI

of 2018.

Mah.

of 2021.

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3

CHAPTER IV

AMENDMENTS TO THE MUMBAI MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND

INDUSTRIAL TOWNSHIPS ACT, 1965.

6.

In section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships Act, 1965 (hereinafter in this Chapter referred to as “the Municipal

Councils Act”), in the first proviso, for the words, brackets, figures and letters “commencing

on the date of commencement of the Mumbai Municipal Corporation, the Maharashtra

Municipal Corporations and Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships (Amendment) Act, 2018 and ending on the 30th June 2019” the

words, brackets, figures and letters “commencing on the date of commencement of the

Mumbai Municipal Corporation, Maharashtra Municipal Corporations and Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment)

Act, 2021 and ending on the 31st December 2022” shall be substituted.

7.

In section 51-1B of the Municipal Councils Act, in the first proviso, for the words,

brackets, figures and letters “ commencing on the date of commencement of the Mumbai

Municipal Corporation, Maharashtra Municipal Corporations and the Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018

and ending on the 30th June 2019 ” the words, brackets, figures and letters “ commencing

on the date of commencement of the Mumbai Municipal Corporation, Maharashtra Municipal

Corporations and Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships (Second Amendment) Act, 2021 and ending on the 31st December

2022” shall be substituted.

CHAPTER V

MISCELLANEOUS

8.

(1)

The Mumbai Municipal Corporation, Maharashtra Municipal Corporations

and Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second

Amendment) Ordinance, 2021, 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 Mumbai Municipal

Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships 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 corresponding provisions of the relevant Acts, as amended by this Act.

Amendment

of section 9A

of Mah. XL

of 1965.

Mah. XL

of 1965.

Mah. XXI

of 2018.

Mah.

of 2021.

Amendment

of section

51-1B of

Mah. XL of

1965.

Mah. XXI

of 2018.

Mah.

of 2021.

Mah. Ord.

XV of

2021.

III of1888.

LIX of

1949.

Mah. XL

of 1965.

Repeal of

Mah. Ord.

XV of 2021

and saving.

4

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STATEMENT OF OBJECTS AND REASONS

Section 5B of the Mumbai Municipal Corporation Act (III of 1888), section 5B of the

Maharashtra Municipal Corporations Act (LIX of 1949) and section 9A of the Maharashtra

Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of

1965), provides that, every person desirous of contesting election to a seat reserved for

person belonging to Scheduled Castes, Scheduled Tribes or, as the case may be,

Backward Classes of Citizens, shall submit, alongwith the nomination paper, Caste

Certificate issued by the Competent Authority and the Validity Certificate issued by the

Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled

Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, other

Backward Classes and Special Backward Category (Regulation of Issuance and

Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001) and the rules made

thereunder.

2.

The said sections have been amended by the Maharashtra Act No. XXI of 2018

and Maharashtra Act No. LXV of 2018, which permits the candidate to submit, alongwith

the nomination papers for election to a reserved seat, a true copy of the application preferred

by him to the Scrutiny Committee for issuance of the Validity Certificate or any other

proof of having made such application to the Scrutiny Committee; and an undertaking

that he shall submit, within a period of twelve months from the date of his election, the

Validity Certificate issued by the Scrutiny Committee. As per the amendments made by

the Maharashtra Act No. XXI of 2018, such provisions were applicable till 30th June

2019.

3.

The Caste Scrutiny Committees are overburdened with the task of issuing the

validity certificates and this results in difficulties for the candidates to obtain the Caste

Validity Certificate. In view of the provisions of the relevant Municipal laws, in case the

elected candidate fails to produce the Validity Certificate, within a period of twelve months

from the date of his election, his election shall stands to be terminated retrospectively and

shall stands disqualified for holding the post.

4.

To ensure that the elected candidates who have already obtained the Caste

Certificate would not be disqualified merely because of failure to produce the Caste Validity

Certificate issued by the Caste Scrutiny Committee in time as per the undertaking furnished

by him, it was considered expedient to provide for extension of period commencing on

the date of commencement of the Act and ending on the 31st December 2022, to the

elected candidates for submitting such certificate. In view of this, it was expedient to

suitably amend sections 5B and 37 of the Mumbai Municipal Corporation Act, sections

5B and 19 of the Maharashtra Municipal Corporations Act and sections 9A and 51-1B of

the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act,

1965.

5.

As both Houses of the State Legislature were not in session and the Governor

of Maharashtra was satisfied that circumstances existed which rendered it necessary for

him to take immediate action further to amend the Mumbai Municipal Corporation Act, the

Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar

Panchayats and Industrial Townships Act, 1965, for the purposes aforesaid, the Mumbai

Municipal Corporation, Maharashtra Muncipal Corporations and Maharashtra Municipal

Councils, Nagar Panchayats and Industrial Townships (Second Amendment) 2021 (Mah.

Ord. XV of 2021), was promulgated by the Governor of Maharashtra on the 6th December

2021.

6.

The Bill is intended to replace the said Ordinacnce by an Act of the State

Legislature.

Mumbai,

EKNATH SHINDE,

Dated the 15th December 2021.

Minister for Urban Development.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Mumbai,

Principal Secretary,

dated the 22nd December 2021.

Maharashtra Legislative Council.

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.