महाराष्ट्र शासन राजपत्र
असाधारण भाग पाच--अ
वर्ष ८, अंक २(३)] सोमवार, मार्च ७, २०२२/फाल्गुन १६, शके १९४३ [पृष्ठे ५, किंमत : रुपये ३६.००
असाधारण क्रमांक ४
प्राधिकृत प्रकाशन
महाराष्ट्र विधानसभेत व महाराष्ट्र विधानपरिषदेत सादर केलेली विधेयके (इंग्रजी अनुवाद).
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 7th March, 2022 is published under Rule 117 of the Maharashtra Legislative Assembly Rules:—
L. A. BILL No. V OF 2022.
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, it is expedient 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; it is hereby enacted in the Seventy-third Year of the Republic of India as follows :–
III of 1888. L I X o f 1949. Mah. XL o f 1965.
CHAPTER I
PRELIMINARY
Short title.
1. This Act may be called the Mumbai Municipal Corporation, Maharashtra Municipal Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022.
२ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ७, २०२२/फाल्गुन १६, शके १९४३CHAPTER II
AMENDMENT TO THE MUMBAI MUNICIPAL CORPORATION ACT.
III of 1888.
2. In section 19 of the Mumbai Municipal Corporation Act, in sub-section (1), in clause (a), for the words "State Election Commissioner", at both the places where they occur, the words "State Government" shall be substituted.
A m en d - ment of secti on 19 of III of 1888.
CHAPTER III
AMENDMENT TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
LIX of 1949.
A m en d - ment of section 5 of LIX of 1949.
3. In section 5 of the Maharashtra Municipal Corporations Act, in sub-section (3), for the words "State Election Commissioner" at both the places where they occur, the words "State Government" shall be substituted.
CHAPTER IV
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965.
M ah . XL of 1965.
4. In section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for sub-section (1), the following sub-section shall be substituted, namely :–
A m en d - ment of secti on 10 of Ma h. XL of 1965.
(1) Subject to the provisions of section 9,-
(a) the State Government shall, from time to time, by an order published in the Official Gazette, fix for each municipal area, the number and the extent of the wards into which such area shall be divided :
Provided that, before the publication of any such order, the State Government shall cause to be placed on the notice board, in the municipal office and in such other places in the municipal area as it thinks fit, a draft of the order proposed to be made by it, for the information of all residents of the municipal area and shall cause a notice to be published in at least one newspaper circulating in the area announcing its intention to publish such order and inviting all persons who entertain any objections to the draft order aforesaid to submit the same to it in writing, with reason therefor, within seven days from the date of publication of the notice in the newspaper;
(b) the State Election Commissioner shall, by an order published in the Official Gazette, specify the wards in which seats are reserved for the Scheduled Castes, the Scheduled Tribes, the Backsword Class of Citizens and Women (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Class of Citizens). The State Election Commissioner shall, while passing any such order for subsequent general elections, ensure that such seats are reserved by rotation in different wards is the municipal area, so that all the wards shall get the benefit of such reservation :
Provided that, before the publication of any such order, the State Election Commissioner shall cause to be placed on the notice board in his office, in the municipal office and in such otherमहाराष्ट्र शासन राजपत्र असाधारण पाच-अ, मार्च ७, २०२२/फाल्गुन १६, शके १९४३ ३ places in the municipal area as he thinks fit, a draft of the order proposed to be made by him, for the information of all residents of the municipal area and shall cause a notice to be published in at least one newspaper circulating in the area announcing his intention to publish such order and inviting all persons who entertain any objections to the draft order aforesaid to submit the same to him in writing, with reason therefor, within seven days from the date of publication of the notice in the newspaper.
CHAPTER V
MISCELLANEOUS
III o f 1888.
L I X o f 1949. Mah. XLI of 1965.
A n n u l men t of pr ocess to divide area of M un i c ipa l Corporations, M un i c ipa l C ou n c i l s and Nagar Panchayats in w a r ds .
Mah. …… of 2022.
5. Notwithstanding anything contained in the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as "the said Acts") and the rules made thereunder, where the process to divide the area of Municipal Corporations, Municipal Councils and Nagar Panchayats into wards and to specify the boundaries thereof is started or completed by the State Election Commissioner, before the date of commencement of the Mumbai Municipal Corporation, Maharashtra Municipal Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022, shall be deemed to be annulled and the process to divide the area of Municipal Corporations, Municipal Councils and Nagar Panchayats into wards and to specify the boundaries thereof, shall be done afresh according to the provisions of the said Acts as amended by this Act.
४ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ७, २०२२/फाल्गुन १६, शके १९४३STATEMENT OF OBJECTS AND REASONS
The Mumbai Municipal Corporation Act (III of 1888), the Maharashtra Municipal Corporations Act (LIX of 1949) and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), contains various provisions for conduct of elections to the Municipal Corporations, Municipal Councils and Nagar Panchayats.
2. Sub-section (1) of section 19 of the Mumbai Municipal Corporation Act, sub-section (3) of section 5 of the Maharashtra Municipal Corporations Act and sub-section (1) of section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 provides that for the purpose of elections to the said local authorities, the State Election Commissioner shall divide the area of the Municipal Corporations, Municipal Councils and Nagar Panchayats into wards and specify the boundaries thereof.
3. The Government has, recently, increased number of directly elected councillors at ward elections in the Municipal Corporation of Brihan Mumbai by the Mah. Act No. II of 2022 and in the Municipal Corporations, Municipal Councils and Nagar Panchayats in the State of Maharashtra by the Mah. Act No. XII of 2022. The Government has also brought multi-member ward system in the Municipal Corporations by Mah. Act No. I of 2022 and in the Municipal Councils and Nagar Panchayats by Mah. Act No. X of 2022. In order to bring smoothness and parity with the said policy decisions of the Government, the Government considers it necessary to take power with the State Government to divide the area of said local authorities into wards and to specify boundaries thereof.
It is also proposed to annul the process, to divide the area of said local authorities into wards and to specify the boundaries thereof, which has started or completed by the State Election Commissioner before the commencement of the proposed amendments.
4. Therefore, it is considered expedient to amend the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, suitably.
5. The Bill seeks to achieve the above objectives.
EKNATH SHINDE, Mumbai, Minister for Urban dated the 5th March, 2022. Development.
महाराष्ट्र शासन राजपत्र असाधारण पाच-अ, मार्च ७, २०२२/फाल्गुन १६, शके १९४३ ५MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involves the following proposals for delegation of legislative power, namely :–
Clause 4.- under this clause, which seeks to substitute sub-section (1) of section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,– (a) in clause (a), power is taken to the State Government to fix, for each municipal area, the number and the extent of the wards into which such area shall be divided, by an order published in the Official Gazette ;
(b) in clause (b), power is taken to the State Election Commissioner to specify the wards in which seats are reserved for the Scheduled Castes, the Scheduled Tribes, the Backsword Class of Citizens and Women, by an order published in the Official Gazette.
2. The above mentioned proposals for delegation of legislative power are of normal character.
Vidhan Bhavan : RAJENDRA BHAGWAT, Mumbai, Principal Secretary, dated the 7th March 2022. Maharashtra Legislative Assembly.
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.