¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, ¨ÉÉSÉÇ 7ú, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
1
Short title.
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 :–
CHAPTER I
PRELIMINARY
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.
III of
1888.
L IX
o f
1949.
Mah. XL
o f
1965.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 8, +ÆEòú 10(3)]
ºÉÉä¨Éý´ÉÉ®ú, ¨ÉÉSÉÇ 7, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
[{ÉÞ¹`ä 5, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 27
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Mumbai Municipal Corporation, Maharashtra
Municipal Corporations and Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships (Amendment) Bill, 2022 (L. A. Bill No. V of 2022), introduced in the Maharashtra
Legislative Assembly on the 7th March 2022, is hereby published under the authority of the
Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
——————————
RNI No. MAHENG /2009/35528
¦ÉÉMÉ +É`ö-27---1
2
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, ¨ÉÉSÉÇ 7ú, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
CHAPTER II
AMENDMENT TO THE MUMBAI MUNICIPAL CORPORATION ACT.
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.
CHAPTER III
AMENDMENT TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
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.
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 :–
(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 other
III
of
1888.
LIX of
1949.
Mah.
XL
of
1965.
Amend-
ment of
section 19
of III of
1888.
Amend-
ment of
section 5 of
LIX of
1949.
Amend-
ment of
section 10
of Mah. XL
of 1965.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, ¨ÉÉSÉÇ 7ú, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
3
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
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.
Annulment
of process
to divide
area of
Municipal
Corporations,
Municipal
Councils
and Nagar
Panchayats in
wards.
III
o f
1888.
L IX
o f
1949.
Mah.
XL of
1965.
Mah.
…… of
2022.
¦ÉÉMÉ +É`ö-27---2
4
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, ¨ÉÉSÉÇ 7ú, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
STATEMENT 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.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, ¨ÉÉSÉÇ 7ú, 2022/¡òɱMÉÖxÉ 16, ¶ÉEäò 1943
5
MEMORANDUM 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.
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.