RNI No. MAHENG /2009/35528
महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ८, अंक ३२(५)] बुधवार, ऑगस्ट १७, २०२२/श्रावण २६, शके १९४४ [पृष्ठे ५, किंमत : रुपये २७.००
असाधारण क्रमांक ६७
प्राधिकृत प्रकाशन
महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि विधि व
न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Bill, 2022 (L. A. Bill No. XX of 2022), introduced in the Maharashtra Legislative Assembly on the 17th August 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.
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L. A. BILL No. XX OF 2022.
A BILL
further to amend the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965.
WHEREAS both Houses of the State Legislature were not in session;
Mah. XL of 1965.
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 Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing; and, therefore, promulgated the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2022, on the 14th July 2022;
Mah. Ord. IV of 2022.
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Seventy-third Year of the Republic of India as follows:– २ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट १७, २०२२/श्रावण २६, शके १९४४ 1. (1) This Act may be called the Maharashtra Municipal Councils, Short title and commencement. Nagar Panchayats and Industrial Townships (Amendment) Act, 2022.
(2) It shall be deemed to have come into force on the 14th July 2022.
Mah. XL of 1965.
Amendment of section 51A-1A of Mah. XL of 1965.
2. In section 51A-1A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as "the principal Act"), for sub-section (1), the following sub-section shall be substituted, namely:–
Mah. of 2022.
"(1) Notwithstanding anything contained in section 51, every Municipal Council, to which the general election is to be held after the date of the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022, subject to the provisions of section 51-1A, shall have a President who shall be elected by the persons whose names are included in the Municipal Council voters list prepared under section 11.".
3. Section 51A-1B of the principal Act shall be deleted.
Deletion of section 51A- 1B of Mah. XL of 1965.
4. In section 51A of the principal Act,–
Amendment of section 51A of Mah. XL of 1965.
Mah. IX of 2017.
Mah. of 2022.
(1) in sub-section (6A), for the words and figures "after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016", the words and figures "after the date of the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022" shall be substituted;
(2) sub-section (6B) shall be deleted.
5. For section 52 of the principal Act, the following section shall be substituted, namely:–
Substitution of section 52 of Mah. XL of 1965.
Term of Office of President.
"52. The term of Office of the President shall be five years from the date of his election and his term shall be co-terminus with the term of the Council:
Mah. of 2022.
Provided that, nothing in this section shall apply to the President who is holding the Office in respect of the Council for which general elections have been held prior to the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022, and the provisions of this section, as it existed on the date immediately preceding the date of such commencement, shall continue to apply in respect of the term of Office of such President.".
6. In section 341B-1A of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:–
Amendment of section 341B-1A of Mah. XL of 1965.
"(1) Notwithstanding anything contained in section 341B-1, every Nagar Panchayat, to which the general election is to be held after the date of the commencement of the Maharashtra Municipal Councils,महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट १७, २०२२/श्रावण २६, शके १९४४ ३ Mah. of 2022.
Nagar Panchayats and Industrial Townships (Amendment) Act, 2022, subject to the provisions of section 51-1A, shall have a President who shall be elected by the persons whose names are included in the voters list prepared for elections of Councillors of Nagar Panchayats from each ward under section 341B.".
7. Section 341B-1B of the principal Act shall be deleted.
Deletion of section 341B-1B of Mah. XL of 1965.
8. In section 341B-2 of the principal Act,–
Amendment of section 341B-2 of Mah. XL of 1965.
Mah. VIII of 2018.
Mah. of 2022.
(1) in sub-section (6A), for the words and figures "after the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2017", the words and figures "after the date of the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022" shall be substituted;
(2) sub-sections (6B) and (6C) shall be deleted.
9. In section 341B-4 of the principal Act,–
Amendment of section 341B-4 of Mah. XL of 1965.
Mah. VIII of 2018.
Mah. of 2022.
(1) in sub-section (3), for the words and figures "prior to the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2017", the words and figures "prior to the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2022" shall be substituted;
(2) sub-section (4) shall be deleted.
Power to remove difficulty.
10. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of the principal Act, as amended by this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
11. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2022, is hereby repealed.
Mah. Ord. IV of 2022.
Repeal of Mah. Ord. IV of 2022 and saving.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.
४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट १७, २०२२/श्रावण २६, शके १९४४STATEMENT OF OBJECTS AND REASONS.
After the commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020 (Mah. XII of 2020), the Presidents of Municipal Councils and Nagar Panchayats under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), were elected by the elected Councillors of the Municipal Councils and Nagar Panchayats and their terms of Offices were two and half years from the date of their elections.
2. Elections to a large number of Municipal Councils and Nagar Panchayats are due and likely to be held in near future. After taking the review of the present situation and with a view to ensure the smooth functioning of the Municipal Councils and Nagar Panchayats and the Offices of the said presiding authorities, it was considered expedient to suitably amend the provisions of the said Act, as follows :—
(i) to provide that the Presidents of the Municipal Councils and Nagar Panchayats shall be elected directly by the persons whose names are included in the voters list for elections to the Municipal Councils and Nagar Panchayats;
(ii) to provide that the terms of the Offices of the President and Vice-President of the Municipal Councils and Nagar Panchayats shall be five years;
(iii) to provide that the requisition for removal of directly elected President shall not be send to the Collector within a period of two and half years from the date of his election;
(iv) to carry out other consequential amendments found to be necessary.
3. 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 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for the purposes aforesaid, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2022 (Mah. Ord. IV of 2022), was promulgated by the Governor of Maharashtra on the 14th July 2022.
4. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.
Mumbai, EKNATH SAMBHAJI SHINDE, Dated the 12th August 2022. Chief Minister.
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, ऑगस्ट १७, २०२२/श्रावण २६, शके १९४४ ५MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of legislative power, namely:—
Clause 10.—Under this clause, power is taken to the State Government, to issue an order published in the Official Gazette, for removing any difficulty which may arise in giving effect to the provisions of the Act.
2. The above-mentioned proposal for delegation of legislative power is of a 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.