महाराष्ट्रõ शासन रा असाधारण भाग पाच-अ, फेब्रुवारी २४, २०२६/फाल्गुन ५, शके १

1

L. A. BILL No. I OF 2026.

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;

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 (Third Amendment) Ordinance,

2025 on the 26th December 2025 ;

Mah.

XL of

1965.

Mah.

Ord.

XIII of

2025.

)१(

भाग पाच-अ–१-१

RNI No. MAHBIL /2009/35530

महाराष्ट्रõ शासन राजपत्र

असाधारण भाग पाच-अ

वर््ष १२, अंक १]

मंगळवार, फेब्रुवारी २४, २०२६/फाल््गगुन ५, शके १९४७

[पृष्ठठे 3, किंमत : रुपये ३६.००

असाधारण क्रमांक १

प्राधिकृत प्रकाशन

महाराष्टट्र विधानसभेत व महाराष्टट्र विधानपरिषदेत सादर केलेली विधेयके(इंग्रजी अनुवाद).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

24th February, 2026 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—

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महाराष्ट्रõ शासन रा असाधारण भाग पाच-अ, फेब्रुवारी २४, २०२६/फाल्गुन ५, शके १

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

of the State Legislature ; it is hereby enacted in the Seventy-seventh Year of

the Republic of India as follows :—

1.   (1) This Act may be called the Maharashtra Municipal Councils, Nagar

Panchayats and Industrial Townships (Amendment) Act, 2026.

(2) It shall be deemed to have come into force on the 26th December 2025.

2.  In section 51A-1A of the Maharashtra Municipal Councils, Nagar

Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as “the

principal Act”), after sub-section (3), the following sub-section shall be inserted,

namely:-

“(3A) (i) If any person is elected as a President and as a Councillor, then

he may simultaneously, hold both the posts.

(ii) A person holding the post of the President and the Councillor

simultaneously, shall have only one vote either as a President or as a

Councillor :

Provided that, in case of equality of votes, the President shall have casting

vote.”.

3.   In section 341B-1A of the principal Act, after sub-section (3), the

following sub-section shall be inserted, namely :—

“(3A) (i) If any person is elected as a President and as a Councillor,

then he may simultaneously, hold both the posts.

(ii) A person holding the post of the President and the Councillor

simultaneously, shall have only one vote either as a President or as a

Councillor :

Provided that, in case of equality of votes, the President shall have casting

vote.”.

4.   (1)  The Maharashtra Municipal Councils, Nagar Panchayats and

Industrial Townships (Third Amendment) Ordinance, 2025, 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 principal Act, 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 principal Act, as amended by this Act.

Amendment of

section 51A-1A of

Mah. XL of 1965.

Mah. XL

of 1965.

Repeal of Mah.

Ord. XIII of 2025

and saving.

Mah.

Ord. XIII

of 2025.

Short title and

commencement.

Amendment of

section 341B-1A

of Mah. XL of

1965.

महाराष्ट्रõ शासन रा असाधारण भाग पाच-अ, फेब्रुवारी २४, २०२६/फाल्गुन ५, शके १

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STATEMENT OF OBJECTS AND REASONS

Sections 51A-1A and 341B-1A of the Maharashtra Municipal Councils,

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

provides for direct election of the Presidents of the Municipal Councils and

Nagar Panchayats, respectively.

2.  A person qualified to be elected as a Councillor to the Municipal

Councils and Nagar Panchayats is also qualified to be elected as a President

thereof. Therefore, a person may contest elections as a President and also as a

Councillor simultaneously and may also get elected on both the posts. Such

person elected on both the posts has electoral mandate of people for both the

posts. A person elected indirectly as a President also continues to be a

Councillor and functions simultaneously as a President and a Councillor.

Therefore, the Government considered it expedient that a President

elected directly should be able to continue as a Councillor also. It was, therefore,

proposed to amend sections 51A-1A and 341B-1A of the said Act to provide

specifically that person elected as a President directly and as a Councillor,

may simultaneously, hold both the posts. It was also proposed to provide that

such person shall have only one vote either as a President or as a Councillor

and in case of equality of vote, the President shall have a casting vote.

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 (Third Amendment) Ordinance,

2025 (Mah. Ord. XIII of  2025), was promulgated by the Governor of Maharashtra

on the 26th December 2025.

4.  The Bill is intended to replace the said Ordinance by an Act of the

State Legislature.

Mumbai,

EKNATH SHINDE,

Dated the 10th February, 2026.

Deputy Chief Minister

(Urban Development).

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai

Secretary-I,

Dated the 24th February, 2026.

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.