(१)
भाग आठ-७०–१
L. A. BILL No. XXXVIII OF 2026.
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 Maharashtra
Municipal Laws (Amendment) Ordinance, 2026 on the 17th June 2026.
III of
1888.
LIX of
1949.
Mah.
XL of
1965.
Mah.
Ord. IX
of 2026.
RNI No. MAHENG /2009/35528
महाारााष्ट्रट शाासन रााजपत्र
असाधाारण भााग आठ
वर्षष १२, अंक ३२]
गुरुवार, जून २५, २०२६/आषााढ ४, शकेे १९४८
[पृष्ठे 4, किं�ंमत : रुपयेे २७.००
असाधाारण क्रमांं�क ७०
प्रााधि�कृृत प्रकााशन
महाारााष्ट्र वि�धाानमंडळााचेे अधि�नि�य
म व रााज्यपाालांं�नी प्रख्यापि�त केलेले अध्यादेेश व केलेले
वि�नि�य
म आणि� वि�धि� व न्याय वि�भाागाकडून आलेली वि�धेेयकेे (इंंग्रजी अनुवाद).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in
English of the Maharashtra Municipal Laws (Amendment) Bill, 2026 (L.A. Bill No. XXXVIII of 2026),
introduced in the Maharashtra Legislative Assembly on the 25th June 2026, is hereby published
under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SUPRIYA DHAWARE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
2
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, जून २५, २०२६/आषषाढ ४, शके १९४८
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 :—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Maharashtra Municipal Laws (Amendment)
Act, 2026.
(2) It shall be deemed have come into force on the 17th June 2026.
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 Municipal Corporation Act”), after
the second proviso, the following proviso shall be added, namely:-
“Provided also that, if such person is elected in the elections held on
or after the 15th January 2026 but on or before the date of commencement
of the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails
to produce the Validity Certificate within a period of twelve months from
the date on which he is declared elected, his election shall be deemed to
have been terminated retrospectively and he shall be disqualified for being
a Councillor.”.
3. In section 37 of the Mumbai Municipal Corporation Act, in sub-section
(2A), after the second proviso, the following proviso shall be added, namely :—
“Provided also that, if such person is elected in the elections held on
or after 15th January 2026 but on or before the date of commencement of
the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails to
produce the Validity Certificate within a period of twelve months from the
date on which he is declared elected, his election shall be deemed to have
been terminated retrospectively and he shall be disqualified for being a
Mayor.”.
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 Municipal
Corporations Act”), after the second proviso, the following proviso shall be
added, namely :—
“Provided also that, if such person is elected in the elections held on
or after the 15th January 2026 but on or before the date of commencement
of the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails
to produce the Validity Certificate within a period of twelve months from
the date on which he is declared elected, his election shall be deemed to
have been terminated retrospectively and he shall be disqualified for being
a Councillor.”.
Short title and
Commencement.
Amendment of
section 5B of
III of 1888.
III of
1888.
Mah. of
2026.
Amendment
of section 37
of III of 1888.
Mah. of
2026.
Amendment
of section
5B of LIX of
1949.
LIX of
1949.
Mah.
of
2026.
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, जून २५, २०२६/आषषाढ ४, शके १९४८
3
5. In section 19 of the Maharashtra Municipal Corporations Act, in sub-
section (1B), after the second proviso, the following proviso shall be added,
namely :—
“Provided also that, if such person is elected in the elections held on
or after the 15th January 2026 but on or before the date of commencement
of the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails
to produce the Validity Certificate within a period of twelve months from
the date on which he is declared elected, his election shall be deemed to
have been terminated retrospectively and he shall be disqualified for being
a Mayor.”.
CHAPTER IV
AMENDMENTS TO THE MAHARASHTRA 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 Maharashtra Municipal Councils Act”), after the second
proviso, the following proviso shall be added, namely :-
“Provided also that, if such person is elected in the elections held on or
after the 2nd December 2025 but on or before the date of commencement
of the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails
to produce the Validity Certificate within a period of twelve months from
the date on which he is declared elected, his election shall be deemed to
have been terminated retrospectively and he shall be disqualified for being
a Councillor.”.
7. In section 51-1B of the Maharashtra Municipal Councils Act, after the
second proviso, the following proviso shall be added, namely :—
“Provided also that, if such person is elected in the elections held on or
after the 2nd December 2025 but on or before the date of commencement
of the Maharashtra Municipal Laws (Amendment) Act, 2026, and he fails
to produce the Validity Certificate within a period of twelve months from
the date on which he is declared elected, his election shall be deemed to
have been terminated retrospectively and he shall be disqualified for being
a President.”.
8. (1) The Maharashtra Municipal Laws (Amendment) Ordinance, 2026
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 issued, as the case may be, under the
corresponding provisions of the relevant Acts, as amended by this Act.
Amendment
of section
19 of LIX of
1949.
Mah.
of 2026.
Mah.
XL of
1965.
Amendment
of section 9A
of Mah. XL of
1965.
Mah.
of
2026.
Amendment of
section 51-1B
of Mah. XL of
1965.
Mah.
of
2026.
Repeal of
Mah. Ord. IX
of 2026 and
savings.
Mah.
Ord.
IX of
2026.
III of
1888.
LIX of
1949.
Mah.
XL of
1965.
4
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, जून २५, २०२६/आषषाढ ४, शके १९४८
STATEMENT OF OBJECTS AND REASONS
Sections 5B and 37of the Mumbai Municipal Corporation Act (III of 1888),
sections 5B and 19 of the Maharashtra Municipal Corporations Act (LIX of
1949) and sections 9A and 51-1B 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 Councillor,
Mayor or President for persons belonging to Scheduled Castes, Scheduled Tribes
or, as the case may be, Backward Classes of Citizens, shall submit, alongwith
the nomination papers, Caste Certificate issued by the Competent Authority
and the Validity Certificate issued by the Scrutiny Committee.
2. The candidates are however permitted, under the provisos to
abovereferred section 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 thereof;
and an undertaking that he shall submit, within a period of six months from the
date of his election, the Validity Certificate issued by the Scrutiny Committee.
The effect of failure to submit such Validity Certificate within specified period
of six months is termination of election of such persons with retrospective effect
and disqualification to hold the post of Councillor, Mayor or President, as the
case may be.
3. As elections to large number of municipalities have been held
simultaneously in the months of December 2025 and January 2026, the Scrutiny
Committees have been overburdened with the task of verification of caste
certificates and issuing Validity Certificates. Due to this, the elected councillors
in such elections are facing difficulties in obtaining Validity Certificates in
specified time limit. Therefore, it was necessary to ensure that the elected
Councillors, Mayor and President who are yet to receive the Validity Certificates
due to pendency of their applications before the Scrutiny Committee, are not
disqualified for want of submission of Validity Certificates within a specified
time limit. It was, therefore, considered expedient to provide for extension of
further period of six months for submitting Validity Certificates by such elected
Councillors, Mayor and President in such elections, by suitably amending
abovereferred sections of relevant Municipal Laws.
4. 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, the Maharashtra Municipal Laws (Amendment)
Ordinance, 2026 (Mah. Ord. IX of 2026), was promulgated by the Governor of
Maharashtra on the 17th June 2026.
5. The Bill is intended to replace the said Ordinance by an Act of the
State Legislature.
EKNATH SHINDE,
Mumbai,
Deputy Chief Minister,
Dated the 22nd June 2026.
(Urban Development).
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.