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The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

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The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT (MAHARASHTRA ACT No. XL OF 1965) THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965. (As modified upto 11th May 2016) PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004 2016 [Price : Rs. 206.00] (i) THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965 ————— CONTENTS PREAMBLE. SECTIONS. PAGES CHAPTER I. PRELIMINARY. 1. Short title, extent and commencement. 8 2. Definitions. 8 CHAPTER II. MUNICIPAL COUNCILS. (1) Municipal areas and their classification. 3. Specification of areas as smaller urban areas. 17 4. Classification of smaller urban areas. 18 5. Effect of reclassification of a municipal area. 18 6. Alteration of the limits of a municipal area. 19 (2) Municipal Authorities and Establishment of Councils. 7. Municipal authorities charged with execution of the Act. 19 8. Establishment and Incorporation of Councils. 19 9. Composition of Councils. 19 9A. Persons contesting election for reserved seat to submit Caste Certificate and Validity . 21 Certificate. (3) Elections and publication of names of elected and nominated Councillors. 10. Division of municipal area into wards and reservation of wards for Women, Scheduled . 22 Castes and Scheduled Tribes. 10A. State Election Commissioner. 24 10AA. Power of State Election Commissioner to issue directions to prevent impersonation. 24 11. Preparation of list of voters. 24 11A. [Deleted] . 24 11B. [Deleted] 12. Right to vote. 24 13. Manner of voting. 25 14. Other restrictions on voting. 25 15. Qualification for becoming Councillor. 25 16. Disqualifications for becoming a Councillor. 25 17. Power to make rules regulating elections. 30 18. Failure to elect. 30 19. Declaration of results of election. 31 19A. [Deleted] . 31 20. Publication of names of nominated Councillors. 31 (4) Disputes in respect of election or nomination of Councillors. 21. Disputes in respect of election or nomination of Councillors. 31 (5) Corrupt practices and other electoral offences. 22. Corrupt practices. 34 23. Prohibition of public meetings on the election day. 35 24. Disturbances at election meeting. 35 H 4109—1 (ii) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 SECTIONS. PAGES 25. Prohibition of canvassing in or near polling stations. 36 26. Penalty for disorderly conduct in or near polling stations. 36 27. Penalty for misconduct at polling stations. 37 28. Penalty for illegal hiring or procuring of conveyances at election. 37 29. Maintenance of secrecy of voting. 37 30. Officers, etc., at election not to act for candidates or to influence voting. 37 31. Breaches of official duty in connection with election. 37 32. Removal of ballot paper from polling station to be an offence. 38 33. Other electoral offences and penalties therefor. 38 34. Prosecution regarding certain offences. 39 (6) Power of requisitioning for election purposes. 35. Requisitioning of premises, vehicles, etc., for election. 39 36. Payment of compensation. 40 37. Power to obtain information. 41 38. Eviction from requisitioned premises. 41 39. Release of premises from requisition. 41 (7) Duration of Council and Term of office of Councillors. 40. Duration of Council. 41 41. Term of office of Councillors. 42 41A. Election to constitute Council. 42 42. Liability of Councillors to removal from office. 42 43. Resignation not to affect subsequent disqualificaton of a Councillor. 42 44. Disqualification of Councillor during his term of office. 43 45. Special provisions regarding disqualification for failure to pay taxes due to the Council. 44 46. Section 45 not to affect Council’s other powers for recovery of taxes. 45 47. Councillor to vacate all offices if he ceases to be Councillor. 45 48. Casual vacancies how to be filled up. 45 48A. [Deleted] . 45 CHAPTER III. DUTIES AND FUNCTIONS OF THE COUNCIL AND THE MUNICIPAL EXECUTIVE. (1) Obligatory duties and discretional functions of the Council. 49. Duties and functions of the Council. 46 49A. Performance of functions by agencies. 50 (2) Special provisions for undertaking Water Supply Scheme. 50. Obligation to prepare Water Supply Scheme and to make sufficient drinking water . 50 available within certain period. (3) President and Vice-President. 51. Election of President. 51 51-1A. Reservation of office of President. 52 51-1B. Person contesting election for reserved office of President to submit Caste Certificate . 53 and Validity Certificate. 51A. Election of Vice-President. 53 51B. Nominations of Councillors. 54 52. Term of office of President. 54 53. Resignation of President. 54 54. Resignation of Vice-President. 54 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (iii) Industrial Townships Act, 1965 SECTIONS. PAGES 55. Removal of President by Councillors. 54 55-1. Removal of directly elected President by Councillors. 55 55-1A. Removal of Vice-President by Councillors. 55 55A. Removal of President and Vice-President by Government. 56 55B. Disqualification for continuing as Councillor or becoming Councillor on removal as . 56 President or Vice-President. 56. Consequences of absence of President or Vice-President without leave. 56 57. President or Vice-President to handover charge. 57 58. Functions of President. 57 59. Functions of Vice-President. 58 60. Simultaneous vacancy in the offices of President and Vice-President. 59 61. Honorarium or Sumptuary allowance to President and meeting allowance to Councillors. 59 (4) Committees. 62. Appointment of Standing Committees and Subjects Committees of ‘A’ and ‘B’ Class . 59 Councils. 63. Constitution of Subjects Committees of ‘A’ and ‘B’ Class Councils. 60 64. Constitution of Standing Committees of ‘A’ and ‘B’ Class Councils. 61 65. Standing and Subjects Committees for ‘C’ Class Councils. 62 66. Constitution of Standing Committee of ‘C’ Class Councils. 63 66A. Constitution of Wards Committees. 63 67. Special Committees. 64 68. Term of office of Chairman and members of Standing and Subjects Committees. 64 69. Casual vacancies in Committees of the Council. 65 70. Functions and powers of Standing Committees and Subjects Committees. 65 71. By-laws under section 70 subject to Director’s previous approval. 66 71A. Powers and functions of Standing Committee or Special Committee to be exercised or . 66 performed by Council or Special Subjects Committee, if necessary. 72. Limits of powers of Committees and Council in respect of financial sanction. 66 73. Subordination of Committees to Council. 66 CHAPTER IV. DIRECTOR OF MUNICIPAL ADMINISTRATION AND COLLECTOR. 74. Appointment of Director and Regional Directors of Municipal Administration and their . 67 powers and the powers of the Collector. CHAPTER V. PROVISIONS REGARDING OFFICERS AND SERVANTS. 75. Appointment of Chief Officer, Engineer, Water Works Engineer, Health Officer, Auditor, 67 Education Officer and Fire Officer and certain other Officers. 75A. Constitution of Maharashtra Municipal Services and provisions relating thereto. 68 76. Appointment of other officers and servants. 70 77. Powers and duties of Chief Officer. 70 77A. Sumptuary allowance to Chief Officer. 71 78. Powers and duties of other officers and servants. 71 78A. Citizen’s Charter. 71 H 4109—1a (iv) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 SECTIONS. PAGES 78B. Delegation of power. 71 78C. Disciplinary action. 72 78D. Non-application of provisions of section 78C in certain circumstances. 72 79. Punishmsent of officers and servants. 72 79A. Sanction for prosecution of officers and servants of Council. 75 80. By-laws to be made regulating certain conditions of service. 75 CHAPTER VI. CONDUCT OF BUSINESS. (1) Meetings. 81. Provisions in regard to meetings of Council. 76 82. Meetings of Committees. 79 83. Chief Officer to be present at every meeting of the Council, and if required at a meeting 81 of Committee, but not to vote or make any proposition. 83A. Deemed Sanction. 81 84. Power of Council or Committee to require information, documents, etc., from Chief . 81 Officer. 85. Joint Committees of local bodies. 81 86. [Deleted] . 82 (2) Validity of proceedings. 87. Acts and proceedings of Council and Committees not vitiated by disqualifications, etc., . 82 of members thereof. CHAPTER VI-A. DISCLOSURE OF SPECIFIED INFORMATION. 87A. Disclosure of specified information. 83 CHAPTER VII. MUNICIPAL PROPERTY, FUNDS, CONTRACTS AND LIABILITIES. 88. Power to acquire and hold property. 84 89. Decision of claims to property by or against the Council. 85 90. Municipal Fund. 85 90A. Establishment of Consolidated Water Supply and Sewage Disposal Project Fund. 87 90B. Establishment of Water and Sewage Fund. 88 90C. Powers of Council to borrow money. 89 90D. When and how loan shall be repaid. 90 90E. Maintenance and application of sinking fund. 90 90F. Investment of sinking fund. 90 90G. Annual examination of sinking fund. 91 90H. Provisions for loans raised before appointed day. 91 90I. Attachment of Municipal Fund in default of repayment of loan. 92 90J. Annual statement to be prepared by Chief Officer. 92 91. Constitution of Salary Reserve Fund. 92 91A. Dry Latrines Conversion Fund. 93 92. Provisions regarding transfer of municipal property. 93 92A. Transfer of movable property. 93 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (v) Industrial Townships
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