The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020 Act 7 of 2020 Amendment Appe
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The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020 Act 7 of 2020 Amendment appended: 12 of 2020, 33 of 2020 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`,ö ¨ÉÉSÉÇ 12, 2020/¡òɱMÉÖxÉ 22, ¶ÉEäò 1941 1 RNI No. MAHENG/2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 6, +ÆEò 14(3)] MÉÖ°ü´ÉÉ®úú, ¨ÉÉSÉÇ 12, 2020/¡òɱMÉÖxÉ 22, ¶ÉEäò 1941 [{ÉÞ¹`äö 2, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 28 |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 Constitution of India, the following translation in English of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020 (Maharashtra Act No. VII of 2020), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, RAJENDRA G. BHAGWAT, Secretary (Legislation) to Government, Law and Judiciary Department. MAHARASHTRA ACT NO. VII OF 2020. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 12th March 2020.) An Act 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 Mah. XL amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial of 1965. Townships Act, 1965, for the purposes hereinafter appearing ; and, therefore, Mah. Ord. promulgated the Maharashtra Municipal Councils, Nagar Panchayats and Industrial I of 2020. Townships (Amendment) Ordinance, 2020, on the 27th January 2020; AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Seventy-first Year of the Republic of India as follows :— ¦ÉÉMÉ +É`----28----1 (1) 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`,ö ¨ÉÉSÉÇ 12, 2020/¡òɱMÉÖxÉ 22, ¶ÉEäò 1941 Short title and 1. (1) This Act may be called the Maharashtra Municipal Councils, Nagar commencement. Panchayats and Industrial Townships (Amendment) Act, 2020. (2) It shall be deemed to have come into force on the 27th January 2020. Amendment of 2. In section 10 of the Maharashtra Municipal Councils, Nagar Panchayats Mah.XL section 10 of and Industrial Townships Act, 1965 (hereinafter referred to as “ the principal Act ”), of 1965. Mah. XL of 1965. in sub-section (2), in the proviso, after the words, brackets and figures “ the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Mah. IX Panchayats and Industrial Townships (Amendment) Act, 2016 ” the words, brackets of 2017. and figures, “ but till the day immediately preceding the date of the publication of the Mah. VII of 2020. Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020, ” shall be inserted. Removal of 3. For the removal of doubts, it is hereby declared that nothing in the principal doubts. Act, as amended by the Maharashtra Municipal Councils, Nagar Panchayats and Mah. VII Industrial Townships (Amendment) Act, 2020, shall be construed as reducing the of 2020. number of seats to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and Women in accordance with the provisions made by or under the principal Act. Repeal of 4. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Mah. Mah. Ord. I of Townships (Amendment) Ordinance, 2020, is hereby repealed. Ord.I 2020 and of 2020. saving. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under 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. 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. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 14, 2020/¡òɱMÉÖxÉ 24, ¶ÉEäò 1941 1 RNI No. MAHENG /2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 6, +ÆEòú 16(2)] ¶ÉÊxÉ´ÉÉ®ú, ¨ÉÉSÉÇ 14, 2020/¡òɱMÉÖxÉ 24, ¶ÉEäò 1941 [{ÉÞ¹`ä 4, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 35 |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 Constitution of India, the following translation in English of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020 (Mah. Act No. XII of 2020), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, RAJENDRA G. BHAGWAT, Secretary (Legislation) to Government, Law and Judiciary Department. ————————— MAHARASHTRA ACT No. XII OF 2020. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 14th March 2020). An Act further to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. WHEREAS both Houses of the State Legislature are not in session ; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate Mah. XL action further to amend the Maharashtra Municipal Councils, Nagar of 1965. Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter Mah. appearing ; and, therefore, promulgated the Maharashtra Municipal Councils, Ord. IV Nagar Panchayats and Industrial Townships (Second Amendment) of 1965. Ordinance, 2020, on the 4th February 2020 ; AND WHEREAS, it is expedient to replace the said Ordinance with minor modifications by an Act of the State Legislature; it is hereby enacted in the Seventy-first Year of the Republic of India as follows :— 1. (1) This Act may be called the Maharashtra Municipal Councils, Short title Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020. and commencement. (1) ¦ÉÉMÉ +É`ö---35----1 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 14, 2020/¡òɱMÉÖxÉ 24, ¶ÉEäò 1941 (2) It shall be deemed to have come into force on the 4th February 2020. Amendment 2. In section 2 of the Maharashtra Municipal Councils, Nagar Mah. XL of section 2 of Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as of 1965. Mah. XL of “the principal Act”), in clause (7), in sub-clause (ii), after the words “to get 1965. elected as” the words, figures and letters “a President of the Council in accordance with section 51A-1B under section 51 or” shall be inserted. Insertion of 3. After section 51A-1A of the principal Act, the following section shall section 51A-1B be inserted, namely :— in Mah. XL of 1965. Non- “ 51A-1B. After the date of commencement of the Maharashtra Mah. XII application of Municipal Councils, Nagar Panchayats and Industrial Townships of 2020. section 51A- (Second Amendment) Act, 2020, in respect of general elections and by- 1A for election of President of elections to the Council, the provisions of section 51A-1A shall cease to Council. apply and every Council shall have a President who shall be elected under section 51 and the provisions of the said section 51 shall apply therefor.”. Amendment 4. In section 51A of the principal Act, after sub-section (6A), the of section 51A following sub-section shall be inserted, namely :— of Mah. XL of 1965. “(6B) After the date of commencement of the Maharashtra Municipal Mah. XII Councils, Nagar Panchayats and Industrial Townships (Second of 2020. Amendment) Act, 2020, in respect of the general elections and by- elections to the Councils, the provisions of sub-section (6A) shall cease to apply and every Council shall have a Vice-President who shall be elected under section 51A and the provisions of the said section 51A shall apply therefor.”.