Chapter IV Chapter IV

AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965

AMENDMENTS TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965

After section 51 of the Municipal Councils Act, the following section shall be inserted, namely :— “51A-1A .(1)After the date of commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,Nagar Panchayatsand Industrial Townships (Amendment) Act, 2016, in respect of theGeneral elections to the Council, subject to the provisions of section 51-1A, every Council shall have a President who shall be elected by the persons whose names are included in the municipal voters list prepared under section 11.

1. (2) Every person qualified to be elected as a Councillor under section 15 shall be qualified to be elected as a President at an election.
2. (3) Election of the President shall be held simultaneously with the general elections of the Council and the procedure regarding holding of elections to the Council shall,mutatis mutandis,apply to such election.
3. (4) If at an election, no President is elected, a fresh election shall be held to elect a President, and if there is a failure to elect a President at the fresh election, such vacancy may, notwithstanding anything contained in this Act, be filled by election by the elected Councillors from amongst themselves.
4. (5) Any person elected under sub-section
5. (4) or
6. (7) shall be deemed to be duly elected at an election under this section.
7. (6) If, in the election of the President, there is an equality of votes, the result of the election shall be decided by lots to be drawn by the State Election Commissioner or the officer appointed by him for the purpose.
8. (7) If, during the term of the elected Councillors, there is a vacancy in the office of the President due to any reason, the same procedure as provided in sub-sections
9. (1) to
10. (6) shall apply and such President shall remain in office only for the remainder of the term, for which his predecessor would have remained in office but for such casual vacancy : Provided that, if a vacancy occurs, which is within six months prior to the date on which the term of office of the elected Councillors expires, the same shall be filled in by election from amongst the elected Councillors.
11. (8) In case of a dispute regarding election of the President, the provisions of section 21 shall,mutatis mutandis,apply.
12. (9) The Collector shall convene first general meeting of the Council within twenty-five days from the date on which the name of the President and the elected Councillors is published in theOfficial Gazetteafter the general election of the Council and the President. The nomination of the Councillors under clause(b)of sub-section
13. (1) of section 9 shall be made in the prescribed manner in this meeting.”.

In section 51A of the Municipal Councils Act, after sub-section (6), the following sub-section shall be inserted, namely :— “(6A)In respect of the Councils to which the President is directly elected after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,Nagar Panchayatsand Industrial Townships (Amendment) Act, 2016, the provisions of this section shall apply with the following modifications :—

1. (i) for sub-section (1), the following sub-section shall be substituted, namely :— “(1)Every Council shall have a Vice- President, who shall be elected by the elected Councillors amongst themselves in the first general meeting convened under sub-section

1. (9) of section 51A-1A.”;
   • (ii) for sub-section (6), the following sub-section shall be substituted, namely :— “(6)Subject to the provisions of section 55A and other provisions of this Act, the Vice-President shall hold the office for a term of five years from the date of his election and his term shall be co-terminus with the term of the Council.”.”.