Chapter V MISCELLANEOUS

In section 51B of the Municipal Councils Act, after sub-section (3), the following sub-section shall be added, namely :— “(4) The provisions of this section shall not apply when the President is elected under section 51A-1A.”.

Section 52 of the Municipal Councils Act shall be re-numbered as sub­section

1. (1) thereof, and after sub-section (1), as so re-numbered, the following sub-sections shall be added, namely :— “(2) Notwithstanding anything contained in sub-section(1),the term of office of the President, elected under sub-section
2. (1) of section 51A-1A, shall be of five years and shall be co-terminus with the term of the Council.
3. (3) Nothing in sub-section
4. (2) shall apply to the term of office of the Presidents who are holding the office in respect of the Council for which general elections have been held prior to the date of commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils,Nagar Panchayatsand Industrial Townships (Amendment) Act, 2016 and the provisions of this section, as it existed on the date immediately preceding such date of commencement, shall continue to apply in respect of the term of office of such Presidents.”.

In section 55 of the Municipal Councils Act, in sub-section(1),for the proviso, the following proviso shall be substituted, namely :— “ Provided that, no such resolution shall be moved within a period of two years from the date of election of the directly elected President and in case of the President elected by the Councillors from amongst themselves, within one year from the date of such election.”.

After section 341B of the Municipal Councils Act, the following sections shall be inserted, namely :—

“341B-1 .(1)Subject to the provisions of section 51-1A, every Nagar Panchayat shall have a President who shall be elected by the elected Councillors from amongst themselves.

1. (2) The Collector shall, within twenty-five days from the date on which the names of the Councillors elected to Nagar Panchayat are published or, as the case may be, first published under sub-section
2. (1) of section 19, in the Official Gazette, convene a special meeting of the Councillors for election of a President: Provided that, a meeting under this section shall not be held before the expiry of the term of office of the outgoing Councillors.
3. (3) The meeting called under sub-section
4. (2) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the President of a Nagar Panchayat when presiding over a meeting of the Nagar Panchayat has, but shall not have the right to vote: Provided that, notwithstanding anything contained in this Act for regulating the procedure at meetings (including the quorum required thereat), the Collector or the officer presiding over such meeting may, for reasons which in his opinion are sufficient, refuse to adjourn such meeting.
5. (4) Any Councillor aggrieved by any decision of the Collector or such officer, accepting or rejecting any nomination paper, may, within forty- eight hours from intimation of such decision, present an appeal to the Regional Director of Municipal Administration concerned and simultaneously give notice of such appeal to the Collector or such officer. Such appeal shall be disposed of by the Regional Director, as expeditiously as possible, after giving a reasonable opportunity of being heard to the parties concerned. The decision of the Regional Director on such appeal, and subject only to such decision (if any), the decision of the Collector or such officer, as the case may be, accepting or not, shall not be called in question in any Court.
6. (5) 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 in the presence of the Collector or the officer presiding in such manner as he may determine.
7. (6) Any dispute regarding election of the President shall be referred to the State Government whose decision in that behalf shall be final.
8. (7) After election of the President, the Nagar Panchayat shall continue its meeting for the purpose of electing the Vice-President.
9. (8) If there is a vacancy in the office of the President due to any reason whatsoever, then for subsequent election of a President, the same procedure as laid down in sub-sections
10. (2) to
11. (6) (both inclusive) shall apply except that the special meeting shall be called by the Collector within twenty-five days from the date on which the vacancy occurs.
12. (9) The subsequent election to the post of the President after expiry of the first term of the two and a half years of the President elected under the provisions of sub-section (2), shall be held within a period of eight days prior to the expiry of the said term of the earlier President: Provided that, the newly elected President shall take charge on the last day of the term of the outgoing President or next day thereafter. 341B-2 .(1)Every Nagar Panchayat shall have a Vice-President, who shall be elected by the elected Councillors from amongst themselves in the special meeting convened under sub-section
13. (2) of section 341B-1.
14. (2) The meeting to elect the Vice-President shall be presided over by the Collector or such officer as the Collector may nominate specially in this behalf, but the Collector or such other officer shall have no right to vote: Provided that, notwithstanding anything contained in this Act or the rules made thereunder, for regulating the procedure at meetings (including the quorum thereat), the Collector or, as the case may be, the officer, presiding over such meeting may, for sufficient reasons to be recorded in writing, refuse to adjourn such meeting.
15. (3) If, in the election of the Vice-President, there is equality of votes, the result of the election shall be decided by the officer presiding over such meeting by drawing lots.
16. (4) The name of the Vice-President so elected shall be notified by the Collector, in the Official Gazette, within fifteen days from such election.
17. (5) Any dispute regarding the election of the Vice-President shall be referred to the State Government, whose decision thereon shall be final.
18. (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 two and half years from the date of his election.
19. (7) If there is any vacancy in the office of the Vice-President for any reason whatsoever, the vacancy shall be filled up by following the procedure prescribed in sub-sections
20. (1) to
21. (3) and the Vice-President so elected shall remain in office only for the remainder of the term, for which his predecessor would have remained in office but for such vacancy. 341B-3 .(1)The Collector shall, within seven days from the date of election of the President, call a special meeting for the purpose of nominating Councillors.
22. (2) The nominations of the Councillors under clause
    • (b) of sub-section
23. (1) of section 9, shall be made in the prescribed manner.
24. (3) The meeting called under sub-section
25. (1) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the President of a Nagar Panchayat when presiding over a meeting of the Nagar Panchayat has, but shall not have the right to vote: Provided that, notwithstanding anything contained in this Act for regulating the procedure at meetings (including the quorum required thereat), the Collector or the officer presiding over such meeting may, for reasons which in his opinion are sufficient, refuse to adjourn such meeting. 341B-4.The term of office of the President, shall be of two and half years. 341B-5 .(1) A President of a Nagar Panchayat shall cease to be the President if the Councillors by a resolution passed at a special meeting by majority not less than three-fourths of the total number of Councillors so decides: Provided that, no such resolution shall be moved within a period of one year from the date of the election of the President.
26. (2) The requisition for such special meeting shall be signed by not less than one-half of the total number of Councillor’s and shall be sent to the Collector.
27. (3) The Collector shall, within ten days of the receipt of a requisition under sub-section (2), convene a special meeting of the Council: Provided that, when the Collector convenes a special meeting, he shall give intimation thereof to the President.
28. (4) A meeting to consider a resolution under sub-section
29. (1) shall be presided over by the Collector or any other officer authorised by him in this behalf, but the Collector or such other officer shall have no right to vote.
30. (5) The nominated Councillors shall have no right to vote on any resolution relating to the removal of the President.
31. (6) If the resolution seeking the removal of the President is not moved or, as the case may be, rejected, in the special meeting convened for the purpose under sub-section (3), no fresh resolution seeking the removal of the President shall be brought before the Nagar Panchayat. 341B-6 .(1)A Vice-President shall cease to be the Vice-President, if the Nagar Panchayat by a resolution passed by a majority of not less than two- thirds of the total number of the Councillors, at a special meeting, so decides: Provided that, no such resolution shall be moved within a period of six months from the date of election of the Vice-President.
32. (2) The requisition for such special meeting shall be signed by not less than one-half of the total number of Councillors and shall be sent to the President, and the President shall, within ten days of the receipt of such requisition, convene a special meeting of the Nagar Panchayat, where the nominated Councillors shall have no right to vote.
33. (3) If the resolution seeking removal of the Vice-President is not moved or as the case may be, rejected, in the special meeting convened for the purpose under sub-section (2), no fresh resolution for such removal shall be brought during the tenure of such Vice-President.”.