The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020

1. (1) This Act may be called the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020.
2. (2) It shall be deemed to have come into force on the 27th January 2020.

In section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as “the principal Act”), in sub-section (2), in the proviso, after the words, brackets and figures “ the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016” the words, brackets and figures, “but till the day immediately preceding the date of the publication of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020,” shall be inserted.

For the removal of doubts, it is hereby declared that nothing in the principal Act, as amended by the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2020, shall be construed as reducing the 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.

1. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2020, is hereby repealed.
2. (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.

In section 52 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely :— “(4) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020, the term of office of the President elected in accordance with section 51A-1B under section 51 shall be such as provided in sub-section (1) of this section.”.

For section 55 of the principal Act, the following section shall be substituted, namely :— “ 55.

1. (1) The requisition for removal of the President elected under section 51 shall be signed by not less than one-half of the total number of Councillors and shall contain the charges of misconduct against such President and shall be sent to the Collector: Provided that, no such requisition shall be sent within a period of one year from the date of election of such President.
2. (2) Upon receipt of the requisition under sub-section (1), the Collector shall conduct the enquiry of such charges and complete such enquiry within a period of one month from the date of receipt of the requisition: Provided that, in no case such period of enquiry shall be extended beyond three months and for such extended period, prior assent of the State Government shall be obtained by the Collector, if the enquiry proceeding is delayed due to unavoidable reasons.
3. (3) The Collector shall submit the findings of such enquiry to the Government for taking appropriate action under section 55A.”.

In section 58 of the principal Act, in sub-section (1A), for the words, figures and letters “the President directly elected under section 51A-1A shall have power to give the financial sanction to such proposal of development works as may be prescribed by the State Government, from time to time” the words, figures and letters “ the President elected in accordance with section 51 or, as the case may be, the President directly elected under section 51 A-l A, shall have power to give the financial sanction to such proposal of development works as may be specified by the State Government, by order, from time to time,” shall be substituted.

In section 93 of the principal Act, in sub-section (2), in clause (c), for the proviso, the following proviso shall be substituted, namely :— “ Provided that, for such a contract as the State Government may, by order, specify, from time to time, a committee of the President (elected in accordance with section 51, or as the case may be, directly elected under section 51A-1A) and the Chief Officer shall approve such contract, within a period of fifteen days from its receipt.”.

After section 341B-1A of the principal Act, the following section shall be inserted, namely :— “ 341B-1B. After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020, in respect of the general elections and by-elections to the Nagar Panchayats, the provisions of section 341B-1A shall cease to apply and every Nagar Panchayat shall have a President who shall be elected under section 341B-1 and the provisions of the said section 341B-1 shall apply therefor.”.

In section 341B-2 of the principal Act, after sub-section (6A), the following sub-sections shall be inserted, namely:- “(6B) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020, in respect of the general elections and by-elections to the Nagar Panchayats, the provisions of sub-section (6A) shall cease to apply and every Nagar Panchayat shall have a Vice-President who shall be elected under section 341B-2 and the provisions of the said section 341B-2 shall apply therefor. (6C) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020, the term of office of Vice-President elected in accordance with sub-section (6B) of section 341B-2 shall be such as provided in sub-section (6) of section 341B-2.”.

In section 341B-4 of the principal Act, after sub-section (3), the following sub-section shall be added, namely :— “(4) After the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 2020, the term of office of the President elected in accordance with section 341B-1B under section 341B-1 shall be such as provided in sub-section (1) of this section.”.

For section 341B-5 of the principal Act, the following section shall be substituted, namely :— “ 341B-5.

1. (1) The requisition for removal of the President elected under section 341B-1 shall be signed by not less than one-half of the total number of Councillors and shall contain the charges of misconduct against such President and shall be sent to the Collector : Provided that, no such requisition shall be sent within a period of one year from the date of election of such President.
2. (2) Upon receipt of the requisition under sub-section (1), the Collector shall conduct the enquiry of such charges and complete such enquiry within a period of one month from the date of receipt of the requisition: Provided that, in no case such period of enquiry shall be extended beyond three months and for such extended period, prior assent of the State Government shall be obtained by the Collector, if the enquiry proceeding is delayed due to unavoidable reasons.
3. (3) The Collector shall submit the findings of the enquiry to the Government for taking appropriate action under section 55A as applicable therefor.”.

1. (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Act, the State Government may, as the occasion arises, by order published in the Official Gazette, do anything not inconsistent with the objects and purposes of the principal Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty : Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of State Legislature.

1. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2020, is hereby repealed.
2. (2) Notwithstanding such repeal, anyting 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.