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

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 11...

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 Act, 1965 SECTIONS. PAGES 93. Provisions relating to contracts and tenders......... 93 94. Bar againts officers and servants being interested in contract..... 95 95. Penalty to Councillors, officers and servants for improper interest in contracts, etc... 95 96. Liability of Councillors, officers and servants for loss or damage..... 95 97. Application of municipal property and funds within and without the municipal area... 96 98. Special provision regarding loan of fire-fighting equipment, etc..... 97 99. Power to deposit and invest surplus funds......... 97 100. Power to compromise suits........... 97 100A. Application of Government Premises (Eviction) Act to municipal premises with certain.. 97 modifications. CHAPTER VIII. BUDGETS AND ACCOUNTS. 101. Budgets............. 98 102. Municipal accounts............. 101 103. Publication of accounts........... 101 104. Audit of accounts............. 101 CHAPTER IX. MUNICIPAL TAXATION. (1) Imposition of compulsory and voluntary taxes. 105. Imposition of compulsory taxes........... 102 106. Loss of income from tax due to exemption to be reimbursed by Government... 104 106A. Temporary provision for levying general tax at reduced rate in area of Zilla Parishad.. 104 included in a smaller urban area. 106B. Transitory provisions in respect of property tax on capital value..... 106 107. Provision for exempting ‘C’ Class Councils from levying certain taxes temporarily... 107 108. Other taxes which Council may impose......... 107 108A. Fees............. 108 109. Procedure preliminary to imposing tax under section 108 and fees under section 108A... 108 110. Discretionary tax when sanctioned not to be abolished without previous sanction of.. 109 Government. 111. Local publication of by-laws relating to taxes, with notice....... 109 112. Council may vary rates of tax within precribed limits....... 109 (2) Assessment and liability to tax on building and lands. 113. Appointment of authorised Valuation Officer......... 110 114. Rateable value how to be determined......... 110 115. Preparation of assessment list........... 110 116. Person primarily liable for a property tax how to be designated if his name cannot be.. 111 ascertained. 117. Authorised Valuation Officer to check assessment....... 111 118. Publication of notice of assessment list......... 111 119. Public notice of time fixed for lodging objections......... 111 120. Objection how to be dealt with........... 111 121. Authentication of list of assessment......... 112 122. Authentic list how far conclusive........... 112 (vi) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 SECTIONS. PAGES 123. Amendment of assessment list........... 112 124. Preparation of new assessment list and periodical revision of rateable values... 113 125. Primary responsibility for property taxes on whom to rest....... 113 126. When occupiers may be held liable for payment of property taxes..... 114 127. Partial remission in respect of property remaining unoccupied..... 114 127A. Rebate in property tax for advance payment......... 115 127B. Rebate or remission in property tax for implementing ecologically beneficial scheme... 115 128. When building or land deemed to be productive of rent....... 115 129. Parties to transfer of property to give notice of transfer....... 115 130. Form of notice............. 115 131. In absence of notice, liability to taxes to continue on original holder..... 116 132. Fixed charges and agreements for payment in lieu of special water tax..... 116 133. Power to fix special rate in lieu of special sanitary tax....... 116 134. Recovery of sums claimed under the last two preceding sections..... 116 135. Council may sell surplus water for use outside municipal area..... 116 (3) Tolls [Deleted] 136. [Deleted]. 137. [Deleted]............. 117 138. [Deleted]. 139. [Deleted]. 140. Tables of tolls to be shown on demand......... 117 141. Power to seize vehicle or animal or goods for non- payment of toll and to dispose of.. 117 seized property. 142. [Deleted]. 143. [Deleted]............. 118 143A. [Deleted]. 144. Farming of tolls............. 118 (4) Supplementary provisions regarding taxes. 145. Power to compound tax on vehicles or animals......... 118 146. Assessment not invalid for defect of form......... 118 147. Power of State Government to require Councils to impose taxes..... 118 (4A) Stamp duty. 147A. Additional Stamp duty on certain transfers of immovable properties in certain.. 119 municipal areas. (5) Fees. 148. Fees may be charged for certain licences, permission, etc....... 119 CHAPTER IX-A. PROVISIONS RELATING TO LEVY, COLLECTION AND RECOVERY OF CESS ON ENTRY OF GOODS. 148A. Levy of cess............. 120 148B. Incidence of cess............. 120 148C. Certain goods not liable to or exempt from cess......... 121 148D. Libaility of cess in certain cases........... 121 148E. Cess Authorities............. 121 148F. Registration............. 122 148G. Memorandum of sales or purchases......... 122 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (vii) Industrial Townships Act, 1965 SECTIONS. PAGES 148H. Prohibition against collection of cess......... 122 148I. Liability to maintain accounts........... 122 148J. Production and inspection of accounts and documents and search of premises, seizure.. 123 of books of accounts and goods, etc. 148K. Chief Officer to have powers of Civil Court......... 123 148L. Offences and penalties........... 124 148M. Disclosure of information by Chief Officer, Municipal Officer or servant..... 126 148N. Compounding of offences........... 126 148O. Indemnity............. 126 CHAPTER X. RECOVERY OF MUNICIPAL CLAIMS. 149. Mode of recovery of any money claimable under this Act....... 127 150. Presentation of bill for sums due to Council and discount for prompt payment... 127 150A. Levy of penalty on unpaid amount of Bill......... 127 150B. Special provision for facility for payment of property taxes....... 128 150C. Power to assess in case of escape from assessment....... 128 151. [Deleted]............. 128 152. When warrant may be issued........... 128 153. To whom warrant addressed........... 128 154. Power of entry by force under special order......... 129 155. Warrant how to be executed........... 129 156. Sale of property distrained or attached; application of proceeds of sale..... 130 157. Surplus, if any, how dealt with........... 131 158. Sale outside municipal area........... 131 159. Fees and costs chargeable........... 131 160. Summary proceedings may be taken against person about to leave municipal area... 131 161. Sales in other cases by whom to be ordered and the manner of making and confirming.. 132 them. 162. Liability of lands, buildings, etc., for taxes......... 132 163. Receipts to be given for all payments......... 132 164. Certain amounts to be recovered as arrears of land revenue..... 132 165. Stay orders on warrants by whom to be issued......... 132 166. [Deleted]............. 133 167. Power to write off............. 133 167A. Power of Council to grant rebate for payment of arrears of tax..... 133 168. Appointment of Recovery Officer........... 133 169. Appeals to Magistrates or committee......... 134 170. Procedure in appeal............. 136 171. Revision by Court............. 137 171A. Power of Chief Officer to make fresh assessment....... 137 172. Bar of other proceedings........... 137 172A. Assessment subject to valuation or revision by Muncipal Property Tax Board... 137 (viii) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 CHAPTER XI. STREETS AND OPEN SPACES. 173. Powers in respect of public streets........... 137 174. Powers to declare any street a public street, subject to objections by owners... 138 175. Power to require repair, etc., of private streets and to declare them as public streets... 138 176. Regular line of a public street........... 139 177. Setting back projecting buildings........... 140 178. Setting forward to regular line of street......... 141 179. Surface projections, obstructions and encroachments in respect of public streets... 141 180. Prohibition of projections other than surface projections upon streets, etc... 142 181. Projections, encroachments, etc., in public places and open spaces, whether vesting in.. 144 Council or not. 182. Power to require boundary walls, hedges, etc., to be constructed or removed... 144 183. New private streets............. 144 184. Troughs and pipes for rain water......... 146 185. Naming and numbering streets and numbering of premises....... 146 186. Displacing pavements, etc........... 146 187. Prohibition of sale of articles in public streets, without licence..... 147 188. Prohibition of playing hand-carts without licence....... 147 CHAPTER XII. CONTROL OVER BUILDINGS. 189. Notice of construction of building........... 148 189A. Levy of penalty on unlawful building......... 151 190. Power of Chief Officer and Council to refuse permission....... 152 191. Level of buildings............. 153 192. Roofs and external walls of buildings not to be made of inflammable materials... 153 193. Completion certificate, permission to occupy or use....... 153 193A. Structural stability certificate........... 154 194. Building for human habitation not to be used as godown, etc.; and vice versa... 156 194A. Responsibility of owner as occupier to keep and maintain exterior of building in good.. 156 condition. 194B. Power of Chief Officer to make declaration of aesthetic harmony..... 157 195. Removal of building structures, etc., which are in ruins or likley to fall..... 158 196. Penalty for defacing building, etc........... 159 197. Fixing of lamps, brackets, etc., to houses......... 159 198. Regulation of huts............. 159 199. Improvement of huts........... 160 CHAPTER XIII. DRAINAGE. 200. Municipal control over drainage........... 161 201. Power of making and repairing drains......... 161 202. Power to require sufficient drainage of houses......... 161 203. New building not to be erected without drains......... 162 204. Power of owners and occupiers of buildings or lands to drain into municipal drains... 162 205. Right to carry drain through land or into drain belonging to other persons... 162 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (ix) Industrial Townships Act, 1965 SECTIONS. PAGES 206. Rights of owner of land, through which drain is carried in regard to subsequent.. 163 building thereon. 207. Provision of privies, etc........... 164 208. Power to require owners to keep drains, etc., in proper order or to demolish or.. 164 close a privy or cesspool. 209. Power to close private drains and cesspools......... 165 210. Encroachment on municipal drains........... 165 211. Power in respect of drains, etc., unauthorisedly constructed, rebuilt or unstopped... 165 212. Inspection of drains, etc........... 166 213. Council may execute certain works without option to person concerned of executing the 166 same. 214. Pipes, etc., constructed by Council to be municipal property....... 166 CHAPTER XIV. WATER SUPPLY. 215. Prohibition of certain acts affecting the municipal water works..... 167 216. Prohibition of wilful or neglectful acts relating to water works..... 168 217. Prohibition of constructing drains, etc., near sources of water supply..... 168 218. Power to carrying water mains........... 169 219. Power to require water supply to be taken......... 169 219A. Obligation of Council to partake common facility....... 169 220. Powers and duties with regard to dangerous, stagnant or insanitary sources of water.. 169 supply. 221. Power to regulate bathing and washing places......... 171 222. Inspection of Municipal water works by persons appointed by State Government... 171 223. Digging of wells, etc., without permission prohibited....... 171 CHAPTER XV. PUBLIC SAFETY AND CONVENIENCES. 224. Fencing and lighting during repairs, etc......... 172 225. Dangerous quarrying........... 172 226. Hoards to be set up during repairs, etc......... 173 227. Power to require precaution in place of public entertainments..... 173 228. Powers for suppression of fires........... 174 CHAPTER XVI. NUISANCES. 229. Depositing dust, etc., committing nuisance......... 175 230. Discharging sewage, etc........... 175 231. Non-removal of filth, etc........... 175 232. Removal of night-soil........... 176 233. Using offensive manure, etc........... 176 234. Abatement of nuisance from wells, etc......... 176 235. Buildings or rooms in buildings unfit for human habitation....... 177 236. Filthy buildings, etc............. 177 H 4109—2 (x) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 CHAPTER XVII. PREVENTION AND CONTROL OF DANGEROUS DISEASES. 237. Dangerous diseases............. 178 238. Power to prohibit use of public conveyances for carriage of persons suffering from.. 179 dangerous diseases. 239. Restrictions on persons suffering from dangerous diseases....... 179 240. Control and prevention of dangerous diseases......... 179 241. Information to be given to the Chief Officer or Health Officer about incidence of.. 180 dangerous diseases. 242. Power of entry into places where cases of dangerous disease suspected..... 180 243. Chief Officer or Health Officer may direct owner or occupier to take certain.. 181 precautionary measures and in default, carry out the same. 244. Prohibition of use of water likely to spread dangerous disease..... 181 245. Additional powers of Council on threatened outbreak of dangerous disease... 182 246. Penalty for contravention of provisions relating to dangerous diseases..... 182 247. Payment of compensation........... 183 248. Diseases among animals........... 183 249. Proceedings to abate overcrowding of interiors of buildings....... 183 250. Withdrawal and modification of powers and orders under this Chapter..... 184 251. Special powers in respect of overcrowding area......... 184 CHAPTER XVIII. DISPOSAL OF DEAD BODIES AND CARCASSES OF ANIMALS. 252. Council to provide or permit burning and burial grounds....... 186 253. Closing of places for disposal of dead......... 187 254. Acts prohibited in connection with disposal of dead....... 187 255. Certificate for disposal of dead........... 188 256. Disposal of dead animals........... 188 CHAPTER XIX. VITAL STATISTICS. 257. Council to provide funds and employ staff for registration....... 189 258. Registers of births and deaths........... 189 259. Intimation regarding birth........... 189 260. Information regarding foundings........... 190 261. Intimation regarding name of child......... 190 262. Intimation regarding death........... 190 263. Report by medical practitioners........... 190 264. Correction of errors in registers........... 190 265. Penalty for failure to report births and deaths and for false statements..... 191 CHAPTER XX. MARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS. (1) Markets and Slaughter-houses. 266. Power to provide and maintain municipal markets and slaughter-houses..... 191 267. Private markets, etc., not to be held without licence....... 191 268. Slaughter-houses, etc., beyond municipal area......... 192 269. Restriction on slaughter of animals for sale......... 192 270. Provisions for requiring private market buildings and slaughter-houses to property.. 193 paved and drained. 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (xi) Industrial Townships Act, 1965 SECTIONS. PAGES 271. Provisions regarding approaches and environs of private markets..... 193 272. Levy of stallages, rents and fees........... 194 273. Farming of markets and slaughter-house rents....... 195 (2) Other occupations and trades. 274. Control on preparations of food, eating houses, hotels, lodging houses, etc... 195 275. Control on dairies and business in milk, milk products and sweet-meats..... 196 276. Control of stables............. 196 277. No separate licence necessary, if one is obtained under Prevention of Food Adulteration 196 Act. 278. Factory, etc., not to be established without licence....... 197 279. Prohibition of use of steam whistles, etc......... 197 280. Certain articles not to be kept without licence......... 197 281. Certain other trades and occupations not to be carried on without licence... 198 CHAPTER XXI. CATTLE-POUNDS AND OTHER PROVISIONS RELATING TO ANIMALS. (1) Cattle-Pounds. 282. Cattle-trespass Act to cease to apply to municipal areas....... 199 283. Power to establish cattle-pounds and appoint pound keepers....... 199 284. Duties of pound keepers........... 199 285. Impounding cattle............. 199 286. Delivery of cattle claimed........... 200 287. Security in respect of impounded cattle......... 200 288. Sale of cattle not claimed........... 200 289. Pound-fees and expenses chargeable to be fixed....... 201 290. Complaints of illegal seizure or detention......... 201 (2) Other provisions relating to animals. 291. Penalty for allowing cattle to stray in street or to trespass upon private or public.. 201 property. 292. Tethering cattle, etc............. 202 293. Provisions as to dogs........... 202 294. Provision as to keeping of pigs........... 203 295. Feeding animals on filth prohibited......... 203 CHAPTER XXII. PROSECUTIONS, SUITS AND POWERS OF POLICE. 296. Provisions as respects institution, compounding, etc., of criminal actions..... 204 297. Distress lawful though defective in form......... 205 298. Damage to municipal property how made good......... 205 299. General penalty............. 205 300. Minimum penalty for offences under this Act......... 206 300A. Offences under section 189 to be cognizable and bailable....... 206 301. Power to institute, defend suits, etc......... 206 301A. Bar of jurisdiction............. 207 302. Councillors, officers, servants, etc., to be public servants....... 207 302A. Power of State Government to accord previous sanction....... 207 H 4109—2a (xii) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 SECTIONS. PAGES 303. Bar of suits against Council, its officers, servants, etc., for acts done in good faith... 207 304. Limitation of suits against Council, its committees, officers and servants for acts done.. 207 in pursuance or execution of this Act. 305. Powers of Police Officers........... 208 CHAPTER XXIII. CONTROL. 306. Powers of inspection and supervision......... 209 307. Powers to call for returns and reports......... 209 308. Powers to suspend execution of orders and resolution of Council on certain grounds... 209 309. Extraordinary powers of execution of certain works in case of emergency... 210 310. Power of Director to prevent extravagance in the employment of establishment... 210 311. Inquiry into municipal matters by State Government....... 210 312. Power of Director to enforce performance of duties....... 211 312A. Power of State Government to issue instruction or directions..... 211 313. Power to dissolve a Council........... 211 314. [Deleted]............ 212 315. [Deleted] 316. Consequences of dissolution........... 212 317. Re-constitution of Council after dissolution......... 213 318. Revisional powers of State Government......... 213 319. State Government’s powers to enforce its orders....... 213 320. Powers of review............. 213 CHAPTER XXIV. RULES AND BY-LAWS. 321. Power of Government to make rules......... 214 322. Power of Council to make by-laws........... 214 323. Power to make and enforce acceptance of model by-laws....... 216 324. Copies of Act, rules and by-laws to be made available at Council’s office for public.. 216 inspection and for sale. CHAPTER XXV. SERVICE OF NOTICES, EXECUTION OF WORKS ON DEFAULT AND COMPENSATION. 325. Service of notices, etc., addressed to individuals....... 217 326. Publication of public and general notices......... 218 327. Reasonable time to be fixed when no time fixed under the Act for any requisition... 218 328. Council in default of owner or occupier may execute works and recover expenses... 219 329. Proceedings, if any occupier opposes the execution of the Act..... 220 330. Determination of damages, compensation etc......... 220 331. Costs or expenses how determined and recovered....... 221 CHAPTER XXVI. MISCELLANEOUS. 332. Informalities and errors in assessment etc., not to be deemed to invalidate such.. 222 assessment, etc. 333. Entry for purposes of the Act........... 222 334. Chief Officer may authorise any person to enter upon adjoining premises... 223 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats and (xiii) Industrial Townships Act, 1965 SECTIONS. PAGES 335. Power of Chief Officer to call for information as to ownership of any property... 224 336. Power of Collector to recover record and money......... 224 337. Power to grant ex-post facto sanction......... 224 338. General provisions regarding grant, suspension or withdrawal of licences and written.. 225 permission and levy of fees, etc. 339. Power to order closure of place........... 226 340. Power of State Government to make suitable provision by order when a Municipal area 226 is created or altered. 341. Abolition of Municipalities........... 228 CHAPTER XXVI-A. NAGAR PANCHAYATS. 341A. Specification of a transitional area and incorporation of a Nagar Panchayat... 229 341B. Constitution and Elections to Nagar Panchayat....... 229 341C. Power to extend provisions of this Act relating to Councils to a transitional area... 229 341D. Abolition or alteration of a transitional area....... 230 341E. Consequences of such abolition or alteration....... 230 CHAPTER XXVI-B. INDUSTRIAL TOWNSHIPS. 341F. Specification of Industrial Townships......... 230 341G. Incorporation of Industrial Townships Authority....... 230 341H. Constitution of Industrial Townships Authority....... 230 341I. Term of Office of Members......... 231 341J. Terms and conditions of services of Chief Executive Officer and Members... 231 341K. Meetings of Industrial Township Authority......... 231 341L. Authentication of orders and documents of Industrial Township Authority... 232 341M. Functions and duties of Industrial Township Authority....... 232 341N. Powers of Industrial Township Authority......... 232 341O. Power to make regulation........... 233 341P. General control of Government........... 233 341Q. Powers to suspended execution of orders and resolutions of Industrial Townships.. 233 Authority on certain grounds. 341R. Power to appoint Administrator in certain circumstances....... 233 341S. Application of Regional and Town Planning Act....... 233 CHAPTER XXVII [deleted]. 342. [Deleted]............ 234 CHAPTER XXVIII. REPEALS AND TRANSITORY PROVISIONS. 343. Repeal............. 234 344. Interpretation............. 234 345. Special provisions regarding Councillors of existing Councils whose term is due to.. 235 expire after 31st December 1965. 345A. Establishment, composition and term of office of first successor Council, if term of.. 235 existing Councillors is made to expire before 31st December 1967. 346. Consequences of replacement of existing Councils....... 237 347. Provisions relating to officers and servants......... 239 (xiv) Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 SECTIONS. PAGES 348. Special provisions relating to existing Members of Hyderabad Area Local Government.. 240 Service. 349. Obligation to carry out certain duties and functions of existingCouncils..... 240 350. [Deleted]............. 240 351. Power to remove difficulty........... 240 SCHEDULE I............. 241 SCHEDULE IA............. 245 SCHEDULE II............. 246 SCHEDULE III............. 247 SCHEDULE IV. [Deleted]............ 248 SCHEDULE V............. 248 SCHEDULE VI............. 248 SCHEDULE VII............. 249 SCHEDULE VIII............. 250 SCHEDULE IX............. 250 —————— 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 1 and Industrial Townships Act, 1965 MAHARASHTRA ACT NO. XL OF 19651 [THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965.] [Received the assent of the President on the 7th day of September 1965, assent first published in the Maharashtra Government Gazette, Part IV, on the 10th day of September 1965.] Amended by Mah. 52 of 1965. ” ” ” 14 of 1966. ” ” ” 8 of 1967. ” ” ” 10 of 1967. ” ” ” 27 of 1967. ” ” ” 6 of 1968. ” ” ” 25 of 1969. ” ” ” 43 of 1969. ” ” ” 38 of 1971 (1-5-1974)† ” ” ” 12 of 1972. ” ” ” 34 of 1972. ” ” ” 21 of 1973 (15-11-1976)† ” ” ” 47 of 1973‡ (16-10-1973)† ” ” ” 4 of 1974 (23-10-1974)† ” ” ” 38 of 1974 (20-5-1974)† ” ” ” 16 of 1975 (1-4-1975)† ” ” ” 45 of 1975 (16-9-1975)† ” ” ” 9 of 1976 (12-4-1976)† ” ” ” 61 of 1977 (1-1-1978)† ” ” ” 10 of 1980* (29-12-1979)† ” ” ” 20 of 1980¶ (16-10-1980)† ” ” ” 12 of 1981 (4-2-1981)† ” ” ” 19 of 1981 (15-7-1981)† ” ” ” 20 of 1981 (28-4-1981)† ” ” ” 67 of 1981** (1-10-1981)† ” ” ” 68 of 1981 (28-12-1981)† ” ” ” 69 of 1981 (28-12-1981)† ” ” ” 11 of 1983 (1-5-1983)† ” ” ” 27 of 1983@ (20-5-1983)† ” ” ” 32 of 1983§*** (1-4-1981)† 1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1965, Part V, Extra, pages 214-222, for Report of the Joint Committee, see ibid., Part V, pages 395-580. † This indicates the date of commencement of Act. ‡ This Act, except section 5 thereof, was deemed to have come into force on 16th October 1973. * Maharashtra Ordinance No. XI of 1979 was repealed by Mah. 10 of 1980, s. 11(1). ¶ Maharashtra Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980. s. 23 ** Maharashtra Ordinance No. XIII of 1981 was repealed by Mah. 67 of 1981. s. 6. @ Maharashtra Ordinance No. XI of 1983 was repealed by Mah. 27 of 1983. s. 5. § Maharashtra Ordinance No. XIII of 1983 was repealed by Mah. 32 of 1983. *** Section 5 of Mah. 32 of 1983 reads as follow :— “5. Notwithstanding anything contained in the principal Act, or in any rules or by-laws made Validation of thereunder or in any judgment, decree or order of any Court, any taxes levied and collected in certain taxes accordance with the provisions of the principal Act by any Council on and after the 1st April 1981, levied and without giving any notice to the owners and occupiers of the properties of any increase made in the collected rate at which any tax is leviable or of the increased assessment of their properties due to any such without notice increase in the rate of the tax, shall be deemed to be validly levied and collected and shall be of increase of deemed always to have been valid, and shall not be called in question in any Court on the ground rate of tax to only that any such notice was not given before the tax at the higher rate was levied and collected. owners and No suit or other proceeding shall be maintained or continued in any Court for the refund of any occupiers of amount of tax so levied and collected.” properties. 2 Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 Amended by Mah. 34 of 1983* (18-6-1983)† ” ” ” 7 of 1984‡ (30-3-1984)† Amended by Mah. 7 of 1986*** (20-12-1985)† Amended by Mah. 14 of Mah. XXI of 1992*@ (14-5-1992)† 1965. * Sections 4 and 5 of Mah. 34 of 1983 read as follows :— Validation of “4. Notwithstanding anything contained in the Maharashtra Public Services (Subordinate) certain appointments Selection Boards Act, 1973, every person who has been appointed to any post in the subordinance to service on or before the day immediately preceeding the date of commencement of this Act, and subordinate who is still in the service on the date of commencement of this Act, shall be deemed to have been service. validly appointed to that post, notwithstanding that such person was not nominated or recommended by a Selection Board, or as the case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services (Subordinate) Selection Board Rules, 1976, or any other Rules or Orders for the time being in force or that no revised rules for selection of candidates by a Selection Board or a Special Selection Board were framed; and no such appointment shall be called in question in any Court or before any authority merely on the ground that he was not duly selected or appointed : Provided that,— (a) In the case of such appointment under the State Government, the initial appointment of the person is made,— (i) in confirmity with the age limit and minimum qualifications prescribed in the recruitment rules for the post in force at the time of such appointment ; (ii) from amongst candidates recommended by the Employment Exchange or Social Welfare Officer or Backward Class Organisation authorised by Government to sponsor candidates for appointment to Government Service or the Collector from the list of candidates employed during the 1977-78 strike period ; (iii) in conformity with the orders issued by Government, from time to time, in respect of reservation of posts for persons belonging to backward classes, economically weaker sections, ex-servicemen, physically handicapped persons, or any other category ; and (b) in the case of such appointment under the Zilla Parishads, the Municipal Councils, Bom. the Municipal School Boards constituted under the Bombay Primary Education Act, 1947, the LXI of 1947. Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 1948, and LIV of the Maharashtra State Road Transport Corporation constituted under the Road Transport 1948. Corporations Act, 1950, the initial appointment of the person is made in confirmity, with their LXIV of relevant rules or regulations or orders made by the authority concerned for the post, or any 1950. order issued in that behalf by Government, and in force at the time of such appointment. Explanation.—For the purpose of determining the initial appointment referred to in the proviso to this section, any technical break in service effected, and any subsequent formal order of appointment made, in respect of any person, continued in any post in the Subordinate Service, in order to comply with the requirements of any rules or orders made or issued in respect of recruitment to the Subordinate Service, shall be ignored. Savings. 5. Save as otherwise provided in this Act, the provisions of section 7 of the Bombay General Bom. I Clauses Act, 1904 with regard to effect of repeal, shall apply.”. of 1904. † This indicates the date of commencement of Act. ‡ Section 7 of Mah. 7 of 1984 reads as under : Removal of “7. If any difficulty arises in giving effect to the provisions of any of the Acts, as amended difficulty. by this Act, during the period of one year from the date of coming into force of this Act, the State Government may, as occasion arises, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty.” *** Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7. £ Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8. @ Maharashtra Ordinance No. III of 1990 was repealed by Mah. 12 of 1990, s. 14. 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 3 and Industrial Townships Act, 1965 Amended by Mah. 4 of 1987 (18-2-1988)† Amended by Mah. 21 of 1992 *@ @ (10-8-1992)† ” ” ” 20 of 1987 (1-11-1987)† Amended by Mah. 13 of 1993 @ @ @‡(30-12-1992)† ” ” ” 11 of 1988 (25-4-1988)† Amended by Mah. 18 of 1993 ” ” ” 28 of 1989£ (12-6-1989)† Amended by Mah. 30 of 1993 (1-9-1993)† ” ” ” 12 of 1990 (12-2-1990)†@ Amended by Mah. 15 of 1994 ” ” ” 13 of 1990@ @ ” ” ” 26 of 1990. ” ” ” 33 of 1990 (17-9-1990)†££ Amended by Mah. 24 of 1994 ” ” ” 22 of 1991 (9-9-1991)† Amended by Mah. 41 of 1994 (31-5-94)†º ” ” ” 43 of 1994£ (2-11-1994)† ” ” ” 44 of 1994££ (11-11-1994)† ” ” ” 5 of 1995£@ (31-5-1994)† @@ Section 9 of Mah. 13 of 1990 reads as under : Mah. “9. For the removal of doubt, it is hereby declared that every woman Councillor elected to a Sitting XL of reserved seat in any of the Municipal Councils established under the Maharashtra Municipalities women 1965. Act, 1965 and holding office as such Councillor on the date of commencement of the Maharashtra councillors to Mah. Municipal Corporations and Municipalities (Second Amendment) Act, 1990, shall unless she continue to XIII of resigns or is disqualified to hold such office of Councillor before the expiry of her term, continue to hold office. 1990. be such Councillor till the expiry of her term, as if the amendment made to the Maharashtra Mah. Municipalities Act, 1965 by the Maharashtra Municipal Corporations and Municipalities (Second XL of Amendment) Act, 1990, had never been made.”. 1965. ££ Maharashtra Ordinance No. IX of 1990 was repealed by Mah. 33 of 1990, s. 3. Mah. XIII of † This indicates the date of commencement of the Act. 1990. *@ Maharashtra Ordinance No. VI of 1992 was repealed by Mah. 14 of 1992, s. 3. *@@ Maharashtra Ordinance No. IX of 1992 was repealed by Mah. 21 of 1992, s. 27. @@@ Maharashtra Ordinance No. XVIII of 1992 was repealed by Mah. 13 of 1993, s. 7. ‡ Section 7 of Mah. 13 of 1993 read as under :— “7. If any difficulty arises in giving effect to the provisions of the principal Act as amended Power to by this Act, the State Government may, as occassion arises, by order do anything not inconsis- remove tent with such provisions, which appears to it to be necessary or expedient for the purposes of difficulties. removing the difficulty : Provided that, no such order shall be made after the expiry of a period of two years commenc- ing on the 30th December 1992.” º Maharashtra Ordinance No. X of 1994 was repealed by Mah. 41 of 1994, s. 163. £ Maharashtra Ordinance No. XVII of 1994 was repealed by Mah. 43 of 1994, s. 6. † This indicates the date of commencement of Act. * Section 5 of Mah. 43 of 1994 read as follows : “5. If any difficulty arises in giving effect to the provisions of the principal Act, as amended Power to by this Act, the State Government may, as occassion arises by order do anything not inconsistent remove with such provisions, which appears to it to be necessary or expedient for the purposes of removing difficulties. the difficulty : Provided that, no such order shall be made after the expiry of a period of two years from 2nd November 1994.” H 4109—3 4 Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 Amended by Mah. 13 of 1995 (12-6-1995)† ” ” ” 11 of 1996 (21-1-1996)† ” ” ” 21 of 1996 (16-5-1996)† ” ” ” 12 of 1997 (26-11-1996)†$ ” ” ” 31 of 1999 (1-5-1999)† ” ” ” 2 of 2000 (30-4-1999)†* ” ” ” 43 of 2000 (13-9-2000)† ” ” ” 6 of 2001 (14-9-2000)†** ” ” ” 30 of 2001 (29-6-2001)†*** ” ” ” 5 of 2002† (5-1-2002) ” ” ” 8 of 2002 ##$*** † This indicates the date of commencement of Act. ££ Maharashtra Ordinance No. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11. £@ Maharashtra Ordinance No. V of 1995 was repealed by Mah. 5 of 1995, s. 13. $ Sections 1 and 5 of this Act were deemed to have come into force on 26th November 1996; and sections 2, 3 and 4 were deemed to have come into force on 31st May 1994. $£ Sections 11, 13 to 20 and 23 shall be deemed to have come into force on 7th September 2001. Sections 20 and 23 (i) shall be deemed to have came into force on 7th September 2001, sections 21 and 23 (ii) on 7th November 2001 and sections 12 and 22 on 16th October 2001. * Maharashtra Ordinance No. XXIII of 1999 was repealed by Mah. 2 of 2000, s. 5(1). ** Maharashtra Ordinance No. XVI of 2000 was repealed by Mah. 6 of 2001, s. 3. *** Maharashtra Ordinance No. XXII of 2001 was repealed by Mah. 30 of 2001, s. 3(1). † This indicates the date of commencement of Act. ## Mah. Ordinances No. XXVIII of 2001 and XXXVII of 2001 were repealed by Mah. 8 of 2002, s. 24. $ Sections 11 and 13 to 20 and 23 (i) were deemed to have come into force on the 7th September 2001; Sections 21 and 23 (ii) were deemed to have come into force on the 7th November 2001; Sections 12 and 22 were deemed to have come into force on the 16th October 2001. *** Sections 22 and 23 of Mah. 8 of 2002 reads as follows :— Removal of “22. For the removal of doubt it is hereby declared that sub-section (3) of section 3 of the doubt. Municipal Councils Act having been amended retrospectively, with effect from the 16th October Mah. 2001, by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) and VIII Temporary Provisions for Conduct of Municipal Corporations Act, 2001,— of 2001. (i) any Government Proclamation, Notification, Order or Instrument issued or purported to have been issued in exercise or in pursuance of the provisions of sub-section (3) of section 3 read Mah. with sub-section (2) of section 6 of the Municipal Councils Act, on or after the 16th October Ord. 2001 till the 15th November 2001, being date of publication of the Maharashtra Municipal XXXVII Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2001, of shall be and shall be deemed to have been issued under the said sub-section (3), as amended 2001. by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) and Tem- Mah. porary Provisions for Conduct of Municipal Corporations Act, 2001 (hereinafter, referred to as VIII “the amended sub-section (3)”) ; and of (ii) the two months period specified for entertaining any objection to a proposal contained 2001. in such Government Proclamation, Notification, Order or Instrument shall be read and shall always be read as a period being not less than the period of thirty days, as specified under the amended sub-section (3), in such Proclamation, Notification, Order or Instrument, as the case may be, from the date of Publication of such Proclamation, Notification, Order or Instrument, in the Official Gazette ; (iii) it shall be lawful for the State Government to consider any objections that might have been received within the period or amended period as specified in such Proclamation, Notification, Order or Instrument, as the case may be, from the date of publication of such Proclamation, Notification, Order or Instrument in the Official Gazette, and thereafter, after considering the same, issue the final Notification, Order or Instrument, in respect of the same, as the State Government may deem fit ; and (iv) no such final Notification, Order or Instrument issued by the State Government after considering any such objection after the said period, shall be called in question or deemed to be invalid only on the ground that the State Government had issued such final Notification, Order or Instrument, before the expiry of the period specified for entertaining any objections, in any such Government Proclamation, Notification, Order or Instrument, before its amendment as provided by section 12. Power to 23. If any difficulty arises in giving effect to the provisions of,— remove (i) any of the relevant Municipal Law or the Municipal Councils Act as amended by this difficulties. Act, the State Government or, as the case may be, the State Election Commission, may, by order published in the Official Gazette, give such directions, not inconsistent with the provi- sions of the relevant Municipal Law or the Municipal Councils Act, as amended by this Act, as may appear to it to be necessary or expedient for the purposes of removing the difficulty; (ii) any of the relevant Municipal Law or rules contained therein or made thereunder, as they stand amended by this Act, or, as also to any other provision in any of the relevant Municipal Law or the rules contained therein or made thereunder or by reason of anything contained therein, the State Election Commission may, as occasion arises, by order, take such action as appears to it to be necessary for the purpose of removing such 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.”. 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 5 and Industrial Townships Act, 1965 Amended by Mah. 11 of 2002 (1-4-2002) †§§ ,, ,, ,, 17 of 2002 (15-12-2001) † ### ,, ,, ,, 32 of 2003 ,, ,, ,, 16 of 2004 (1-1-2005) × ,, ,, ,, 1 of 2005(28-1-2004)† #### ,, ,, ,, 31 of 2006 (1-10-2006) †Ø ,, ,, ,, 35 of 2006 (1-10-2006) †Ø Ø ,, ,, ,, 36 of 2006 (13-12-2006) † ,, ,, ,, 48 of 2006 $$ (5-10-2006) † ,, ,, ,, 49 of 2006 $$$ (27-10-2006) † ,, ,, ,, 15 of 2007 (27-10-2006) †@ ,, ,, ,, 22 of 2007 (6-8-2007) † ,, ,, ,, 33 of 2007 (1-3-2008) †Ø ØØ ,, ,, ,, 02 of 2008 (4-1-2008) † ,, ,, ,, 12 of 2008 (2-5-2008) † ,, ,, ,, 13 of 2008 (12-5-2008) †@@ØØØØ † This indicates the date of commencement of the Act. §§ 1st day of April 2002 for sections 45 to 47 and 50 and 14th day of February 2002 for sections 42 to 44, 48, 49, 51 and 52 of the Act vide G. N., U.D.D., No. MMC. 1199/218/C.R. 29/2002/UD-32, dated the 14th February 2002. ### Mah. Ordinance No. XXXIX of 2001 was repealed by Mah. 17 of 2002, s. 6. x vide G.N., U.D.D. No. BNM 5004/375/C.R. 33/UD-32, dated 1st January 2005 (see MGG, Ext. dt. 1st January 2005, Pt. IA Central Section p. 2.) #### Mah. Ordinance No. XIX of 2004 was repealed by Mah. 1 of 2005, s. 3. Ø Came into force vide G.N., U.D.D. No. MMC. 4006/205/C.R.-55/06/UD-32, dated the 15th September 2006. ØØ Came into force vide G.N., U.D.D. No. BNM. 5003/121/C.R.-19/UD-32, dated the 15th September 2006. $$ Mah. Ord. X of 2006 was repealed by Mah. 48 of 2006. s. 6. $$$ Mah. Ord. XII of 2006 was repealed by Mah. 49 of 2006. s. 6. @ Section 6 of Mah. 15 of 2007 reads as follows :— “6. Notwithstanding anything contained in the second proviso to section 9A of the Maharashtra Validation Mah. Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, any Councillor elected and XL of to reserved seat and who has not received the validity certificate from the Scrutiny Committee saving. 1965. within a period of three months from the date of his election shall continue to hold the office of the Councillor for a further period of one month, as if, the period of three months for submission of the Validity Certificate has been extended by a further period of one month; and any action taken by such Councillor during the period commencing from the expiry of three months from the date of his election and ending on the date of publication of the Maharashtra Municipal Corporations and Mah. XV Municipal Councils (Amendment) Act, 2007, shall be deemed to have been validly taken and shall of 2007. not be challenged in any Court of law only on the ground that during the period of three months from the date of his election he had not submitted the validity certificate.”. Bom. III ØØØ Came into force vide G.N.No., U.D.D. BNM. 5006/351/C.R.-79/UD-32, dated the 28th of 1888. February 2008. Bom. ØØØØ Came into force vide G.N.No., U.D.D. No. BNM. 5007/434/C.R.-119/UD-32, dated the XIL of 12th May 2008. 1949. @@ Section 6 of Mah. 13 of 2008 reads as follows :— C.P. and “6. For the removal of doubt, it is herby declared that, the election to a reserved seat to the Removal Berar II Municipal Corporations or Municipal Councils, before the date of coming into force of this Act, of doubt. of 1950. Mah. XL shall be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, the Bombay of 1965. Provincial Municipal Coporations Act, 1949, the City of Nagpur Corporation Act, 1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as they existed immediately before such date of commencement.”. H 4109—3a 6 Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 Amended by Mah. 06 of 2009 (14-1-2009) † ,, ,, ,, 07 of 2009 (6-2-2009) † Ø Ø Ø Ø Ø ,, ,, ,, 21 of 2009  ,, ,, ,, 10 of 2010 (1-6-2010) † @ @ @ Ø Ø Ø Ø Ø Ø ,, ,, ,, 27 of 2010 $$$$(2-8-2010)(26-8-2010)† @ @ @ @ ,, ,, ,, 01 of 2011 (14-1-2011) † ,, ,, ,, 09 of 2011 (1-5-2009) † ,, ,, ,, 11 of 2011 $$$$$ (10-3-2011) † ,, ,, ,, 14 of 2011 $$$$$$ (10-3-2011) † † This indicates the date of commencement of the Act. ØØØØØ came into force vide G.N.No., U.D.D. No. MMC. 2008/291/C.R.-103/UD-32, dated the 6th February 2009. Mah. 21 of 2009 has not brought into force till the 13th August 2013. @@@ Section 113 of Mah. 10 of 2010 reads as follows :— Removal of “113. For the removal of doubt it is hereby declared that all proceedings in connection with doubt. any assessment, reassessment, levy (including levy of penalty) and collection of any property tax levied on the basis of rateable value relating to any period whatsoever, immediately before the date determined by the Council under sub-section (4) of section 105 to adopt capital value to be the base for levy of property taxes shall, notwithstanding anything contained in this Act but save as otherwise expressly provided therein, be continued and dealt with under the Municipal Councils Act as if this Act has not been enacted.”. ØØØØØØ came into force vide G.N.No., U.D.D. No. MMC. 2008/466/C.R.-167/UD-32, dated the 31st May 2010. $$$$ Mah.Ord. IX of 2010 and Mah.Ord. X of 2010 were repealed by Mah. 27 of 2010, s.20. @@@@ Section 19 of Mah. 27 of 2010 reads as follows :— Power to “19. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Bom. III remove Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur of 1888. difficulty. Corporation Act, 1948 or, as the case may be, the Maharashtra Municipal Councils, Nagar Bom. Panchayats and Industrial Townships Act, 1965, in respect of the matters contained in this Act, LIX of the State Government may, as the occasion arises, by order published in the Official Gazette, do 1949. anything not inconsistent with the provisions of the Mumbai Municipal Corporation Act, the Bombay C.P. and Provincial Municipal Corporations Act,1949, the City of Nagpur Corporation Act, 1948 or, as the Bearar II case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships of 1950. Act, 1965, as amended by this Act, which appears to it to be necessary for the purpose of removing Mah. XL the difficulty : of 1965. Bom. III Provided that, no such order shall be made after the expiry of a period of two years from the of 1888. date of commencement of the respective section of this Act. Bom. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, LIX of before each House of the State Legislature”. 1949. C.P. and  Sections 3, 5, 7 and 9 came into force w.e.f. 1-5-2011 by vide G.N.U.D.D. No. BMC 5007/207/CR- Berar II 71/UD-32, dated the 27th April 2011. of 1950. $$$$$ Mah. Ord. X of 2011 was repealed by Mah. 11 of 2011, s.17. Mah. XL of 1965. $$$$$$ Mah. Ord. XI of 2011 was repealed by Mah. 14 of 2011, s.31. 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 7 and Industrial Townships Act, 1965 Amended by Mah. 20 of 2011 (21-4-2011) † @ @ @ @ @ ,, ,, ,, 26 of 2011 $$$$$$$ (26-5-2011) † ,, ,, ,, 29 of 2011 (12-9-2011)† @ @ @ @ @@ ,, ,, ,, 2 of 2012 (22-3-2012) ,, ,, ,, 15 of 2012 (4-8-2012)† ,, ,, ,, 17 of 2012 (4-8-2012)† ,, ,, ,, 28 of 2012 (20-12-2012)† ,, ,, ,, 31 of 2012  (8-10-2012) ,, ,, ,, 34 of 2014 ,, ,, ,, 10 of 2015 $$$$$$$$ ,, ,, ,, 13 of 2015 A ,, ,, ,, 43 of 2015 (5-10-2015) †@ @ @ @ @ @ @ ,, ,, ,, 19 of 2016 † This indicates the date of commencement of the Act. @@@@@ Section 6 of Mah. 20 of 2011 reads as follows :— Bom. “ 6. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Power to III of Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur remove 1888. Corporation Act, 1948 or the Maharashtra Municipal Councils, Nagar Panchayats and Industrial difficulties. Bom. Townships Act, 1965, as amended by this Act or by reason of anything contained therein, or in LIX of giving effect to any of those Acts in respect of the matters contained in this Act, the State Govern- 1949. ment may, as occasion arises, by an order published in the Official Gazette, do anything not C.P. and inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the Berar purpose of removing such difficulty : II of Provided that, no such order shall be made after the expiry of a period of two years from the date 1950. of commencement of this Act. Mah. XL of (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, 1965. before each House of State Legislature.”. $$$$$$$ Mah. Ord. XIII of 2011 was repealed by Mah. 26 of 2011, s.5. @@@@@@ Section 9 of Mah. 29 of 2011 reads as follows :— Bom. “ 9. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Power to III of Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur remove 1888. dificulties. Bom. Corporation Act, 1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar LIX of Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government 1949. may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent C.P. with the provisions of those Acts : and Provided that, no such order shall be made after the expiry of a period of two years from the date Berar of commencement of this Act. II of 1950. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, Mah. before each House of the State Legislature.”. XL of  Came into force vide G.No., U.D.D., No. MMC.2010-5-C.R.-6/UD-32, dated the 9th 1965. September 2011.  This Act Came into force vide G.No., U.D.D., No. MMC.2009/72/C.R. 48/2009/UD-32, dated the 22nd March 2012. Mah. Ord. X of 2012 was repealed by Mah. 31 of 2012, s. 4. $$$$$$$$ Mah. Ord. XVIII of 2014 was repealed by Mah. 10 of 2015, s. 5(1). Mah. Ord. XIX of 2015 was repealed by Mah. 43 of 2015, s. 6.. @@@@@@@ Section 5 of Mah. 43 of 2015 reads as follows :— III of “ 5. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Power to 1888. Corporation Act, the Maharashtra Municipal Corporations Act or, as the case may be, the remove LIX of dificulties. 1949. Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as Mah. amended by this Act, the State Government may, as occasion arises, by an order published in the XL of Official Gazette, give such directions not inconsistent with the provisions of this Act, as may appear 1965. to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. A. This Act yet to be come into force upto the 10th May 2016.  8 Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 An Act to unify, consolidate and amend the law relating 1[to Municipal Councils and to provide for constitution of Nagar Panchayats and Industrial Townships in the State of Maharashtra.] WHEREAS, it is expedient to provide for a unified pattern for the constitution, administration and powers of municipalities in the State of Maharashtra and to make better provision therefor ; AND WHEREAS, for those purposes the Government of Maharashtra had appointed a Committee to advise it on the matters aforesaid ; AND WHEREAS, after considering the Report of the said Committee, it is now expedient to unify, consolidate and amend the law relating to municipalities in the State ; it is hereby enacted in the Sixteenth Year of the Republic of India as follows :— CHAPTER I. PRELIMINARY. Short title, 1. (1) This Act may be called the Maharashtra 2[Municipal Councils], extent and commencement. 3 [Nagar Panchayats and Industrial Townships] Act, 1965. (2) It extends to the whole of the State of Maharashtra. (3) This section shall come into force at once ; and the remaining provisions of this Act shall come into force in such area and on such date 4[as the State Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different provisions thereof and for different areas. ] Definitions. 2. In this Act, unless the context otherwise requires,— (1) “ appointed day ”, in relation to an area means the date on which the relevant provisions of this Act come into force in that area ; [(1A) “ Backward Class of Citizen ”, means such classes or parts of or 5 groups within such classes as are declared, from time to time by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;] (2) “building”, includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, platfroms, plinths, door steps, walls (including compound wall) and fencing and the like ; These words were substituted for the words “to Municipalities in the State of Maharashtra” 1 by Mah. 43 of 1994, s. 106. 2 These words were substituted for the word “ Municipalities ” by Mah. 18 of 1993, s. 2. 3 These words were inserted by Mah. 41 of 1994, s. 107. 4 (a) 14th day of September, 1965 for sections 2, 4, 9 to 39, 74, 296 (1), (2), (3), (4), 299, 321, 342 (1), (2), (3), (4), (5), (14), 345, 351 and Sch. 1 vide G.N., U.D. and P.H.D.; No. UMA. 1365/1 Uni-11, dated 14th September 1965. (b) 27th day of October, 1965 for section 318 vide G.N., U.D. and P.H.D.; No. UMA. 1365/Uni-11, dated 27th October 1965. (c) 15th day of June, 1966 for the remaining provisions of the Act other than those which have already come into force and other than sub-section (5), (6) and (7) of section 75, vide G.N., U.D., P. H. and H.D.; No. UMA. 1366(c) Unification-IV, dated 2nd June, 1966. 5 Clause (1A) was inserted by Mah. 41 of 1994, s. 108(1). 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 9 and Industrial Townships Act, 1965 1 [(2A) “ business ”, includes,— (a) any trade, commerce, profession, consumption or manufacture or any venture or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, venture or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption, manufacture, venture or concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, venture or concern ; (b) any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, venture or concern whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not there is any volume, frequency, continuity or regularity in such transaction; (c) any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, venture or concern involving import, purchase or sale of goods in the municipal area, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction ; (d) any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, venture or concern, whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction. Explanation.—For the purposes of this clause, the activities of raising of man-made forests or rearing of seedlings of plants shall be deemed to be a business ; ] (3) “ by-law ” means a by-law made or deemed to be made by the Council under this Act ; [(3A) “ cess ” means a cess on the entry of goods into the limits of the 2 municipal area for consumption, use or sale therein levied in accordance with the provisions of Chapter IXA ; ] (4) “ Cesspool ” includes a settlement tank or other tank for the reception or disposal of foul matter from building ; (5) “ Chief Officer ” means the person appointed or deemed to be appointed under this Act to be the Chief Officer of a municipal area ; [(6) “ Council ” means a municipal council constituted or deemed to 3 have been constituted for a smaller urban area specified in a notification issued in this respect under clause (2) of article 243-Q of the Constitution of India or under sub-section (2) of section 3 of this Act ] ; 1 Clause (2A) was inserted by Mah. 32 of 2003, s. 2(a). 2 Clause (3A) was inserted by Mah. 32 of 2003, s. 2(b). 3 Clause (6) was substituted by Mah. 41 of 1994, s. 108 (2). 10 Maharashtra Municipal Councils, Nagar Panchayats [1965 : Mah. XL and Industrial Townships Act, 1965 [(7) “ Councillor ” means a person duly elected as member of the Council, 1 2 [* * * *] and includes the nominated Councillor, who shall not have the right,— (i) to vote at any meeting of the Council and Committees of the Council ; and [(ii) to get elected as a President of the Council or a Chairperson of 3 any of the Committees of the Council;] (8) “ dairy ” includes any farm, cattle-shed, cow-house, milk-store, milk- shop or other place from which milk is supplied for sale or in which milk is kept for purposes of sale or manufactured into butter, ghee, cheese, curds or dried, sterilized or condensed or toned milk, but does not include,— (A) a shop or other place in which milk is sold for consumption on the premises only, or (B) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place ; [(8A) “ dealer ” means any person who whether for commission, 4 remuneration or otherwise imports, buys or sells any goods in the municipal area for the purpose of his business or in connection with or incidental to his business, and includes,— (a) a factor, broker, commission agent, del credere agent or any other mercantile agent, by whatever name called, and whether or not of the same description as hereinbefore specified, who buys, sells, supplies, distributes or imports any goods in the municipal area, belonging to any principal or principals whether disclosed or not ; (b) an auctioneer, who sells or auctions goods in the municipal area, belonging to any principal whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal ; (c) the Central Government or any State Government which (whether or not while carrying on business) buys, sells, supplies, distributes or imports goods directly or otherwise ; (d) a society, club or other association of persons (whether incorporated or not) which, whether while carrying on business or not, imports, buys, sells, supplies, or distributes goods whether for or on behalf of its members or not, for cash or for deferred payment or, for commission, remuneration or otherwise. Explanation.—For the purposes of this clause,— (A) a manager or agent of a non-resident dealer residing in the municipal area who imports, buys, sells, supplies or distributes goods in the municipal area, or acts on behalf of such dealer as,— (a) a mercantile agent as defined in the Sale of Goods Act, 1930, or 3 of 1930. 1 Clause (7) was substituted for the original, by Mah. 41 of 1994, s. 108 (3). 2 The words “ the directly elected president ” were deleted by Mah. 31 of 2006, s. 2 (a) (i). 3 Sub-clause (ii) was substituted by Mah. 31 of 2006, s. 2 (a) (ii). 4 Clause (8A) was inserted by Mah. 32 of 2003, s. 2(c). 1965 : Mah. XL] Maharashtra Municipal Councils, Nagar Panchayats 11 and Industrial Townships Act, 1965 (b) an agent for handling of goods or documents of title relating to goods, or (c) an agent for the collection or the payment for the sale price of goods, shall be deemed to be a dealer or as a guarantor for such collection or payment ; and (B) each of the following persons and bodies who disposes of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash, or for deferred payment, or for any other valuable consideration, shall, notwithstanding anything contained in clause (8A) or any other provisions of this Act, be deemed to be a dealer, namely :— (a) Port Tursts ; (b) Municipal Corporations, Municipals Councils, Zilla Parishads and other local authorities ; 9 of (c) Railway administration as defined under the Indian Railways 1890. Act, 1890 ; (d) Shipping, transport and construction companies ; (e) Air transport, companies and Airlines ; (f) Transporters, holding permit for transport vehicles granted 59 of under the Motor Vehicles Act, 1988, which are used or adapted to be 1988. used for hire or reward ; 64 of (g) Maharashtra State Road Transport Corporation constituted 1950. under the Road Transport Corporations Act, 1950 ; 52 of (h) Customs Department of the Government of India administering 1962. the Customs Act, 1962 ; (i) Insurance and Financial Corporations, or Companies, and Banking Companies ; (j) Advertising agencies ; (k) any other Corporation, Company, Body or Authority owned or set-up by, or subject to administrative control of, the Central Government or any State Government. Exception.—(i) Any individual who imports goods for his exclusive consumption or use and a Department of State