RNI  No. MAHENG /2009/35528

Reg. No. MH/MR/South-344/2014–16

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 In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in  English  of  the  Maharashtra  Municipal  Corporations  and  Municipal  Councils  Temporary
Postponement of Elections (of the Mayors and Deputy Mayors of Certain Municipal Corporations
and  Presidents  of  Certain Municipal  Councils  due  to  ensuing  general  elections  to  the  State
Legislative Assembly) Act, 2014 (Mah. Act No. XI of 2014), is hereby published under the authority
of the Governor.

By order and in the name of the Governor of Maharashtra,

H. B. PATEL,

Principal Secretary to Government,
Law and Judiciary Department.

––––––––––––

MAHARASHTRA ACT No.  XI OF 2014.

(First published, after having received the assent of the Governor in the
‘‘ Maharashtra Government Gazette ’’, on the 10th June 2014)

An  Act  to  provide  for  temporary  postponement  of  elections  of  the  Mayor
and  Deputy  Mayor  of  certain  Municipal  Corporations  and  of
Presidents  of  certain  Municipal  Councils  on
account  of  ensuing  general  elections  to
the  State  Legislative  Assembly.

WHEREAS  it  is  expedient  to  provide  for  temporary  postponement  of
elections of the Mayor and Deputy Mayor of certain Municipal Corporations
and of Presidents of certain Municipal Councils, for the purposes hereinafter
appearing ;  it  is  hereby  enacted  in  the  Sixty-fifth  Year  of  the  Republic  of
India,  as  follows :—

1.

(1) This Act may be called the Maharashtra Municipal Corporations
and Municipal Councils  Temporary Postponement of Elections (of the Mayors
and  Deputy  Mayors  of  Certain  Municipal  Corporations  and  Presidents  of
Certain  Municipal  Councils  due  to  ensuing  general  elections  to  the  State
Legislative  Assembly)  Act,  2014.

Short title,
commence-
ment and
duration.

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(1)

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Definitions.

(2) It shall come into force at once.

(3) It shall remain in force for a period of six months from the date
of commencement of this Act or such earlier date as may be notified by
the  State  Government  by  issuing  a  notification  in  the Official  Gazette ;
and  shall  then  expire.  Section  7  of  the  Maharashtra  General  Clauses
Act, shall apply upon the expiry of this Act, as if it had been repealed by
a Maharashtra Act.

2.

In  this  Act,  unless  the  context  otherwise  requires,—
(a)  “Municipal  Corporation”  means  a  Municipal  Corporation
constituted  under  the  Mumbai  Municipal  Corporation  Act,  or  the
Maharashtra  Municipal  Corporations  Act, ;

(b) “ Municipal  Council ” means  a  Municipal  Council  or  a Nagar
Panchayat  constituted  under  the  Maharashtra  Municipal  Councils,
Nagar  Panchayats  and  Industrial  Townships  Act,  1965 ;

(c) “ relevant  Act ”,  in  relation  to  a  Municipal  Corporation,  means
the relevant Act referred to in clause (a) and in relation to a Municipal
Council, means the Act referred to in clause (b) above ;

(d) words  and  expressions  used  in  this  Act  and  not  defined  herein

shall,  have the meanings assigned to them in the relevant Act.

I of
1904.

III of
1888.
LIX of
1949.

Mah. XL
of 1965.

Postponement
of elections of
Mayors and
Deputy
Mayors and
Presidents
and extension
of term of
their office.

3.

(1)  Notwithstanding  anything  contained  in  the  relevant  Act  or  the
rules  made thereunder  or in  any judgment,  decree  or order  of any  Court,—
(a) no  election  to  the  office  of  the  Mayor  and  Deputy  Mayor  of  a
Municipal Corporation or the President of a Municipal Council shall be
held for a period of six months from the date of coming into force of this
Act or such earlier date as may be notified by the State Government by
issuing  a  notification  under  sub-section (3)  of  section  1  (hereinafter,  in
this  Act,  referred  to  as  “ the  said  period ”) ;

(b) the  term  of  offices  of  the  Mayor  and  Deputy  Mayor  and  the
President  of  a  Municipal  Council,  to  be  elected  after  the  said  period
shall  be  co-terminus  with  the  term  of  the  elected  Councillors.

(2) Notwithstanding anything contained in sub-section (1), after the term
of offices of the Mayor and Deputy Mayor and the President,  as extended by
this  Act  expires,  they  shall  continue  to  hold  office  until  the  new  Mayor,
Deputy Mayor or, as the case may be, President, have been elected under the
relevant  Act.

4.   All  the  Mayors  and  Deputy  Mayors  and  Presidents,  whose  term  of
office  is  deemed  to  have  been  extended  or  is  extended,  as  the  case  may  be,
under  section 3,  shall, throughout  such extended  period, be  deemed to  have
been and be competent to exercise all the powers, perform all the duties and
discharge all the functions as such Mayor and Deputy Mayor or, as the case
may  be,  President;  and  no  act  done  by  any  of  them  during  the  said  period
shall  be  invalid,  or  shall  be  called  in  question  in  any  Court,  merely  on  the
ground  that  during  the  extended  period  such  Mayor  and  Deputy  Mayor  or,
as the case may  be, President could not exercise all or any  of the powers or
perform all or any of the duties or discharge all or any of the functions of the
Mayor  and  Deputy  Mayor  or,  as  the  case  may  be,  the  President  under  the
relevant  Acts.

Powers of
Mayor and
Deputy Mayor
and President
whose term of
office stands
extended and
validation of
certain acts.

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3

5. Notwithstanding anything contained in this Act, arrangements shall
be  made  by  the  concerned  officers  to  hold  the  elections  of  the  Mayor  and
Deputy  Mayor  and  the  President,  in  accordance  with  the  provisions  of  the
relevant Acts and the rules made thereunder, before, or as soon as possible,
after  the  expiration  of  the  term  of  office  of  the  existing  Mayor  and  Deputy
Mayor and the President, which stands extended by this Act.

Arrange-
ments to hold
elections of
the Mayors
and Deputy
Mayors and
Presidents.

6.

If any difficulty arises in giving effect to the provisions of this Act or
by reason of anything contained therein, or in giving effect to the provisions
of  the  relevant  Act  in  respect  of  any  matter  contained  in  this  Act,  the
State Government may, as occasion arises, by order, published in the Official
Gazette,  do  anything  which  appears  to  it  to  be  necessary  for  the  purpose  of
removing  the  difficulty.

Removal of
difficulty.

7. Nothing in this Act shall apply to the election of the Mayor or Deputy
Mayor of a Municipal Corporation, or President of a Municipal Council, which
is to be held immediately after general election to such Municipal Corporation
or the Municipal Council, during the period of duration of this Act, referred
to in sub-section (3) of section 1.

Savings.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

