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1
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of
the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (third Amendment) Act, 2018 (Mah. Act No. LXV
of 2018), is hereby published under the authority of the Governor.

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

RAJENDRA  G.  BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.

—————————

MAHARASHTRA  ACT  No.  LXV  OF  2018.

(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 14th December 2018).

An Act further to amend the Mumbai Municipal Corporation Act, the Maharashtra
Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances
existed  which  rendered  it  necessary  for  him  to  take  immediate  action  further  to
amend  the  Mumbai  Municipal  Corporation  Act,  the  Maharashtra  Municipal
Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial  Townships  Act,  1965,  for  the  purposes  hereinafter  appearing ;  and,
therefore, promulgated the Mumbai Municipal Corporation, the Maharashtra Municipal
Corporations  and  the  Maharashtra  Municipal  Councils, Nagar  Panchayats  and
Industrial Townships (Amendment) Ordinance, 2018, on the 27th September 2018 ;

¦ÉÉMÉ +É`ö--166----1

(1)

III of
1888.
LIX of
1949.
Mah. XL
of 1965.
Mah.
Ord. XX
of 2018.

2

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AND WHEREAS it is expedient to replace the said Ordinance by an Act of the
State Legislature ; it is hereby enacted in the Sixty-ninth Year of the Republic of
India as follows :—

CHAPTER  I
PRELIMINARY.

Short title and
commence-
ment.

1.

(1)  This  Act  may  be  called  the  Mumbai  Municipal  Corporation,  the
Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships (Third Amendment) Act, 2018.

(2) It shall be deemed to have come into force on the 27th September 2018.

Amendment of
section 5B of
III of 1888.

Amendment of
section 37 of
III of 1888.

CHAPTER  II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.

2.

In section 5B of the Mumbai Municipal Corporation Act (hereinafter in this

Chapter referred to as “Mumbai Corporation Act”),—

III of
1888.

(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from 7th April 2015 ;

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c) after  the  second  proviso,  the  following  proviso  shall  be  added,

namely :—

“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

Mah.
LXV of
2018.

3.

In section 37 of the Mumbai Corporation Act, in sub-section (2A),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from 7th April 2015 ;

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c) after  the  second  proviso,  the  following  proviso  shall  be  added,

namely :—

“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

Mah.
LXVof
2018.

CHAPTER  III
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.

Amendment of
section 5B of
LIX of 1949.

4.

In section 5B of the Maharashtra Municipal Corporations Act (hereinafter

in this Chapter referred to as “Maharashtra Corporations Act”),—

LIX of
1949.

(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from the 7th April 2015 ;

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3

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c) after  the  second  proviso,  the  following  proviso  shall  be  added,

namely :—

“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

5.

In section 19 of the Maharashtra Corporations Act, in sub-section (1B),—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from 7th April 2015 ;

Amendment of
section 19 of
LIX of 1949.

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c) after  the  second  proviso,  the  following  proviso  shall  be  added,

namely :—

“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

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

Mah.
LXV of
2018.

Mah.
LXV of
2018.

Mah. XL
of 1965.

6.

In section 9A of the Maharashtra Municipal Councils, Nagar Panchayats
and  Industrial  Townships  Act,  1965  (hereinafter  in  this  Chapter  referred  to  as
“Municipal Councils Act”),—

Amendment of
section 9A of
Mah. XL of
1965.

(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from 7th April 2015 ;

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c) after the second proviso, the following proviso shall be added, namely :—
“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

Mah.
LXV of
2018.

¦ÉÉMÉ +É`ö--166----2

4

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Amendment of
section 51-1B
of Mah. XL of
1965.

7.

In section 51-1B of the Municipal Councils Act,—
(a) in the first proviso, in clause (ii), for the words “six months” the words
“twelve  months”  shall  be  substituted  and  shall  be  deemed  to  have  been
substituted with effect from 7th April 2015 ;

(b) in the second proviso, for the words “six months” the words “twelve
months” shall be substituted and shall be deemed to have been substituted
with effect from 7th April 2015 ;

(c)  after  the  second  proviso,  the  following  proviso  shall  be  added,

namely :—

“Provided also that, in respect of the undertaking filed by any person
under clause (ii) of the first proviso, before the date of commencement of
the  Mumbai  Municipal  Corporation,  the  Maharashtra  Municipal
Corporations and the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships (Third Amendment) Act, 2018, the period of “six
months”  specified  in  such  undertaking  shall  be  deemed  to  have  been
substituted as “twelve months”.”.

Mah.
LXV of
2018.

CHAPTER  V
MISCELLANEOUS

Saving as to
certain
elections.

8. Nothing in this Act shall affect the elections conducted by the State Election
Commission for conducting the elections or any programme declared by it therefor,
prior  to  the  date  of  commencement  of  the  Mumbai  Municipal  Corporation,  the
Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships (Third Amendment) Act, 2018, for filling up
the resultant vacancy in view of the provisions of section 5B or sub-section (2A) of
section  37  of  the  Mumbai  Municipal  Corporation  Act,  section  5B  or
sub-section  (1B)  of  section  19  of  the  Maharashtra  Municipal  Corporations  Act,
section  9A  or  section  51-1B  of  the  Maharashtra  Municipal  Councils, Nagar
Panchayats and Industrial Townships Act,1965, as it stood prior to such date of
commencement.

Mah.
LXV of
2018.

III of
1888.
LIX of
1949.
Mah. XL
of 1965.

Saving as to
certain
disqualification.

9. Any person, who has obtained the Caste Certificate and validity certificate
but has not filed such certificate prior to the date of commencement of this Act, shall
not be deemed to be disqualified under the provisions of the relevant Municipal law,
if  he  submits  such  certificate  within  a  period  of  fifteen  days  from  the  date  of
commencement of this Act :

Provided that, the provisions of this section shall not apply where the State
Election Commission has already prior to the date of commencement of this Act
held elections to fill  the vacancy of such person or  declared the programme for
holding of such election.

Power to
remove
difficulty.

10.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai
Municipal Corporation Act, the Maharashtra Municipal Corporations Act or, as the
case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, as amended by this Act, the State Government may, as the
occasion arises, by an Order published in the Official Gazette, give such directions
not inconsistent with the provisions of the said Acts as amended by this Act, as
may  appear  to  it to  be  necessary  or  expedient  for  the purpose  of  removing  the
difficulty :

III of
1888.
LIX of
1949.
Mah. XL
of 1965.

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) 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.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, Êb÷ºÉå¤É®ú 14, 2018/+OÉ½þÉªÉhÉ 23, ¶ÉEäò 1940

5

Mah.
Ord. XX
of 2018.

11.

(1) The  Mumbai  Municial  Corporation,  the  Maharashtra  Municipal
Corporations  and  the  Maharashtra  Municipal  Councils, Nagar  Panchayats and
Industrial Townships (Third Amendment) Ordinance, 2018, is hereby repealed.

Repeal  of
Mah. Ord. XX
of 2018 and
saving.

III of
1888.
LIX of
1949.
Mah. XL
of 1965.

(2) Notwithstanding such repeal, anything done or any action taken (including
any notification or order issued) under the corresponding provisions of the Mumbai
Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965, 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
said Acts, as amended by this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY  I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF
GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,  21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR
SHRI MANOHAR SHANKAR GAIKWAD.

