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)

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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]

THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL
TOWNSHIPS ACT, 1965
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(i)

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I.

PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

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CHAPTER  II.

MUNICIPAL COUNCILS.
(1) Municipal areas and their classification.

3. Specification of areas as smaller urban areas.

4. Classification of smaller urban areas.

5. Effect of reclassification of a municipal area.

6. Alteration of the limits of a municipal area.

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(2) Municipal Authorities and Establishment of Councils.

7. Municipal authorities charged with execution of the Act.

8. Establishment and Incorporation of Councils.

9. Composition of Councils.

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9A. Persons contesting election for reserved seat to submit Caste Certificate and Validity . .

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 . .

Castes and Scheduled Tribes.

10A. State Election Commissioner.

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10AA. Power of State Election Commissioner to issue directions to prevent impersonation.

11. Preparation of list of voters.

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11B.

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12. Right to vote.

13. Manner of voting.

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14. Other restrictions on voting.

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15. Qualification for becoming Councillor.

16. Disqualifications for becoming a Councillor.

17. Power to make rules regulating elections.

18. Failure to elect.

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19. Declaration of results of election.

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20. Publication of names of nominated Councillors. . .

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(4) Disputes in respect of election or nomination of Councillors.

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21. Disputes in respect of election or nomination of Councillors. . .

(5) Corrupt practices and other electoral offences.

22. Corrupt practices.

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23. Prohibition of public meetings on the election day.

24. Disturbances at election meeting. . .

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H 4109—1

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(ii)

SECTIONS.

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

[1965 : Mah. XL

PAGES

25. Prohibition of canvassing in or near polling stations.

26. Penalty for disorderly conduct in or near polling stations.

27. Penalty for misconduct at polling stations.

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28. Penalty for illegal hiring or procuring of conveyances at election.

29. Maintenance of secrecy of voting.

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30. Officers, etc., at election not to act for candidates or to influence voting.

31. Breaches of official duty in connection with election.

32. Removal of ballot paper from polling station to be an offence.

33. Other electoral offences and penalties therefor.

34. Prosecution regarding certain offences.

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(6) Power of requisitioning for election purposes.

35. Requisitioning of premises, vehicles, etc., for election.

36. Payment of compensation.

37. Power to obtain information.

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38. Eviction from requisitioned premises.

39. Release of premises from requisition.

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(7) Duration of Council and Term of office of Councillors.

40. Duration of Council.

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41. Term of office of Councillors.

41A. Election to constitute Council.

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42. Liability of Councillors to removal from office.

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43. Resignation not to affect subsequent disqualificaton of a Councillor.

44. Disqualification of Councillor during his term of office.

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45. Special provisions regarding disqualification for failure to pay taxes due to the Council. . .

46. Section 45 not to affect Council’s other powers for recovery of taxes.

47. Councillor to vacate all offices if he ceases to be Councillor.

48. Casual vacancies how to be filled up.

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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.

49A. Performance of functions by agencies.

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(2) Special provisions for undertaking Water Supply Scheme.

50. Obligation to prepare Water Supply Scheme and to make sufficient drinking water

available within certain period.

51. Election of President.

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51-1A. Reservation of office of President. . .

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(3) President and Vice-President.

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51-1B. Person contesting election for reserved office of President to submit Caste Certificate . .

and Validity Certificate.

51A. Election of Vice-President.

51B. Nominations of Councillors.

52. Term of office of President.

53. Resignation of President.

54. Resignation of Vice-President.

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1965 : Mah. XL]

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

SECTIONS.

(iii)

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55. Removal of President by Councillors.

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55-1. Removal of directly elected President by Councillors.

55-1A. Removal of Vice-President by Councillors.

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55A. Removal of President and Vice-President by Government.

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55B. Disqualification for continuing as Councillor or becoming Councillor on removal as

President or Vice-President.

56. Consequences of absence of President or Vice-President without leave.

57. President or Vice-President to handover charge.

58. Functions of President.

59. Functions of Vice-President.

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60. Simultaneous vacancy in the offices of President and Vice-President.

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61. Honorarium or Sumptuary allowance to President and meeting allowance to Councillors.

(4) Committees.

62. Appointment of Standing Committees and Subjects Committees of ‘A’ and ‘B’ Class

Councils.

63. Constitution of Subjects Committees of ‘A’ and ‘B’ Class Councils.

64. Constitution of Standing Committees of ‘A’ and ‘B’ Class Councils.

65. Standing and Subjects Committees for ‘C’ Class Councils.

66. Constitution of Standing Committee of ‘C’ Class Councils.

66A. Constitution of Wards Committees.

67. Special Committees. . .

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68. Term of office of Chairman and members of Standing and Subjects Committees.

69. Casual vacancies in Committees of the Council.

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70. Functions and powers of Standing Committees and Subjects Committees.

71. By-laws under section 70 subject to Director’s previous approval.

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71A. Powers and functions of Standing Committee or Special Committee to be exercised or . .

performed by Council or Special Subjects Committee, if necessary.

72. Limits of powers of Committees and Council in respect of financial sanction.

73. Subordination of Committees to Council.

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CHAPTER  IV.

DIRECTOR OF MUNICIPAL ADMINISTRATION AND COLLECTOR.

74. Appointment of Director and Regional Directors of Municipal Administration and their . .

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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,

Education Officer and Fire Officer and certain other Officers.

75A. Constitution of Maharashtra Municipal Services and provisions relating thereto.

76. Appointment of other officers and servants.

77. Powers and duties of Chief Officer.

77A. Sumptuary allowance to Chief Officer.

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78. Powers and duties of other officers and servants.

78A. Citizen’s Charter.

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(iv)

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

[1965 : Mah. XL

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78B. Delegation of power. . .

78C. Disciplinary action.

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78D. Non-application of provisions of section 78C in certain circumstances.

79. Punishmsent of officers and servants.

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79A. Sanction for prosecution of officers and servants of Council.

80. By-laws to be made regulating certain conditions of service.

CHAPTER VI.

CONDUCT OF BUSINESS.
(1) Meetings.

81. Provisions in regard to meetings of Council.

82. Meetings of Committees.

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83. Chief Officer to be present at every meeting of the Council, and if required at a meeting

of Committee, but not to vote or make any proposition.

83A. Deemed Sanction.

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84. Power of Council or Committee to require information, documents, etc., from Chief

Officer.

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Joint Committees of local bodies.

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(2) Validity of proceedings.

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87. Acts and proceedings of Council and Committees not vitiated by disqualifications, etc.,

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of members thereof.

87A. Disclosure of specified information.

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CHAPTER VI-A.

DISCLOSURE OF SPECIFIED INFORMATION.

CHAPTER VII.

MUNICIPAL PROPERTY, FUNDS, CONTRACTS AND LIABILITIES.

88. Power to acquire and hold property.

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89. Decision of claims to property by or against the Council.

90. Municipal Fund.

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90A. Establishment of Consolidated Water Supply and Sewage Disposal Project Fund.

90B. Establishment of Water and Sewage Fund.

90C. Powers of Council to borrow money.

90D. When and how loan shall be repaid.

90E. Maintenance and application of sinking fund.

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Investment of sinking fund.

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90G. Annual examination of sinking fund.

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90H. Provisions for loans raised before appointed day.

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90I. Attachment of Municipal Fund in default of repayment of loan.

90J. Annual statement to be prepared by Chief Officer.

91. Constitution of Salary Reserve Fund.

91A. Dry Latrines Conversion Fund.

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92. Provisions regarding transfer of municipal property.

92A. Transfer of movable property.

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1965 : Mah. XL]

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

SECTIONS.

93. Provisions relating to contracts and tenders.

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94. Bar againts officers and servants being interested in contract.

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95. Penalty to Councillors, officers and servants for improper interest in contracts, etc.

96. Liability of Councillors, officers and servants for loss or damage.

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97. Application of municipal property and funds within and without the municipal area.

98. Special provision regarding loan of fire-fighting equipment, etc.

99. Power to deposit and invest surplus funds.

100. Power to compromise suits.

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100A. Application of Government Premises (Eviction) Act to municipal premises with certain . .

modifications.

(v)

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CHAPTER VIII.

BUDGETS AND ACCOUNTS.

101. Budgets.

102. Municipal accounts.

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103. Publication of accounts.

104. Audit of accounts.

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CHAPTER IX.

MUNICIPAL TAXATION.
 (1) Imposition of compulsory and voluntary taxes.

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Imposition of compulsory taxes.

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106. Loss of income from tax due to exemption to be reimbursed by Government.

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106A. Temporary provision for levying general tax at reduced rate in area of Zilla Parishad . .

included in a smaller urban area.

106B. Transitory provisions in respect of property tax on capital value.

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107. Provision for exempting ‘C’ Class Councils from levying certain taxes temporarily.

108. Other taxes which Council may impose.

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108A. Fees.

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109. Procedure preliminary to imposing tax under section 108 and fees under section 108A. . .
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Government.

111. Local publication of by-laws relating to taxes, with notice.
112. Council may vary rates of tax within precribed limits.

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 (2) Assessment and liability to tax on building and lands.

113. Appointment of authorised Valuation Officer.
114. Rateable value how to be determined.
115. Preparation of assessment list.
116. Person primarily liable for a property tax how to be designated if his name cannot be

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ascertained.

117. Authorised Valuation Officer to check assessment.
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118. Publication of notice of assessment list.

119. Public notice of time fixed for lodging objections.. .
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120. Objection how to be dealt with.

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121. Authentication of list of assessment.
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122. Authentic list how far conclusive.

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(vi)

SECTIONS.

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

[1965 : Mah. XL

123. Amendment of assessment list.

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124. Preparation of new assessment list and periodical revision of rateable values.
125. Primary responsibility for property taxes on whom to rest.
126. When occupiers may be held liable for payment of property taxes.
127. Partial remission in respect of property remaining unoccupied.
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127A. Rebate in property tax for advance payment.
127B. Rebate or remission in property tax for implementing ecologically beneficial scheme.

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128. When building or land deemed to be productive of rent.
129. Parties to transfer of property to give notice of transfer.
130. Form of notice.
131.
132. Fixed charges and agreements for payment in lieu of special water tax.

In absence of notice, liability to taxes to continue on original holder.

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133. Power to fix special rate in lieu of special sanitary tax.

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134. Recovery of sums claimed under the last two preceding sections.

135. Council may sell surplus water for use outside municipal area.

(3) Tolls [Deleted]

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139.

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140. Tables of tolls to be shown on demand.

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141. Power to seize vehicle or animal or goods for non- payment of toll and to dispose of

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seized property.
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[Deleted].
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144. Farming of tolls.

143.

143A.

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 (4) Supplementary provisions regarding taxes.

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145. Power to compound tax on vehicles or animals. . .

146. Assessment not invalid for defect of form.

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147. Power of State Government to require Councils to impose taxes.

(4A) Stamp duty.

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147A. Additional Stamp duty on certain transfers of immovable properties in certain

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municipal areas.

(5) Fees.

148. Fees may be charged for certain licences, permission, etc.

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CHAPTER  IX-A.

PROVISIONS RELATING TO LEVY, COLLECTION AND

RECOVERY OF CESS ON ENTRY OF GOODS.

148A. Levy of cess.

148B.

Incidence of cess.

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148C. Certain goods not liable to or exempt from cess.. .

148D. Libaility of cess in certain cases.

148E. Cess Authorities.

148F. Registration.

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148G. Memorandum of sales or purchases.

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148H. Prohibition against collection of cess.

148I. Liability to maintain accounts.

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148J. Production and inspection of accounts and documents and search of premises, seizure . .

of books of accounts and goods, etc.

148K. Chief Officer to have powers of Civil Court.

148L. Offences and penalties.

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148M. Disclosure of information by Chief Officer, Municipal Officer or servant.

148N. Compounding of offences.

148O.

Indemnity.

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149. Mode of recovery of any money claimable under this Act.

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CHAPTER X.

RECOVERY OF MUNICIPAL CLAIMS.

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150. Presentation of bill for sums due to Council and discount for prompt payment.

150A. Levy of penalty on unpaid amount of Bill.

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150B. Special provision for facility for payment of property taxes.

150C. Power to assess in case of escape from assessment.

151.

[Deleted].

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152. When warrant may be issued.

153. To whom warrant addressed.

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154. Power of entry by force under special order.

155. Warrant how to be executed.

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156. Sale of property distrained or attached; application of proceeds of sale.

157. Surplus, if any, how dealt with.

158. Sale outside municipal area.

159. Fees and costs chargeable.

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160. Summary proceedings may be taken against person about to leave municipal area.

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161. Sales in other cases by whom to be ordered and the manner of making and confirming . .

them.

162. Liability of lands, buildings, etc., for taxes.

163. Receipts to be given for all payments.

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164. Certain amounts to be recovered as arrears of land revenue.

165. Stay orders on warrants by whom to be issued. . .

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[Deleted].

167. Power to write off.

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167A. Power of Council to grant rebate for payment of arrears of tax.

168. Appointment of Recovery Officer.

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169. Appeals to Magistrates or committee.

170. Procedure in appeal. . .

171. Revision by Court.

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171A. Power of Chief Officer to make fresh assessment.

172. Bar of other proceedings.

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172A. Assessment subject to valuation or revision by Muncipal Property Tax Board.

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(viii)

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

[1965 : Mah. XL

CHAPTER XI.

STREETS AND OPEN SPACES.

173. Powers in respect of public streets.. .

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174. Powers to declare any street a public street, subject to objections by owners.

175. Power to require repair, etc., of private streets and to declare them as public streets.

176. Regular line of a public street.

177. Setting back projecting buildings.

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178. Setting forward to regular line of street.

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179. Surface projections, obstructions and encroachments in respect of public streets.

180. Prohibition of projections other than surface projections upon streets, etc.

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181. Projections, encroachments, etc., in public places and open spaces, whether vesting in . .

Council or not.

182. Power to require boundary walls, hedges, etc., to be constructed or removed.

183. New private streets. . .

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184. Troughs and pipes for rain water.

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185. Naming and numbering streets and numbering of premises. . .

186. Displacing pavements, etc.

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187. Prohibition of sale of articles in public streets, without licence.

188. Prohibition of playing hand-carts without licence.

CHAPTER XII.

CONTROL OVER BUILDINGS.

189. Notice of construction of building. . .

189A. Levy of penalty on unlawful building.

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190. Power of Chief Officer and Council to refuse permission.

191. Level of buildings.

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192. Roofs and external walls of buildings not to be made of inflammable materials.

193. Completion certificate, permission to occupy or use.

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193A. Structural stability certificate.

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194. Building for human habitation not to be used as godown, etc.; and vice versa.

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194A. Responsibility of owner as occupier to keep and maintain exterior of building in good

condition.

194B. Power of Chief Officer to make declaration of aesthetic harmony.

195. Removal of building structures, etc., which are in ruins or likley to fall.

196. Penalty for defacing building, etc.

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197. Fixing of lamps, brackets, etc., to houses.

198. Regulation of huts.

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199.

Improvement of huts.

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CHAPTER XIII.

DRAINAGE.

200. Municipal control over drainage.

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201. Power of making and repairing drains.

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202. Power to require sufficient drainage of houses. . .

203. New building not to be erected without drains.

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204. Power of owners and occupiers of buildings or lands to drain into municipal drains.

205. Right to carry drain through land or into drain belonging to other persons.

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1965 : Mah. XL]

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

SECTIONS.

(ix)

PAGES

206. Rights of owner of land, through which drain is carried in regard to subsequent

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163

building thereon.

207. Provision of privies, etc.

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208. Power to require owners to keep drains, etc., in proper order or to demolish or

close a privy or cesspool.

209. Power to close private drains and cesspools.

210. Encroachment on municipal drains.. .

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211. Power in respect of drains, etc., unauthorisedly constructed, rebuilt or unstopped.

212.

Inspection of drains, etc.

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213. Council may execute certain works without option to person concerned of executing the

164

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same.

214. Pipes, etc., constructed by Council to be municipal property. . .

CHAPTER  XIV.

WATER SUPPLY.

215. Prohibition of certain acts affecting the municipal water works.

216. Prohibition of wilful or neglectful acts relating to water works.

217. Prohibition of constructing drains, etc., near sources of water supply.

218. Power to carrying water mains.

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219. Power to require water supply to be taken.

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219A. Obligation of Council to partake common facility.

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220. Powers and duties with regard to dangerous, stagnant or insanitary sources of water

supply.

221. Power to regulate bathing and washing places.

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222.

Inspection of Municipal water works by persons appointed by State Government.

223. Digging of wells, etc., without permission prohibited.

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CHAPTER  XV.

PUBLIC SAFETY AND CONVENIENCES.

224. Fencing and lighting during repairs, etc.

225. Dangerous quarrying.

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226. Hoards to be set up during repairs, etc.

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227. Power to require precaution in place of public entertainments.

228. Powers for suppression of fires.

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CHAPTER  XVI.

NUISANCES.

229. Depositing dust, etc., committing nuisance.

230. Discharging sewage, etc.

231. Non-removal of filth, etc.

232. Removal of night-soil.

233. Using offensive manure, etc.

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234. Abatement of nuisance from wells, etc.

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235. Buildings or rooms in buildings unfit for human habitation.

236. Filthy buildings, etc. . .

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H 4109—2

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(x)

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

[1965 : Mah. XL

CHAPTER  XVII.

PREVENTION AND CONTROL OF DANGEROUS DISEASES.

237. Dangerous diseases.

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238. Power to prohibit use of public conveyances for carriage of persons suffering from

dangerous diseases.

239. Restrictions on persons suffering from dangerous diseases.

240. Control and prevention of dangerous diseases.

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241.

Information to be given to the Chief Officer or Health Officer about incidence of
dangerous diseases.

242. Power of entry into places where cases of dangerous disease suspected.

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243. Chief Officer or Health Officer may direct owner or occupier to take certain

precautionary measures and in default, carry out the same.

244. Prohibition of use of water likely to spread dangerous disease.

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245. Additional powers of Council on threatened outbreak of dangerous disease.

246. Penalty for contravention of provisions relating to dangerous diseases.

247. Payment of compensation.

248. Diseases among animals.

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249. Proceedings to abate overcrowding of interiors of buildings.

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250. Withdrawal and modification of powers and orders under this Chapter.

251. Special powers in respect of overcrowding area. . .

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CHAPTER  XVIII.

DISPOSAL OF DEAD BODIES AND CARCASSES OF ANIMALS.

252. Council to provide or permit burning and burial grounds.

253. Closing of places for disposal of dead.

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254. Acts prohibited in connection with disposal of dead.

255. Certificate for disposal of dead.

256. Disposal of dead animals.

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257. Council to provide funds and employ staff for registration.

CHAPTER  XIX.

VITAL STATISTICS.

258. Registers of births and deaths.

259.

260.

261.

262.

Intimation regarding birth.

Information regarding foundings.

Intimation regarding name of child.

Intimation regarding death.

263. Report by medical practitioners.

264. Correction of errors in registers.

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265. Penalty for failure to report births and deaths and for false statements.

CHAPTER  XX.

MARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS.
(1) Markets and Slaughter-houses.

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266. Power to provide and maintain municipal markets and slaughter-houses. . .

267. Private markets, etc., not to be held without licence.

268. Slaughter-houses, etc., beyond municipal area. . .

269. Restriction on slaughter of animals for sale.

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270. Provisions for requiring private market buildings and slaughter-houses to property

paved and drained.

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1965 : Mah. XL]

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

SECTIONS.

(xi)

PAGES

271. Provisions regarding approaches and environs of private markets.

272. Levy of stallages, rents and fees.

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273. Farming of markets and slaughter-house rents.

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(2) Other occupations and trades.

274. Control on preparations of food, eating houses, hotels, lodging houses, etc.

275. Control on dairies and business in milk, milk products and sweet-meats.

276. Control of stables.

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277. No separate licence necessary, if one is obtained under Prevention of Food Adulteration

Act.

278. Factory, etc., not to be established without licence.

279. Prohibition of use of steam whistles, etc.

280. Certain articles not to be kept without licence.

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281. Certain other trades and occupations not to be carried on without licence.

CHAPTER  XXI.

CATTLE-POUNDS AND OTHER PROVISIONS RELATING TO ANIMALS.
(1) Cattle-Pounds.

282. Cattle-trespass Act to cease to apply to municipal areas.

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283. Power to establish cattle-pounds and appoint pound keepers. . .

284. Duties of pound keepers.

285.

Impounding cattle.

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286. Delivery of cattle claimed.

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287. Security in respect of impounded cattle.

288. Sale of cattle not claimed.

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289. Pound-fees and expenses chargeable to be fixed.

290. Complaints of illegal seizure or detention.

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291. Penalty for allowing cattle to stray in street or to trespass upon private or public

(2) Other provisions relating to animals.

property.

292. Tethering cattle, etc. . .

293. Provisions as to dogs.

294. Provision as to keeping of pigs.

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295. Feeding animals on filth prohibited.

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CHAPTER  XXII.

PROSECUTIONS, SUITS AND POWERS OF POLICE.

296. Provisions as respects institution, compounding, etc., of criminal actions. . .

297. Distress lawful though defective in form.

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298. Damage to municipal property how made good. . .

299. General penalty.

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300. Minimum penalty for offences under this Act.

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300A. Offences under section 189 to be cognizable and bailable.

301. Power to institute, defend suits, etc.

301A. Bar of jurisdiction.

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302. Councillors, officers, servants, etc., to be public servants.

302A. Power of State Government to accord previous sanction.

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(xii)

SECTIONS.

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

[1965 : Mah. XL

PAGES

207

207

303. Bar of suits against Council, its officers, servants, etc., for acts done in good faith.

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304. Limitation of suits against Council, its committees, officers and servants for acts done . .

in pursuance or execution of this Act.

305. Powers of Police Officers.

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306. Powers of inspection and supervision.

307. Powers to call for returns and reports.

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CHAPTER  XXIII.

CONTROL.

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308. Powers to suspend execution of orders and resolution of Council on certain grounds.

309. Extraordinary powers of execution of certain works in case of emergency.

310. Power of Director to prevent extravagance in the employment of establishment.

311.

Inquiry into municipal matters by State Government.

312. Power of Director to enforce performance of duties.

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312A. Power of State Government to issue instruction or directions.

313. Power to dissolve a Council.

314.

315.

[Deleted]

[Deleted]

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316. Consequences of dissolution.

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317. Re-constitution of Council after dissolution.

318. Revisional powers of State Government.

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319. State Government’s powers to enforce its orders.

320. Powers of review.

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CHAPTER  XXIV.

RULES AND BY-LAWS.

321. Power of Government to make rules.

322. Power of Council to make by-laws.. .

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323. Power to make and enforce acceptance of model by-laws.

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324. Copies of Act, rules and by-laws to be made available at Council’s office for public

inspection and for sale.

CHAPTER XXV.

SERVICE OF NOTICES, EXECUTION OF WORKS ON

DEFAULT AND COMPENSATION.

325. Service of notices, etc., addressed to individuals.

326. Publication of public and general notices.

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327. Reasonable time to be fixed when no time fixed under the Act for any requisition.

328. Council in default of owner or occupier may execute works and recover expenses.

329. Proceedings, if any occupier opposes the execution of the Act.

330. Determination of damages, compensation etc.

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331. Costs or expenses how determined and recovered.

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CHAPTER  XXVI.

MISCELLANEOUS.

332.

Informalities and errors in assessment etc., not to be deemed to invalidate such
assessment, etc.

333. Entry for purposes of the Act.

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334. Chief Officer may authorise any person to enter upon adjoining premises.

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1965 : Mah. XL]

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

SECTIONS.

335. Power of Chief Officer to call for information as to ownership of any property.

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336. Power of Collector to recover record and money.. .
337. Power to grant ex-post facto sanction.
338. General provisions regarding grant, suspension or withdrawal of licences and written . .

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permission and levy of fees, etc.

339. Power to order closure of place.

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340. Power of State Government to make suitable provision by order when a Municipal area

is created or altered.

(xiii)

PAGES

224

224

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225

226

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341. Abolition of Municipalities.

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228

CHAPTER  XXVI-A.

NAGAR PANCHAYATS.

341A. Specification of a transitional area and incorporation of a Nagar Panchayat.
341B. Constitution and Elections to Nagar Panchayat.
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341C. Power to extend provisions of this Act relating to Councils to a transitional area.

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341D. Abolition or alteration of a transitional area.

341E. Consequences of such abolition or alteration.

CHAPTER  XXVI-B.

INDUSTRIAL TOWNSHIPS.

341F. Specification of Industrial Townships.

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341G.

Incorporation of Industrial Townships Authority.

341H. Constitution of Industrial Townships Authority.

341I. Term of Office of Members.

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341J. Terms and conditions of services of Chief Executive Officer and Members.

341K. Meetings of Industrial Township Authority.

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341L. Authentication of orders and documents of Industrial Township Authority.

341M. Functions and duties of Industrial Township Authority.

341N. Powers of Industrial Township Authority.

341O. Power to make regulation.

341P. General control of Government.

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341Q. Powers to suspended execution of orders and resolutions of Industrial Townships

Authority on certain grounds.

341R. Power to appoint Administrator in certain circumstances.

341S. Application of Regional and Town Planning Act.

342.

[Deleted]

343. Repeal.

344.

Interpretation.

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CHAPTER  XXVII [deleted].

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CHAPTER  XXVIII.

REPEALS AND TRANSITORY PROVISIONS.

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345. Special provisions regarding Councillors of existing Councils whose term is due to

expire after 31st December 1965.

345A. Establishment, composition and term of office of first successor Council, if term of

existing Councillors is made to expire before 31st December 1967.

346. Consequences of replacement of existing Councils.

347. Provisions relating to officers and servants.

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(xiv)

SECTIONS.

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

[1965 : Mah. XL

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.

350.

[Deleted].

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351. Power to remove difficulty.

 SCHEDULE I.

 SCHEDULE IA.

 SCHEDULE II.

 SCHEDULE III.

 SCHEDULE IV. [Deleted]

 SCHEDULE V.

 SCHEDULE VI.

 SCHEDULE VII.

 SCHEDULE VIII.

 SCHEDULE IX.

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1965 : Mah. XL]

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

1

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)†
”

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”

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
thereunder or in any judgment, decree or order of any Court, any taxes levied and collected in
accordance with the provisions of the principal Act by any Council on and after the 1st April 1981,
without giving any notice to the owners and occupiers of the properties of any increase made in the
rate at which any tax is leviable or of the increased assessment of their properties due to any such
increase in the rate of the tax, shall be deemed to be validly levied and collected and shall be
deemed always to have been valid, and shall not be called in question in any Court on the ground
only that any such notice was not given before the tax at the higher rate was levied and collected.
No suit or other proceeding shall be maintained or continued in any Court for the refund of any
amount of tax so levied and collected.”

Validation of
certain taxes
levied and
collected
without notice
of increase of
rate of tax to
owners and
occupiers of
properties.

2

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

[1965 : Mah. XL

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
1992*@ (14-5-1992)†

Mah.
XXI of
1965.

Validation of
certain
appointments
to
subordinate
service.

* Sections 4 and 5 of Mah. 34 of 1983 read as follows :—

“4. Notwithstanding anything contained in the Maharashtra Public Services (Subordinate)
Selection Boards Act, 1973, every person who has been appointed to any post in the subordinance
service on or before the day immediately preceeding the date of commencement of this Act, and
who is still in the service on the date of commencement of this Act, shall be deemed to have been
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,
the Municipal School Boards constituted under the Bombay Primary Education Act, 1947, the
Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 1948, and
the Maharashtra State Road Transport Corporation constituted under the Road Transport
Corporations Act, 1950, the initial appointment of the person is made in confirmity, with their
relevant rules or regulations or orders made by the authority concerned for the post, or any
order issued in that behalf by Government, and in force at the time of such appointment.

Bom.
LXI of
1947.
LIV of
1948.
LXIV of
1950.

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

Clauses Act, 1904 with regard to effect of repeal, shall apply.”.

Bom. I
of 1904.

† This indicates the date of commencement of Act.

‡ Section 7 of Mah. 7 of 1984 reads as under :

Removal  of
difficulty.

“7.

If any difficulty arises in giving effect to the provisions of any of the Acts, as amended
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
and Industrial Townships Act, 1965

3

Amended by Mah. 4 of 1987 (18-2-1988)†

Amended by Mah. 21 of 1992
*@ @ (10-8-1992)†

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”

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)†

Mah.
XL of
1965.
Mah.
XIII of
1990.
Mah.
XL of
1965.
Mah.
XIII of
1990.

@@ Section 9 of Mah. 13 of 1990 reads as under :

“9. For the removal of doubt, it is hereby declared that every woman Councillor elected to a
reserved seat in any of the Municipal Councils established under the Maharashtra Municipalities
Act, 1965 and holding office as such Councillor on the date of commencement of the Maharashtra
Municipal  Corporations  and  Municipalities  (Second  Amendment)  Act,  1990,  shall  unless  she
resigns or is disqualified to hold such office of Councillor before the expiry of her term, continue to
be such Councillor till the expiry of her term, as if the amendment made to the Maharashtra
Municipalities Act, 1965 by the Maharashtra Municipal Corporations and Municipalities (Second
Amendment) Act, 1990, had never been made.”.

Sitting
women
councillors to
continue to
hold office.

££ Maharashtra Ordinance No. IX of 1990 was repealed by Mah. 33 of 1990, s. 3.

† This indicates the date of commencement of the Act.

*@ 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
by this Act, the State Government may, as occassion arises, by order do anything not inconsis-
tent with such provisions, which appears to it to be necessary or expedient for the purposes of
removing the difficulty :

Power to
remove
difficulties.

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
by this Act, the State Government may, as occassion arises by order do anything not inconsistent
with such provisions, which appears to it to be necessary or expedient for the purposes of removing
the difficulty :

Power to
remove
difficulties.

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
and Industrial Townships Act, 1965

[1965 : Mah. XL

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 ##$***

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† 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.

Removal of
doubt.

*** Sections 22 and 23 of Mah. 8 of 2002 reads as follows :—
“22. For the  removal of doubt it  is hereby declared that  sub-section (3) of  section 3  of the
Municipal Councils Act having been amended retrospectively, with effect from the 16th October
2001, by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) and
Temporary Provisions for Conduct of Municipal Corporations Act, 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
with sub-section (2) of section 6 of the Municipal Councils Act, on or after the 16th October
2001 till the 15th November 2001, being date of publication of the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Ordinance, 2001,
shall be and shall be deemed to have been issued under the said sub-section (3), as amended
by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) and Tem-
porary Provisions for Conduct of  Municipal Corporations Act, 2001 (hereinafter, referred to as
“the amended sub-section (3)”) ; and

(ii) the two months period specified for entertaining any objection to a proposal   contained
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
remove
difficulties.

If any difficulty arises in giving effect to the provisions of,—

23.
(i) any of the relevant Municipal Law or the Municipal Councils Act as amended by  this
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.”.

Mah.
VIII
of
2001.

Mah.
Ord.
XXXVII
of
2001.
Mah.
VIII
of
2001.

1965 : Mah. XL]

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

5

Amended by Mah. 11 of  2002 (1-4-2002) †§§

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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
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, any Councillor elected
to reserved seat and who has not received the validity certificate from the Scrutiny Committee
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
Municipal Councils (Amendment) Act, 2007, shall be deemed to have been validly taken and shall
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.”.

ØØØ  Came  into  force vide  G.N.No.,  U.D.D.  BNM.  5006/351/C.R.-79/UD-32,  dated  the  28th

February 2008.

ØØØØ Came into force vide G.N.No., U.D.D. No. BNM. 5007/434/C.R.-119/UD-32, dated the

12th May 2008.

Validation
and
saving.

@@ Section 6 of  Mah. 13 of  2008 reads as follows :—
“6. For the removal of doubt, it is herby declared that, the election to a reserved seat to the
Municipal Corporations or Municipal Councils, before the date of coming into force of this Act,
shall be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, the Bombay
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.”.

Removal
of doubt.

Mah.
XL of
1965.

Mah. XV
of 2007.

Bom. III
of 1888.
Bom.
XIL of
1949.
C.P. and
Berar II
of 1950.
Mah. XL
of 1965.

H 4109—3a

6

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

[1965 : Mah. XL

Amended by Mah. 06 of  2009 (14-1-2009) †

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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
doubt.

Power to
remove
difficulty.

“113. For the removal of doubt it is hereby declared that all proceedings in connection with
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 :—

“19.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal
Corporation Act, the Bombay Provincial Municipal Corporations 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, in respect of the matters contained in this Act,
the State Government may, as the occasion arises, by order published in the Official Gazette, do
anything not inconsistent with the provisions of the Mumbai Municipal Corporation Act, the Bombay
Provincial Municipal Corporations 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 amended by this Act, which appears to it to be necessary for the purpose of removing
the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of the respective section 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”.

 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-

71/UD-32, dated the 27th April 2011.

$$$$$ Mah. Ord. X of 2011 was repealed by Mah. 11 of 2011, s.17.

$$$$$$ Mah. Ord. XI of 2011 was repealed by Mah. 14 of 2011, s.31.

Bom. III
of 1888.
Bom.
LIX of
1949.
C.P. and
Bearar II
of 1950.
Mah. XL
of 1965.
Bom. III
of 1888.
Bom.
LIX of
1949.
C.P. and
Berar II
of 1950.
Mah. XL
of 1965.

1965 : Mah. XL]

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

7

Amended  by  Mah. 20 of  2011 (21-4-2011) † @ @ @ @ @

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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

Power to
remove
difficulties.

Power to
remove
dificulties.

† This indicates the date of commencement of the Act.
@@@@@ Section 6 of Mah. 20 of 2011 reads as follows :—

Bom.
III of
1888.
Bom.
LIX of
1949.
C.P.
and
Berar
II of
1950.
Mah.
XL of
1965.

Bom.
III of
1888.
Bom.
LIX of
1949.
C.P.
and
Berar
II of
1950.
Mah.
XL of
1965.

“ 6.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal
Corporation Act, the Bombay Provincial Municipal  Corporations Act, 1949, the City of Nagpur
Corporation Act, 1948 or the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, as amended by this Act or by reason of anything contained therein, or in
giving effect to any of those Acts in respect of the matters contained in this Act, the State Govern-
ment  may,  as  occasion  arises,  by  an  order  published  in  the Official  Gazette,  do  anything  not
inconsistent with the provisions of this Act, which appears to it to be necessary or expedient 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.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,

before each House of State Legislature.”.
$$$$$$$ Mah. Ord. XIII of 2011 was repealed by Mah. 26 of 2011, s.5.

@@@@@@ Section 9 of Mah. 29 of 2011 reads as follows :—

“ 9.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal
Corporation Act, the Bombay Provincial Municipal Corporations 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 amended by this Act, the State Government
may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent
with the provisions of those Acts :

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.”.

 Came  into  force vide  G.No.,  U.D.D.,  No.  MMC.2010-5-C.R.-6/UD-32,  dated  the  9th

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

“ 5.

(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 occasion arises, by an order published in the
Official Gazette, give such directions not inconsistent with the provisions of this Act, as may appear
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

Power to
remove
dificulties.

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
and Industrial Townships Act, 1965

[1965 : Mah. XL

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,
extent and
commencement.

1.

(1)  This  Act  may  be  called  the  Maharashtra 2[Municipal  Councils],

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 ;

5[(1A)  “  Backward  Class  of  Citizen  ”,  means  such  classes  or  parts  of  or
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 ;

1 These words were substituted for the words “to Municipalities in the State of Maharashtra”

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
and Industrial Townships Act, 1965

9

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 ;

2[(3A)  “ cess ”  means  a  cess  on  the  entry  of  goods  into  the  limits  of  the
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 ;

3[(6) “  Council  ”  means  a  municipal  council  constituted  or  deemed  to
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
and Industrial Townships Act, 1965

[1965 : Mah. XL

1[(7) “ Councillor ” means a person duly elected as member of the Council,
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

3[(ii) to  get  elected  as  a  President  of  the  Council  or  a  Chairperson  of

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 ;

4[(8A) “ dealer ”  means  any  person  who  whether  for  commission,
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
and Industrial Townships Act, 1965

11

(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 ;

(c) Railway  administration  as  defined  under  the  Indian  Railways

Act, 1890 ;

(d) Shipping,  transport  and  construction  companies ;

(e) Air  transport,  companies  and  Airlines ;

(f) Transporters,  holding  permit  for  transport  vehicles  granted
under  the  Motor  Vehicles  Act,  1988,  which  are  used  or  adapted  to  be
used  for  hire  or  reward ;

(g) Maharashtra  State  Road  Transport  Corporation  constituted

under  the  Road  Transport  Corporations  Act,  1950 ;

(h) Customs Department of the Government of India administering

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 or Central Government not
engaged in business shall not be a dealer.

(ii) An agriculturist who sells exclusively agricultural produce grown
on the land cultivated by him personally, shall not be deemed to be a dealer
within the meaning of this clause;]

(9) “ Director ”  means  the  person  appointed  by  the  State  Government

to  be  the  Director  of  Municipal  Administration  under  this  Act ;

(10) “ drain ”  includes  a  sewer,  tunnel,  pipe,  ditch,  gutter  or  channel
and  any  cistern  flush  tank,  septic  tank,  or  other  device  for  carrying  off  or
treating sewage, offensive matter, polluted water, sullage, waste water, rain
water  or  sub-soil  water  and  any  culvert,  ventilation  shaft  or pipe  or  other

9 of
1890.

59 of
1988.

64 of
1950.

52 of
1962.

H 4109—4

12

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

[1965 : Mah. XL

appliance  or  fitting  connected  therewith,  and  any  electors,  compressed  air
main, sealed sewage mains and special machinery and apparatus for raising,
collecting, expelling or removing sewage or offensive matter from any place ;

1[(10A)  “dry  latrine”  means  a  latrine  in  which  human  excreta  are

collected  in a receptacle and then removed by human agency;]

(11) “eating  house”  means  any  premises  to  which  the  public  or  any
section of the public are admitted and where any kind of food is prepared or
supplied for consumption on the premises or elsewhere for the profit or gain
of any person owning or having an interest in or managing such premises;

2[(12) “election”  means  an  election  to  a  Council,  and  includes  any  by-

election;]

(13) “factory” means a factory as defined in the Factories Act, 1948;

(14) “Filth”  includes  sewage,  night-soil  and  all  offensive  matter;

LXII
of
1948.

3[(14A) “Finance  Commission”  means  the  Finance  Commission
constituted  in  accordance  with  the  provisions  of  article  243-I  of  the
Constitution  of  India;]

(15) “food”  includes  every  article  used  for  food  or  drink  for  human
consumption  other  than  drugs  or  water,  and  any  article  which  ordinarily
enter  into  or  is  used  in  the  composition  or  preparation  of    human  food,  and
also includes confectionery, flavouring, and colouring matters and spices and
condiments;

(16) “goods”  includes  animals;

(17) “House-drain” means any drain of and used for the drainage of, one
or  more  buildings  or  premises  and  made  merely  for  the  purpose  of
communicating  therefrom  with  a  municipal  drain;

(18) “house-gully” or “service passage” means a passage or strip of lands
constructed,  set  apart  or  utilized  for  the  purpose  of  serving  as  a  drain  or  of
affording  access  to  a  privy,  urinal,  cesspool  or  other  receptacle  for  filthy  or
polluted  matter,  to  servant  of  the  Council  or  to  persons  employed  in  the
cleaning  thereof  or  in  the  removal  of  such  matter  therefrom;

4[(18-A1) “importer” means a person who brings or causes to be brought
any goods into the limits of the municipal area for use, consumption or sale
therein;]

5[(18A) “Industrial  Township”  means  such  urban  area  or  part  thereof
as the State Government may, having regard to the factors mentioned in  the
proviso  to  clause (1)  of  article  243-Q  of  the  Constitution  of  India,  by
notification  in  the Official  Gazette,  specify  to  be  an  Industrial  Townships
under  section  341-F;]

1 Clause (10A) was inserted by Mah. 45 of 1975, s. 2(a).
2 Clause (12) was substituted by Mah. 31 of 2006, s.2(b).
3 Clause (14A) was inserted by Mah. 41 of 1994, s. 108(4).
4 Clause (18-A1) was inserted by Mah. 32 of 2003, s. 2(d).
5 Clause (18-A) was inserted by Mah. 41 of 1994, s. 108(5).

1965 : Mah. XL]

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

13

Bom.
III of
1888.
Bom.
LIX
of
1949.
C.P.
&
Berar
II of
1950.
Mah.
V of
1962.
Bom.
III of
1959.

(19) “land”  includes  land  which  is  being  built  upon  or  is  built  upon  or
covered with water, benefits to arise out of land, things attached to the earth
or permanently fastened to anything attached to the earth and rights  created
by  Legislative  enactment  over  any  streets;

(20) “local  authority”  means  a  Council  or  a  Municipal  Corporation
constituted  under  the *Bombay  Municipal  Corporation  Act,  or  the  Bombay
Provincial Municipal Corporations Act, 1949, or the City of Nagpur Corporation
Act, 1948, or Zilla Parishad constituted under the Maharashtra Zilla Parishads
and  Panchayat  Samitis  Act,  1961,  or  a  Village  Panchayat  constituted  under
the £Bombay Village Panchayats Act, 1958.

1[(20A) “ local newspaper” means any printed periodical work containing
public  news  or  comment  on  public  news  having  wide  circulation  in  the  area
of  the  relevant  Municipal  Council;]

(21) “lodging house” means a building or part of a building where  lodging
with  or  without  board  or  other  service  is  provided  for  a  monetary
consideration,  and  includes  a  lodging  house  for  pilgrims  whether  lodging  is
provided  for  or  without  any  monetary  consideration;

(22) “market”  includes  any  place  where  persons  assemble  for  the  sale
of,  or for  the  purpose of  exposing for  sale,  live-stock or  food  for live-stock  or
meat, fish, fruit, vegetable, animals intended for human food, or 2[any other
articles  intended  for  use  or  consumption  by  or  for  human  being  or  animals]
whatsoever without the consent of the owner of such place, notwithstanding
that there may be no common regulation of the concourse of buyers and sellers
and whether or not any control is exercised over the business of or the persons
frequenting the market by the owner of the place or any other persons;

(23) “milk”  includes  cream,  skimmed  milk,  separated  milk  and

condensed,  sterilized,  dessicated  or  toned  milk;

3[(24) “municipal area” means the territorial area of a Council or a Nagar

Panchayat];

(25) “municipal  market”  or  “municipal  slaughter-house”  means  a
market  or  a  slaughter-house,  as  the  case  may  be,  which  belongs  to  or  is
maintained  by  the  Council;

4[(25A) “Nagar  Panchayat”  means  a Nagar  Panchayat  constituted  for  a

transitional area notified under section 341 A of this Act];

(26) “ nuisance” includes any act, omission, place or thing which causes
or is likely to cause injury, danger, annoyance or offence to the sense of sight,
smell or hearing or which is or may be dangerous to life or injurious to health
or  property;

(27) “ occupier ”  includes—

(a) any person  who for  the time  being is paying  or is  liable to  pay to
the  owner  the  rent  or  any  portion  of  the  rent  of  the  land  or  building  in
respect of which such rent is paid or is payable,

* See now  the  Mumbai  Municipal  Corporation  act  and  the  Maharashtra  Municipal

Corporation Act.

£ See now the Maharashtra Village Panchayats Act.
1 These clause was inserted by Mah. 18 of 1993, s. 3(a).
2 This words were substituted for the words “any other articles of human food”, by Mah. 18 of

1993, s. 3 (b).

3 Clause (24) was substituted by Mah. 41 of 1994, s. 108(6).
4 Clause (25A) was inserted by Mah. 41 of 1994, s. 108(7).

H 4109—4a

14

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

[1965 : Mah. XL

(b) an owner living in or otherwise using his land or building,
(c) a  rent-free  tenant,
(d) a licensee in occupation of any land or building, and
(e) any person who is liable to pay to the owner damages for the use

and occupation of any land or building ;

(28) 1[Deleted***]
(29) “ offensive matter ” includes animal carcasses, dung, dirt and putrid

or  putrifing  substances  other  than  sewage ;

(30) “ officer  or  servant  of  the  Council ”  means  an  officer  or  servant
appointed  by  the  Council  or  any  other  Competent  Authority  subordinate  to
it, and includes any Government Officer or servant who is for the time being
serving  under  the  Council ;

(31) “ official year ” or “ financial year ” means the year commencing on

the first day of April ;

(32) “ owner ”  means—

(a) when used with reference to any premises, the person who receives
the rent of the said premises, or who would be entitled to receive the rent
thereof  if  the  premises  were  let,  and  includes,—

(i) an  agent  or  trustee  who  receives  such  rent  on  account  of  the

owner ;

(ii) an  agent  or  trustee  who  receives  the  rent  of,  or  is  entrusted
with  or  concerned  for,  any  premises  devoted  to  religious  or  charitable
purposes ;

(iii) a receiver, sequestrator or manager appointed by any Court of
competent jurisdiction to have the charge of, or to exercise the rights of
an owner of, the said premises ; and

(iv) a  mortgagee-in-possession ;  and

(b) when used with reference to any animal, vehicle or boat, includes

the person for the time being in charge of the animal, vehicle or boat ;

(33) “ population ”  means  the  population  as  ascertained  at  the  last
preceding census 2[of which the relevant figures 3[**] have been published] ;
4[Explanation.—For  the  purposes  of  this  clause,  the  expression
“ published ”  means  the  latest  published  relevant  census  figures;  whether
provisonal or final, and in the absence of the latest relevant census figures,
the relevant figures of the census immediately preceeding the latest census,
final figures  of which have  been published ;]

(34) “ premises ” includes messuages, buildings and lands of any tenure
whether  open  or  enclosed,  whether  built  on  or  not  and  whether  public  or
private;

(35) “  prescribed”  means  prescribed  by  rules ;
(36) “President”  and  “Vice-President”  means  the  President  and  Vice-

President  of  the  Council  ;

(37)  (a) “Private  market”  means  a  market  which  is  not  a  municipal
market,  but  does  not  include  a  market  established  for  the  purposes  of  any
law for time being in force regulating the marketing of agricultural and other
produce in such markets ;

1 This clause was deleted by Mah. 31 of 1999, s. 2.
2 These words were substituted for the words “of which the relevant figures have been

published” by Mah. 12 of 1972, s. 4.

3 The words “whether provisional or final” were deleted by Mah. 41 of 1994, s. 108(8).
4 This explanation was added by Mah. 8 of 2002, s. 11(c), w.e.f. 7th September 2001.

1965 : Mah. XL]

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

15

(b)  “Private  slaughter-house”  means  a  slaughter-house  which  is  not  a

municipal  slaughter-house  ;

(38) “private street” means a street which is not a public street ;
(39) “privy” means  a place set apart  for defecating or urinating  or both
together  with  the  structure  comprising  such  place,  the  receptacle  therein
for  human  excreta  and  fittings  and  apparatus,  if  any,  connected  therewith,
and includes a closet of the dry type, an aqua privy, a latrine and a urinal;

(40) “public  place”  inculdes  any  public  part  or  garden  or  any  ground  to

which the public have or a permitted to have access;

(41) “public  securities”  means,–

 (a) securities  of  the  Central  Government  and  of  any  State

Government;

 (b) securities, stocks, debentures or shares the interest whereon has

been  guraranteed  by  the Central  or  the  State  Government;

 (c) debentures or other securities for money issued by or on behalf of
any  local  authority  in  excercise  of  powers  conferred  by  any  enactment  for
the time being inforce in any part of the territory of India ; or

  (d) securities  expressly  authorised  by  any  order  which  the  State

Government makes in this behalf ;

(42) “public  street”  means  any  street,–

(a) over which the public have a right of way ;
(b) heretofore  levelled,  paved,  metalled,  channelled,  sewered,  or

repaired out of municipal or  other public funds ; or

(c) which  under  the  provisions  of  this  Act  becomes,  or  is  declared,  a

public  street  ;

1[(42A) “registered dealer” means a dealer registered under section 148F ;]
(43) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass,
garden or stable refuse and refuse of any kind which is not offensive matter
of sewage ;

(44) “rules” means rules made by the State Government under this Act ;
2[(44A) “sanitary staff” means the staff actually employed for a sweeping
or  cleansing  streets  or  for  carrying  away  refuse  or  for    cleansing  latrines,
sewers,  drains  or  public  places]  ;

(45) “Scheduled  Castes”  means  such  castes,  races  or  tribes  or  parts  of,
or groups within such castes, races or  tribes as are deemed to be Scheduled
Castes  in  relation  to  the  State  of  Maharashtra  under  Article  341  of  the
Constitution  of  India  ;

(46) “Scheduled Tribes” means such tribes, or tribal communities or parts
of,  or  groups  within  such  tribes,  or  tribal  communities  as  are  deemed  to  be
Scheduled  Tribes  in  relation  to  the  State  of  Maharashtra  under  Article  342
of the Constitution of India ;

(47) “sewage”  means  night-soil  and  other  contents  of  water  closets,
latrines,  privies,  urinals, cesspools  or  drains  and  polluted water  from  sinks,
bath-room,  stables,  cattle-sheds  and  other  like  places  and  includes  trade
effluent  and  discharges  from manufactories  of  all  kinds;

3[(47A)  “  a  smaller  urban  area”  or  “a  transitional  area”  shall  mean  an
area  specified as  “a  smaller urban  area”  or  “a transitional  area”  as the  case
may  be,  by  a  notification  issued  under  clause  (2)  of  article  243-Q  of  the
Constitution of India or under this Act ;

1 Clause (42A) was inserted by Mah. 32 of 2003, s. 2(e).
2 Clause (44A) was inserted by Mah. 45 of 1975, s. 2(b).
3 Clauses (47A) and (47B) were inserted by Mah. 41 of 1994, s. 108(10).

16

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

[1965 : Mah. XL

(47B) “State Election Commission” means the State Election Commission
consisting of the State Election Commissioner appointed in accordance with
the provisions of clause (1) of  article 243-K of the Constitution of India ; ]

(48) “street”  means  any  road,  foot-way,  square,  court-alley  or  passage,
accessible  whether  permanentely  or  temporarily  to  the  public,  whether  a
thoroughfare or not ; and shall include every vacant space, notwithstanding
that it may be private property and partly or wholly obstructed by any gate,
post, chain or other barrier, if houses, shops or other buildings  abut thereon
and  if  it  is  used  by  any  persons  as  a  means  of  access  to  or  from  any  public
place  or  throughfare,  whether  such  persons  as    occupiers  of  such  buildings
or not ; but shall not include any part of such space which the occupier of any
such building has a right at all hours to prevent all other persons from using
as  aforesaid ;

(49) “total number of Counillors”in relation to a Council, means the total

number  of  the  elected 1[Councillors]  of  that  council ;

2[(49A)  “  turnover  of  puchases”  means  the  aggregate  of  the  amount  of
purchase  price  paid  and  payable  by  a  dealer  or  a  person  in  respect  of  any
purchase  of  goods  made  by  him  during  a  given  period,  after  deducting  the
amount of  purchase price, if any, refunded to the dealer or the person by the
seller in respect of any goods purchased from the seller and returned to him
within a period of six months ;

(49B) “ turnover  of  sales ”  means  the  aggregate  of  the  amount  of  sale
price received and receivable by a dealer or a person in respect of any sale of
goods made during a given period after deducting the amount of sale price, if
any, refunded by him to a purchaser, in respect of any goods purchased and
returned  by  the  purchaser  to  him  within  a  period  of  six  months  and  where
the registration certificate is cancelled, the amount, in respect of sales made
before  the  date  on  which  the  cancellation  became  effective,  received  or
receivable  after  such  date ;  ]

(50) “ vehicle ”  includes  a  carriage,  cart,  van,  dray,  truck,  hand-cart,
bicycle,  tricycle,  motor-car  and  every  wheeled  conveyance  which  is  used  or
is capable of being used on a street ;

3[(50A) “ Wards  Committee ”  means  the  Wards  Committee  constituted

under section 66-A of this Act ;]

(51) “ water closet ” means a closet which has a separate fixed receptacle
connected  to  a  drainage  system  and  separate  provision  for  flushing  from  a
supply of clean water either by the operation of mechanism or by automatic
action ;

(52) “ water-connection ”  includes,—

(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a
private  property  and  connected  with  a  water-main  or  pipe  belonging  to
the  Council ;  and

(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe,

meter or  tap with such water-main  or pipe ;

1 These  words  were  substituted  for  the  words  “ and  the  co-opted  and  nominated

Councillors, if any ” by Mah. 41 of 1994, s. 108(10).

2 Clauses (49A) and (49B) were inserted by Mah. 32 of 2003, s. 2 (f).
3 Clause (50A) was inserted by Mah. 41 of 1994, s. 108 (11).

1965 : Mah. XL]

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

17

(53) “ water-work ” includes a lake, stream, spring, well, pump, reservoir,
cistern tank, duct, whether covered or open, sluice, main-pipe, culvert, engine,
water-truck, hydrant, stand-pipe, conduit, and machinery, land, building, or
thing  for  supplying  or  used  for  supplying  water  or  for  protecting  sources  of
water  supply ;

1[(54) “ wet latrine ” means a latrine in which human excreta are removed
by water  into a septic  tank or municipal  underground drainage and  are not
required to be removed by human agency.]

CHAPTER  II
MUNICIPAL COUNCILS.
(1) Municipal  areas  and  their  classification.

Mah.
XLI of
1994.

3.

2[(1) A  Council  for  every  municipal  area  existing  on  the  date  of
coming into force of the Maharashtra Municipal Corporations and Municipal
Councils  (Amendment)  Act,  1994  specified  as  a  smaller  urban  area  in  a
notification  issued  under  clause  (2)  of  article  243-Q  of  the  Constitution  of
India in respect thereof, shall be deemed to be a duly constituted Municipal
Council known by the name ........................... Municipal Council.

5[Specification
of areas as
smaller
urban areas.]

(2) Save as provided in sub-section (1), the State Government may, having
regard  to  the  factors  mentioned  in  clause  (2)  of  article  243-Q  of  the
Constitution of India, specify, by notification in the Official Gazette, any local
area as a smaller urban area :

Provided that, no such area shall be so specified as a smaller urban area
unless the State Government, after making such inquiry as it may deem fit,
is  satisfied  that,—

(a) the population of such area is not less than 25,000 ; and

(b) the percentage of employment in non-agricultural activities in such

area is not less than thirty-five per cent.

(2A) For every smaller urban area so specified by the State Government
under sub-section (2), there shall be constituted a Municipal Council known
by the name ..................................................... Municipal Council.]

(3) Before  the  publication  of  a  notification  under 3[sub-section  (2)],  the
State  Government  shall  cause  to  be  published  in  the Official  Gazette,  and
also  in  at  least  one  newspaper  circulating  in  the  area  to  be  specified  in  the
notification, a proclamation announcing the intention of Government to issue
such notification, and inviting all persons who entertain any objection to the
said proposal to submit the same in writing with the reasons therefor, to the
Collector of the District, within 4[not less than thirty days] from the date of
the  publication  of  the  proclamation  in  the Official  Gazette.

Copies of the proclamation in Marathi shall also be posted in conspicuous

places in the area proposed to be declared as a municipal area.

(4) The  Collector  shall,  with  all  reasonalbe  despatch,  forward  any

objection  so  submitted  to  the  State  Government.

1 Clause (54) was added by Mah. 45 of 1995, s. 2(c).
2 Sub-sections (1), (2) and (2A) were substituted by Mah. 41 of 1994, s. 109(a).
3 These words were substituted by Mah. 41 of 1994, s. 109(b).
4 These words were substituted for the words “ two months ” by Mah. 8 of 2002, s. 12 w.e.f.

16th October 2001.

5 The marginal note was substituted by Mah. 41 of 1994, 109(c).

18

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

[1965 : Mah. XL

(5) No  such  notification  as  aforesaid  shall  be  issued  by  the  Sate
Government  unless  the  objections,  if  any,  so  submitted  are  in  its  opinion
insufficient  or  invalid.

Classification
of 2[smaller
urban areas].

4.

1[(1) Every  smaller  urban  area  shall  be  classified  by  the  State
Government  as  ‘A’  Class,  ‘B’  Class  or  ‘C’  Class,  on  the  basis  of  population
thereof  as  specified  below :—

A smaller urban area,—

(a) with a population of more than 1,00,000 shall be ‘A’ Class smaller

urban area ;

(b) with a population of more than 40,000 but not more than 1,00,000

shall be ‘B’ Class smaller urban area ; and

(c) with  a  population  of  40,000  or  less,  shall  be  ‘C’  Class  smaller

urban area.

(2) Notwithstanding  anything  contained  in  sub-section  (1),  for  the
purposes of this  Act, the classification as shown  in Schedule I to  this Act of
the municipal areas or councils existing on the day of coming into force of the
Maharashtra  Municipal  Corporations  and  Municipal  Councils  (Amendment)
Act, 1994, specified as the smaller urban areas in the notification issued under
clause (2) of article 243-Q of the Constitution of India, shall not be affected,
unless  such  classification  is  duly  revised  by  the  State  Government  under
sub-section  (5).]

Mah.
XLI of
1994.

3[*                                   *                                 *                                   *]

4[(4) Every  area  specified  to  be  a  smaller  urban  area  after  the  coming
into force of the Maharashtra Municipal Corporations and Municipal Councils
(Amendment) Act, 1994 shall likewise be classified by the State Government
and  for  that  purpose,  the  State  Government  shall,  from  time  to  time  by
notification  in the Official  Gazette,  amend  Schedule  I.]

Mah.
XLI of
1994.

(5) The  State  Government  shall  review  the  classification  made  under
this  section  after  each  census  or  when  the  limits  of  any  municipal  area  are
altered by addition or exclusion of any local area or when any area ceases to
be municipal area, and shall, where necessary, amend Schedule I accordingly.

Effect of
re-classi-
fication of a
municipal
area.

5. Whenever  the  classification  of  a  municipal  area  is  changed  under
section 4, all the relevant provisions of this Act applicable to the class of the
municipal  area  into  which  the  said  area  is  re-classified,  shall,  with  effect
from the date of such re-classification, apply to the said re-classified municipal
area :

Provided  that,  such  re-classification  shall  not  affect  the  constitution  of
the Council as constituted immediately before such re-classification and every
order  issued  under  sub-section  (1)  of  section  10  by  reason  of  such  re-
classification  shall  take  effect  for  the  purposes  of  the  next  general  election
immediately  following  after  the  date  of  such  order.

1 Sub-sections (1) and (2) were substituted by Mah. 41 of 1994, s. 110(a).
2 These words were substituted, for the words “ municipal areas ” by Mah. 41 of 1994, s. 110(c).
3 Sub-section (3) was deleted by Mah. 8 of 1976, s. 2.
4 Sub-section (4) was substituted by Mah. 41 of 1994, s. 110 (b).

1965 : Mah. XL]

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

6.

(1) 1[Subject to the provisions of sub-section (2) of section 3, the State]

Government  may  by  notification  in  the Official  Gazette,—

(a) alter  the  limits  of a  municipal  area  so  as  to include  therein  or  to
exclude thereform such local area as may be specified in the notification ;

(b) amalgamate two or more municipal areas so to form one municipal

area ;

(c) split up any municipal area into two or more municipal areas ;

(d) declare  that  the  whole  of  any  local  area  comprising  a  municipal

area shall cease to be a municipal area :

Provided  that,  no  such  notification  shall  be  issued  by  the  State
Government under any of the clauses of this sub-section without consulting
the  Municipal  Council  or  Councils  and  other  local  authorities  concerned.

(2) Prior  to  the  publication  of  a  notification  under  sub-section  (1),  the
procedure prescribed in sub-sections (3), (4) and (5) of section 3 shall mutatis
mutandis be  followed.

(2) Municipal  Authorities  and  establishment  of  Councils.

7. The municipal authorities charged with  carrying out the provisions

of this Act for each municipal area are—

(a) the  Council  ;

(b) the  President  ;

(c) the  Standing  Committee  ;

(d) the Subjects Committees, if any2 *

3[(dd) the  Wards  Committee  where  constituted  ;  and]

(e) the  Chief  Officer.

19

Alteration of
the limits of a
municipal
area.

Municipal
authorities
charged with
execution of
the Act.

8.

4[A  Municipal  Council  constituted  or  deemed  to  be  constituted  for
every  smaller  urban  area  under  section  3  shall  be  a  body  corporate]  by  the
name  of  “The.................................Municipal  Council”  and  shall  have
perpetual  succession  and  a  common  seal,  and  shall  have  power  to  acquire,
hold and dispose of property, and to enter into contracts and may by the said
name sue, or be sued through its Chief Officer.

9.

5[(1) Every  Council  shall  consist  of—

(a) 6[7 *

*  Councillors] elected  at ward  elections, by  direct elections;

Establish-
ment and
incorporation
of Councils.

Composition
of Councils.

and

(b) such  number  of  Councillors,  not  exceeding  ten  per  cent.  of  the
total number of elected Councillors or five, whichever is less, having special
knowledge or experience in municipal administration, to be nominated by
the 8[Collector] in such manner  as may be prescribed.

(1A) In every Council seats shall be reserved for the Scheduled Castes,
the Scheduled Tribes, Backward Class of Citizens and women as provided in
sub-section  (2)].

1 These words, brackets and figures were substitued for the words “The State”, by Mah. 41 of
  1994, s. 111.
2 The word “and” was deleted by Mah. 41 of 1994, s. 112 (a).
3 Clause (dd) was inserted, by Mah. 41 of 1994, s. 112 (b).
4 These words were substituted, by Mah. 41 of 1994, s. 113.
5 These sub-sections were substituted, by Mah. 41 of 1994, s. 114 (1)(a).
6 These words were substituted for the word “Councillors” by Mah. 8 of 2002, s. 13.
7 The words “the President and” were deleted by Mah. 31 of 2006, s.3.
8 This word was substituted for the word “Council” by Mah. 7 of 2009, s. 13.

H 4109—5

20

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

[1965 : Mah. XL

(2) The  Director  shall,  from  time  to  time  by  an  order  published  in  the

Official Gazette, fix for  each municipal area—

1[(a) the  number  of  elected  Councillors  in  accordance  with  the

following  table  :—

TABLE

Class  of  Municipal  Area

Number  of  Elected  Councillors

(i) ‘A’  Class

. . The  minimum  number  of  elected  Councillors

(ii) ‘B’  Class

(iii) ‘C’  Class

shall  be  38,  and  for  every  8,000  of  the
population  above  1,00,000,  there  shall be
one  additional  elected  Councillor,  s o,
however,  that  the  total  number  of  elected
Councillors  shall  not  exceed  65;

. . The  minimum  number  of  elected  Councillors
shall  be  23,  and  for  every  5,000  of  the
population above 40,000 there shall  be
one additional
elected  Councillor,  s o,
however,  that  the  total  number  of  elected
Councillors  shall  not  exceed  37;

. . The  minimum  number  of  elected  Councillors
shall  be  17,  and  for  every  3,000  of  the
population    above    25,000    there    shall    be
one ad dit iona l  e lec ted  Cou nci llor ,   s o,
how ever,  that  the  total  number  of  elected
Councillors  shall  not  exceed  23;]

2[(b) the  number  of  seats  to  be  reserved  for  women  in  the  case  of
municipal area of each class of councils on the basis of 3[one-half] (including
the number of seats reserved for women belonging to the Scheduled Castes,
4[the  Scheduled  Tribes  and  the 5[Backward  Class  of  Citizens]  of  the  total
number  of  seats  to  be  filled  in  by  direct  election  for  the  purpose  of  any
6[the Maharashtra Municipal
general election held after the commencement of
Corporations  and  Municipal  Councils  (Amendment)  Act,  1993.]]

(c) the number of seats, if any, to be reserved for the Scheduled Castes
or the Scheduled Tribes so that such number shall bear, as nearly as may
be,  the  same  proportion  to  the  number  of  elected  Councillors  as  the
population  of  the  Scheduled  Castes  or  of  the  Scheduled  Tribes,  in  the
municipal area bears to the total population of that area.

Mah.
XV of
1994.

7[A fraction of such proportion if less than one-half shall be ignored and
if  one-half  or  more  shall  be  reckoned  as  one  in  determining  the  number
of seats :]

1 Clause (a) was substituted by Mah. 41 of 1994, s. 114 (b)(i).
2 Clause (b) was substituted by Mah. 13 of 1990, s. 6(b)(i).
3 These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 5 (1).
4 These words were substituted for the words “and the Scheduled Tribes” by Mah. 15 of 1994,

s. 5(2)(a) (i).

5 These words were substituted for the words “is other Backward Classes” by Mah. 11 of

1996, s.3(1) with effect from 31st May, 1994.

6 These words were substituted by Mah. 15 of 1994, s. 5(2)(a)(ii).
7 This portion was added by Mah. 4 of 1974, s. 4(b)(ii).

1965 : Mah. XL]

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

21

1[Provided  that,  while  making  such  reservation 2[one-half]  of  the  total
number  of  seats  so  reserved  shall  be  reserved  for  women  belonging  to  the
Scheduled  Castes  or,  as  the  case  may  be,  the  Scheduled  Tribes;  and  where
only 3[one  seat  is  reserved  for  the  Scheduled  Castes  or,  as  the  case  may  be,
for the Scheduled Tribes, then no seat shall be reserved for women belonging
to  the  Scheduled  Castes  or,  as  the  case  may  be,  the  Scheduled  Tribes
4[*

*]  ].

*

5[(d) the  number  of  seats  to  be  reserved  for  the 6[Backward  Class  of
Citizens]  in  the  case  of  municipal  area  of  each  Class  of  Council 7[shall  be
twenty seven per cent.] of the total number of seats to be filled in by direct
election  for  the  purpose  of  any  general  election  held  after  the
commencement of the Maharashtra Municipal Corporations and Municipal
Councils (Amendment) Act, 1993 :

Mah. XV
of 1994.

Provided  that,  while  making  such  reservation 8[one-half]  of  the  total
number  of  seats  so  reserved  shall  be  reserved  for  women  belonging  to  the
6[Backward  Class  of  Citizens].

9*

*

*

*

*

*

*

*

*

(3) The reservation of seats for Scheduled Castes and Scheduled Tribes
made  by  an  order  under  sub-section  (2)  shall  cease  to  have  effect  when  the
reservation of seats for those Castes and Tribes in the Legislative Assembly
of the State ceases to have effect under the Constitution of India :

Provided that, nothing in this sub-section shall render any person elected
to  any  such  reserved  seat  ineligible  to  continue  as  a  Councillor  during  the
term of office for which he was duly elected by reason only of the fact that the
reservation of seats has so  ceased to have effect.

(4) Every  order  under  sub-section  (2)  shall  take  effect  for  the  purposes
of  the  next  general  election  of  the  Council  immediately  following  after  the
date  of  the  order.

10[9A. Every  person  desirous  of  contesting  election  to  a  seat  reserved
for  the  Scheduled  Castes,  Scheduled  Tribes  or,  as  the  case  may  be,
Backward  Class  of  Citizens,  shall  be  required  to  submit,  along  with  the
nomination  paper, Caste Certificate issued by the Competent Authority and
the Validity Certificate issued by the Scrutiny Committee in accordance with
the  provisions  of  the  Maharashtra  Scheduled  Castes,  Scheduled  Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and  Special  Backward Category  (Regulation  of  Issuance and  Verification)  of
Caste  Certificate  Act,  2000.]

Person
contesting
election for
reserved seat
to submit
Caste
Certificate
and Validity
Certificate.

Mah.
XXIII of
2001.

1 This proviso was added by Mah. 13 of 1990, s. 5 (b)(ii).
2 These words were substituted for the word “one-third” by Mah. 20 of  2011, s. 5(2)(a).
3 These words were inserted by Mah. 11 of 1994, s. 114 (b)(iii)(B).
4 The  words  “and  where  only  two  seats  are  reserved  for  the  Scheduled    Castes,  or  as  the
case  may  be,  the  Scheduled  Tribes,  one  of  the  two  seats  shall  be  reserved  for  women
belonging  to Scheduled    Castes  or,  as  the  case  may  be,  to  the  Scheduled  Tribes”  were
deleted by Mah. 20 of 2011, s. 5(2)(b).

5 Clause (d) was inserted by Mah. 15 of 1994, s. 5(2)(b).
6 These  words  were  substituted  for  the  words  “Other  Backward  Classes”  by  Mah.  11  of

1996, s.3(1) with effect from 31st May 1994.

7 These  words  were  substituted  for  the  words  “on  the  basis  of  as  nearly  as  may  be  twenty-

seven per cent.” by Mah. 12 of 1997, s.2 (2) (a).

8 These words were substituted for the words “one-third” by Mah. 20 of  2011, s. 5(3).
9 Explanation was deleted by Mah. 12 of 1997, s.11.
10 Section 9A was inserted by Mah. 35 of 2006, s. 8.

H 4109—5a

22

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

[1965 : Mah. XL

1*

*

*

*

*

*

*

*

*

2[Provided  that, for  the General  or bye-elections  for which  the last  date
of  filing  of  nomination  falls  on  or 3[before  the  31st  December  2017],  in
accordance  with  the  election  programme  declared  by  the  State  Election
Commission,  a  person  who  has  applied  to  the  Scrutiny  Committee  for  the
verification of his Caste Certificate before the date of filing of the nomination
papers but who has not received the Validity Certificate on the date of filing
of  the  nomination papers  shall  submit,  alongwith the  nomination  paper,—

(i) a  true  copy  of  the  application  preferred  by  him  to  the  Scrutiny
Committee  for  issuance  of  the  Validity  Certificate  or  any  other  proof  of
having made  such application to  the Scrutiny  Committee ; and

(ii) an undertaking that, he shall submit, within a period of six months
from the date on which he is declared elected, the Validity Certificate issued
by  the  Scrutiny  Committee :

Provided  further  that,  if  the  person  fails  to  produce  the  Validity
Certificate  within  a  period  of  six  months  from  the  date  on  which  he  is
declared  elected,  his  election  shall  be  deemed  to  have  been  terminated
retrospectively  and  he  shall  be  disqualified  for  being  a  Councillor.]

(3) Election  and  publication  of names  of  elected, 4*and
nominated  Councillors.

10. (1) 5[Subject  to  the  provisions  of  section  9,  the  State  Election
Commissioner  shall,  from  time  to  time,  by  an  order  published  in  the
Official Gazette, fix for each municipal area the number and the extent of the
wards into which such area shall be divided, and by the same or a like order
he shall also specify the wards in which seats are reserved for the Scheduled
Castes,  the  Scheduled  Tribes,  the  Backward  Class  of  Citizens  and  women
(including the number of seats reserved for women belonging to the Scheduled
Castes, the Scheduled Tribes and the Backward Class of Citizens). The State
Election  Commissioner  shall,  while  passing  any  such  order  for  subsequent
general elections, ensure that such seats are reserved by rotation in different
wards  is  the  municipal  area,  so  that  all  the  wards  get  the  benefit  of  such
reservation  :]

6[Provided  that,  before  the  publication  of  any  such  order,  the 7[State
Election  Commissioner]  shall  cause  to  be  placed  on  the  notice  board  in  his
office, in the municipal office and in such other places in the municipal area

1 The provisos were added by Mah. 49 of 2006, s. 5 were deleted by Mah. 13 of  2008, s. 5.
2 This proviso was added by Mah. 31 of 2012, s. 2.
3 The words, figures and letters were substituted for the words, letters and figures, “before

the 31st December 2013” by Mah. 13 of 2015, s. 6.

4 The word “co-opted” was deleted by Mah. 41 of 1994, s. 115.
5 This portion was substituted for the portion begining with the words “The State Election

Commissioner” and ending with the words “in any particular wards” by Mah. 12 of 1997,
s. 4 (1) with effect from 31st May 1994.

6 This proviso was inserted by Mah. 4 of 1974, s. 5(b).
7 These words were substituted for the word “Collector” by Mah. 41 of 1994. s. 116(1).

Division of
municipal
area into
wards and
reservation of
wards for
women,
Scheduled
Castes  and
Scheduled
Tribes.

1965 : Mah. XL]

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

23

as  he  thinks  fit,  a  draft  of  the  order  proposed  to  be  made  by  him,  for  the
information of all residents of the municipal area and shall cause a notice to
be  published  in  at  least  one  newspaper  circulating  in  the  area  announcing
his  intention  to  publish  such  order  and  inviting  all  persons  who  entertain
any  objections  to  the  draft  order  aforesaid  to  submit  the  same  to  him  in
writing, with reason therefor, within 1[seven days] from the date of publication
of the notice in the newspaper :]

2[ *

*

*

*

*

*

*]

3[(2) Each  of  the  wards  shall  elect  only  one  Councillor.]

(3) Every  order  issued  under  sub-section  (1)  shall  take  effect  for  the
purpose  of  the  next  general  election  immediately  following  the  date  of  such
order.

(4) Nothing in this section shall be deemed to prevent women or persons
belonging  to  the  Scheduled  Castes, 4[Scheduled  Tribes  or 5[Backward  Class
of  Citizens]  for  whom  seats  are  reserved  in  any  Council]  from  standing  for
election  and being  elected to  any of  the  seats which  are not  reserved.

6[(5) Notwithstanding  anything  contained  in  sub-section  (1)  and  (3)  or
any  other  provisions  of  this  Act,  where  a  municipal  area  has  been  extended
under  clause  (a)  of  sub-section  (1)  of  section  6,  after  the  General  Elections,
an election   to  provide for representation  to the people  of the  extended area
may be held as soon as practicable, and the provisions of sub-section (1) shall,
mutatis mutandis,  apply  to  such  election :

Provided that, the total number of wards in the municipal area including
the  wards  newly  constituted  for  the  extended  area  under  this  sub-section
shall not exceed the number of electoral wards specified in the Table in clause
(a) of sub-section (2) of section 9 :

Provided  further  that,  the  population  of  the  wards  newly  constituted
under  this  sub-section  may  marginally  exceed  or  be  below  the  average
population  of  the  other  wards :

Provided  also  that,  the  term  of  the  Councillors  elected  from  the  wards
newly constituted under this sub-section shall be co-terminus with the term
of  the  Council.

(6) No  elections  under  sub-section  (5)  shall  be  held  if  the  remainder  of

the tenure of the Council is less than one year.]

1 These  words  were  substituted  for  the  words  “fifteen  days”  by  Mah.  8  of  2002,  s.  14(a),

w.e.f. 7th September, 2001.

2 The proviso added by Mah. 13 of 1990, s. 7(b) was deleted by Mah. 15 of 1994, s. 6(1)(b).
3 Sub-section (2) was substituted by Mah. 10 of 2015, s. 3.
4 These words were substituted for the words “ and the Scheduled Tribes ” by Mah. 15 of

1994, s. 6(1) (a), (b), (c) and 6(2).

5 These  words  were  substituted  for  the  words  “Other  Backward  Classes”  by  Mah.  12  of

1997, s. 4(2) w.e.f. 31st May 1994.

6 These sub-sections were added by Mah. 11 of 2002, s. 42.

24

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

[1965 : Mah. XL

State  Election
Commis-
sioner.

1[10A.

(1) The  Superintendence,  direction  and  control  of  the
preparation  of  electoral  rolls  for,  and  the  conduct  of,  all  elections  to  the
Municipal  Councils  shall  be  vested  in  the  State  Election  Commissioner.

(2) The State Election Commissioner may, by order, delegate any of his
powers  and  functions  to  any  officer  of  the  Commission,  or  any  officer  of  the
State Government not below the rank of Deputy Collector or the Chief Officer
of a Council.

(3) All  the  officers  and  members  of  the  staff  appointed  or  deployed  for
preparation  of  electoral  rolls  and  conduct  of  elections  of  Municipal  Councils
under  this  Act  or  the  rules  shall  function  under  the  superintendence,
direction  and  control  of  the  State  Election  Commissioner.

(4) Notwithstanding anything contained in this Act and the rules, the State
Election Commissioner may issue such special or general orders or directions
which  may  not  be  inconsistent  with  the  provisions  of  this  Act  for  fair  and
free  elections.]

2[10AA. The  State  Election  Commissioner  may  with  a  view  to  prevent
impersonation of electors at the time of election, issue such directions, as he
thinks fit, to the presiding officers and such directions may include instructing
the electors to produce, at the time of polling, the photo identity cards issued
to them under the provisions of the Representation of the Peoples Act, 1951.]

3[11. The electoral roll of the Maharashtra Legislative Assembly prepared
under  the provisions  of the  Representation of  the  Peoples Act,  1950, for  the
time being in force, on such date as the State Election Commissioner may, by
general  or  special  order  notify,  shall  be  divided  by  the  State  Election
Commissioner  into  different  sections  corresponding  to  different  wards  in
the municipal area ; and a printed copy of each section of the roll so divided
and authenticated by the State Election Commissioner or an officer authorised
by him, shall be the list of voters for each ward.]

11A. and 11B.

4[* * * *]

43 of
1951.

43 of
1951.

Power of State
Election
Commissioner
to issue
directions to
prevent
impersonation.

Preparation
of list of
voters.

Right to vote.

12.

(1) Every  person  whose  name  is  in 5[the  list  of  voters]  maintained
under 6[section  11]  shall  be  qualified  to  vote,  and  every  person  whose  name
is not in such list shall not be qualified to vote, at the election of a Councillor
for the ward to which such list pertains.

1  Section 10A was inserted by Mah. 41 of 1994, s. 117.
2 Section 10AA was inserted by Mah. 44 of 1994, s. 7.
3 Section 11 was substituted by Mah. 11 of 1996, s. 9.
4 Sections 11A and 11B were deleted by Mah. 11 of 1996, s. 10.
5 These words were substituted for the words and figures “either in part I or part II of the final

list of voters” by Mah. 20 of 1980, s. 19.

6 This word and figures were substituted for the words “the last preceding section”, by Mah. 47

of 1973, s. 6.

1965 : Mah. XL]

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

25

(2) The  list  of  voters  maintained  under 1[section  11]  shall  be  conclusive
evidence for the purpose of determining under this section whether a person
is qualified or is not qualified to vote, as the case may be, at any election.

2[13. The  voting  at  an  election  shall  be  by  ballot  or  by  electronic  voting

machine, and no votes shall be received by proxy.]

14.

(1) No  person  shall  be  entitled  to  vote  at  a  general  election  in  more
than one ward, notwithstanding that his name may appear in the list of voters
for  more  than  one  ward,  and  if  a  person  votes  in  more  than  one  ward  his
votes in all wards shall be void.

(2) No  person  shall  be  entitled  to  vote  at  any  election  in  the  same  ward
more  than  once,  notwithstanding  that  his  name  may  appear  in  the  list  of
voters  for  that  ward  more  than  once,  and  if  he  does  so  vote  all  his  votes  in
that ward shall be void.

15.

3[(1) Every  person 4[who  is  not  less  than  twenty-one  years  of  age
on  the  last  date  fixed  for  making  nominations  for  every  general  election  or
bye-election  and]  whose  name  is  included  in  the  list  of  voters  maintained
under  section  11  and  who  is  not  disqualified  for  being  elected  a  Coucillor
under this Act or any other law for the time being in force, shall be qualified,
and  every  person 5[who  is  not  of  twenty-one  year  of  age  as  abovesaid  and]
whose  name  is  not  included  in  the  list  or  who  is  so  disqualified  for  being  a
Councillor, shall not be qualified, to be elected as a Councillor at any election.]

(2) Subject  to  the  provisions  of  sub-section  (1),  the  list  of  voters
maintained  under  section  11  shall  be  conclusive  evidence  for  the  purpose  of
determining under this section whether a person is qualified or is not qualified
to be elected, as the case may be, at any election.

Manner of
voting.

Other
restriction on
voting.

6[Qualification
for becoming
Councillor.]

16.

(1) No person shall be qualified to become a Councillor whether by

election, 7[ * * * ]  or  nomination,  who,—

Disqualification
for becoming
Councillor.

8[ (al) has been so disqualified by or under any law,—

(i) for  the  time  being  in  force  for  the  purpose  of  elections  to  the

Legislature  of  the  State :

Provided that no person shall be disqualified on the ground that he
is less than twenty-five years of age, if he has attained the age of twenty-
one  years.

(ii) made by the Legislature of the State of Maharashtra ; or];

1 This word and figures were substituted for the words “the last preceding section”, by Mah. 47

of 1973, s. 6.

2 Section 13 was substituted by Mah. 8 of 2002, s. 15, w.e.f. 7th September 2001.
3 Sub-section (1) was substituted for the original sub-section (1) by Mah. 20 of 1980, s. 20.
4 This portion was inserted by Mah. 12 of 1990, s. 12(a).
5 This portion was inserted, by Mah. 12 of 1990, s. 12(b).
6 The marginal note was substituted by Mah. 10 of 1980, s. 7(b).
7 The word “co-option” was deleted by Mah. 41 of 1994, s. 120(a).
8 Clause (al) was inserted, by Mah. 41 of 1994, s. 120 (b).

26

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

[1965 : Mah. XL

Mah. IV
of 1974.

XLV of
1860.

XXII of
1955.

1[(a) has  been  convicted  by  a  Court  in  India  of  any  offence  and
sentenced  to imprisonment  for  not less  than two  years,  unless a  period
of five years, for such lesser period as the State Government may allow
in any particular case, has elapsed since his release ; or].

2[(aa) has, at any time after the commencement of the Maharashtra
Municipalities  and  other  Provisions  (Amendment)  Act,  1974,  been
convicted  of  an  offence  punishable  under  section  153-A,  or  sub-section
(2) or (3) of section 505, of the Indian Penal Code, unless a period of five
years has  elapsed since  the date  of such  conviction ; or

(ab) has  been  convicted  of  an  offence  punishable  under  the
*Untouchability  (Offences)  Act,  1955,  and  sentenced  to  imprisonment
for any term or fine unless a period of 3[six years], has elapsed since his
release ;  or]

(ac) has been convicted by a Court in India of any offence involving
moral  turpitude,  unless  a  period  of 3[six  years],  has  elapsed  since  the
date  of  such  conviction ;  or]

(b) has  been  removed  from  office  under  section  42  and 3[six  years]
have  not  elapsed  from  the  date  of  such  removal,  unless  he  has,  by  an
order made by the State Government in this behalf, been, relieved earlier
from the disqualification arising on account of such removal from office ;
or

4[(ba) has  been  found  guilty  of  misconduct  in  the  discharge  of  his
duties, or being guilty of any disgraceful conduct while holding the office
of  the  President  or  Vice-President  of  the  Council  unless  the  period  of
disqualification  provided  under  section  55B  has  lapsed ;]

(c) is  an  undischarged  insolvent ;  or

(d) is  of  unsound  mind  and  stands  so  declared  by  a  Competent

Court ;  or

(e) has  voluntarily  acquired  the  citizenship  of  a  foreign  State  or  is
under  any  acknowledgement  of  allegiance  or  adherence  to  a  foreign
State ;  or

(f) is a Judge ; or

(g) is  a  subordinate  officer  or  servant  of  Government  or  any  local
authority  or  holds  an  office  of  profit  under  Government  or  any  local
authority ;  or

5[(ga) if,  having  held  any  office  under  any  Government  or  local
authority  has,  whether  before  or  after  the  commencement  of  the

1 Clause (a) was deemed always to have been substituted with effect from 16th December

1974, for the original by Mah. 4 of 1975, s. 3.

2 Clauses (aa) to (ac) were inserted by Mah. 4 of 1974, s. 7(a)(ii).
3 These words substituted for the words “five years” by Mah. 41 of 1994, s. 120 (c).
4 This clause was inserted by Mah. 11 of 1996, s. 11(1).
5 Clause (ga) was inserted by Mah. 4 of 1974, s. 7(a) (iii).
* See now Protection of Civil Rights Act, 1955.

1965 : Mah. XL]

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

27

Mah. IV
of 1974.

Maharashtra  Municipalities  and  other  Provisions  (Amendment)  Act,
1974,  been  dismissed  for  misconduct,  unless  a  period  of  five  years  has
elapsed  since  his  dismissal ;  or]

(h) is in arrears (otherwise than as a trustee) of any sum due by him
to the Council after the presentation of bill therefor to him under section
150 ; or

Bom.
XXV of
1930.

1[(ha) has  not  paid  any  sums  due,  whether  surcharged  or  charged,

under the provisions of the Bombay Local Fund Audit Act, 1930 ;]

(i) save as hereinafter provided, has directly or indirectly, by himself
or  his  partner,  any  share  or  interest  in  any  work  done  by  order  of  a
Council or in any contract with or under or by or on behalf of a Council ;
or

(j) save as hereinafter provided, has directly or indirectly, by himself
or his partner any share or interest in any transaction of loan of money
advanced  to,  or  borrowed  from  any  officer  or  servant  of  the  Council ;

2[(k)  has more than two children :

Mah.
XLIII of
2000.

Provided  that,  a  person  having  more  than  two  children  on  the  date  of
commencement  of  the  Maharashtra  Municipal  Corporations  and  Municipal
Councils, Nagar Panchayats and Industrial Townships (Second Amendment)
Act,  1995  (hereinafter  in  this  clause  referred  to  as  “ the  date  of  such
commencement ”),  shall  not  be  disqualified  under  this  clause  so  long  as  the
number  of  children  he  had  on  the  date  of  such  commencement  does  not
increase :

Provided  further  that,    a  child  or  more  than  one  child  born  in  a  single
delivery  within  the period  of  one  year  from  the date  of  such  commencement
shall  not  be  taken  into  consideration  for  the  purpose  of  disqualification
mentioned  in  this  clause.

Explanation.—For  the  purposes  of  this  clause,—

(i) where  a  couple  has  only  one  child  on  or  after  the  date  of  such
commencement,  any  number  of  children  born  out  of  a    single  subsequent
delivery  shall  be  deemed  to  be  one  entity ;

(ii) “ child ”  does  not  include  an  adopted  child  or  children.]

3[(l) is a Member of the State Legislature or of Parliament :

Provided  that,  nothing  in  this  Clause  shall  affect  the  membership  of  a
sitting Councillor till the expiry of his current term of office as such Concillor :

Provided  further  that,  any  action,  taken  by  such  Councillor  during  the
period from the 7th October 2001 till the 20th October 2001, being the date of
publication of the Maharashtra Municipal Corporations and Municipal Concils
(Amendment)  Ordinance,  2001,  shall  be  deemed  to  have  been  validly  taken
and shall not be challenged in any court of law only on the ground that during
the  said  period  he  had  incurred  disqualification  under  this  clause] ;

Mah.
Ord.
XXXI of
2001.

4[(m) has  failed  to  submit  to  the  Council  a  certificate  of  the  Authorised

Officer  of  the  concerned  Council,  certifying  that,—

(i) he resides in a house owned by him and has a toilet in such house

and he regularly uses  such toilet ; or

(ii) he resides in a house not owned by him and has a toilet in such
house and he regularly uses it or he has no such toilet but regularly uses
the  community  or  public  toilet :

1 Clause (ha) was inserted by Mah. 18 of 1993, s. 6.
2 This Clause was added by Mah. 43 of 2000, s. 5.
3 This clause was added by Mah. 8 of 2002, s. 16, w.e.f. 7th September 2001.
4 This clause was added by Mah. 19 of 2016, s. 4. (This Act yet to be come into force till the 10th

May 2016).

H 4109—6

28

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

[1965 : Mah. XL

Provided that, no Councillor on the date of commencement of the
Maharashtra Municipal Corporations and the Maharashtra Municipal
Councils, Nagar  Panchayats and  Industrial  Townships  (Fourth
Amendment)  Act,  2015,  shall  be  disqualified  under  this  clause,  if  he
submits  such  certificate,  within  a  period  of  one  hundred  eighty  days
from  the  date  of  such  commencement :

Mah.
XIX of
2016.

Provided  further  that,  if  the  Authorised  Officer  fails  to  take
the decision in respect of such application within a period of thirty
days from the date of receipt of the application; the application shall
be  deemed  to  have  been  granted  and  the  Authorised  Officer  shall
issue  such  certificate  accordingly.]

1[(1A) A person who at any time during the term of his office is disqualified
under 2[sections  55B  or]  the  Maharashtra  Local  Authority  Members
Disqualification  Act, 1986  for being  a councillor  shall  cease to  hold office  as
such  councillor].

Mah. XX
of
1987.

3[(1B) (a) A  person  shall  be  disqualified  for  being  a  Councillor,  or  for
contesting  an  election  for  being  elected  as  a  Councillor,  for  a  period  of  six
years, if, an order is passed by the concerned authority, under section 21 or,
as  the  case  may  be,  section  44,  holding  that  such  person  was  elected  as  a
Councillor  to  a  seat  which  was  reserved  for  a  member  belonging  to  a
Scheduled  Caste,  a  Scheduled  Tribe  or  a  Backward  Class  of  Citizens
(hereinafter  referred  to  as  “a  reserved  category”)  on  the  basis  of  false  claim
or  a  false  Caste  Certificate  declaring  that  such  person  belonged  to  such
reserved  category.

(b) Such  period  of  disqualification  shall  be  computed  with  effect  from

the date of passing of such  order by the concerned authority.

(1C)  (a) Notwithstanding  anything  contained  in  sub-section  (1B),  a
councillor who has been elected to a reserved seat as mentioned in sub-section
(1B),  shall  be  disqualified  for  being  such  Councillor  consequent  upon  the
concerned Scrutiny Committee constituted under sub-section (1) of section 6
of  the  Maharashtra  Scheduled  Castes,  Scheduled  Tribes,  De-notified  Tribes
(Vimukta  Jatis),  Nomadic  Tribes,  Other  Backward  Classes  and  Special
Backward  Category  (Regulation  of  Issuance  and  Verification  of)  Caste
Certificate Act, 2000 or any other competent authority specified by the State
Government  for  the  purpose  of  scrutiny  of  the  Caste  Certificates,  declaring
the Caste Certificate of such Councillor to be invalid and cancelling the same,
on the ground of the same having been based on a false claim or declaration
made by such person claiming to be belonging to the reserved category, and
thereupon  the  Councillor  shall  be  deemed  to  have  vacated  his  office  on  and
from the date of declaration of such Certificate to be invalid and cancellation
of the same by the said Scrutiny Committee or by the competent authority.

(b) On  any  person  having  been  disqualified  for  being  a  Councillor  and
consequently, his seat as such Councillor having become vacant under clause
(a),  the  State  Government  shall,  by  notification  in  the Official  Gazette,
disqualify such person for being elected or being a Councillor for a period of
six years from the date of such order.]

4[(1D) If the State Election Commission is satisfied that a person,—

(a) has failed to lodge an account of election expenses within the time

and in the manner required by the State Election Commission; and

(b) has no good reason or  justification for such failure,

1 Sub-section (1A) was inserted by Mah. 20 of 1987, s. 11, Sch.
2 These words, figures and letter were inserted by Mah. 11 of 1996, s. 11 (2).
3 Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 4.
4 Sub-sections (1D) and (1E) were inserted by Mah. 12 of 2008, s. 5.

Mah.
XXIII
of
2001.

1965 : Mah. XL]

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

29

the  State  Election  Commission  may,  by  an  order  published  in  the
Official Gazette, declare him to be disqualified and such person shall be dis-
qualified  for  being    a  Councillor  or  for  contesting  an  election  for  being  a
Councillor  for  a  period  of  three years  from  the  date  of  the  order.

(1E) The  State  Election  Commission  may,  for  reasons  to  be  recorded,
remove  any  disqualification  under  sub-section  (1D)  or  reduce  the  period  of
any  such  disqualification.]

(2) Nothing in clause (g) of sub-section (1) 1[or in sub-section (1A)] shall
apply when a Government servant is nominated as a Councillor of a Council
for a Municipal area specified in Part II or Part III of Schedule I.

2[  (2A)  A  person  shall  not  be  deemed  to  have  incurred  disqualification
under clause (g) of sub-section (1) by reason only of such person holding the
office  of  Chairman  or  member  of  the  committee  of  any  co-operative  society
(which  is  registered  or  deemed  to  be  registered  under  any  law  for  the  time
being  in  force  relating  to  the  registration  of  co-operative  societies)  to  which
appointment  is made  by the  State Government  or  the office  of liquidator  or
joint  liquidator  to  which  appointment  is  made  by  the  Registrar  of  Co-
operative  Societies,  or  the  office  of  nominee  of  the  Registrar  whether
appointed  individually or  to  a  board of  nominees.  ]

(3) A person shall not be deemed to have incurred disqualification under

clause (i) of sub-section (1) by reason of his—

(a) having  any  share  or  interest  in  any  lease,  sale  or  purchase  of

any immovable property or in any agreement for the same; or

(b) having a share or interest in any company or co-operative society
which contracts with or be employed by or on behalf of the Council; or

(c) having  a  share  or  interest  in  any  newspaper  in  which  any
advertisement relating to the affairs of the Council may be inserted ; or

(d) holding  debentures  or  being  otherwise  interested  in  any  loan

raised by or on behalf of the Council; or

(e) having a share or interest in the occassional sale to the Council
of any article in which he regularly trades, or in the purchase from the
Council  of  any  article,  to  a  value  in  either  case  not  exceeding  in  any
official year two thousand rupees, or such higher amount not exceeding
ten  thousand  rupees  as  the  Council  with  the  sanction  of  the  State
Government may fix in this behalf ; or

(f) having share or interest in the  occasional letting out on hire to
the Council or in the hiring from the Council of any article for an amount
not  exceeding  in  any  official  year  two  hundred  rupees,  or  such  higher
amount  not  exceeding  one  thousand  rupees  as  the  Council  with  the
sanction of the Collector may fix in this behalf; or

(g) being a party to any agreement made with the Council for paying
fixed charges or lump sum in lieu of any taxes or for construction of any
drainage  or  water  connections  for  his  premises  ;

3[ (h) receiving a  pension from  or of  the Council;  or

(i) any relation, being employed with, by, or on behalf of the Council,

as an officer or servant thereof. ]

(4) A person shall not be deemed to have incurred disqualification under
clause (f) of sub-section (1) by reason only of his being an officer or member of

1 These words, brackets, figure and letter were inserted by Mah. 20 of 1987, s. 11 Sch.
2 Sub-section (2A) was inserted by Mah. 4 of 1974, s. 7 (b).
3 Clauses (h) and (i) were inserted by Mah. 41 of 1983, s. 2.

H 4109—6a

30

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

[1965 : Mah. XL

a  co-operative  society,  which  advances  or  has  advanced  a  loan  of  money  to,
or borrows or has borrowed money from, any officer or servant of the Council.

Power to
make  rules
regulating
elections.

17.

(1) The State Government 1[ in consultation with the State Election
Commissioner],  may  make  rules  generally  to  provide  for  or  to  regulate,
matters  in respect  of elections  to  be held  under this  Act.

(2) Without prejudice to the generality of the foregoing powers, the State
Government 1[  in  consultation  with  the  State  Election  Commissioner],  may
make rules with regard to all or any of the following matters, namely :—

(a) 2[ the preparation, publication and maintenance of list of voters];

3[

*

*

*

*

*

*

*]

(b) the  fixation  of  dates,  time  and  places  for  various  stages  of

election;

(c) the  appointment  and  duties  of  returning  officers,  presiding

officers  and  other  staff  appointed  for  elections ;

(d) the  nomination  of  candidates,  form  of  nomination  paper,
objection  to  nominations,  scrutiny  of  nominations  and  appeals  against
acceptance  or  rejection  of  nomination  papers  ;

(e) the deposits to be made by candidates and circumstances under
which  such  deposits  may  be  refunded  to  candidates  or  forfeited  to  the
Council;

(f) the  assignment  of  symbols  to  candidates]

(g) the  withdrawal  of  candidature  ;

(h) the  appointment  of agents  of  candidates  ;

(i) the form of ballot paper ;

(j) the  procedure  in  contested  and  uncontested  elections  ;

(k) the  steps to  be taken  to  prevent personation  of voters  ;

(l) the  manner  of  recording  votes  ;

(m) the procedure to be followed in respect of challenged votes and

tendered  votes;

(n) the scrutiny of votes, counting or recounting of votes, declaration
of results and procedure in case of equality of votes or in the event of a
Councillor  being  elected  to  represent  more  than  one  ward  ;

(o) the  custody  and  disposal  of  papers  relating  to  elections  ;

(p) the  circumstances  in  which  poll  may  be  suspended  or  held

afresh ;

(q) any other matter relating to elections which is to be or may be

prescribed  under  this  Act.

4

*

*

*

*

*

*

Failure  to
elect.

18.

(1) If at a general election or a bye-election, no councillor is elected
from any ward, a fresh election shall be held to elect a Councillor from that
ward ;

5

*

*

*

*

*

*

1 These words were inserted by Mah. 41 of 1994, s. 121.
2 These  words  were  substituted  for  the  words  “ the  maintenance ”  by  Mah.  47  of  1973,

s. 7.

3 Clause (aa) was deleted by Mah. 20 of 1980, s. 21(1).
4 The proviso was deleted by Mah. 20 of 1980, s. 21(2).
5 The words “ and if there is a failure to elect a Councillor, at a fresh election, such vacancy may
notwithstanding anything contained in this Act, be filled by nomination of a duly qualified person
by the State Government,” were deleted by Mah. 41 of 1994, s. 122 (a).

1965 : Mah. XL]

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

31

1

*

*

*

*

*

*

19.

(1) As soon as possible after the counting of votes in a ward if it is
a  bye-election  and  in  all  the  wards  if  it  is  a  general  election  in  a  municipal
area is over, the 2[ State Election Commissioner ] shall publish the result in
the Official Gazette, as soon as conveniently may be.

Declaration of
results  of
elections.

3[  If  at  a  general  election  the  poll  could  not  be  taken  in  any  ward  or
wards for any reason on the date originally fixed for the purpose but it was
taken  on  that  date  in  more  than  two-thirds  of  all  the  wards,  the 2[  State
Election Commissioner ] shall, as soon as, possible after the counting of votes
in the said wards is over, publish the available results in the Official Gazette,
and  as  regards  the  remaining  ward  or  wards,  the 2[  State  Election
Commissioner ], shall subsequently publish the results in the Official Gazette
as  and  when  the  poll  is  taken  and  counting  of  votes  therein  is  over.  In
determining two-thirds of the number of the wards, a fraction shall be ignored.
After  every  general  election  upon  the  publication  of  the  results,  or,  as  the
case may be, the first publication of the results, in the Official Gazette, under
this sub-section,  the Council shall be  deemed to be duly  constituted. ]

(2) If  a  person  is  elected  in  more  than  one  ward,  he  shall  by  notice  in
writing signed by him and delivered to the 2[ State Election Commissioner ]
within a period of seven days from the date of publication of the results under
sub-section (1), 4[ or as the case may be, the date of subsequent publication of
the results thereunder in which his name is included ] choose any one of the
wards which he shall serve and the choice shall be final.

(3) When  such  choice  is  made,  fresh  election  shall  be  ordered  in  the

remaining  ward  or  wards.

5[  (4) In  case  such  person  fails  to  notify  his  choice  within  the  period
specified  in  sub-section  (2),  the  State  Election  Commissioner  shall  by  lot
decide one of the wards within which such person shall serve and the decision
of  the  Commissioner  shall  be  final.  Fresh  election  shall  be  ordered  in  the
remaining  ward  or  wards.]

6

*

*

*

*

*

*

Publication
of names  of
nominated
Councillors.

12**

Disputes  in
respect  of
election,
or
nomination
of
Councillors.

7[  Co-option  of  Councillors-Deleted.]

19A.
8[ 20.   The names of nominated Councillors shall also be published by

the  State  Election  Commissioner  in  the Official  Gazette.  ]

(4) Disputes  in  respect  of  election,9*  or  nomination  of  Councillors

21.

(1) No election, 10*  or  nomination  of  a Councillor  may  be  called  in
question, except by a petition presented to the District Court, by a candidate
at  the  election  or  by  any  person  entitled  to  vote  at  the  election,  within  ten
days from the date of publication of the names of the Councillors in the Official
Gazette under section 19 or 20, as the case may be. ]

(2) Any  such  petition—

(a) shall contain a concise statement of the material facts on which

the  petitioner  relies  ;

(b) shall, with sufficient particulars, set forth the ground or grounds
11*       or nomination is called in question ; and

on which the election,

1 Sub-section (2) was deleted, by Mah. 41 of 1994, s. 122(b).
2 These words were substituted for the word “Collector” by Mah. 41 of 1994, s. 123(a).
3 This portion was added by Mah. 10 of 1967, s. 3
4 These words were inserted by Mah. 10 of 1967, s. 3(b).
5 Sub-section (4) was substituted by Mah. 41 of 1994, s. 123(c).
6 Sub-section (5) was deleted by Mah. 19 of 1981, s. 5.
7 Section 19A was deleted by Mah. 19 of 1981, s. 6.
8 Section 20 was substituted by Mah. 41 of 1994, s. 124.
9 The word “co-option” was deleted by Mah. 41 of 1994, s. 125.
10 The word “co-option or” were deleted by Mah. 41 of 1994, s. 126(a).
11 The word “co-option” was deleted by Mah. 41 of 1994, s. 126(b).
12 The words “co-option or” were deleted by Mah. 41 of 1994, s. 126(e)(ii).

32

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

[1965 : Mah. XL

(c) shall be signed by the petitioner and verified in the manner laid
down  in  the  Code  of  Civil  Procedure,  1908,  for  the  verification  of
pleadings.
(3) A  petitioner  may  claim  all  or  any  one  of  the  following  declara-

V of
1908.

tions  :—

or

(a) that the election of all or any of the returned candidates is void;

(b) that the election of all or any of the returned candidates is void

and that he himself or any other candidates has been duly elected ; or
2**

1**              nomination  of  all  or  any  of  the

(c) that  the

nominated  Councillors  is  void.
(4) A  petitioner  shall  join  as  respondents  to  his  petition—

(a) where  the  petitioner  claims  a  declaration  under  clause  (a) of
sub-section (3), the returned candidate or candidates in respect of whom
such  declaration  is  claimed;

(b) where  the  petitioner  claims  a  declaration  under  clause  (b)  of
sub-section  (3), all  the  contesting  candidates  other  than  the  petitioner;
(c) any other candidate against whom allegations of any corrupt or

illegal  practice  are  made  in  the  petitions;

3[  (d) where  the  petitioner  claims  a  declaration  under  clause  (c)  of
sub-section  (3), all  or  any  of  the  nominated  Councillors  in  respect  of
whom  such  declaration  is  claimed  and  the  Council  who  nominated  the
Councillor  member.  ]
(5) Such  petition  shall  be  inquired  into  and  disposed  of  by  the  District
Judge  or by  any  Judge not  lower in  rank  than an  Assistant  Judge to  whom
the case or such cases generally may be referred to by the District Judge.

(6) All  petitions  under  sub-section  (1)—

(a) in  which  the  validity  of  the  election  of  Councillors  elected  to
represent the same ward is in question shall be heard by the same Judge;
and

(b) in  which  the  validity  of  the  election  of  the  same  Councillor
elected to represent the same ward is in question shall be heard together.
(7) For the trial of such petition, the Judge shall have all the powers of

a  Civil  Court  including  powers  in  respect  of  the  following  matters  :—

(a) discovery  and  inspection;
(b) enforcing the attendance of witnesses and requiring the deposit

of  their  expenses;

(c) compelling  the  production  of  documents  ;
(d) examining  witnesses on  oath  ;
(e) granting  adjournments;
(f) reception  of  evidence  on  affidavit;  and
(g) issuing  commissions  for  the  examination  of  witnesses  ;
and the Judge may summon and examine suo motu any person whose evidence
appears to him to be material. The Judge shall be deemed to be a Civil Court,
within  the  meaning  of  sections  480  and  482  of    the £Code  of  Criminal
Procedure,  1898.

(8) Notwithstanding anything contained in the Code of Civil Procedure,

1908 the Judge shall not permit—

V of
1898.

V of
1908.

(a) any  application  to  be  compromised  or  withdrawn ;  or
(b) any person to alter or amend any pleading,

1 The words “co-option or” were deleted by Mah. 41 of 1994, s. 126(c)(i).
2 The words “co-opted or” were deleted by Mah. 41 of 1994, s. 126(c)(ii).
3 Clause (d) was substituted  by Mah. 41 of 1994, s. 126 (d).
£ See now the Code of Criminal Procedure, 1973 (2 of 1974).

1965 : Mah. XL]

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

33

unless he is satisfied that such application for compromise or withdrawal or
the application for such alteration or amendment is bona fide and not collusive.
(9) The  Judge,  after  such  inquiry  as  he  deems  necessary,  may  pass

suitable  order  and  his  order  shall  be  conclusive.

(10) If the petitioner has, in addition to calling in question the  election
of the returned candidate, claimed a declaration that he himself  or any other
candidate has been duly elected and the Judge is satisfied that—

(a) the  petitioner  or  such  other  candidate  received  sufficient

number of valid votes to have been elected ; or

(b) but for the votes obtained by the returned candidate by corrupt
practices  the  petitioner  or  such  other  candidate  would  have  obtained  a
sufficient number of valid votes to have been elected ;

the  Judge  may,  after  declaring  the  election  of  the  returned  candidate  void,
declare  the  petitioner  or  such  other  candidate  to  have  been  duly  elected  :

Provided  that—

(i) for  the  purpose  of  such  computation,  no  vote  shall  be  reckoned
as  valid  if  the  Judge  finds  that  any  corrupt  practice  was  committed  by
any person known or unknown in giving or obtaining it;

(ii) after such computation, if any equality of vote is found to exist
between  any  candidates  and  the  addition  of  one  vote  would  entitle  any
of  the  candidates  to  be  declared  elected,  one  additional  vote  shall  be
added to the total number of valid votes found to have been recorded in
favour  of  the  candidate,  or  candidates,  as  the  case  may  be,  selected  by
lot  drawn  in  the  presence  of  the  Judge  in  such  manner  as  he  may
determine.
(11) Where  any  charge  is  made  in  the  petition  of  any  corrupt  practice,
the Judge shall make an order recording the names of all persons including
any candidates, if any, who have been proved at the trial to have been guilty
of  any  corrupt  practice  and  the  nature  of  that  practice  and  may  disqualify
any  such  person  for  becoming  a  Councillor  or  Member  of  any  other  local
authority for such period not exceeding six years but not less than two years
from the date of the order, as the Judge may specify in the order :

Provided that, no person shall be named in such order unless—

(a) he has been given notice to appear before the Judge and to show

cause why he should not be so named; and

(b) if  he  appears  in  pursuance  of  the  notice,  he  has  been  given  an
opportunity  of  cross-examining  any  witness  who  has  already  been
examined  by  the  Judge  and  has  given  evidence  against  him,  of  calling
evidence  in his  defence and  of being  heard.
1[(11A) If  the  validity  of  any  election  is  called  in  question  only  on  the
ground of an error made by an officer charged with carrying out the provisions
of  clause  (b)  or  (c) of  sub-section  (2)  of  section  9  or  of  the  rules  made  under
section 17 or of an irregularity or informality not corruptly caused, the Judge
shall not set aside the election. ]

(12) If the Judge sets aside the election of candidate on the ground that
a  corrupt  practice  has  been  committed  by  the  returned  candidate  or  his
election  agent  or  by  any  other  person  with  the  consent  of  the  candiadate  or
his election agent and if such candidate’s name has not been included in any
order  made  under  sub-section  (11), the  Judge  shall  declare  such  candidate
disqualified for becoming a Councillor or Member or any other local authority
of  such  period  not  exceeding  six  years  but  not  less  than  two  years  from  the
date of the order, as the Judge may specify in the order.

(13) The Judge may also make an order fixing the total amount of costs
payable and specifying the person by and to whom costs shall be paid. Such
costs  shall  be  recoverable  as  if  they  had  been  awarded  in  a  suit  under  the
Code  of  Civil  Procedure,  1908.

V of
1908.

1 Sub-section (11A) was inserted by Mah. 47 of 1973, s. 10(b).

34

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

[1965 : Mah. XL

Corrupt
practices.

(5) Corrupt  practices  and  other  electoral  offences.

22.

The  following  shall  be  deemed  to  be  corrupt  practices  for  the

purposes  of  this  Act :—

(1) Bribery, that is to say,—

(A) any gift, offer or promise by a candidate or his agent or by any
other  person  with  the  consent  of  a  candidate  or  his  election  agent,  of
any gratification, to any person whomsoever, with the object, directly or
indirectly,  of    inducing—

(a) a  person  to  stand  or  not  to  stand  as,  or  to  withdrawn  from

being, a candidate at an election;  or

(b) a voter to vote or refrain from voting at an election ;

or as a reward to—

(i) a  person  for  having  so  stood  or  not  stood;  or  for  having

withdrawn  his  candidature  ;  or

(ii) a voter for having voted  or refrained from voting ;

(B) the  receipt  of,  or  agreement  to  receive,  any  gratification,

whether as a motive or a reward—

(a) by a person for standing or not standing as, or for withdrawing

from being a candidate ; or

(b) by  any  person  whomsoever  for  himself  or  any  other  person
for voting or refraining from voting, or inducing or attempting to induce
any voter to vote or refrain from voting, or any candidate to withdraw
his  candidature.

Explanation.—For the purposes of this clause, the term “ gratification “
is  not  restricted  to  pecuniary  gratification  or  gratifications  estimable  in
money and it includes all forms of entertainment and all forms of employment
for  reward,  but  it  does  not  include  the  payment  of  any  expenses bona  fide
incurred  at,  or  for  the  purpose  of  any  election.

(2) Undue  influence,  that  is  to  say,  any  direct  or  indirect  interference
or  attempt  to  interfere  on  the  part  of  the  candidate  or  his  agent,  or  of  any
other  person,  with  the  consent  of  the  candidate  or  his  election  agent,  with
the  free  exercise  of  any  electoral  right :

Provided  that—

(a) without  prejudice  to  the  generality  of  the  provisions  of  this

clause any such  person as is referred  to therein, who—

(i) threatens any candidate or any voter, or any person in whom
a candidate or a voter is interested, with injury of any kind including
social  ostracism  and  ex-communication  or  expulsion  from  any  caste
or  community;  or

(ii) induces or attempts to induce a candidate or a voter to believe
that he or any person in whom he is interested, will become or will be
rendered  an  object  of  divine  displeasure  or  spiritual  censure;
shall  be  deemed  to  interfere  with  the  free  exercise  of  the  electoral  right  of
such candidate or voter within the meaning of this clause ;

(b) a  declaration  of  public  policy,  or  a  promise  of  public  action,  or
the  mere  exercise  of  a  legal  right  without  intent  to  interfere  with  an
electoral right, shall not be deemed to be interference within the meaning
of this clause.

1965 : Mah. XL]

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

35

(3) The appeal by a candidate or his agent or by any other person with
the consent of a candidate or his election agent, to vote or refrain from voting
for  any  person  on  the  grounds,  of  his  religion,  race,  caste,  community  or
language  or  the  use  of,  appeal  to,  religious  symbols  or  the  use  of,  or  appeal
to, national symbols, such as the national flag or the national emblem, for the
furtherance  of  the  prospects  of  the  election  of  that  candidate  or  for
prejudicially  affecting  the  election  of  any  candidate.

(4) The publication by a candidate or his agent or by any other person,
with the consent of a candidate or his election agent, of any statement of fact
which is false, and which he either believes to be false or does not believe to
be true, in relation to the personal character or conduct of any candidate, or
in  relation  to  the  candidature,  or  withdrawal  of  any  candidate,  being  a
statement reasonably calculated to prejudice the prospects of that candidate’s
election.

(5) The  hiring  or  procuring,  whether  on  payment  or  otherwise,  of  any
vehicle or vessel by a candidate or his agent or by any other person with the
consent of a candidate or his election agent, for the conveyance of any voter
(other than the candidate himself, the members of his family or his agent) to
or from any polling station :

Provided  that,  the  hiring  of  a  vehicle  or  vessel  by  a  voter  or  by  several
voters  at  their  joint  costs  for  the  purpose  of  conveying  him  or  them  to  and
from any such polling station or place fixed for the poll shall not be deemed
to be a corrupt practice under this clause if the vehicle or vessel so hired is a
vehicle  or  vessel  not  propelled  by  mechanical  power:

Provided  further  that,  the  use  of  any  public  transport  vehicle  or  vessel
or any tramcar or railway carriage by any voter at his own cost for the purpose
of going to or coming from any such polling station or place fixed for the poll
shall not be deemed to be a corrupt practice under this clause.

Explanation.—In this clause, the expression “vehicle” means any vehicle
used  or  capable  of  being  used  for  the  purpose  of  road  transport,  whether
propelled  by  mechanical  power  or  otherwise  and  whether  used  for  drawing
other  vehicles  or  otherwise.

(6) The  obtaining  or  procuring  or  abetting  or  attempting  to  obtain  or
procure by a candidate or his agent or by any other person with the consent
of a candidate or his election agent, any assistance (other than the giving of
vote)  for  the  furtherance  of  the  prospects  of  the  candidate’s  election,  from
any  person  in  the  service  of  the  Government  or  Council.

23.

(1) No  person  shall  convene,  hold  or  attend  any  public  meeting,
within a ward of a municipal area on the date or dates on which poll is taken
for an election from that ward.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,
on  conviction,  be  punished  with  fine  which  may  extend  to  two  hundred  and
fifty  rupees.

Prohibition
of public
meetings   on
the election
day.

24.

(1) This  section  applies  to  any  public  meeting  in  connection  with
an  election  held  in  a  municipal  area  after  the  programme  for  the  election
from any ward of the municipal area is announced.

Disturbances
at   election
meeting.

H 4109—7

36

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

[1965 : Mah. XL

(2) Any  person  who  at  a  public  meeting  to  which  this  section  applies,
acts,  or  incites  others  to  act,  in  a  disorderly  manner  for  the  purpose  of
preventing the transaction of the business for which the meeting was called
together,  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to
two  hundred  and  fifty  rupees.

(3) If  any  police  officer  reasonably  suspects  any  person  of  committing
an offence under sub-section (2), he may, if requested so to do by the Chairman
of the meeting, require that person to declare to him immediately, his name
and  address  and,  if  that  person  refuses  or  fails  so  to  declare  his  name  and
address, or if the police officer reasonably suspects him of giving a false name
or  address,  the  police  officer  may  arrest  him  without  warrant.

Prohibition
of canvassing
in  or near
polling
stations.

25.

(1) No person shall, on the date or dates on which a poll is taken at
any polling station, commit any of the following acts within the polling station
or in any public or private place within a distance of one hundred metres of
the polling station, namely :—

Penalty   for
disorderly
conduct  in or
near polling
stations.

(a) canvassing  for votes  ;  or

(b) soliciting the vote of any voter ; or

(c) persuading  any  voter  not  to  vote  for  any  particular  candidate;

or

(d) persuading  any  voter  not  to  vote  at  the  election;  or

(e) exhibiting  any  notice  or  sign  (other  than  an  official  notice)

relating  to  the  election.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,
on  conviction,  be  punished  with  fine  which  may  extend  to  two  hundred  and
fifty  rupees.

26.

(1) No person shall, on the date or dates on which a poll is taken at

any  polling  station—

(a) use  or  operate  within  or  at  the  entrance  of  the  polling  station
or  in  any  public  or  private  place  in  the  neighbourhood  thereof,  any
apparatus  for  amplifying  or  reproducing  the  human  voice,  such  as  a
megaphone  or  a  loudspeaker;  or

(b) shout, or otherwise act in a disorderly manner, within or at the
entrance  of  the  polling  station  or  in  any  public  or  private  place  in  the
neighbourhood  thereof,

so as to cause annoyance to any person visiting the polling station of the poll
or so as to interfere with the work of the officers and other persons on duty
at  the  polling  station.

(2) Any  person  who  contravenes,  or  wilfully  aids  or  abets  the
contravention  of,  any  provision  of  sub-section  (1)  shall,  on  conviction,  be
punished with imprisonment for a term which may extend to three months,
or with fine which may extend to two hundred and fifty rupees, or with both.

(3) If the presiding officer of a polling Station has reason to believe that
any person is committing or has committed an offence punishable under this
section, he may direct any police officer to arrest such person, and thereupon
the  police  officer  shall  arrest  him.

(4) Any police officer may take such steps, and use such force, as may be
reasonably  necessary  for  preventing  any  contravention  of  the  provisions  of
sub­section (1), and may seize any apparatus used for such contravention.

1965 : Mah. XL]

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

37

27.

(1) Any  person  who  during  the  hours  fixed  for  poll  at  any  polling
station  misconducts  himself  or  fails  to  obey  the  lawful  directions  of  the
presiding  officer,  may  be  removed  from  the  polling  station  by  the  presiding
officer  or  by  any  police  officer  on  duty  or  by  any  person  authorised  in  this
behalf  by  such  presiding  officer.

Penalty   for
misconduct
at polling
stations.

(2) The powers conferred by sub-section (1) shall not be exercised so as
to  prevent  any  voter  who  is  otherwise  entitled  to  vote  at  a  polling  station
from having an opportunity of voting at that station.

(3) If  any  person  who  has  been  so  removed  from  a  polling  station
re-enters  the polling  station without  the  permission of  the presiding  officer,
he  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which
may extend to three months, or with fine which may extend to two hundred
and fifty rupees, or with both.

(4) An  offence under  sub-section  (3)  shall  be  cognizable.

28.

If  any  person  is  guilty  of  any  such  corrupt  practice  as  is  specified
in  clause  (5)  of  section  22  at  or  in  connection  with  an  election,  he  shall,  on
conviction, be punished with fine which may extend to two hundred and fifty
rupees.

29.

(1) Every  officer,  clerk,  agent  or  other  person  who  performs  any
duty,  in  connection  with  the  recording  or  counting  of  votes  at  an  election,
shall maintain and aid in maintaining the secrecy of the voting and shall not
(except  for  some  purpose  authorised  by  or  under  any  law)  communicate  to
any  person  any  information   calculated  to  violate  such  secrecy.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,
on conviction, be punished with imprisonment for a term which may extend
to three months, or with fine, or with both.

Penalty   for
illegal  hiring
or  procuring
of
conveyances
at  election.

Maintenance
of secrecy of
voting.

30.

(1) No  person  who  is  a  returning  officer  or  a  presiding  or  polling
officer at an election or an officer or clerk appointed by the returning officer
or  the  presiding  officer  to  perform  any  duty  in  connection  with  an  election,
shall,  in  the  conduct  or  the  management  of  the  election,  do  any  act  (other
than the giving of vote) for the furtherance of the prospects of the election of
a  candidate.

Officers, etc.
at  election
not  to  act
for
candidates or
to influence
voting.

(2) No  such  person  as  aforesaid,  and  no  member  of  police  force,  shall

endeavour—

(a) to persuade any person to give  his vote at an election; or

(b) to disuade any person from giving his vote at an election; or

(c) to influence the voting of any person at an election in any manner.

(3) Any  person  who  contravenes  any  provision  of  sub-section  (1)  or
sub-section  (2),  shall,  on  conviction,  be  punished  with  imprisonment  for  a
term which may extend to six months, or with fine, or with both.

31.

(1) If any person to whom this section applies is without reasonable
cause guilty of any act or omission in breach of his official duty, he shall, on
conviction, be punished with fine which may extend to five hundred rupees.

(2) No suit or other legal proceedings shall lie against any such person

for damages in respect of any such act or omission as aforesaid.

Breaches of
offficial duty
in
connection
with
election.

H 4109—7a

38

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

[1965 : Mah. XL

(3) The persons to whom this section applies are the returning officers,
presiding officers, polling officers and any other persons appointed to perform
any  duty  in  connection  with  the  preparation  of  a  municipal  voters  list,  the
receipt  of  nominations  or  withdrawals  of  candidatures  or  the  recording  or
counting of votes at any election, and the expression “official duty” shall, for
the  purposes  of  this  section,  be  construed  accordingly,  but  shall  not  include
duties  imposed  otherwise  than  by  or  under  this  Act.

Removal  of
ballot  papers
from  polling
station  to  be
an  offence.

32.

(1) Any person who, at any election, fraudulently takes, or attempts
to  take,  a  ballot  paper  out  of  a  polling  station,  or  wilfully  aids  or  abets  the
doing  of  any  such  act,  shall,  on  conviction,  be  punished  with  imprisonment
for a  term which may  extend to one  year, or with  fine which may  extend to
five  hundred  rupees,  or  with  both.

(2) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under sub-
section  (1) such  officer  may,  before  such  person  leaves  the  polling  station,
arrest or direct a police officer to arrest such person and may search person
or cause him to be searched by a police officer :

Provided  that,  when  it  is  necessary  to  cause  a  woman  to  be  searched,

the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be
made  over  for  safe  custody  to  a  police  officer  by  the  presiding  officer,  or
when  the  search  is  made  by  a  police  officer  shall  be  kept  by  such  officer  in
safe  custody.

Other elec-
toral offences
and penalties
therefor.

he—

(4) An  offence  punishable  under  sub-section  (1)  shall  be  cognizable.

33.

(1) A person shall be guilty of an electoral offence if at any election,

(a) fraudulently  defaces  or  fraudulently  destroys  any  nomination

paper ;  or

(b) fraudulently defaces, destroys or removes any list, notice or other

document affixed by or under the authority of a returning officer ; or

(c) fraudulently  defaces  or  fraudulently  destroys  any  ballot  paper

or the official mark on any ballot paper ; or

(d) without  due  authority  supplies  any  ballot  paper  to  any  person
or  receives  any  ballot  paper  from  any  person  or  is  in  possession  of  any
ballot  paper;  or

(e) fraudulently  puts  into  any  ballot  box  anything,  other  than  the

ballot paper which he is authorised by law to put in; or

(f) without  due  authority  destroys,  takes,  opens  or  otherwise
interferes with any ballot box or ballot papers then in use for the purposes
of the election  ; or

(g) fraudulently,  or  without  due  authority,  as  the  case  may  be,
attempts  to  do  any  of  the  foregoing  acts  or  wilfully  aids  or  abets  the
doing of any such acts.

(2) Any  person guilty  of an  offence under  this section  shall,—

(a) if  he  is  a  returning  officer  or  a  presiding  officer  at  a  polling
station  or  any  other  officer  or  clerk  employed  on  official  duty  in
connection  with  the  election,  on  conviction,  be  punished  with
imprisonment for a term which may extend to two years, or with fine, or
with both ;

1965 : Mah. XL]

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

39

(b) if  he  is  any  other  person,  on  conviction,  be  punished  with
imprisonment for a term which may extend to six months, or with fine,
or with both.

(3) For  the  purposes  of  this  section,  a  person  shall  be  deemed  to  be  on
official duty if his duty is to take part in the conduct of an election or part of
an  election  including  the  counting  of  votes  or  to  be  responsible  after  an
election  for  the  used  ballot  papers  and  other  documents  in  connection  with
such  election,  but  the  expression  “  official  duty ”  shall  not  include  any  duty
imposed  otherwise than  by  or  under this  Act.

(4) An  offence  punishable  under  clause (b) of  sub-section  (2)  shall  be

cognizable.

34. No  Court  shall  take  cognizance  of  any  offence  punishable  under
section 30, or under section 31, or under clause (a) of sub-section (2) of section
33, unless there is a complaint made by an order of, or under authority from,
1[the  State  Election  Commissioner].

Prosecution
regarding
certain
offences.

Requisition­
ing of
premises,
vehicles, etc.,
for election.

(6) Powers  of  requisitioning  for  election  purposes.

35.   (1) If it appears to the 2[State Election Commissioner] (hereinafter
referred  to  as  “the  requisitioning  authority”)  that  in  connection  with  an
election—

(a) any  premises  are  needed  or  are  likely  to  be  needed  for  the
purpose  of  being  used  as  a  polling  station  or  for  the  storage  of  ballot
boxes after a poll has been taken ; or

(b) any  vehicle,  vessel  or  animal  is  needed  or  likely  to  be  needed
for the purpose of transport of ballot boxes to, or from, any polling station
or transport of members of the police force for maintaining order during
the conduct of such election, or transport of any officer, or other person
for  the  performance  of  any  duties  in  connection  with  such  election,  the
requisitioning  authority  may  by  order  in  writing  requisition  such
premises or such vehicle, vessel or animal, as the case may be, and may
make such further orders as may appear to it to be necessary or expedient
in  connection  with  the  requisitioning :

Provided that, no vehicle, vessel or animal which is being lawfully used
by  a  candidate  or  his  agent  for  any  purpose  connected  with  the  election  of
such  candidate  shall  be  requisitioned  under  this  sub-section  until  the
completion  of  the  poll  at  such  election.

(2) The requisition shall be effected by an order in writing addressed to
the person deemed by the requisitioning authority to be the owner or person
in  possession  of  the  property,  and  such  order  shall  be  served  on  the  person
to whom it is addressed in the manner prescribed for the service of a notice
under  section  325.

(3) Any person to whom such order is addressed shall be bound to deliver
possession  of  such  premises  or  such  vehicle,  vessel  or  animal  to  the
requisitioning  authority  or  to  such  other  officer  as  may  be  specified  in  the
order.

(4) Whenever  any  property  is  requisitioned  under  sub-section  (1),  the
period  of  such  requisition  shall  not  extend  beyond  the  period  for  which
property  is  required  for  any  of  the  purposes  mentioned  in  that  sub-section.

1 These words were substituted for the word “Collector” by Mah. 41 of 1994, s. 127.
2 These words were substituted for the words “ Collector or an officer authorised by the Collector”
   by Mah. 41 of 1994, s. 128.

40

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

[1965 : Mah. XL

Explanation.—For the purpose of this section “premises” means any land,
building, or part of a building and includes a hut, shed or other structure or
any  part  thereof.

(5) Any person who contravenes any order made under this section shall,
on conviction, be punished with imprisonment for a term which may extend
to one year, or with fine, or with both.

Payment  of
compensation.

36.

(1) Whenever  in  pursuance  of  the  last  preceding  section,  the
requisitioning  authority  requisitions  any  premises,  or  any  vehicle,  vessel  or
animal,  the  Council  shall  pay  to  the  person  interested  compensation,  the
amount of which shall be determined by the requisitioning authority taking
into  consideration  the  following,  namely  :—

(a) in  the  case  of  premises—

(i) the  rent  payable  in  respect  of  the  premises  or  if  no  rent  is

payable, the rent payable for similar premises in the locality ;

(ii) if in consequence of the requisition of the premises the person
interested  is  compelled  to  change  his  residence  or  place  of  business,
the reasonable  expenses (if  any) incidental  to such  change;

(b) in  the  case  of  any  vehicle,  vessel  or  animal,  the  fares  or  rates
prevailing in the locality for the hire of such vehicle, vessel or animal.

(2) Any  person  interested  or  any  person,  who  claims  to  be  entitled  to
receive  compensation,  being  aggrieved  by  the  order  of  the  requisitioning
authority  as  to—

(i) the  amount  of  compensation  determined  ;  or

(ii) the  title  of  any  person  entitled  to  receive  compensation  ;  or

(iii) the apportionments of the amount of compensation among two
or  more  persons,  may,  within  one  month  from  the  receipt  of  the  order
under sub-section (1), or if the order is not addressed to him within one
month  from  the  date  of  the  order,  appeal  to  the  District  Court  and  the
decision of the District Court on such appeal shall be final.

Explanation.—For  the  purpose  of  this  section,  the  expression  “person

interested”  means,—

(a) in  the  case  of  premises,—

(i) the  person  who  was  in  actual  possession  of  the  premises

immediately  before  the  requisition  ;  or

(ii) when  no  person  was  in  actual  possession,  the  owner  of  such

premises;

(b) in  the  case  of  any  vehicle,  vessel  or  animal,  the  owner  thereof;

and

(c) any  other  person  who  is  entitled  to  receive  compensation  :

Provided that, where immediately before the requisitioning, any vehicle
or vessel was, by virtue of a hire-purchase agreement, in the possession of a
person  other  than  the  owner,  the  total  compensation  payable  in  respect  of
the  requisition  shall  be  apportioned  between  that  person  and  the  owner  in
such  manner  as  they  may  agree  upon  and  in  default  of  agreement  in  such
manner  as  the  requisitioning  authority  may  decide.

1965 : Mah. XL]

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

37.

(1) The requisitioning authority may, with a view to requisitioning
any property under section 35 or determining the compensation payable under
section  36 by  order, require  any person  to furnish  to such  authority as  may
be specified in the order such information in his possession relating to such
property  as  may  be  so  specified.

(2) If  any  person  to  whom  such  order  is  addressed  refuses  to  furnish
such  information  or  wilfully  furnishes  false  information,  he  shall,  on
conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to
three months, or with fine, or with both.

41

Power  to
obtain
information.

38.

(1) Any  person  remaining  in  possession  of  any  requisitioned
premises  in  contravention  of  any  order  made  under  section  35  may  be
summarily  evicted  from  the  premises  by  any  officer  empowered  by  the
requisitioning  authority  in  this  behalf.

Eviction from
requisitioned
premises.

Release  of
premises
from
requisition.

(2) Any  officer  so  empowered  may,  after  giving  to  any  woman  not
appearing in public reasonable warning and facility to withdraw, remove, or
open any lock or bolt or break open any door or any building or do any other
act  necessary  for  effecting  such  eviction.

39.

(1) When  any  premises  requisitioned  under  section  35  are  to  be
released  from  requisition,  the  possession  thereof  shall  be  delivered  to  the
person from whom possession was taken at the time when the premises were
requisitioned  or  if  there  were  no  such  person,  to  the  person  deemed  by  the
requisitioning authority to be the owner of such premises and such delivery
of possession shall be a full discharge of the requisitioning authority from all
liabilities  in  respect  of  such  delivery,  but  shall  not  prejudice  any  rights  in
respect of the premises which any other person may be entitled by due process
of law to enforce against the person to whom possession of the premises is so
delivered.

(2) Where the person to whom possession of any premises requisitioned
under section 35 is to be given under sub-section (1) cannot be found or is not
readily  ascertainable  or  has  no  agent  or  any  other  person  empowered  to
accept delivery on his behalf, the requisitioning authority shall cause a notice
declaring  that  such  premises  are  released  from  requisition  to  be  affixed  on
some conspicuous part of such premises and publish the notice in the Official
Gazette.

(3) When a notice referred to in sub-section (2) is published in the Official
Gazette, the  premises  specified  in  such  notice  shall  cease  to  be  subject  to
requisition on and from the date of such publication and be deemed to have
been  delivered  to  the  person  entitled  to  possession  thereof  and  the
requisitioning  authority  or  the  Council  shall  not  be  liable  for  any
compensation or other claim in respect of such premises for any period after
the said date.

1[(7) Duration  of  Council  and Term  of  Office  of  Councillors].

2[40.

(1) Every  Council,  unless  sooner  dissolved,  shall  continue  for  a
period of five years from the date appointed for its first meeting and no longer.

Duration   of
Council.

(2) A  Council  constituted  upon  the  dissolution  of  a  Council  before  the
expiration of its duration shall continue only for the remainder of the period
for which the dissolved Council would have continued under sub-section (1),
had it not been so dissoved.]

1 This sub-heading was substituted by Mah. 41 of 1994, s. 129.
2 Section 40 was substituted by Mah. 41 of 1994,  s.  130.

42

Term of office
of Councillors.

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

[1965 : Mah. XL

1[41.

(1) The term of office of the Councillors shall be co-terminus with

the  duration  of  the  Council.

(2) A  Councillor  may  resign  his  office  unconditionally  at  any  time  by
notice  in  writing  in  his  hand  addressed  to  the  Collector  and  delivered  in
person and sign before the Collector and then only such resignation shall be
effective.

Election  to
constitute
Council.

41A. An  election  to  constitute  a  Council  shall  be  completed,—

(a) before  the  expiry  of  its  duration  specified  in  sub-section  (1)  of

section 40;  or

(b) before the expiration of a period of six months from the date of

its  dissolution  :

Provided  that,  where  the  remainder  of  the  period  for  which  the
dissolved  Council  would  have  continued  is  less  than  six  months,  it
shall  not  be  necessary  to  hold  any  election  under  this  section  for
constituting  the  Council  for  such  period.]

Liability of
Councillors to
removal from
office.

42.

(1) The  State  Government  may  on  its  own  motion  or  on  the
recommendation  of  the  Council  remove  any  Councillor  from  office  if  such
Councillor has been guilty of any misconduct in the discharge of his duties or
of 2[any disgraceful conduct, during his current term of office or even during
his  immediately  preceding  term  of  office  as  a  Councillor.]

(2) The  State  Government  may  likewise  remove  any  Councillor  from
office, if such Councillor has in the opinion of the State Government become
incapable  of  performing  his  duties  as  a  Councillor.

3

*

*

*

*

*

* *

(3) No  resolution  recommending  the  removal  of  any  Councillor  for  the
purposes of sub-section (1) or (2) shall be passed by a Council and no order of
removal  shall  be  made  by  the  State  Government,  unless  the  Councillor  to
whom  it  relates  has  been  given  a  reasonable  opportunity  of  showing  cause
why such recommendation or order, as the case may be, should not be made.

(4) In  every  case  the  State  Government  makes  an  order  under  sub-
section  (1)  or  (2),  the  Councillor  shall  be  disqualified  from  becoming  a
Councillor, or a Councillor or member of any other local authority for a period
of five years from the date of such order.

Resignation
not to affect
subsequent
disqualification
of a Councillor.

43. Notwithstanding  that  a  Councillor  has  resigned  his  office  under
section 41, if he is subsequently found guilty under sub-section  (1) of section
42, the State Government may disqualify him from becoming a Councillor, or
a Councillor or member of any other local authority for a period of five years
from the date of its’ order :

Provided  that,  no  such  action  shall  be  taken  against  any  person
4 *   *   *   *   *   *   without giving him a reasonable opportunity of being
heard.

1 Sections 41 and 41A were substituted for section 41 by Mah. 41 of 1994, s. 31.
2 These words were substituted for the words “any disgraceful conduct” by Mah. 11
  of 1983, s. 3.
3 Proviso was deleted by Mah. 19 of 1981, s. 9.
4 The words “ after the expiry of one year from the date of his resignation ” were
  deleted by Mah.  11 of 1983, s. 4.

.

43

Disqualification
of Councillor
during his
term of office.

1965 : Mah. XL]

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

44.

(1) A  Councillor  shall  be  disqualified  to  hold  office  as  such,  if  at

any time during his term of office, he—

Mah.
XXXVII
of 1966.

(a) is or becomes subject to any of the disqualifications specified in
section 16 except the disqualification specified in clause (h) of sub-section
(1) of that section ; or

(b) as a Councillor or as a member of any committee of the Council
votes in favour of any matters in which he has directly or indirectly by
himself or his partner any such share or interest as is described in clauses
(a), (b), (c), (e) and (g) of sub-section (3) of section 16, whatever may be
the  value  of  such  share  or  interest  or  in  which  he  is  professionally
interested  on behalf  of  a  client, principal  or  other  person ;  or

(c) is professionally interested or engaged in any case for or against

the  Council;  or

(d) absents himself during six successive months from the meetings
of the Council, except with the leave  of absence granted by the Council
by  a  resolution  on  his  written  application  for  such  leave;  1[or]

2[(e)  has  constructed  or  constructs  by  himself,  his  spouse  or  his
dependent, any illegal or unauthorised structure violating the provisions
of this Act, or the Maharashtra Regional and Town Planning Act, 1966
or the rules or bye-laws framed under the said Acts ; or has directly or
indirectly  been  responsible  for,  or  helped  in  his  capacity  as  such
Councillor  in,  carrying  out  such  illegal  or  unauthorised  construction  or
has  by  written  communication  or  physically  obstructed  or  tried  to
obstruct  any  Competent  Authority  from  discharging  its  official  duty  in
demolishing  any  illegal  or  unauthorised  structure  ],

and  he  shall  be  disabled  subject  to  the  provisions  of  sub-section  (3)  from
continuing to be a Councillor and his office shall become vacant:

Provided  that—

(i) a  Councillor  shall  not  be  disqualified  under  clause  (c)  if  he  is
engaged  for  the  Council  without  receiving  any  remuneration  therefor
or  appears  and  conducts  his  own  case  in  a  court  of  law  or  before  any
authority  under  this  Act  against  the  Council  irrespective  of  whether
such  a  Councillor  is  a legal  practitioner  by  profession  or  not ;

(ii) for  the  purpose  of  clause  (d) when  the  Councillor  applies  for
leave, such leave shall be deemed to have been granted unless it is refused
within a period of sixty days from the date of his application.

(2) When  a  Councillor  whether  elected,3*    or  nominated  incurs  any  of
the disqualifications in sub-section (1), it shall be the duty of the Chief Officer
to submit a report to the Collector within one month of his becoming aware
of  the  disqualification  through  any  source  whatsoever.

(3) In  every  case  the  authority  to  decide  whether  a  vacancy  has  arisen
shall  be  the  Collector.  The  Collector  may  give  his  decision  on  receipt  of  the
report of the Chief Officer under sub-section (2), or on his own motion or on
an  application  made  to  him  by  a  voter  and  such  decision  shall  be
communicated  to  the  Councillor concerned,  the  Chief  Officer  and  the
applicant,  if  any.  Until  the  Collector  decides  that  a  vacancy  has  arisen  and
such  decision  is  communicated  as  provided  above,  the  Councillor  shall  not
be  deemed  to  have  ceased  to  hold  office.

1 This word was added by Mah. 11 of 2002, s. 44 (a).
2 This clause was added by Mah. 11 of 2002, s. 44 (b).
3 The word “Co-opted” was deleted by Mah. 41 of 1994,  s.  132 (a).

H 4109—8

44

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

[1965 : Mah. XL

Special
provisions
regarding
disqualification
for failure  to
pay  taxes due
to the Council.

(4) Any  person  aggrieved  by  the  decision  of  the  Collector  may  within  a
period of fifteen days from the date of receipt of the decision of the Collector
by him, appeal to the State Government and the orders passed by the State
Government  shall  be  final:

Provided  that,  no  order  shall  be  passed  under  sub-section  (3)  by  the
Collector or under sub-section (4) by the State Government in appeal, against
any  Councillor  without  giving  him  a  reasonable  opportunity  of  being  heard.

Explanation.—If any elected, 1*     * or nominated Councillor were subject
to any disqualification specified in section 16, at the time of his election, 2[or
nomination]  and  continues  to  be  so  disqualified,  the  disqualification  shall,
for the purposes of this section, be deemed to have been incurred during the
term for which he is elected, 1*      * or nominated.

45.

(1) The  Chief  Officer  shall  prepare  and  forward  to  the  Collector
by the 15th day of April, July, October and January every year a list of all the
Councillors (including the President and the Vice-President) who, on the 1st
day of April, July, October and January, respectively, immediately preceding,
have  failed  to  pay  any  tax  or  taxes  due  by  them  to  the  Council  within  two
months  from  the  date  on  which  such  tax  became  payable,  and  the  amount
due  from  each  by  way  of  each  such  tax.  A  copy  of  the  list  shall  be  placed
before the  Council at  its next  meeting.

(2) The  Chief  Officer  shall  also  issue  to  every  Councillor  included  in
such  list,  simultaneously  a  special  notice  in  the  prescribed  form  requiring
him to pay the amount of tax due from him within one month from the date of
the issue of such notice.

(3) The  Chief  Officer  shall  forward  to  the  Collector  by  the  last  day  of
May,  August,  November  and  February,  immediately  following,  a  statement
showing :—

(i) the name of each Councillor included in the list prepared under

sub-section  (1) ;

(ii) the amount of tax due from each such Councillor by way of each

such tax and the date on which it became payable ;

(iii) the  date  of  the  special  notice  issued  to  such  Councillor  under

sub-section (2); and

(iv) the amount of tax paid by the Councillor and the reasons for the

non-payment of the balance, if any.

(4) On receipt of the statement under sub-section (3), the Collector shall
issue a special notice to each Councillor who has failed to pay any tax by the
date  specified  in  the  notice  under  sub-section  (2),  calling  upon  him  to  state
within  one  month  from  the  date  of  the  special  notice  why  he  should  not  be
disqualified  and  his  office  declared  vacant.  If  the  Councillor  fails  to  give  an
explanation  to  the  satisfaction  of  the  Collector  for  the  non-payment  of  the
taxes,  the  Collector  shall  issue  an  order  disqualifying  such  Councillor  and
his  office  shall thereupon  be  vacant :

Provided  that,  neither  the  pecuniary  circumstances  of  the  Councillor
nor  the  fact  that  he  has  paid  the  arrears  after  the  notice  under  sub-section
(4) was received  by him shall be  a satisfactory explanation for  the purposes
of  this  sub-section.

1 The word “Co-opted” was deleted, by Mah. 41 of 1994, s. 132 (b)(i).
2 These words were substituted for the words “Co-option or nomination, as the case may

be” by Mah. 41 of 1994, s. 132 (b)(ii).

1965 : Mah. XL]

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

45

(5) Any person aggrieved by the decision of the Collector may, within a
period of fifteen days from the date of the receipt of the Collector’s order by
him,  appeal  to  the  State  Government,  and  the  orders  passed  by  the  State
Government in such appeal shall be final :

Provided  that,  no  such  appeal  shall  be  entertained  by  the  State
Government  unless  the  amount  of  tax  due  is  deposited  in  the  office  of  the
Council.

(6) Notwithstanding the fact that the Councillor so disqualified has since
the date of his disqualification paid such dues of his own accord or such dues
are  recovered  from  him  in  accordance  with  the  procedure  laid  down  by  or
under  this  Act,  such  Councillor  shall  be  disqualified  from  becoming  a
Councillor or a Councillor or member of any other local authority for a period
of five years from the date of such disqualification.

46. Nothing in the last preceding section shall be deemed to affect the
powers of the Council to recover the amount of tax due from any Councillor
in any other manner provided by or under this Act.

47. A person who ceases to be a Councillor for any reason whatsoever
shall ipso  facto vacate  all  the  offices  held  by  him  by  virtue  of  his  being  a
Councillor.

48.

(1) Where  a  vacancy  occurs  through  the  non-acceptance  of  office
by  any  elected 1*  or  nominated  Councillor  or  such  person  being  disqualified
for becoming or continuing to be a Councillor, or any election being set aside
under  the  provisions  of  section  21  or  the  death,  resignation,  removal  or
disability  of  a  Councillor  previous  to  the  expiry  of  his  term  of  office,  the
vacancy shall be filled by a by-election 2*    *  or nomination according as the
Councillor was elected 3*       * or nominated :

4[Provided that, no by-election  shall be held 2*     * or  nomination made
for  filling  of  a  casual  vacancy,  if  the  general  elections  are  due  to  be  held
within six months of the occurrence of the vacancy.]

(2) The Chief Officer shall report to the 5[State Election Commissioner]
every vacancy in the office of a Councillor within fifteen days of the occurrence
of  the  vacancy  or  within  fifteen  days  of  his  becoming  aware  of  the  vacancy,
whichever  is  later.

[48A. 6* * * ]

1 The word “, co-opted” was deleted by Mah. 41 of 1994, s. 133(a)(i).
2 The words “or co-option” were deleted by Mah. 41 of 1994, s. 133(a)(ii).
3 The words “or co-opted” were deleted by Mah. 41 of 1994,, s. 133(a)(iii).
4 This proviso was deemed to have been substituted on 6th May 1972 by Mah. 34 of 1972,

s. 2.

.

5 These words were substituted for the word “Collector” by Mah. 41 of 1994, s. 133(b).
6 Section 48A was deleted by Mah. 41 of 1994, s. 134.

H 4109—8a

Section 45
not to
affect
Council’s
other powers
for recovery
of taxes.

Councillor to
vacate all
offices if he
ceases to be
Councillor.

Casual
vacancies
how to be
filled up.

46

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

[1965 : Mah. XL

CHAPTER  III

DUTIES AND FUNCTIONS OF THE COUNCIL AND THE MUNICIPAL EXECUTIVE.

(1) Obligatory  duties  and  discretional  functions  of  the  Council.

Duties and
functions  of
the Council.

49.

(1) Except  as  otherwise  provided  in  this  Act,  the  municipal

Government of a municipal area shall vest in the Council.

(2) In addition to the duties imposed upon it by or under this Act or any
other law for the time being in force, it shall be the duty of every Council to
undertake and to make reasonable provision for the following matters within
the  limits  of  the  municipal  area,  and  when  effective  measures  cannot
otherwise be made then even outside the said limits, namely :—

(a) lighting  public  streets,  places  and  buildings;

1[(aa) planning  for  social  and  economic  development;

(ab) urban  forestry,  protection  of  the  environment  and  promotion

of  ecological  aspects  ;]

(b) watering  public  streets  and  places  ;

(c) cleansing  public  streets,  places  and  sewers,  and  all  spaces,  not
being  private  property,  which  are  open  to  the  enjoyment  of  the  public,
whether such spaces are vested in the Council or not removing noxious
vegetation and abating all public nuisances ;

2[(d) maintenance  of  a  fire-brigade  equipped  with  suitable
appliances  for  extinguishing  fires,  and  protection  of  life  and  property
when  fire  occur;]

(e) regulating or abating offensive or dangerous trades or practices;

(f) removing obstructions and protections in public streets or places
and  in  spaces,  not  being  private  property,  which  are  open  to  the
enjoyment of the public, whether such spaces are vested in the Council
or  in  Government;

(g) securing  or  removing  dangerous  buildings  or  places  and

reclaiming  unhealthy  localities;

(h) acquiring  and  maintaining,  changing  and  regulating  places  for

the disposal of the dead ;

(i) constructing,  altering  and  maintaining  public  streets,  culverts,
municipal boundary marks, markets, slaughter-houses, laterines, privies,
urinals, drains, sewers, drainage works, sewerage works, baths, washing
places, drinking fountains, tanks, wells, dams and the like ;

(j) obtaining a supply or an additional supply of water, proper and
sufficient  for  preventing  danger  to  the  health  of  the  inhabitants  from
the insufficiency or unwholesomeness of the existing supply, when such
supply or  aditional supply can  be obtained at  reasonable cost;

(k) naming streets and numbering of premises ;

(l) registering  births  and  deaths;

(m) public  vaccination  ;

(n) suitable  accommodation  for  any  calves,  cows,  or  buffaloes

required within the municipal area for the supply of animal lymph ;

1 Clauses (aa) and (ab) were inserted by Mah. 41 of 1994, s. 135 (a).
2 Clause (d) was substituted for the original by Mah. 26 of 1990, s. 2.

1965 : Mah. XL]

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

47

(o) establishing and maintaining public dispensaries, and providing
public  medical  relief  and  organising 1[family  planning  centres  and
promoting  population  control,  family  welfare  and  small  family  norms];

(p) establishing  and  maintaining  primary  schools  ;
(q) printing  such  annual  reports  on  the  municipal  administration
of  the  municipal  area  as  the  State  Government  by  general  or  special
orders  requires  the  Council  to  submit;

(r) erecting substantial boundary marks of such description and in
such  position  as  shall  be  approved  by  the  Collector,  defining  the  limits
or any alteration in the limits of the municipal area ;

2[(ra) converting  dry  latrines  in  the  municipal  area  into  wet

latrines ;]

(s) disposing of night-soil and rubbish and if so required by the State
Government,  preparation  of  compost  manure  from  such  night-soil  and
rubbish;

3[(s-1a) ensuring  that  no  person  shall  require  or  compel  any  other
person to carry, and no person shall carry, night-soil as a head-load for
removing  it  from  one  premises  or  place  to  any  other  premises  or  place,
or for disposal, in any part of the municipal area ;]

4[(sa) taking  such  measures  as  the  State  Government  may,  from
time to time, direct for improvement of the living and working conditions
of the sanitary staff of the Council;]

5[(sb) welfare measures for the Scheduled Castes, Scheduled Tribes,
Vimukta  Jatis and  Nomadic  Tribes,  who  are  residing  within  the  limits
of  the  municipal  area,  and  in  particular  taking  such  measures  for  the
amelioration of the conditions of these classes as the State Government
may, from time to time, direct;]

(t) providing special medical aid and accommodation for the sick in
time  of  dangerous  or  communicable  disease  and  taking  such  measures
as may be required to prevent the outbreak or to suppress and prevent
the  recurrence  of  such  disease;

(u) giving  relief  and  establishing  and  maintaining  relief  works  in
time of scarcity or for destitute persons within the limits of the municipal
area;

(v) imposing  compulsory  taxes  which  are  specified  in  section  105.
(3) A Council may, at its discretion provide, either wholly or partly, out

of  the  municipal  property  and  funds  for—

(a)  laying  out,  whether  in  areas  previously  built  upon  or  not,  new
public  streets,  and  acquiring  the  land  for  that  purpose,  and  the  land
required  for  the  construction  of  buildings  or  curtilages  thereof  to  abut
on  such  streets;

6[(aa) slum  improvement  and  upgradation  ;
(ab) urban  poverty  alleviation  ;
(ac) cattle  pounds  and  prevention  of  cruelty  to  animals  ;
(ad) regulation of  tanneries] ;

1 These words were substituted for the words “ Family Planning Centres ” by Mah. 18 of 1993,

s. 7(a).

2 Clause (ra) was inserted by Mah. 45 of 1975, s. 4(a).
3 Clause (s-1a) was inserted by Mah. 67 of 1981, s. 2.
4 Clause (sa) was inserted by Mah. 45 of 1975, s. 4(d).
s Clause (sb) was inserted by Mah. 9 of 1976, s. 3.
6 Clauses (aa), (ab), (ac) and (ad) were inserted by Mah. 41 of 1994, s. 135(b).

48

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

[1965 : Mah. XL

Bom.
XXII
of 1951.

(b) establishing or maintaining public hospitals, institutions for pre-
primary and secondary education, libraries, museums, lunatic asylums,
gymnasiums, akhadas, and  homes  for  disabled  and  destitute  persons,
and  constructing  and  maintaining  buildings  therefor,  along  with  such
other  public  buildings  like  town  halls,  municipal  offices,  shops,
dharamshalas, open  air  theatres,  stadia  and  rest-houses;

(c) laying  out  or  maintaining  public  parks  and  gardens,  and  also

planting and  maintaining road-side  and other  trees ;

(d) providing  music  for  the  people  ;

(e) taking  a  census,  and  granting  rewards  for  information  which

may  tend  to  secure  the correct  registration  of  vital  statistics  ;

(f) making a survey ;

(g) paying  the  salaries  and  allowances,  rent  and  other  charges
incidental to the maintenance of the Court of any stipendiary or honorary
Magistrate; or any portion of any such charges;

(h) arranging for the destruction or the detention and preservation
of  dogs  which  may  be  destroyed  or  detained  under  section  293  of  this
Act or under section 44 of the Bombay Police Act, 1951 ;

(i) securing  or  assisting  to  secure  suitable  places  for  the  carrying

on of the offensive trades specified in section 280 ;

(j) supplying,  constructing  and  maintaining,  in  accordance  with  a
general  system  approved  by  the  Director  of  Public  Health,  receptacles,
fittings,  pipes  and  other  appliances  whatsoever,  on  or  for  the  use  of
private  premises,  for  receiving  and  conducting  the  sewage  thereof  into
sewers  under  the  control  of  the  Council;

(k) the  acquisition  and  maintenance  of  grazing  grounds  ;  and  the

establishment and maintenance of dairy farms and breeding stud ;

(l) establishing  and  maintaining  a  farm  or  factory  for  the  disposal

of  sewage;

(m) the  construction,  maintenance,  management,  organisation  or
purchase of telephone lines, or for guaranteeing the payment of interest
on  money  expended  for  the  construction  of  a  telephone  line  subject  to
the previous  sanction of the  Director when  the line extends  beyond the
limits of the municipal area;

(n) promoting  the  well-being  of  municipal  employees  or  any  class

of  municipal  employees  and  of  their  dependent;

(o) providing accommodation for servants employed by the Council;

(p) the  construction  of  sanitary  dwellings  for  the  poorer  classes;

(q) the construction, purchase, organisation, maintenance, extension
and management of light railways, tramways, and mechanically propelled
transport  facilities  for  the  conveyance  of  the  public  ;

(r) the  construction,  maintenance,  repairs,  purchase  of  any  works

for the supply of electrical energy or gas ;

(s) making contributions to the funds of the Local Self-Government
Institute, Bombay, or any other organisation or institution in the State
which  deals  exclusively  with  Local  Self-Government  matters  in  urban
areas, and is recognised by the  State Government;

1965 : Mah. XL]

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

49

(t) making  contributions  towards  the  construction,  establishment
or  maintenance  of  educational  institutions  including  libraries  and
museums,  any  hospital,  dispensary  or  similar  institution  providing  for
public medical relief, or any other institution of a charitable nature ;

(u) giving grants or donations to privately run primary or secondary

schools  or  hostels  for  students;

(v) the  setting  up  of  dairies  or  farms  for  the  supply,  distribution
and processing of milk or milk products for the benefit of the inhabitants
of the municipal area;

1[(w) any  ceremony,  fair,  entertainment,  exhibition  or  public
reception  including  those  to  felicitate  meritorious  students  within  the
municipal area 2[within such limits of expenditure as may be prescribed]

*

3*
(x) any  other  measure  not  specified  in  sub-section  (2)  likely  to

* ;

promote  public  safety,  health  and  convenience.
(4) No suit for damages or for specific performance shall be maintainable
against  any  Council  or  any  Councillor  or  officer  or  servant  thereof  on  the
ground that any of the duties specified in sub-section (2) above have not been
performed.

(5) Every  Council  shall  also,  out  of  the  municipal  property  and  fund,
make  payments  at  such  rates  as  the  State  Government  may  from  time  to
time  by  general  or  special  order  specify  for  the  maintenance  and  treatment
either  in  the  municipal  area  or  at  any  asylum,  hospital  or  house,  whether
within or without such municipal area which the State Government declares
by  notification to  be  suitable  for such  purpose,—

V of
1898.

(a) of  lunatics,  not  being  persons  for  whose  confinement  an  order
under  Chapter  XXXIV  of  the  Code  of  Criminal  Procedure,  1898*,  is  in
force,  and

IV of
1912.

(b) of  leprosy  patients,

resident within or under any enactment for the time being in force removed
from the municipal area :

Provided  that,  the  Council  shall  not  be  liable  under  this  sub-section  for
the maintenance and treatment of any lunatic or leprosy patient in any such
asylum, hospital or house as aforesaid, unless such lunatic or leprosy patient,
immediately  previous  to  his  admission  thereto,  has  been  resident  in  the
municipal area for at least one year :

Provided further that, where an application is made to the High Court or
a District Court under the provisions of section 88 of the Indian Lunacy Act,
1912, no order, for the payment of the cost of maintenance of the lunatic by a
Council shall be made without an opportunity being given to such Council to
show  that  the  lunatic  has  an  estate  applicable  to  his  maintenance  or  that
there is a person legally bound, and having the means, to maintain him. The
officer in-charge of any asylum to which lunatics for whose maintenance and
treatment a Council is liable under this section are admitted shall maintain
a clear account of the cost of maintenance and treatment incurred on account
of each lunatic detained in the asylum and shall furnish a copy thereof to the
Council  on  application.

1 Clauses (w) was substituted for the original by Mah. 18 of 1993, s. 7(b).
2 These words were substituted for the words, letters and figures “if the total expenditure

during the year does not exceed Rs. 30,000, Rs. 20,000 and Rs. 10,000 in the case of A class,

    B class and C class Councils, respectively,” by Mah. 15 of 2012, s. 2(a).
3 Proviso was deleted by Mah. 15 of 2012, s. 2(b).
* Now see Code of Criminal Procedure, 1973 (II of 1974).

50

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

[1965 : Mah. XL

(6) If  any  Council  supplies  water  through  pipes,  it  shall  take  such  steps,
at  such  intervals,  and  on  payment  of  such  fees,  as  may  be  determined  by  a
general  or  special  order  made  by  the  State  Government,  to  ascertain  the
condition of the water so supplied, by inspection and analysis at a laboratory
approved by the State Government in that behalf :

Provided  that,  the  State  Government  may,  by  notification  in  the Official

Gazette, exempt  any  Council  from  this  provision.

(7) Where  a  Council  has  entered  into  any  arrangement  or  made  any
promise, purporting to bind it or its successors for a term of years or for an
unlimited  period  to  continue  to  any  educational  or  charitable  institution  a
yearly  contribution  from  the  municipal  property  or  fund,  it  shall  be  lawful
for the Council or its successors, with the sanction of the State Government
to  cancel  such  arrangement  or  promise,  or  to  discontinue,  or  to  diminish,
such  yearly  contribution,  provided  that  it  shall  have  given  at  least  twelve
months’ notice of its intention so to do to the manager, or managers of such
institution.

Performance
of functions by
agencies.

1[49A.  Where  any  duty  has  been  imposed  on,  or  any  function  has  been
assigned  to  a  Council  under  this  Act  or  any  other  law  for  the  time  being  in
force,  or  the  Council  has  been  entrusted  with  the  implementation  of  a
scheme,—

(i) the  Council  may  either  discharge  such  duties  or  perform  such

functions  or implement  such  schemes  by itself;  or

(ii) subject  to  such  directions  as  may  be  issued  and  the  terms  and
conditions  as  may  be  determined  by  the  State  Goverment,  cause  them  to
be  discharged,  performed,  or  implemented  by  any  agency  :

Provided  that  the  Council  may  also  specify  terms  and  conditions,  not  in-
consistent with the terms and conditions determined by the State Government
for  such  agency  arrangement.]

(2) Special  provisions  for  undertaking  Water  Supply  Scheme.

50.

(1) As soon as may be after the appointed day, but not later than one
year  from  such  day,  every  Council  shall  prepare  a  scheme  for  supply  of
protected drinking water to the inhabitants of its area, and shall, within five
years from such day, execute the scheme and make protected drinking water
available.

(2) The  scheme  shall  be  so  prepared  as  to  make  available  not  less  than
seventy litres of water per day per head of the population within the municipal
area.

(3) If  a  Council  finds  itself  unable  to  investigate,  to  prepare  plans  and
estimates  and  to  execute  the  scheme,  the  Council  may  apply  to  the  State
Government  for  assistance  within  four  months  from  the  appointed  day.

(4) The  terms  and  conditions  on  which  the  State  Government  shall
investigate,  prepare  plans  and  estimates  and  execute  the  scheme,  shall  be
prescribed by rules made in this behalf.

2*

*

*

1 Section 49A was inserted by Mah. 41 of 1994, s. 136.
2 Sub-sections (5) and (6) were deleted by Mah. 15 of 2012, s. 3.

Obligation to
prepare
Water
Supply
Scheme and
to make
sufficient
drinking
water
available
within
certain
period.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

51

(7) If  a  Council  does  not  apply  to  the  State  Government  for  assistance
under  sub-section  (3),  it  shall  be  presumed  that  the  Council  does  not  want
such assistance and will prepare and execute the scheme on its own.

(8) On  an  application  by  a  Council,  and  on  sufficient  and  satisfactory
reasons  being  shown,  the  State  Government  may  extend  the  time  limits
prescribed in sub-sections (1) and (3). If within the period prescribed in sub-
section  (1)  or  (3)  or  within  the  extended  period  (if  any),  a  Council  fails  to
prepare  or  execute  the  scheme,  it  shall  be  presumed  that  the  Council  has
committed  default  in  performance  of its  duty  under  this  Act.

1*

*

*

(10) The provisions of sub-sections (1), (2), (3) and (4) shall not apply to
any Council which on the appointed day is executing a scheme for supply of
protected  drinking  water  as  required  by  sub-section  (2).

(11) Nothing  in  this  section  shall  apply  to  any  Council  which  on  the

appointed day has in operation a scheme as required by sub-section (2).

(12) The  provisions  of  this  section  shall  apply  also  to  every  Council
constituted  after  the  appointed  day,  subject  to  the  modification  that  any
reference  to  the  appointed  day  therein  shall  be  construed  as  a  reference  to
the date  on which  such Council  is first  constituted.

(3) President  and  Vice-President.

2[51.

(1) Subject to the provisions of section 51-1A every Council shall
have a President who shall be elected by the elected Councillors from amongst
themeselves.

Election
of President.

(2) The Collector shall, within twenty-five days from the date on which
the  names  of  the  Councillors  elected  to  a  Council  are  published  or,  as  the
case may be, first published under sub-section (1) of section 19, in the Official
Gazette,  convene  a  special  meeting  of  the  Councillors  for  election  of  a
President :

Provided that, a meeting under this section shall not be held before the

expiry  of  the  term  of  office  of  the  outgoing  Councillors.

(3) The  meeting  called  under  sub-section  (2)  shall  be  presided  over  by
the Collector or such officer as the Collector may by order in writing appoint
in  this  behalf.  The  Collector  or  such  officer  shall,  when  presiding  over  such
meeting, have the same powers as the President of a Council when presiding
over a meeting of the Council has, but shall not have the right to vote :

Provided  that,  notwithstanding  anything  contained  in  this  Act  for
regulating  the  procedure  at  meetings  (including  the  quorum  required
thereat),  the  Collector  or  the  officer  presiding  over  such  meeting  may,  for
reasons which  in his opinion are  sufficient, refuse to adjourn  such meeting.

(4) Any  Councillor  aggrieved  by  any  decision  of  the  Collector  or  such
officer, accepting or rejecting any nomination paper, may, within forty-eight
hours  from  intimation  of  such  decision,  present  an  appeal    to  the  Regional
Director  of  Municipal  Administration  concerned  and  simultaneously  give
notice  of  such  appeal  to  the  Collector  or  such  officer.  Such  appeal  shall  be

1 Sub-section (9) was deleted by Mah. 15 of 2012, s. 3.
2 Section 51 was substituted by Mah. 31 of 2006, s. 4.

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[1965 : Mah. XL

disposed of by the Regional Director, as expeditiously as possible, after giving
a reasonable opportunity of being heard to the parties concerned. The decision
of the Regional Director on such appeal, and subject only to such decision (if
any), the decision of the Collector or such officer, as the case may be, accepting
or  rejecting  the  nomination  of  candidate  shall  be  final  and  conclusive  and
shall not be called in question in any Court.

(5) If,  in  the  election  of  the  President  there  is  an  equality  of  votes,  the
result of the election shall be decided by lots to be drawn in the presence of
the  Collector or  the  officer presiding  in  such manner  as  he may  determine.

(6) Any  dispute  regarding  election  of  the  President  shall  be  referred  to

the State Government whose decision in that behalf shall be final.

(7) After election of the President, the Council shall continue its meeting

for  the  purpose  of 1[electing  Vice-President].

2*

*

*

(9) If, there is a vacancy in the office of the President due to any reason
whatsoever, then for subsequent election of a President, the same procedure
as laid down in sub-sections (2) to (6) (both inclusive) shall apply except that
the  special  meeting  shall  be  called  by  the  Collector  within  twenty-five  days
from the date on which the vacancy occurs.]

3[(10) The  subsequent  election  to  the  post  of  the  President  after  expiry
of  the  first  term  of  the  two  and  a  half  years  of  the  President  elected  under
the  provisions  of  sub-section  (2),  shall  be  held  within  a  period  of  eight  days
prior  to  the  expiry  of  the  said  term  of  the  earlier  President :

Provided that, the newly elected President shall take charge on the last

day of the  term of the outgoing President or  next day thereafter.]

Reservation of
office of
President.

4[51-1A.

5[(1)] The  offices  of  the  President  shall  be  reserved  for  the
Scheduled Castes, the Scheduled Tribes, Women and the Backward Class of
Citizens  in  the  prescribed  manner.]

6[(2) Notwithstanding anything contained in the Maharashtra Municipal
Councils, Nagar  Panchayats (President  Election)  Rules,  1981,  the  roster
relating  to  the  reservation  of  the  offices  of  the  President  in  force  on  the
30th  April  1999,  shall  be  deemed  to  have  been  amended  to  provide  for  the
extended  tenure  of  the  President  as  specified  in  section  52.]

7[(3) Notwithstanding anything contained in the Maharashtra Municipal
Councils and Nagar Panchayats (President Election) Rules, 1981, the roster
relating  to  the  reservation  of  offices  of  the  President  in  force  on  the  date  of
commencement  of  the  Maharashtra  Municipal  Councils, Nagar  Panchayats
and  Industrial  Townships  (Second  Amendment)  Act,  2006,  shall  be  deemed
to have been amended to give effect to the provisions of the term of office of
the  President,  specified  in  section  52.]

Mah.
XLVIII
of 2006.

1 These words were substituted for the words “nominating councillors” by Mah. 36 of 2006, s.

2(a).

2 Sub-section (8) was deleted by Mah. 36 of 2006, s. 2(b).
3 Sub-section (10) was added by Mah. 15 of 2012, s. 4.
4 Section 51-1A was inserted by Mah. 41 of 1994, s. 138.
5 Existing section 51-1A was re-numbered as sub-section (1) thereof, by Mah. 2 of 2000, s. 2.
6 Sub-section (2) was added by Mah. 2 of 2000, s. 2.
7 Sub-section (3) was added by Mah. 48 of 2006, s. 2.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

53

1[51-1B. Every  person  desirous  of  contesting  election  to  the  office  of
the  President  reserved  for  the  Scheduled  Castes,  Scheduled  Tribes  or,  as
the  case  may  be,  Backward  Class  of  Citizens,  shall  be  required  to  submit,
alongwith  the nomination  paper,  Caste Certificate  issued  by the  Competent
Authority  and  the  Validity  Certificate  issued  by  the  Scrutiny  Committee  in
accordance  with  the  provisions  of  the  Maharashtra  Scheduled  Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward  Classes  and  Special  Backward  Category  (Regulation  of  Issuance
and  Verification  of)  Caste  Certificate  Act,  2000 :]

Person
contesting
election
for reserved
office of
President to
submit  Caste
Certificate
and Validity
Certificate.

Mah.
XXIII of
2001.

2[Provided that, for the elections for the post of President for which the
last date of filing of nomination falls on or 3[before the 31st December 2017],
in accordance with the election programme, a person who has applied to the
Scrutiny  Committee  for  the  verification  of  his  Caste  Certificate  before  the
date  of  filing  the  nomination  papers  but  who  has  not  received  the  Validity
Certificate  on  the  date  of  filing  of  the  nomination  papers  shall  submit,
alongwith  the  nomination  paper,—

(i) a  true  copy  of  the  application  preferred  by  him  to  the  Scrutiny
Committee for  issuance of the Validity  Certificate or any other  proof of
having made such application to  the Scrutiny Committee; and

(ii) an  undertaking  that,  he  shall  submit,  within  a  period  of  six
months  from  the  date  on  which  he  is  declared  elected,  the  Validity
Certificate  issued  by  the  Scrutiny  Committee :
Provided  further  that,  if  the  person  fails  to  produce  the  Validity
Certificate within a period of six months from the date on which he is declared
elected, his election shall be deemed to have been terminated retrospectively
and he shall be disqualified for being a President.]

4[51A.

(1) Every  Council  shall  have  a  Vice-President,  who  shall  be
elected  by  the  elected  Councillors  from  amongst  themselves 5[in  the  special
meeting  convened  under  sub-section  (2)  of  section  51].

Election
of Vice-
President.

(2) The meeting to elect the Vice-President presided over 6[* * *] by the
Collector  or  such  officer  as  the  Collector  may  nominate  specially  in  this  be-
half, but the Collector or such other officer shall have no right to vote :

Provided  that,  notwithstanding  anything  contained  in  this  Act  or  the
rules  made  thereunder,  for  regulating  the  procedure  at  meetings  (including
the quorum thereat), the President or, as the case may be, the officer, presiding
over such meeting may, for sufficient reasons to be recorded in writing, refuse
to adjourn  such meeting.

(3) If,  in  the  election  of  the  Vice-President,  there  is  equality  of  votes,
the result of the election shall be decided by 7[* * *] the officer presiding over
such meeting by drawing lots.

(4) The  name  of  the  Vice-Prisident  so  elected  shall  be  notified  by  the

Collector,  in  the Official  Gazette, within  fifteen  days  from  such  election.

(5) Any  dispute  regarding  the  election  of  the  Vice-President  shall  be

referred  to  the  State  Government,  whose  decision  thereon  shall  be  final.

1 Section 51-1B was inserted by Mah. 7 of 2009, s. 14.
2 These provisos were added by Mah. 31 of 2012, s. 3.
3 These words, figures and letters were substituted for the words, letters and figures “before

the 31st December 2013” by Mah. 13 of 2015, s. 7.

4 Section 51A was substituted by Mah. 17 of 2002, s. 2.
5 These words were substituted for the words “in the first general meeting convened under sub-

section (9) of section 51” by Mah. 36 of 2006, s.3 (a).

6 The words “by the President and is there no President then” were deleted by Mah. 36 of 2006,

s. 3 (b).

7 The words “the President or” were deleted by Mah. 36 of 2006, s. 3(c).

H 4109—9a

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[1965 : Mah. XL

(6) Subject to the provisions of section 55A and other provisions of this
Act, the Vice-President shall hold the office, for term of 1[two and half years]
from the  date of  his election.

2[(7) If  there  is  any  vacancy  in  the  office  of  the  Vice-President  for  any
reason whatsoever, the vacancy shall be filled up by following the procedure
prescribed  in  sub-sections  (1)  to  (3)  and  the  Vice-President  so  elected  shall
remain in office only for the remainder of the term, for which his predecessor
would have remained in office but for such vacancy.]

Nomination
of
Councillors.

3[51B. (1) The  Collector  shall,  within  seven  days  from  the  date  of
election of the President call a special meeting for the purpose of nominating
Councillors.

(2) The nomination of the Councillors under clause (b) of sub-section (1)

of section 9, shall be made in the prescribed manner.

(3) The  meeting  called  under  sub-section  (1)  shall  be  presided  over  by
the Collector or such officer as the Collector may by order in writing appoint
in this behalf. The Collector or such officer shall, when presiding over such
meeting, have the same powers as the President of a Council when presiding
over a meeting of the Council has, but shall not had the right to vote :

Provided  that,  notwithstanding  anything  contained  in  this  Act  for
regulating the procedure at meetings (including the quorum required thereat),
the  Collector  or  the  officer  presiding  over  such  meeting  may,    for  reasons
which in his opinion are sufficient, refuse to adjourn such meeting.]

Term of office
of President.

Resignation
of President.

Resignation
of Vice-
President.

Removal of
President by
Councillors.

4[52. The Term of office of the President shall be of two and half years :
Provided that, nothing in this section shall apply to the Presidents who
are  holding  the  office  of  Presidents    on  the  date  of  coming  into  force  of  the
Maharashtra  Municipal  Councils, Nagar  Panchayats  and  Industrial  Town-
ships  (Second  Amendment)  Act,  2006,  and  their  term  shall  be  co-terminus
with  the  term  of  their  respective  Councils.]

Mah.
XLVIII
of 2006.

53.

(1) The  President  may  resign  his  office  by  tendering  his  resigna-

tion  in  writing  to  the  Collector.

(2) Such  resignation  shall  take  effect  on  the  receipt  thereof  by  the

Collector.

5[54.

(1) The  Vice-President  may  resign  his  office  by  tendering  his

resignation  in  writing  to  the  President.

(2) Such  resignation  shall  take  effect  on  the  receipt  thereof  by  the

President.]

6[55.

7[(1) Notwithstanding  anything  contained  in  this  section,  after
the  coming  into  force  of  the  Maharashtra  Municipal  Corporation  and
Municipal  Councils  (Amendment)  and  Temporary  Provisions  for  Conduct  of
Elections of Municipal Corporations Act, 2001, a President shall cease to be
the  President  if  the  Councillors  by  a  resolution  passed  at  a  special  meeting
by  majority  not  less  than  three  fourths  of  the  total  number  of  Councillors
so  decides :

Mah.
VIII of
2001.

1 These words were substituted for the words “one year” by Mah. 48 of 2006, s.3 (a).
2 Sub-section (7) was substituted by Mah. 48 of 2006, s. 3 (b).
3 Section 51B was inserted by Mah. 36 of 2006, s. 4.
4 Section 52 was substiuted by Mah. 48 of 2006, s. 4.
5 Section 54 was substituted for the original by Mah. 47 of 1973, s. 14.
6 Sections 55 and 55A were substituted for section 55 by Mah. 19 of 1981, s. 11.
7 Sub-section (1) was substituted by Mah. 8 of 2002, s. 19.

1965 : Mah. XL]

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

55

1[Provided  that,  no  such  resolution  shall  be  moved  within  a  period  of

one year  from the  date of  the election  of the  President.]

(2) The  requisition  for  such  special  meeting  shall  be  signed  by  not  less
*  and  shall  be

than  one-half  of  the  total  number  of  Councillor’s
sent  to  the  Collector  :

2*

*

*

3[Provided  that  any  co-opted  Councillor  co-opted  on  the  Council  before
31st May 1994 shall not have the right to sign the requisition for the special
meeting and shall also have no right to vote at such special meeting.]

(3) The  Collector  shall,  within  ten  days  of  the  receipt  of  a  requisition

under sub-section (2), convene a special meeting of the Council :

Provided  that,  when  the  Collector  convenes  a  special  meeting,  he  shall

give  intimation  thereof  to  the  President.

(4) A  meeting  to  consider  a  resolution  under  sub-section  (1)  shall  be
presided over by the Collector or any other officer authorised by him in this
behalf, but the Collector or such other officer shall have no right to vote.

(5) The 4[nominated]  Councillors  present  at  any  meeting  mentioned  in
sub-section  (4) shall  have  no  right  to  vote  on  any  resolution  relating  to  the
removal  of  the  President.

5[(6) If the resolution seeking the removal of the President is not moved
or, as the case may be, rejected, in the special meeting convened for the purpose
under sub-section (3), no fresh resolution seeking the removal of the President
shall  be  brought  before  the  Council 6*

*.]]

*

7[55-1. Notwithstanding  anything  contained  in  any  other  provisions
of this Act, the provisions of section 55, as it existed on the date immediately
preceding  the  date  of  commencement  of  the  Maharashtra  Municipal
Councils, Nagar  Panchayats and  Industrial  Townships  (Amendment)
Act,  2006,  shall  continue  to  apply  for  the  removal  of  the  directly  elected
President  by  the  Councillors.]

Removal of
directly
elected
President by
Councillors.

Mah.
XXXI of
2006.

8[55-1A.

(1) A  Vice-President  shall  cease  to  be  the  Vice-President,  if
the Council by a resolution passed by a majority of not less than two-thirds of
the total number of the Councillors, at a special meeting, so decides :

Removal of
Vice-Presi-
dent by
Councillors.

Provided  that, no  such resolution  shall be  moved  within a  period of  six

months  from  the  date  of  election  of  the  Vice-President.

(2) The  requisition  for  such  special  meeting  shall  be  signed  by  not  less
than  one-half  of  the  total  number  of  Councillors  and  shall  be  sent  to  the
President,  and  the  President  shall,  within  ten  days  of  the  receipt  of  such
reqisition,  convene  a  special  meeting  of  the  Council,  where  the  nominated
Councillors  shall  have  no  right  to  vote.

1 The proviso was substituted by Mah. 48 of 2006 s. 5(i).
2 The brackets and the words “(excluding the co-opted Councillors)” were deleted by Mah. 41 of

1994, s. 141 (b).

3 This proviso was inserted by Mah. 41 of 1994, s. 141 (c).
4 This word was substituted for the word “co-opted” by Mah. 41 of 1994, 141(d).
5 Sub-section (6) was substituted by Mah. 6 of 2001, s. 2.
6 The words “within a period of one year from the date of the special meeting” were deleted by

Mah. 48 of 2006, s. 5 (ii).

7 Section 55-1 was inserted by Mah. 31 of 2006, s.6.
8 Section 55-1A was inserted by Mah. 17 of 2002, s. 3.

56

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(3) If the resolution seeking removal of the Vice-President is not moved
or  as  the  case  may  be,  rejected,  in  the  special  meeting  convened  for  the
purpose  under sub-section  (2),  no  fresh  resolution for  such  removal  shall  be
brought  during  the  tenure  of  such  Vice-President.]

Removal of
President and
Vice-
President by
Government.

55A. Without prejudice to the provisions of sections 1[55-1A] and 55, a
President  or  a  Vice-President  may  be  removed  from  office  by  the  State
Government  for  misconduct  in  the  discharge  of  his  duties,  or  for  neglect  of,
or  incapacity  to  perform,  his  duties  or  for  being  guilty  of  any  disgraceful
conduct, and the President or Vice-President so removed shall not be eligible
for re-election or re-appointment as President or Vice-President, as the case
may be, during the remainder of the term of office of the Councillors :

Disqualifica­
tion  for
continuing as
Councillor or
becoming
Councillor on
removal as
President or
Vice-
President.

Consequences
of absence  of
President  or
Vice-President
without leave.

Provided  that,  no  such  President  or  Vice-President  shall  be  removed
from office, unless he has been given a reasonable opportunity to furnish an
explanation.]

2  [55B. Notwithstanding  anything  contained  in  section  55A,  if  a
Councillor or a person is found to be guilty of misconduct in the discharge of
his official duties or being guilty of any disgraceful conduct while holding or
while  he  was  holding  the  office  of  the  President  or  Vice-President,  as  the
case may be, the State Government may,—

(a) disqualify  such  Councillor  to  continue  as  a  Councillor  for  the
remainder of his term of office as a Councillor and also for being elected
as a Councillor, till the period of six years has elapsed from the order of
such  disqualification ;

(b) disqualify  such  person for  being  elected  as  a Councillor  till  the
period of  six years has  elapsed from  the order of  such disqualification.]

56.

(1) Every  President  or  Vice-President  who  absents  himself  from

the  municipal  area—

(a) for a period exceeding three months at a time unless leave so to

absent himself has been granted by the Council, or

(b) for  an  aggregate  period  exceeding  six  months  during  a  year
whether or not leave for such absence has been granted by the Council,

shall cease to be President or Vice-President, as the case may be.

(2) Leave  under  clause  (a)  of  sub-section  (1)  shall  not  be  granted  for  a
period  exceeding  six  months  during  one  year.  Whenever  leave  is  granted  to
a  Vice-President, 3[the  President  shall  appoint,  within  seven  days  from  the
date  on  which  leave  is  granted,  another  elected  Councillor]  to  perform  all
the duties and exercise all the powers of the Vice-President, during the period
for which such leave is granted.

(3) In every case the authority competent to decide whether a President
or  a  Vice-President  has  ceased  to  be  President  or  Vice-President  under  this
section, shall be the Collector. The Collector may give his decision either on

1  This  word,  figures and  letter  were  substituted  for  the,  figures  and  letter  “51A”  by

Mah.  17 of 2002, s. 4.

2 This section was inserted by Mah. 11 of 1996, s, 12.
3 These words were substituted for the words “a Councillor shall be elected by the Councillors
from amongst their number” by Mah. 47 of 1973, s. 16.

1965 : Mah. XL]

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

57

an application made to him by any voter or on, his own motion. Such decision
shall  be  communicated  to  the  President  or  Vice-President  concerned,  the
Chief  Officer  and  the  applicant,  if  any.  Until  the  Collector  decides  that  a
vacancy  has  arisen  and  such  decision  is  communicated  as  provided  above,
the  President  or  Vice-President  shall  not  be  deemed  to  have  ceased  to  be
President  or  Vice-President,  as  the  case  may  be :

Provided  that,  no  order  shall  be  passed  by  the  Collector  against  any
President  or  Vice-President  under  this  section  without  giving  him  a
reasonable  opportunity  of  being  heard.

(4) Any person aggreived by the decision of the Collector may, within a
period of fifteen days from the date of communication of such decision, appeal
to the  State Government and  the decision of  the State Government  on such
appeal shall be final.

1[57.

(1) On  the  election  of  a  new  President,  the  retiring  President

shall hand over charge of his office to the new President.

(2) Every  President,  who  resigns  his  office  or  is  removed  from  office  or
ceases to be President for any reason other than election of a new President,
shall  hand  over  charge  of  his  office 2[to  the  Vice-President,  or  if  the  post  of
Vice-President  is  also  vacant  or  he  cannot  perform  his  duties  as  Vice-
President, for whatever reason, then to the Collector or other suitable officer
appointed  by  the  Collector  in  this  behalf.]

(3) Every Vice-President, who ceases to be Vice-President for any reason,
shall  hand  over  charge  of  his  office  to  the  President,  and  if  the  office  of  the
President is vacant, to the Collector or any officer appointed by the Collector
in this behalf.

(4) If any President or Vice-President refuses to hand over charge of his
office as required under sub-section (1), (2) or (3), the Collector may, by order
in  writing,  direct  him  to  hand  over  charge  of  his  office  and  all  papers  and
property  of  the  Council,  if  any,  in  his  possession  as  such  President  or  Vice-
President,  to  the  person  specified  in  sub-section  (1), (2) or (3), as  the  case
may  be,  and  such  President  or  Vice-President  shall  forthwith  comply  with
such  direction.

(5) If  any  President  or  Vice-President  to  whom  a  direction  has  been
issued under sub-section (4) does not comply with such direction, he shall on
conviction,  be  punished  with  simple  imprisonment  for  a  term  which  may
extend to one month, or with fine which may extend to two thousand rupees,
or with both.]

President or
Vice-
President  to
hand  over
charge.

58.

(1) Subject  to  the  provisions  of  this  Act  and  of  any  rules  and

by-laws  framed  thereunder,  the  President  of  a  Council  shall—

Functions   of
President.

(a) preside,  unless  prevented  by  reasonable  cause,  at  all  meetings

of the Council and regulate the conduct of business at such meetings ;

1 Section 57 was substituted for the original by Mah. 47 of 1973, s. 17.
2 This portion was substituted for the words beginning with the words “to the Collector”

and ending with the words “in this behalf.” by Mah. 15 of 2012, s. 5.

58

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

[1965 : Mah. XL

(b) watch  over  the  financial  and  executive  administration  of  the

Council;

1[***]

(c) perform  such  executive  functions  or  exercise  such  powers  as
are  conferred  upon  him  by  or  under  this  Act  or  any  other  law  for  the
time  being in  force;

(d) exercise  supervision  and  control  over  the  acts  and  proceedings
of 2[Chief Officer] of  the Council in matters  of executive administration
and in matters concerning the accounts and records of the Council; and

(e) furnish to the State Government or the Director or the Collector
or  any  other  Government  officer  authorised  by  the  State  Government
from time to time, such reports, returns or records as may be prescribed
by rules or as may be called for at any time by the State Government, the
Director,  the  Collector  or  such  officer.

(2)  The  President  may,  in  cases  of  emergency,  direct  the  execution  or
stoppage of any work or the doing of  any act which requires the sanction of
the Council and the immediate execution or doing of which is, in his opinion,
necessary  for  the  service  or  safety  of  the  public  and  may  direct  that  the
expenses  of  executing  such  work  or  doing  such  act  shall  be  paid  from  the
municipal fund :

Provided  that—

(a) he shall not act under this section in contravention of any order
of  the  Council  prohibiting  the  execution  of  any  particular  work  or  the
doing of any particular act; and

(b) he  shall  report  forthwith  the  action  taken  under  this  section
and the reasons therefor to the Standing Committee and the Council at
their  respective  next  meeting ;

3[(c) he shall not, while acting under sub-section (2),—

(i) appoint  any  new  employees  in  the  Council;

(ii) sanction  any  monetary  contribution  to  any  organisation  ;

(iii) allot any contract for works, which is of routine nature ;

(iv) sanction  sale  of  any  municipal  property,  increase  the  lease
period  of  any  property  or  acquire  any  new  properties  for  the  Council
by purchase or by lease; and that all these matters shall be regulated
strictly  in accordance  with the  provisions of  this Act  and the  rules.]

Functions   of
Vice-
President.

59.

(1) It shall  be the  duty of the  Vice-President of  a Council—

(a) in  the  absence  of  the  President  and  unless  prevented  by

reasonable  cause,  to  preside  at the  meetings  of  the  Council;

4*

*

*

*

*

*

*

*

*

1 Clause (bb) was deleted by Mah. 17 of 2002, s. 5.
2  These words were substituted for the words “all officers and servants” by Mah. 18 of 1993,

s. 9(a).

3 This clause was inserted by Mah. 18 of 1993, s. 9(b).
4 Clause (b) was deleted by Mah. 47 of 1973, s.  19.

1965 : Mah. XL]

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

59

(c) to exercise such of the powers and perform such of the duties of

the President as the President may from time to time depute to him ;

(d) during the absence of the President to exercise the powers and

to  perform  the  duties  of  the  President.

(2) The  Vice-President  shall  be  the ex-officio Chairman  of  such  one  of

the Subjects Committees, if any, as the Council may determine.

1[60.

In  the  event  of  the  offices  of  the  President  and  the  Vice-Presi-
dent  becoming  vacant  simultaneously  due  to  any  reason,  the  Chief  Officer
shall  report  to  the  Collector,  and  pending  the  election  of  a  new  President,
the powers and duties, of the President shall be exercised and performed by
the  Collector  or  such  other  officer  as  Collector  may  appoint  in  this  behalf
except  that  he  shall  have  no  right  to  vote.  Any  officer  appointed  by  the
Collector  shall  receive  such  remuneration  from  the  municipal  funds  as  the
Collector  may  determine.]

61.

2[(1) There  shall  be  paid  to  the  President  such  honoraria  and
allowances,  as  the  State  Government  may,  from  time  to  time,  by  an  order
determine.]

3[(2) A  Council  shall  pay  to  each  Councillor  including  the  President  a
meeting  allowance  for  attending  the  meetings  of  the  Council,  Standing
Committee, Subject Committee or Special Committee at such rate per meeting
as may be prescribed.].

Simultaneous
vacancy in the
offices of
President and
Vice-
President.

Honorarium
or sumptuary
allowance to
President and
meeting
allowance to
Councillors.

Explanation.—If  a  Councillor is  required  to  attend  more than  one  such
meeting on any day, he shall be entitled to draw the meeting allowance as if
he had attended only one meeting on that day.

(3) Notwithstanding anything contained in section 16 or 44, the receipt
by  any  person  of  any  honorarium,  sumptuary  allowance  or  meeting  allow-
ance  as  aforesaid  shall  not  disqualify  him  from  becoming,  or  continuing  as
Councillor.

(4) Committees.

62. For  every  ‘A’  and  ‘B’  Class  Councils,  there  shall  be  a  Standing

Committee  and  the  following 4[six]  Subjects  Committees  :—

(i) Public  Works  Committee,

(ii) 5[Education,  Sports  and  Cultural  Affairs]

(iii) Sanitation,  Medical  and  Public  Health  Committee,

(iv) Water  Supply  and  Drainage  Committee,

(v) Planning  and  Development  Committee,

6[(vi) Women  and  Child  Welfare  Committee.]

Appointment
of Standing
Committees
and Subjects
Committees
of ‘A’ and ‘B’
Class
Councils.

7[If any such Council has acquired or established a Transport Undertak-
ing, it may, with the previous approval of the State Government, appoint an
additional  Subjects Committee  by  the  name  of  Transport Committee.]

1 Section 60 was inserted by Mah. 19 of 1981, s. 12.
2 Sub-section (1) was substituted by Mah. 22 of 2007, s. 2.
3 Sub-section (2) was substituted by Mah. 15 of 2012, s. 6.
4 This word was substituted for the word “five” by Mah. 21 of 1992, s. 33(a).
5 These words were substituted for the word “Education” by Mah. 15 of 2012, s. 7.
6 This clause was inserted by Mah. 15 of 2012, s.33(b).
7 This portion was added by Mah. 14 of 1966, s. 3.

H 4109—10

60

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

[1965 : Mah. XL

Constitution
of Subjects
Committees
of ‘A’ and
‘B’ Class
Councils.

63.

(1) Each Subjects  Committee  of  the  Council  appointed  under  the
last preceding section shall consist of such number of Councillors as the Coun-
cil  may  determine,  so  however  that  the  number  of  members  of  a  Subjects
Committee  shall  not  be  less  than  one-fourth  or  more  than  one-third  of  the
total  number  of  Councillors  :

Provided  that,  in  so  determining  the  number  of  the  members  of  any

Subjects Committee, a fraction shall be ignored :

1[Provided  further  that,  on  the  Women  and  Child  Welfare  Committee,
not  less  than  seventy-five  per  cent.  of  the  members  shall  be  from  amongst
women  Councillors  :

Provided also that, the Chairperson and the Deputy Chiarperson on the
Women  and  Child  Welfare  Committee  shall  be  from  amongst  the  women
Councillor  members  thereof.

Explanation.—For the purpose of computing the number of members at

seventy-five per cent., fraction, if any, shall be rounded off to one.]

(2) 2[The  Collector  shall,  within  seven  days  of  the  election  of  the
President  under  section  51,]  call  a  special  meeting  of  the  Council  for  the
purpose  of,—

(a) determining  the  number  of  the  members  of  each  of  the 3*Sub-
ject  Committees  referred  to  in  the  last  preceding  section,  and  the  Sub-
jects Committee of which the Vice-President shall be the ex-officio Chair-
man, and

4[(b) nominating  Councillors  on  the  Subjects  Committees  in  accor-

dance with the provisions of sub-section (2B) : ]
Provided that, the President shall not be eligible for being a member of
any of the Subjects Committees 5[but he shall have the right to speak in, and
otherwise  to  take  part  in  the  proceedings  of,  any  Subjects  Committee,
except that  he shall not  be entitled to  vote thereat.]

6[(2A) 7[(i)] The  meeting  called  under  sub-section  (2)  shall  be  presided
over by the Collector or such officer as the Collector may by order in writing
appoint  in  this  behalf.  The  Collector  or  such  officer  shall,  when  presiding
over such meeting have the same powers as the President of a Council, when
presiding  over  a  meeting of  the  Council  has,  but  shall  not have  the  right  to
vote.

8[(ii) Notwithstanding anything contained in this Act, for regulating the
procedure at meetings (including the quorum thereat), the Collector or such
officer may, for reasons which in his opinion are sufficient, refuse to adjourn
the  meeting  convened  as  per  the  provisions  of  sub-section  (2),  after  it  was
once  cancelled  or  adjourned  for  want  of  quorum.]

9[(2B) In  nominating  the  Councillors,  the  Collector  shall  take  into
account  the  relative  strength  of  recognised  parties  or  registered  parties  or
groups  and  nominate  members,  as  nearly  as  may  be,  in  proportion  to  the
strength of such parties or groups in the Council, after consulting the leader
of each such party or group :

1 This provisios and the Explanation were inserted by Mah. 21 of 1992, s. 24.
2 This portion was substituted for the words “the President shall within seven days of his

election under section 51” by Mah. 11 of 1983, s. 6(a).
3 The word “five” was deleted by Mah. 14 of 1966, s. 4 (a).
4 Clause (b) was substituted by Mah. 36 of 2006, s. 5 (i).
5 These  words were substituted for the portion beginning with “but shall have the right’’ and

ending with “its deliberations” by Mah. 4 of 1974, s. 12(a).

6 Sub-sections (2A) and (2B) were inserted by Mah. 11 of 1983, s. 6(b).
7 Sub-section (2A) was renumbered as clause (i) thereof by Mah. 15 of 2012, s. 8.
8 Clause (ii) was added by Mah. 15 of 2012,
9 Sub-sections (2B) and (2C) were substituted for sub-section (2B), (3), (3A) and (3B) by Mah.

36 of 2006, s. 5(ii).

1965 : Mah. XL]

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

61

Mah.
XX of
1987.

1[Provided  that,  the  relative  strength  of  the  recognized  parties  or
registered  parties  or  groups  or aghadi  or  front  shall  be  calculated  by  first
dividing the total number of Councillors by the total strength of members of
the  Committee.  The  number  of  Councillors  of  the  recognized  parties  or
registered  parties  or  groups  or aghadi  or  front  shall  be  further  divided  by
the  quotient  of  this  division.  The  figures  so  arrived  at  shall  be  the  relative
strength  of  the  respective  recognized  parties  or  registered  parties  or  groups
or aghadi  or  front.  The  seats  shall  be  allotted  to  the  recognized  parties  or
registered parties or groups or aghadi or front by first considering the whole
number  of  their  respective  relative  strength  so  ascertained.  After  allotting
the seats in this manner, if one or more seats remain to be allotted, the same
shall  be  allotted  one  each  to  the  recognized  parties  or  registered  parties  or
groups or aghadi or  front in the descending  order of the fraction  number in
the respective relative strength starting from the highest fraction number in
the  relative  strength,  till  all  the  seats  are  allotted :]

Provided  further  that,  for  the  purpose  of  deciding  the  relative  strength
of  the  recognised  parties  or  registered  parties  or  groups  under  this  sub-
section,  the  recognised  parties  or  registered  parties  or  groups,  or  elected
Councillor  not  belonging  to  any  such  party  or  group  may,  notwithstanding
anything  contained  in  the  Maharashtra  Local  Authority  Members’
Disqualification Act, 1986, within a period of not more than one month from
the  date  of  notification  of  election  results,  form  the aghadi or  front  and,  on
its registration, the provisions of the said Act shall apply to the members of
such aghadi or front, as if it is a pre-poll aghadi or front.

(2C) If  any  question  arises  as  regards  the  number  of  Councillors  to  be
nominated  on  behalf  of  such  party  or  group,  the  decision  of  the  Collector
shall be final.]

(4) The Chairman of every Subjects Committee (other than the Subjects
Committee of which the Vice-President is to be the ex-officio Chairman) shall
be  elected  by  the  members  of  that  Committee  at  the  meeting  convened
under sub-section (2) :

Provided that, no Councillor shall be eligible to be the Chairman of more

than  one  Subjects  Committee.

64. The  Standing  Committee  referred  to  in  section  62 2[shall  be

constituted  as  under  :—]

(i) Chairman—President  of  the  Council.

(ii) Members—

(a) Chairman  of 3[all  Subject  Committees];

(b) three  members  from  amongst  the  Councillors 4[nominated]
in the same manner as prescribed for 5[nomination] of members of the
Subjects  Committees  :

Provided  that,  no  Councillor  who  is  already 4[nominated]  as  a  member
of more than one Subjects Committee, shall be eligible to be a member of the
Standing  Committee.

1 This proviso was substituted by Mah. 17 of 2012, s. 13.
2 These words were substituted for the words “shall consist of nine members as under :—” by Mah.

14 of 1966, s. 5(a).

3 These words were substituted for the words “the five Subjects Committees” by Mah. 14 of

1966, s.5(d).

4 This word was substituted for the word “elected” by Mah. 36 of 2006, s. 6(i).
5 This word was substituted for the word “election” by Mah. 36 of 2006, s. 6(ii).

H 4109—10a

Constitution
of Standing
Committees
of ‘A’ and ‘B’
Class Coun-
cils.

62

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

[1965 : Mah. XL

Standing and
Subjects
Committees
for ‘C’ Class
Councils.

65.

(1) Every  ‘C’  Class  Council  shall    appoint  a  Standing  Committee
and may appoint such Subjects Committees 1[(including a Women and Child
Welfare  Committee)]  as  it  may  deem,  necessary.

(2) The  Standing  Committee  shall  consist  of  such  number  of  members
as  the  Council  may  determine,  so  however  that  the  number  of  members  so
determined  shall  not  exceed  one-third  of  the  total  number  of  Councillors  :

Provided that, in so determing the number of the members of the Standing

Committee  a  fraction  shall  be  ignored.

(3) If  the  Council  decides  to  appoint  any  Subjects  Committee,  such
Committee  shall  consist  of  not  more  than  five  members,  as  it  may
determine.

2[(3A) Notwithstanding  anything  contained  in  sub-section  ( 3),  the
Women  and  Child  Welfare  Committee  shall  consist  of  such  number  of
members  as  the  Council  may  determine,  so  however  that  the  number  of
members  so  determined  shall  not  exceed  one-fourth  of  the  total  number  of
Councillors  :

Provided  that,  on  the  said  Committee,  not  less  than  seventy-five  per

cent. of the members shall be from amongst women Councillors :

Provided further that, the Chairperson and the Deputy Chairperson on
the Women and Child Welfare Committee shall be from amongst the Women
Councillor  members  thereof.

Explanation.—For the purpose of computing the number of members at

seventy-five per cent. fraction, if any, shall be rounded off to one.]

(4) 3[The  Collector  shall,  within  seven  days  of  the  election  of  the
President  under  section  51]  call  a  special  meeting  of  the  Council  for  the
purpose  of,—

(a) determining the number of members of the Standing Committee;
(b) determining  the  Subjects  Committee  or  Committees,  if  any,  to
be appointed, and the number of members of each such Committee, and
if  more  than  one  such  Committee  are  to  be  appointed,  the  Subject
Committee of which the Vice-President shall be the ex-officio Chairman;
(c) 4[nominating  members  on  the  Standing  Committee  and  the
Subjects Committee  or Committees, if any,  in the manner laid  down in
clause (b) of sub-section (2) of section 63 :
5[Provided that, the President shall not be eligible for being a member of
any of the Subjects Committees, but he shall have the right to speak in, and
otherwise  to  take  part  in  the  proceedings  of,  any  Subjects  Committee,
except that  he shall not  be entitled to  vote thereat.]

6[(4A) The  meeting  called  under  sub-section  (4)  shall  be  presided  over
by  the  Collector  or  such  officer  as  the  Collector  may  by  order  in  writing
appoint  in  this  behalf.  The  Collector  or  such  officer  shall,  when  presiding
over such meeting have the same powers as the President of a Council, when
presiding  over  a  meeting of  the  Council  has,  but  shall  not have  the  right  to
vote.

(4B) Any  Councillor  aggrieved  by  any  decision  of  the  Collector  or  such
officer  accepting  or  rejecting  any  nomination  paper,  may,  within  forty-eight

1 These brackets and words were inserted by Mah. 21 of 1992, s. 25(a).
2 This sub-section was inserted by Mah. 21 of 1992, s. 25 (b).
3 This portion was substituted for the words and figures “The President shall, within seven

days of his election as President under section 51” by Mah. 11 of 1983, s. 7 (a).

4 These words were substituted for the words “holding elections to” by Mah. 36 of 2006, s. 7.
5 This proviso was added by Mah. 4 of 1974, s. 13 (a).
6 Sub-section (4A) and (4B) were inserted by Mah. 11 of 1983, s. 7(b).

1965 : Mah. XL]

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

63

hours  from  intimation  of  such  decision,  present  an  appeal  to  the  Regional
Director  of  Municipal  Administration  concerned  and  simultaneously  give
notice  of  such  appeal  to  the  Collector  or  such  officer.  Such  appeal  shall  be
disposed of by the Regional Director, as expeditiously as possible, after giving
reasonable opportunity of being heard to the parties concerned. The decision
of the Regional Director on such appeal and subject only to such decision  (if
any) the decision of the Collector or such officer,  as the case may be accepting
or rejecting the nomination of a candidate, shall be final and conclusive and
shall not be called in question in any Court.]

(5) If  more  than  one  Subjects  Committee  are  to  be  appointed,  the
Chairman  of  the  Subjects  Committee,  other  than  that  of  which  the  Vice-
President  is  to  be  the ex-officio Chairman,  shall  be  elected  by  the  members
thereof,  at  the  meeting  convened  under  sub-section  (4).

66. The  Standing  Committee  referred  to  in  sub-section  (1)  of  the  last

preceding  section  shall  consist  of—

(a) the President of the Council as the Chairman ;

(b) the Chairman or Chairmen of the Subjects Committees, if any,
appointed  under  clause  (b)  of  sub-section  (4) of  that  section  ;  and  if  no
such Subjects Committee is appointed the Vice-President, as the member
or members ; and

1[(c) such other members nominated by the Collector, in the manner
laid  down  in  sub-section  (2B)  of  section  63,  so  however  that  the  total
members  of  the  Standing  Committee  shall  not  exceed  the  number
determined under clause (a) of sub-section (4) of the said section :

Constitution
of Standing
Committee of
‘C’ Class
Councils.

Provided  that,  no  Councillor  shall  be  eligible  to  be  a  member  of  the
Standing  Committee,  if  he  is  already  nominated  as  a  member  of  more  than
one  Subjects  Committee.]

2[66A.

(1) Where  the  population  of  a  municipal  area  is  above  three
lakhs  there  shall  be  constituted  three  Wards  Committees  each  comprising
such  contiguous electoral  wards as  may  be decided  by the  Council.

Constitution
of Wards
Committees.

(2) Each  Wards  Committee  shall  consist  of—

(a) the  Councillors  representing  the  wards  within  the  territorial

area of the Wards Committee ;

(b) the  officer-in-charge  of  the  territorial  area  of  the  Wards

Committee ;

(c) such number of other members, not exceeding three, nominated
by the Councillors referred to in clause (a), from amongst the members
of  recognised  Non-Government  Organisations  and  community  based
organisations  engaged  in  social  welfare  activities  working  within  the
area of the Wards Committee :

Provided  that,  such  persons  are  registered  as  electors  in  the  wards

within  the  jurisdiction  of  the  Wards  Committee  :

Provided further that, the norms for recognition of the Non-Government
Organisations, the requisite qualification for nomination as members and
the manner in which they are to be nominated shall be such as the State
Government  may  prescribe.

1 Clause (c) was substituted by Mah. 36 of 2006, s. 8.
2 Section 66A was inserted by Mah. 41 of 1994, s. 143.

64

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

[1965 : Mah. XL

(3) The duration of the Wards Committee shall be co-terminus with the

duration  of  the  Council.

(4) The  elected  Councillors  referred  to  in  clause  (a)  of  sub-section  (2)
shall at the first meeting of the Wards Committee in each official year, elect
from  amongst  themselves  the  Chairperson  who  shall  hold  office  until  the
first  meeting  in  the  next  following  official  year.

(5) The  Chairperson  of  the  Wards  Committee  shall  be  deemed  to  have

vacated the office as soon as he  ceases to be a Councillor.

(6) In the event of the office of the Chairperson falling vacant before the

expiry of its term,  the Wards Committee shall elect a  new Chairperson :

Provided  that,  the  Chairperson  so  elected  shall  hold  office  so  long  only
as  the  Chairperson  in  whose  place  he  is  elected  would  have  held  office  if
such  vacancy  had  not  occurred.

(7) The  functions  of  the  Wards  Committee  shall,  subject  to  the  general

supervision  and  control  of  the  Council,  be—

(a) the speedy redressal of common grievances of citizens connected
with local and essential municipal services like water supply, drainage,
sanitation and storm  water disposal ;

(b) to  consider  and  make  recommendations  on  the  proposals
regarding  estimates  of  expenditure  pertaining  to  the  wards  under
different  heads  of  account  of  the  budget  before  being  forwarded  to  the
President  ;

(c) to  grant  administrative  approval  and  financial  sanction  to  the
plans or municipal works to be carried out within the territorial area of
the  Wards  Committee  costing  upto  rupees  twenty  thousand  provided
that    specific  provision  exists  therefor  in  the  budget  sanctioned  by  the
Council.

(8) Notwithstanding anything contained in sub-section (7),  the Council
may,  by  resolution,  delegate  to  a  Wards  Committee  such  other  powers,
authority and functions as it may deem fit and expedient.

(9) The  Wards  Committee  shall  meet  at  least  once  in  every  month  at

the  ward  office.]

67. A  Council  may  from  time  to  time  appoint  Special  Committees
consisting  of  such  Councillors  and  for  such  duration  as  it  may  determine,
and  may  refer  to  such  Committees,  such  special  subject  or  matters  relating
to the purposes of this Act, for opinion or inquiry and report, as the Council
may  think  fit.  The  Council  may  at  any  time  discontinue  or  alter  the
constitution of any such Committee. Such Committee may be directed by the
Council  to  submit  its  report  or  opinion,  either  to  the  Council,  the  Standing
Committee or  any of  its Subjects  Committees.

1[Where  the  President  is  not  a  member  of  any  Special  Committee,  he
shall  have  the  right  to  speak  in  and  otherwise  to  take  part  in  the  proceed-
ings of that Committee, except that he shall not be entitled to vote thereat.]

Special
Committees.

Term of office
of Chairman
and members
of Standing
and Subjects
Committees.

68.

(1) The term of office of the Chairman of the Standing Committee

shall be co-terminus with his term of office as President.

(2) The term of office of the Chairman of a Subject Committee of which
the  Vice-President  is  the    ex-officio  Chairman  shall  be  co-terminus  with  his
term  of  office  as  Vice-President.

1 This portion was added by Mah. 4 of 1974, s. 14.

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and Industrial Townships Act, 1965

65

*(3) The  term  of  office  of  the  Chairman  of  other  Subjects  Committees
and of the members of the Standing Committee and all Subjects Committees
shall be one year or for the residue of their term as Councillors, whichever is
less, but each of them shall be eligible for re-election :

Provided that, if any such Chairman absents himself from the municipal
area for an aggregate period exceeding six months during the year, whether
with or without leave of the Council, he shall cease to be the Chairman.

69. A vacancy occurring in any committee of a council due to any reason
whatsoever, shall, as soon as possible, be filled up by the election of a member
thereto,  subject  to  the  same  provisions  as  those  under  which  the  member
whose place  is to be  filled up,  was elected.

Casual
vacancies in
Committees
of the Council.

70. Each  Council  shall  make  by-laws  to  provide  for  the  following

matters :—

(a) allotment of subjects to the Standing Committee and the Subjects

Committees  (if  any):

Provided  that, 1[the  subject  of  finance  and  welfare  of  conservancy
staff  and  where  a  Transport  Committee  is  not  appointed  the  subject  of

Functions and
powers of
Standing
Committees
and Subjects
Committees.

* Section 26 of Mah. 21 of 1992, reads as under :—

“ 26. Where, by virtue of the amendments made to the relevant municipal law whereby the
number of member on various committees of the Municipal Corporation or, as the case may be, the
Municipal Council has been increased, arrangements shall, as soon as may be practicable, be
made  to  reconstitute  the  committees  with  the  increased  number  of  its  members,  and
notwithstanding anything contained in the relevant municipal law,—

Reconstitution
of
Committees.

(a) the term of office of the members who come to hold office as such members against the
increased number of members on the committee shall expire with the expiry of term of office of
the members holding office as such member on the committee on the date of its reconstitution
as aforesaid ;

(b) no act or proceeding of any committee shall be deemed to be invalid at any time merely
on the ground that no members against the increased seats were available to take office during
the period from the date of commencement of this Act and ending on the date of reconstitution
of the committee ; and

(c) the validity of such act or proceeding shall not be questioned in any court or before any

authority or officer merely on the ground aforesaid.

Explanation.—The expression “ relevant municipal law ”,—

(a) in  relation  to  the  Municipal  Corporation  of  Greater  Bombay  means,  the  Bombay

Municipal Corporation Act ;

(b) in  relation  to  the  Corporation  of  the  City  of  Nagpur  means,  the  City  of  Nagpur

Corporation Act, 1948 ;

(c) in relation  to the Municipal  Corporation of any  other City  means, the Bombay

Provincial Municipal Corporations Act, 1949 ;

**(d) in relation to a Municipal Council means, the Maharashtra Municipalities Act,

1965.”.

1 This portion was substituted for the words “ the subjects of transport undertaking, finance
and welfare of conservancy staff shall be allotted to the Standing Committee” by Mah. 14 of
1966, s. 6.

** Now the Maharashtra Municipal Councils, Nagpur Panchayats and Industrial Townships
Act, 1965.

Bom. III
of 1888.

C.P. and
Berar II
of 1950.

Bom.
LIX of
1949.

Mah. XL
of 1965.

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[1965 : Mah. XL

transport undertaking also, shall be alloted to the Standing  Committee,]
and  the  subjects  of  fairs  and  pilgrims  to  the  Sanitation,  Medical  and
Public  Health  Committee,  and  where  such  Committee  is  not  appointed
to  the  Standing  Committee ;

(b) extent of powers of the Council under this Act or any other law
for  the  time  being  in  force  to  be  exercised  by  the  Standing  Committee,
and  the  Subjects  Committee  (if  any),  in  respect  of  the  subjects  allotted
to  such  Committees.

71. Notwithstanding  the  provisions  of  section  322,  the  by-laws  made
in accordance with the last preceding section shall be subject to the previous
approval  of  the  Director  also.

1[71A.

If  for  any  reason  the  Standing  Committee  or  any  Subjects
Committee  is  unable  to  exercise  any  powers  or  to  perform  any  duties  and
functions  conferred  or  imposed  on  it  by  or  under  this  Act,  the  Council  may,
with  the  previous  sanction  of  the  Director,  exercise  such  powers  or  perform
such duties and functions or may, with like sanction, appoint a Special Subjects
Committee  and  direct  that  the  powers  and  duties  and  functions  of  the
Standing Committee or the Subjects Committee, as the case may be, shall be
exercised  or  performed  by  such  Special  Subjects  Committee.]

2[72. The powers of financial sanction of the Standing Committees and
the  Subjects  Committees  of  different  classes  of  municipal  councils  shall  not
exceed  such  limits as  may  be  prescribed :

Provided that, the Standing Committee or the Council shall not sanction
any project or scheme involving construction such as a road, bridge, building
or  water  supply  or  drainage  scheme  costing  over  such  amount  as  may  be
prescribed,  unless  prior  technical  sanction  therefor  is  obtained  from  such
officer  of  the  State  Engineering  Service,  as  the  State  Government  may
designate ;  or  where  the  Council  has  appointed  a  Municipal  Engineer  or  a
Water  Works  Engineer  referred  to  in  sub-section  (2)  of  section  75  and  such
Engineer is recognized by the State Government in this behalf, unless prior
technical  approval  therefor  is  obtained  from  such  Engineer.]

73.

(1) All  Subjects  Committees  shall  be  subordinate  to  the  Standing

Committee  in  addition  to  the  Council.

(2) The  Standing  Committee  shall  be  subordinate  to  the  Council.

(3) The  Subjects  Committees  shall  report  all  their  decisions  as  soon  as

may be to the Standing Committee for information.

1 Section 71A was inserted by Mah. 45 of 1975, s. 5.
2 Section 72 was substituted by Mah. 15 of 2012, s. 9.

By-laws under
section 70
subject to
Director’s
previous
approval.

Powers  and
functions  of
Standing
Committee or
Special
Committee  to
be
exercised  or
performed  by
Council  or
Special
Subjects
Committee, if
necessary.

Limits of
powers of
Committees
and Council
in respect of
financial
sanction.

Subordina-
tion of
Committees
to Council.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

67

(4) The  Standing  Committee  shall  report  as  soon  as  may  be  all  its
decisions, including its decision on the decisions of the Subjects Committees,
to  the  Council,  for  its  information.

(5) If the directions of the Council to a Subjects Committee conflict with
the  directions  of  the  Standing  Committee  to  that  Subjects  Committee,  the
directions  of  the  Council  shall  in  all  cases  prevail.

CHAPTER  IV

DIRECTOR OF MUNICIPAL ADMINISTRATION AND COLLECTOR.

74.

(1) The  State  Government  shall  by  notification  in  the Official
Gazette, appoint a Director of Municipal Administration. His jurisdiction shall
extend  to  the  entire  State.  The  State  Government  may,  by  like  notification
appoint  Regional  Directors  of  Municipal  Administration,  who  shall  have
jurisdiction over such area of the State as the State Government may, from
time  to  time,  specify.

(2) The  Director,  and  the  Collector  of  each  district,  shall  exercise  such
powers and perform such duties as are conferred and imposed upon them by
this  Act  or  any  rule  made  thereunder.  The  State  Government  may,  by
notification  in  the Official  Gazette, direct  that  any  power  (except  the  power
to make rules) or duty which by this Act or by any rule made thereunder is
conferred  or  imposed  upon  it  shall,  in  such  circumstances  and  under  such
conditions, if any, as may be specified, be exercised or performed also by the
Director  or  the  Collector.

(3) Each  Regional  Director,  and  each  Assistant  and  Deputy  Collector,
shall  within  his  respective  jurisdiction  be  competent  to  exercise  any  of  the
powers  and  to  perform  any  of  the  duties  conferred  and  imposed  upon,  or
delegated  to,  the  Director  and  the  Collector,  respectively  :

Provided  that,  the  Director  or,  as  the  case  may  be,  the  Collector,  may,
subject  to  the  general  or  special  orders  of  the  State  Government  reserve  to
himself such powers and duties as he may, by order, specify in this behalf.

(4) In exercising their powers and performing their duties, the Regional
Director  and  the  Assistant  and  Deputy  Collectors  shall  be  subject  to  the
control  and  supervision  of  the  Director  and  the  Collector,  respectively.

Appointment
of  Director
and  Regional
Directors  of
Municipal
Administration
and  their
powers  and
the  powers of
the Collector.

CHAPTER  V

PROVISIONS REGARDING OFFICERS AND SERVANTS.

75.

(1) There  shall  be  a  Chief  Officer  for  every  Council.

1[(1A) The  State  Government  may  create  a  post  of  Additional  Chief
Officer in A-Class Municipal Councils and appoint a suitable person on that
post, who shall, subject to the control of the Chief Officer, exercise all or any
of the powers and perform all or any of the duties and functions of the Chief
Officer,  as  may  be  specified  by  the  Collector.

(1B) Every  person  so  appointed  as  an  Additional  Chief  Officer  shall  be
subject to the same liabilities, restrictions and terms and conditions of service
which the Chief Officer is subjected to as per the provisions of this Act.]

Appointment
of Chief
Officer,
Engineer,
Water Works
Engineer,
Health
Officer,
Auditor,
2[Education
Officer and
Fire Officer]
and certain
other officers.

1 Sub-sections (1A) and (1B) were inserted by Mah. 15 of 2012, s. 10(a).
2 These words were substituted for the words “and Education Officer” by Mah. 26 of 1990, s. 3(b).

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[1965 : Mah. XL

(2) A Council may, with the sanction of the Director, and if so required
by  the  State  Government,  shall  create  all  or  any  of  the  following  posts,
namely :—

(i) a  Municipal  Engineer ;

(ii) a  Water  Works  Engineer ;

(iii) a  Municipal  Health  Officer ;

(iv) a  Municipal  Auditor ;

(v) a  Municipal  Education  Officer ;

1[(va) Municipal  Fire  Officer ;]

Constitution
of
Maharashtra
Municipal
Services and
provisions
relating
thereto.

2[(vi) an  Assessor  and  Collector  of  Taxes ;]

3[(vii)] any  other  Officer  as  may  be  designated  by  the  State

Government  in  this  behalf.

(3) 4[Subject  to  the  provisions  of  section  75A,  the  qualifications],  pay,
allowances and other conditions of service and the method of recruitment of
the officers specified in 5[sub-sections (1) and (1A) and (2)] shall be regulated
by rules made by the State Government in this behalf.

(4) Subject  to  the  provisions  of 6[section  75A],  the  power  of  making
appointment to the posts specified in sub-sections (1) and (2) shall vest in the
Council.

7*

*

*

*

*

8[75A.

(1) If the State Government considers it necessary or expedient
for the purpose of bringing about a more efficient service of officers of Councils
with  uniform terms  and  conditions of  service  to carry  out  the functions  and
duties  by  or  under  this  Act,  the  State  Government  may,  notwithstanding
anything contained in this Act, by notification in the Official Gazette,—

(a) constitute  in  respect  of  all  Councils,  or  any  class  of  municipal
areas, a municipal service or services (to be called by such designations
as may be specified in the notification) of,—

(i) 9[Chief Officers and Additional Chief Officers] of such Councils,

and

(ii) all or  any of  the other  officers, specified  in sub-section  (2)  of
section 75 whose minimum salary (exclusive of allowances) is not less
than Rs. 225 per month ;

1 This clause was inserted by Mah. 26 of 1990, s. 3(a).
2 This clause was inserted by Mah. 18 of 1993, s. 12(a).
3 This clause was renumbered, ibid., s. 12(b).
4 These words were substituted for the words “ The qualifications ” by Mah. 38 of 1971, s. 2(1).
5 These words, figures, brackets and letter were substituted for the words, figures and brackets

“sub-sections (1) and (2)” by Mah. 15 of 2012, s. 10(b).

6 This was substituted for “ sub-sections (5) and (6) ” by Mah. 38 of 1971, s. 2(2).
7 Sub-sections (5), (6) and (7) were deleted by Mah. 38 of 1971, s. 2(3).
8 Section 75A was inserted by Mah. 38 of 1971, s. 3.
9 These words were substituted for the words “ Chief Officers ” by Mah. 15 of 2012, s. 11.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

69

(b) direct from time to time that each such municipal service shall
consist of such classes, cadres and posts (including grades of posts) and
the  initial  strength  of  officers  in  each  such  classes  or  cadres  shall  be
such, as may be specified in the notification, and

(c) further  direct  that  the  officers  included  in  any  such  classes  of
cadres  shall  belong  to  such  service  of  the  State  Government  as  may  be
specified  in  the  notification.

(2) The  State  Government  may  make  rules  for  regulating  the  mode  of
recruitment  by  holding  examinations  or  otherwise;  including  provision  for
the  absorption  of  persons  already  working  under  any  Council  in  municipal
services  constituted  under  this  section  or  otherwise  and  providing  for
terminal benefits as compensation, pension or gratuity or the like, to persons
who elect not to be absorbed or cannot be absorbed or who elect to retire, and
the conditions of service of persons appointed or absorbed, to such municipal
services  and  in  respect  of  persons  appointed  or  absorbed  in  such  municipal
services constituted under this section the provisions of section 79 shall cease
to apply :

Provided  that,  such  cessor  shall  not,  in  relation  to  absorbed  officers,
affect  the  previous  operation  of  section  79  in  respect  of  anything  done  or
omitted  to  be  done  before  such  absorption  :

Provided  further  that,  the  terms  and  conditions  of  service  applicable
immediately before the appointed day to any officer shall not be varied to his
disadvantage,  except  with  the  previous  approval  of  the  State  Government.

(3) Except  as  otherwise  provided  in  any  rules  made  under  sub-section
(2), all rules, regulations or orders as amended from time to time and for the
time  being  in  force  in  the  State  and  applicable  to  officers  in  the  relevant
class  of  service  of  the  State  Government  shall  continue  to  apply  to  officers
appointed  to,  or  absorbed  in,  any  such  service  and  shall  be  deemed  to  be
rules, regulations or orders made under this Act, until other rules, regulations
or orders, if any, are made in this behalf or subject to such modifications, as
the State Government may, from time to time by notification in the Official
Gazette, and in any other prescribed manner make.

(4) Notwithstanding anything contained in sub-section (4) of section 75,
the power of making appointments of officers to any Municipal Council under
this  section  including  promotions,  transfers  and  all  matters  relating  to  any
conditions  of  service  shall  vest  in  the  State  Government,  or  any  officer  not
below the rank of a Deputy Secretary to Government duly authorised by the
State  Government  for  the  purpose.

1[(5) The  officers  included  in  any  municipal  service  constituted  under
this  section  shall  be  the  servants  of  the  State  Government;  but  they  shall
draw  their  salaries  and  allowances  directly  from  the  municipal  fund.]

(6) There  shall  be  paid  every  year  out  of  the  municipal  fund  to  the  State
Government  such  cost  as  the  State  Government  may  determine  on  account  of
2**  pension,  leave  and 3[allowances  other  than  those  drawn  from  the  municipal

1 Sub-section (5) was substituted for the original by Mah. 4 of 1974, s. 38(1).
2 The words “pay,” was deleted by Mah. 4 of 1974, s. 38 (2)(a).
3 These words were substituted for the words “other allowances” by Mah. 4 of 1974, s. 38(2)(b).

H 4109—11a

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[1965 : Mah. XL

fund under sub-section (5)] of the officers belonging to any of municipal services
constituted  under  this  section  and  all  the  expenses  incurred  by  the  State
Government  for  administering  the  municipal  service  or  services  constituted
under this section. If any Municipal Council fails to pay such cost and expenses
1[or the salaries and allowances of such officers] within the period prescribe
in this behalf, then the provision of sub-section (3) of section 312 shall apply
to the payment of such cost and expenses 1[or the salaries and allowances of
such  officers]  as  they  apply  in  relation  to  the  payment  of  the  expense  and
remuneration  not  paid  under  that  section.]

Appointment
of other
officers  and
servants.

76.

(1) A  Council  may,  with  the  sanction  of  the  Director,  create
such posts of officers and servants other than those specified in sub-sections
(1) and (2) 2[of section 75] as it shall deem necessary for efficient execution of
its duties  under this  Act.

Powers  and
duties of
Chief
Officer.

3[(2) Subject to the provisions of sub-section (3), the qualifications, pay,
allowances  and  other  conditions  of  service  and  the  method  of  recuitment  of
any  such  officers  and  servants,  excluding  the  posts  equivalent  to  Class  IV
posts  in  the  State  Government,  shall  be  determined  by  general  or  special
order made by the Director in this behalf. In case of posts equivalent to Class
IV  posts  in  the  services  of  the  State  Government,  the  qualifications,  pay,
allowances  and  other  conditions  of  service  and  method  of  recuitment  shall
be determined by bye-laws made by the Council in this behalf.

(3) Subject  to  any  general  or  special  orders,  which  may,  from  time  to
time, be made  by the State Government  in this behalf, appointments  to the
posts created under sub-section (1), shall be made by the Chief Officer from
the  list  of  the  candidates  selected  by  such  selection  authority  or  such  other
body, as the State Government may, by general or special order, specify.]

4[(4) No  Council  shall  employ  any  person,  who  has  not  completed

fifteenth year, to serve as a member of its sanitary staff.]

77.

(1) The  Chief  Officer  shall,—

(a) subject to the control, direction and supervision of the President,
supervise  the  financial  and  excutive  administration  of  the  Council  and
excercise such powers and perform such duties and functions as may be
conferred or imposed upon him or allotted to him by or under this Act ;

(b) take steps to give effect to all the decisions or resolutions of the

Council ;

(c) cause to be maintained and supervise the accounts and registers

of  the  Council ;

(d) subject  to  the  orders  of  the  competent  anthority,  take  prompt
steps to remove any irregularity pointed out by the Municipal Auditor ;

(e) prepare  budget  estimates  and  submit  them  to  the  Standing

Commitee;

(f) report  to  the  President  and  the  Committee  concerned  all  cases
of fraud, embezzlement, theft or loss of municipal money and property ;

1 These words and figures were inserted by Mah. 4 of 1974, s. 38(2)(c).
2 These words and figures were substituted for the words “ of the last preceding section ” by
Mah. 38 of 1971, s. 4.
3 These sub-sections were substituted by Mah. 18 of 1993, s. 13.
4 Sub-section (4) was added by Mah. 45 of 1975, s. 6.

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

71

(g) exercise  supervision  and  control  over  the  acts  and  proceedings

of all the officers and servants of the Council ;

(h) subject to the rules, by-laws and general or special orders made
under this Act, dispose of all questions such as the pay and allowances,
leave  and  other  privileges  in  respect  of  the  officers  and  servants  of  the
Council.

1[(1A) The Chief Officer of every Council for an ‘A’ class municipal area
shall, before the thirty first day of July every year, place before the Council a
report  on  the  status  of  environment  within  the  area  in  respect  of  the  last
preceding official year covering such matters and in such manner as may be
specified  by the  State  Government  from time  to  time.]

(2) The Chief Officer may, 2[with the sanction of the President] delegate
any of the powers or duties or functions conferred or imposed upon or allotted
to him by or under this Act, to any municipal officer or servant :

Provided  that,  such  delegation  shall  be  subject  to  such  limitations,  if
any, as may be prescribed by the Council and also to the control and revision
by  the  Chief  Officer.

3[77A. The Council shall grant to its Chief Officer sumptuary allowance

at such rates as may be prescribed.]

78. The  powers  and  duties  of  all  officers  and  servants  of  the  Council,
other  than  the  Chief  Officer,  shall  be  such  as  the  Standing  Committee  may
specify  from time  to  time.

4[Prevention  of  delay  in  discharge  of  official  duties

Mah.
XXIX of
2011.

78A.

(1) The Chief Officer shall prepare and publish Citizens’ Charter,
a  list  of  facilities  or  services  rendered  by  the  office  or  Department  of  the
Council, together with the time limit for providing such facilities or services
to  the  general  public,  within  a  period  of  six  months  from  the  date  of
commencement  of  the  Maharashtra  Municipal  Corporations  and  Municipal
Councils  (Second  Amendment)  Act,  2010.

(2) If no final decision is taken within the period specified in the Citizens’
Charter by the concerned authorities, the responsibility for inaction shall be
fixed on them and an action mentioned in the relevant Act, rules or regulations
shall be taken against them.

Sumptuary
allowance to
Chief Officer.

Powers and
duties of
other officers
and servants.

Citizens’
Charter.

78B.

(1) The  Chief  Officer  shall  publish  the  list  of  powers  delegated

to  the  subordinate  officers  working  under  him,  for  taking  final  decision.

Delegation of
powers.

(2) The  Chief  Officer  shall  determine,  as  far  as  possible,  four  or  less
number of levels of submission for any matter to reach the concerned Statutory
Committee  or  the  Authority  competent  to  take  final  decision  in  the  matter,
in any office or Department in the Council.

1 Sub-section (1A) was inserted by Mah. 41 of 1994, s. 144.
2 These words were substituted for the words “ with the sanctions of the Council ” by Mah. 4 of
1974, s. 16.
3 Section 77A was substituted by Mah. 15 of 2012, s. 12.
4 The Heading Sections 78A to 78D were inserted by Mah. 29 of 2011, s. 8.

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[1965 : Mah. XL

(3) Lists  of  powers  delegated  to  the  subordinate  officers  and  the  levels
of submission shall be prepared and published within one year from the date
of commencement of the Maharashtra Municipal Corporations and Municipal
Councils  (Second  Amendment)  Act,  2010,  and  shall  be  updated  on  the  1st
April  of  every  succeeding  year.

Mah.
XXIX of
2011.

78C.

(1) Every  Municipal  Officer  and  servant  shall  be  bound  to
discharge  his  official  duties  and  the  official  work  assigned  or  pertaining  to
him most diligently and as expeditiously as feasible :

Provided that, normally no file shall remain pending with any Municipal
Officer  or  servant  in  any  Department  or  officer  under  the  Corporation  for
more than seven working days :

Provided  further  that,  immediate  and  urgent  files  shall  be  disposed  of
by  any  Municipal  Officer  or  servant  as  per  the  urgency  of  the  matter,  as
expeditiously  as  possible,  and  preferably  the  immediate  file  in  one  day  or
the next day morning and the urgent file in four days :

Provided  also  that,  in  respect  of  the  files  not  required  to  be  referred  to
any other Department within the Council and not requird to be submitted to
any  Statutory  Committee,  the  concerned  Department  of  the  Council  shall
take  the  decision  and  necessary  action  in  the  matter  within  forty-five  days
and  in  respect  of  the  files  required  to  be  referred  to  any  other  Department
but  not  to  any  Statutory  Committee,  decision  and  necessary  action  shall  be
taken  within  three  months.

(2) Any  willful  or  intentional  delay  or  negligence  in  discharge  of  the
official  duties  or  in  carrying  out  the  official  work  assigned  or  pertaining  to
such  Municipal  Officer  and  servant  shall  amount  to  dereliction  of  official
duties and shall make such Municipal Officer or servant liable for appropriate
disciplinary  action  under  the  relevant  discipinary  rules  applicable  to  such
employees.

(3) The concerned competent authority, on noticing or on being brought
to its notice any such dereliction of duties on the part of any Municipal Officer
or  servant,  after  satisfying  itself  about  such  dereliction  on  the  part  of  such
Municipal  Officer  or  servant  shall,  take  appropriate  disciplinary  action
against  such  defaulting  Municipal  Officer  or  servant  under  the  relevant
disciplinary rules including  taking entry relating to such  dereliction of duty
in  the  Annual  Confidential  Report  of  such  Municipal  Officer  or  servant.

Non-
application
of provisions
of section
78C in
certain
circumstances.

78D. Nothing in section 78C shall apply to,—

(i) sub-judice  matters;

(ii) cases  referred  to Lokayukta  or  Upa-Lokayukta and  other

Constitutional  institutions,  Commissions,  etc.;

(iii) quasi-judicial  matters;

(iv) cases  related  to  the  Central  or  other  State  Governments;

(v) cases  related  to  Legislation  ;  and

(vi) cases  involving  major  policy  decisions.]

Punishment of
officers and
servants.

79.

(1) Without prejudice to the provisions of any law for the time being
in  force 1[and  subject  to  the  provisions  of  section  75A  and  the  rules  made

1 This portion was inserted by Mah. 38 of 1971, s. 5.

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thereunder,] the following penalties may, for good reasons, be imposed upon
any  officer  or  servant  of  the  Council :—

(i) Censure  ;

(ii) Withholding  of  increments  or  promotion  including  stoppage  at  an

efficiency  bar  ;

(iii) Reduction  to  a  lower  post  on  a  fixed  pay  or  a  time-scale  or  to  a

lower  stage  in  time-scale  ;

(iv) Recovery  from  his  pay  of  the  whole  or  part  of  any  pecuniary  loss

caused to  the Council by negligence  or breach of  orders ;

(v) Fine  ;

(vi) Suspension ;

(vii) Removal  from  the  service,  which  does  not  disqualify  from  future

employment ;

(viii) Dismissal  from  the  service,  which  ordinarily  disqualifies  from

future  employment.

(2) Any of the penalties mentioned in sub-section (1) may be imposed on
an officer  or servant  of the Council  by the authority  competent to  make the
appointment  of  the  officer  or  servant :

1[*

*

*

*

*]

2[Provided that, any officer or servant appointed by the Council may be
suspended  by  the  Chief  Officer  pending  an  order  of  the  Council  and  every
such suspension with the reasons therefor shall forthwith be reported by the
Chief  Officer  to  the  Council  ; 3[  and  such  suspension  shall  continue  till  the
completion  of  the  enquiry  :]

Provided  further  that,  if  such  enquiry  is  not  completed  within  a  period
of  six  months,  the  Collector  shall  after  examining  the  reasons  for  the  delay
in  completion  of  the  enquiry  either  revoke  the  order  of  suspension  or  may
extend it for a period of six months :

Provided  also  that,  if  such  enquiry  is  not  completed  within  the  total
period of one year, the Chief Officer concerned shall immediately seek further
extension  of  suspension  period  from  the  Regional  Director  who  may,  either
revoke  the  suspension  order  or  after  recording  the  reasons  in  writing  may,
grant further extension of not more than three months at a time so, however
that, the total period of the suspension shall not go beyond eighteen months.
On  the  event  of  the  enquiry  not  being  completed  within  the  total  period  of
eighteen months, the power to grant any further extension shall lie with the
State Government. The suspension of an officer or servant pending an enquiry
against such officer or servant shall not be deemed to be a penalty :]

4[Provided  also  that]  the  Chief  Officer  may,  for  good  and  sufficient
reasons impose on any officer or servant of the Council, any minor penalty or
penalties specified in clauses (i), (ii), (iv), (v) and (vi) of sub-section (1) :

1 This proviso was deleted by Mah. 34 of 1983, Sch.
2 These provisos were substituted by Mah. 18 of 1993, s. 15 (a).
3 This portion was substituted for the portion begining with the words “and such suspension”

and ending with the words “to be a penalty” by Mah. 11 of 1996, s. 13(a).

4 These words were  substituted for the words “Provided further that” by  Mah. 11 of 1996,

s. 13(b).

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[1965 : Mah. XL

Provided  also  that,—

(i) if the post held by a municipal servant is equivalent to Class IV
post under the State Government, the penalties specified in clauses (iii),
(vii) and (viii) may be imposed on such servant by the Standing Committee
and, if the Council so  decides, by the President;

(ii) if  the  post  held  by  an  officer  or  servant  is  above  the  rank  of  a
Class IV post under the State Government, such penalties may be imposed
on such officer or servant by the Council or by the Standing Committee,
if  the  Council  so  decides].

(3) No officer or servant shall be reduced to a lower post or removed or
dismissed  from  service  under  this  section  unless  he  has  been  given  a
reasonable opportunity of showing cause against such reduction, removal or
dismissal:

Provided  that,  this  sub-section  shall  not  apply—

(a) where a person is reduced, removed or dismissed on the ground

of conduct which has led to his conviction on a criminal charge; or

(b) where  the  competent  authority  is  satisfied  that,  for  reasons  to
be recorded in writing by such authority, it is not reasonably practicable
to give  that person  an opportunity  of showing  cause.

1[(4) In case of any officer or servant holding any post permanently above
the rank of a Class IV post of the State Government, no order of removal or
dismissal  shall  be  passed  without  the  prior  approval  of  the  Collector.]

(5) In every case referred to the Collector under the last preceding sub-
section the Collector shall not refuse to give his approval unless he is satisfied
that—

(i) the finding at the inquiry is perverse ; or

(ii) the  penalty  of removal  or  dismissal,  as  the  case may  be,  is  too

severe.

Where  the  Collector  informs  the  Council,  or  the  Standing  Committee
that  the  finding  at  the  inquiry  is  perverse,  no  further  proceeding  shall  be
taken against the officer or servant concerned in respect of the same matter.

(6) An  appeal  against  any  order  imposing  any  penalty  mentioned  in
sub­section  (1)  may  be  made  to  the  authority  superior  to  the  authority
imposing the penalty as shown below :—

Authority  imposing  the  penalty

Superior  authority  to  which
appeal may be made

(i) Chief  Officer . .

. .

. .

Standing  Committee.

(ii) Standing  Committee . .

. . Council.

(iii) Council

. .

. .

. . Director.

1 This sub-section was substituted by Mah. 18 of 1993, s. 15(b).

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(7) No such appeal may be entertained if not preferred within one month
from the date of receipt of the order appealed against by the officer or servant
concerned.

1[79A. Notwithstanding anything  contained in section  79 or  any other
section of the Act, the Chief Officer shall be competent to sanction prosecution
of any officer or servant of the Council which has been sought by the Police
or any other Government agency. The Chief Officer shall inform about grant
of any such sanction to the Municipal Council in the next ensuing meeting of
the  Council.]

Sanction   for
prosecution of
officers and
servants of
Council.

By-laws to
be made
regulating
certain
conditions of
service.

80. Every  Council  shall,  in  respect  of  the  officers  and  servants  of  the
Council, other than those referred to in sub-sections (1) and (2) of section 75,
make by-laws on the following matters, namely :—

(a) fixing the amount and nature of the security to be furnished by
any  employee  who  is  required  to  handle  property,  cash  or  securities
belonging to the Council or by any other employee from whom it may be
deemed  expedient  to  require  security  ;

(b) regulating the grant of leave to the employees and the payment

of leave salary and allowances to them whilst absent on leave ;

(c) determining  the  remuneration  to  be  paid  to  the  persons
appointed  to  act  for  any  of  the  said  employees  during  their  absence  on
leave ;

(d) authorising  the  payment  of  travelling  or  conveyance  allowance

to  the  employees ;

(e) regulating  the  period  of  service  of  all  employees  ;

(f) determining  the  conditions  under  which  the  employees  or  any
of  them  shall  on  retirement  or  discharge  or  in  the  event  of  injury  or
disability  receive  pension,  gratuity  or  compassionate  allowance  and
under  which  heirs or  surviving  relatives  shall receive  pension,  gratuity
or  compassionate  allowance  and  the  rate  or  amounts  of  such  pension,
gratuity  or  compassionate  allowance  ;

(g) authorising payment of contributions, out of the Municipal Fund,
to any pension or provident fund which may be established for the benefit
of  the  employees  ;

(h) determining  subsistence  allowance,  in  lieu  of  pay,  during  the

period  of  suspension  of  any  employee,  pending  inquiry  ;

2[(i) determining the method of recruitment and the qualifications,
pay,  allowances  and  other  conditions  of  service  of  posts  equivalent  to
Class IV posts in the services of the State Government:

Provided  that,  the  by-laws,  if  any,  in  respect  of  any  or  all  the  matters
mentioned  in  this  section,  whether  made  before  or  after,  shall  be  subject  to
the  rules  or,  the  general  or  special  orders,  if  any,  made  or  issued  in  this
behalf  by  the  State  Government  or  the  Director  ;  and  notwithstanding
anything  contained  in  this  Act,  such  rules  or  orders  shall  prevail  over  such
by-laws.].

1 This section was inserted by Mah. 11 of 2002, s. 48.
2 This clause was substituted for original by Mah.  18 of 1993, s.  16.

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Provisions in
regard to
meetings  of
Council.

CHAPTER  VI.

CONDUCT OF BUSINESS.

(1) Meetings.

81.

The following  provisions  shall  be  observed  with  respect  to  the

meetings of a Council :—

1[(1) For  the  disposal  of  general  business,  which  shall  be  restricted  to
matters relating to the powers, duties and functions of the Council as specified
in  this  Act  or  any  other  law  for  the  time  being  in  force,  and  any  welcome
address  to  a  distinguished  visitor,  proposal  for  giving Manpatra to  a
distinguished  person  or  resolution  of  condolence  (where  all  or  any  of  these
are  duly  proposed),  an  ordinary  meeting  shall  be  held  once  in  two  months.
The  first  such  meeting,  shall  be  held  within  two  months  from  the  date  on
which  the  meeting  of  the  Council 2[under  section  51]  is  held,  and  each
succeeding ordinary meeting shall be held within two months from the date
on  which  the  last  preceding  ordinary  meeting  is  held.  The  President  may
also call additional ordinary meetings as he deems necessary. It shall be the
duty  of  the  President  to  fix  the  dates  for  all  ordinary  meetings  and  to  call
such meetings in time.]

3[(1A) If the President fails to call on ordinary meeting within the period
specified in clause (1), the Chief Officer shall forthwith report such failure to
the Collector. The Collector shall, within seven days from receipt of the Chief
Officer’s report or may, suo motu, call the ordinary meeting. The agenda for
such  meeting  shall  be  drawn  up  by  the  Collector,  in  consultation  with  the
Chief  Officer:

Provided that, any such meeting called by the Collector shall not distrub
the sequence of the ordinary meetings as specified in clause (1) and the next
ordinary  meeting  shall  be  called  by  the  President  as  if  the  last  preceding
meeting  was  held  on  the  last  permissible  day  of  the  period  specified  in
clause (1)].

(2) The President may, whenever he thinks fit, and shall upon the written
request of not less than one-fourth of the total number of Councillors and on
a  date  not  later  than  fifteen  days  after  the  receipt  of  such  request  by  the
President, call a special meeting. 4[The business to be transacted at any such
meeting  shall  also  be  restricted to  matters  specified  in  clause  (1)].

(3) If  the  President  fails  to  call  a  meeting  within  the  period 5[specified
in clause (2)], the Coucillors who had made a request for the special meeting
being called, may request  the Collector to call a special  meeting. On receipt
of such request, the Collector, or any officer whom he may designate in this
behalf, shall call the special meeting on a date within  fifteen  days  from  the

1 Clause (1) was substituted by Mah. 4 of 1974, s. 18(a).
2 These words and figures were substituted for the words, figures and letter “ under section
19A” by Mah. 19 of 1981, s. 16.
3 Clause (1A) was inserted by Mah. 4 of 1974, s. 18(b).
4 This portion was added by Mah. 4 of 1974, s. 18(c).
5 These words, brackets and figures were substituted for the words, brackets and figures
“specified in clause (1) or clause (2),” by Mah. 4 of 1974, s. 18(d).

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date of receipt of such request by the Collector. Such meeting shall be presided
over by the Collector or the officer designated, but he shall have no right to
vote.

(4) (a) Seven  clear day’s  notice  of an  ordinary  meeting,  and three  clear
days’ notice of a special meeting, specifying the date, hour and place at which
such meeting is to be held and the business to be transacted thereat shall be
served upon the Councillors, and posted up at the municipal office. The notice
shall include any motion or proposition of which a Councillor shall have given
written  notice  not  less  than  ten  clear  days  previous  to  the  meeting,  of  his
intention  to  bring  forward  thereat  and  in  the  case  of  a  special  meeting,
any  motion  or  proposition  mentioned  in  any  written  request  made  for  such
meeting  ;

(b) Notwithstanding  anything  contained  in  sub-clause  ( a) in  an
emergency,  for  reasons  to  be  recorded  in  writing,  the  President  may  call  a
special  meeting  of  the  Council  with  only  one  day’s  notice  served  upon  the
Councillors  and  posted  up  at  the  municipal  office.

(5) Every  meeting  of  a  Council  shall,  except  for  reasons  to  be  specified
in the notice convening the meeting, be held in any of the buildings used as a
municipal  office  by  such  Council.

(6) Every  meeting  shall,  in  the  absence  of  both  the  President  and  the
Vice-President,  be  presided  over  by  such  one  of  the  Councillors  present  as
may be chosen by the meeting to be the Chairman for the occasion and such
Chairman shall exercise thereat the powers vested in the President by clause
(a) of sub-section (1) of section 58.

(7)

(a) The  presiding  authority  shall  preserve  order  at  the  meeting.
All points of order shall be decided by the presiding authority with or without
discussions  as  it  may  deem  fit,  and  the  decisions  of  the  presiding  authority
shall be final;

(b) (i) the presiding authority may direct any Councillor whose conduct
is in its opinion disorderly to withdraw immediately from the meeting of the
Council and any Councillor so ordered to withdraw shall do so forthwith and
shall absent himself during the remainder of the day’s meeting :

Provided  that,  the  presiding  authority  may  withdraw  such  order  on

receiving  an  apology  from  the  Councillor  or  without  such  apology  ;

(ii) if  any,  Councillor,  who  has  been  ordered  to  withdraw,  continues  to
remain in the meeting, the presiding authority may take such steps as it may
deem fit to cause him to be removed.

(8) Every  meeting  shall  be  open  to  the  public,  unless  the  presiding
authority  considers  that  any  inquiry  or  deliberation  pending  before  the
Council should be held in private :

Provided that, the presiding authority may at any time cause any person

to  be  removed  who  interrupts  the  proceedings.

(9) (a) The  quorum  necessary  for  the  transaction  of  business—

(i) at an ordinary meeting shall be one-third of the total number of

Councillors ;

(ii) at  a  special  meeting  shall  be  one-half  of  the  total  number  of

Councillors :

Provided that, in computing the quorum a fraction shall be ignored ;

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[1965 : Mah. XL

(b) If at any time during a meeting the presiding authority notices or if
it  is  brought  to  the  notice  of  the  presiding  authority  that  the  number  of
Councillors present including the presiding authority falls short of the quorum
required, the presiding authority shall after waiting for not less than fifteen
minutes and not more than thirty minutes adjourn the meeting to such hour
on the following or some other future day as it may reasonably fix. A notice of
such adjournment shall be posted up at the municipal office and the business
which would have been brought before the original meeting, had there been
a quorum thereat, but no other business, shall be brought before the adjourned
meeting and may be disposed of at such meeting.

(10) Except with the permission of the presiding authority (which shall
not  be  given  in  the  case  of  a  motion  or  proposition  to  modify  or  cancel  any
resolution  within three  months  after the  passing  thereof),  no business  shall
be transacted and no proposition shall be discussed at any meeting unless it
had been mentioned in the notice convening such meeting or in the case of a
special meeting,  in the written  request for such  meeting :

1[Provided  that,  no  such  permission  shall  be  granted  by  the  authority

for consideration  of more than  five subjects in  the meeting.]

(11) Subject  to  any  rules  made  in  this  behalf,  the  order  in  which  the
business  shall  be  transacted  at  any  meeting  shall  be  determined  by  the
presiding  authoriy  :

Provided that, if it is proposed by any Councillor that priority should be
given to any particular item of business, or to any particular proposition, the
presiding  authority  shall  put  the  proposal  to  the  meeting  and  be  guided  by
the majority of votes of the Coucillors present and voting, given for or against
the  proposal.

(12) Minutes  containing  the  names  of  the  Councillors  and  of  the
Government officers, if any, present under the provisions of clause (17), and
of the proceedings at each meeting shall be kept in Marathi, Hindi or English
as  the  Council  may  determine,  in  a book  to  be  maintained  for  this  purpose.
Except when votes are recorded by ballot, the names of the Councillors voting
for  or  against  any  proposal  or  motion  shall  be  recorded  in  the  minute  book.
The minutes shall be signed, as soon as practicable, by the presiding authority
of  such  meeting  and  shall  at  all  reasonable  times  be  open  to  inspection  by
any  inhabitant  of  the  municipal  area.  Such  minutes  shall  be  placed  before
the next meeting of the Council and shall after confirmation by the meeting,
be signed by the presiding authority of such meeting.

(13) Except  as  otherwise  provided  by  or  under  this  Act,  all  question
shall be decided by a majority of votes of the Councillors present and voting,
the  presiding  authority  having  a  second  or  casting  vote  in  all  cases  of
equality of votes. Votes shall be taken and results recorded in such manner
as may be prescribed by rules :

2[Provided  that,  the  nominated  Councillors  referred  to  in  clause  (b)  of
sub­section (1) of section 9 shall not have the right to vote in the meetings of
the  Council.]

1 This proviso was inserted by Mah. 11 of 2002, s. 49.
2 This proviso was inserted by Mah. 41 of 1994, s. 145.

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79

(14) Any meeting may, with the consent of a majority of the Councillors
present be adjourned from time to time to a later hour on the same day or to
any other day;  but no business shall be transacted at any adjourned meeting
other than that left undisposed of at the meeting from which the adjournment
took  place.  A  notice  of  such  adjournment  posted  up  at  the  municipal  office
shall  be  deemed  to  be sufficient  notice  of  the  adjourned  meeting.

1[Notwithstanding  anything  contained  in  clause  (9),  except  for  the
meeting  adjourned  while  having  quorum,  no  quorum  shall  be  necessary  for
an  adjourned  meeting.]

(15) No  resolution  of  a  Council  shall  be  modified  or  cancelled  within
three  months  after  the  passing  thereof  except  by  a  resolution  supported  by
not  less  than  one-half  of  the  total  number  of  Councillors  and  passed  at  the
meeting of  which notice shall have  been given fulfilling the  requirements of
clause (4) and setting forth fully the resolution which it is proposed to modify
or cancel at such meeting and the motion or proposition for the modification
or  cancellation  of  such  resolution.

(16) Except for reasons which the presiding authority deems emergent,
no  business relating  to any  work which  is being  or is  to be  executed for  the
Council  by  any  Department  of  the  Government  or  the Zilla  Parishad
concerned or to any educational matter shall be transacted at any meeting of
a  Council  unless  at  least  seven  days  previous  to  such  meeting,  a  letter  has
been  addressed  to  the  concerned  officer  of  the  Government  or  the Zilla
Parishad or the Educational Inspector, as the case may be, informing him of
the  intention  to  transact  such  business  thereat  and  of  the  motions  or
propositions  to  be  brought  forward  concerning  such  business.

(17) If it shall appear to a Council that the presence of any Government
officer  or  an  Officer  of  the Zilla  Parishad is  desirable  for  the  purpose  of
discussion of consideration of any question, on which, in virtue of the duties
of his office, his opinion or the information which he can supply will be useful
to such Council, at any meeting of such Council, it shall be competent to such
Council, by letter addressed to such officer not less than fifteen days previous
to  the  intended  meeting,  to  invite  him  to  be  present  therat;  and  the  said
officer shall, as far as possible, attend such meetings:

Provided that, such officer on receipt of such letter may, if unable to be
present  himself,  instruct  a  Deputy  or  Assistant  or  other  competent
subordinate,  as  to  his  views,  and  may  send  him  to  the  meeting  as  his
representative,  instead  of  attending  himself.

(18) No  officer  attending  a  meeting  of  the  Council  under  clause (16) or

(17) shall be entitled to vote on any proposition at such meeting.

(19) The State Goverment may make rules in respect of matters relating
to the conduct of business at meetings of the Council not provided for in this
section.

82. The  following  provisions  shall  apply  to  meetings  of  Committees  :—

2[(1) The  ordinary  meetings  of  the  Committee  shall  be  held  once  every
month. The first ordinary meeting shall be held within fifteen days from the

Meetings of
Committees.

1 This portion was substituted for the  portion beginning with the words “Notwithstanding
anything contained” and ending with the words “for such adjourned meeting.” by Mah. 15 of
2012, s. 13.
2 Clause (1) was substituted by Mah. 4 of 1974, s. 19(a).

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[1965 : Mah. XL

date  on  which  the  concerned  Committtee  has  been  constituted  and  each
succeeding  ordinary  meeting  shall  be  held  within  one  month  from  the  date
on  which  the  last  preceding  ordinary  meeting  is  held,  on  such  days  and  at
such  time  as  the  Chairman  may  fix.  The  business  to  be  transacted  at  such
meeting  shall  be  restricted  to  the  subjects  allotted  to  the  Committee
concerned  under  section  70.]

(2) Upon  the  written  request  of  the  President  or  of  not  less  than  one-
fourth  of  the  members  of  the  Committee,  the  Chairman  shall  call  a  special
meeting of the Committee on a date not later than seven days after the receipt
of  such  request:

 Provided that, in computing one-fourth of the members a fraction shall

be  ignored  :

1[Provided  further  that,  the  business  to  be  transacted  at  such  meeting
shall  also  be  restricted  to  the  subjects  allotted  to  the  Committee  concerned
under  section  70.]

(3) If the Chairman of a Committee has been absent from the municipal
area  for  a  period  exceeding  fifteen  days  or  if  the  Chairman  fails  to  call  a
meeting  within  the  period  specified  in  clause  (2),  the  President  or  in  his
absence  the  Vice-President  may  call  a  meeting  of  the  Committee.

(4) If  the  Chairman, the  President  and  the  Vice-President  fail to  call  a
meeting  as  required  by  clause  (2)  or  (3),  one-third  of  the  members  of  the
Committee or two members, whichever is more, may call such meeting :

Provided  that,  in  computing  one-third  of  the  members  a  fraction  shall

be  ignored.

(5)  (a) A  notice  of  every  meeting  specifying  the  date  on  which  and  the
time and the place at which such meeting is to be held and the business to be
transacted thereat shall be served upon each member of the Committee and
shall also be posted up at the municipal office at least three clear-days before
the date of the meeting ;

(b) Notwithstanding  anything  contained  in  sub-clause  ( a) in  an
emergency,  for  reasons  to  be  recorded  in  writing,  the  Chairman  may  call  a
meeting of the Committee with only one day’s notice served upon the members
and posted up at the municipal office.

(6) One-half  of  the  members  of  a  Committee  shall  form  a  quorum,  but

such number shall not be less than two :

Provided that, in computing one-half of the members a fraction shall be

ignored.

(7) Every meeting of a Committee shall be presided over by the Chairman
and in the absence of the Chairman, by one of the members of the Committee
as may be chosen by the meeting to preside.

(8) The State Government may make rules in respect of matters relating
to the conduct of business at meetings of Committees not provided for in this
section.

(9) Save as otherwise provided by clauses (1) to (7) and the rules made
under  clause  (8),  the  provisions  of  clauses  (5),  (7),  (10),  (11),  (12),  (13),  (14),
(15),  (17)  and  (18) of  the  last  preceding  section  and  the  rules  made  under
clause (19) of that section shall mutatis mutandis apply to the meetings of all
Committees.

1 This proviso was inserted by Mah. 4 of 1974, s. 19(b).

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

83.

(1) The  Chief  Officer  shall, unless  prevented  by  reasonable  cause,
be present  at every  meeting of  the Council.  The Chief  Officer may  and if  so
required by a Committee shall be present at the meeting of the Committee.

(2) The Chief Officer may, with the permission of the presiding authority
or the Council, make an explanation or a statement of facts in regard to any
subject  under  discussion  at  such  meeting,  but  shall  not  vote  upon  or  make
any  proposition  at  such  meeting.

(3) The  Council  or  a  Committee  may  require  any  of  the  officers  of  the
Council to attend any meeting of the Council or the Committee at which any
matter  with  which  such  officer  is  concerned  is  being  discussed.  When  any
officer is thus required to attend any such meeting, he may be called upon to
make a statement or explanation of facts or supply any information, but shall
not be entitled to vote or to make any proposition at such meeting.

81

Chief Officer
to be
present at
every
meeting of
the Council,
and if
required at a
meeting of a
Committee,
but not to
vote or
make any
proposition.

1[83A.

(1) Where,  any  proposal  of  the  Chief  Officer  requires  previous
sanction  or  approval  of  the  Council,  the  Council  shall  consider  and  dispose
of  any  such  proposal  of  the  Chief  Officer,  within  sixty  days  reckoned  from
the date of the meeting of the Council held immediately after the proposal is
received  by  the  President,  whether  the  item  pertaining  to  such  proposal  is
taken on the agenda of the meeting or not.

Deemed
sanction.

(2) If  the  Council  fails  to  take  decision  within  the  specified  period
referred to in sub-section (1), then the Chief Officer shall submit such proposal
to the Collector for sanction or approval. The decision given by the Collector
on  such  proposal  shall  be  deemed  to  have  been  given  by  the  Council,  and
report to that effect shall be made by the Chief Officer to the Council :

Provided that, any such deemed sanction or approval shall be restricted
to  the  extent  the  proposal  conforms  to  the  existing  provisions  of  this  Act  or
any other law, for the time being in force.]

84.

(1) The  Council  or  any  Committee  may  require  from  the  Chief

Officer,—

(a) any  return,  statement,  estimate,  statistics  or  plan  or  other
information  regarding  any  matter  pertaining  to  the  administration  of
the  Council;

(b) report  or clarification  on  any  such matter;  and

(c) a  copy  of  any  record,  correspondence,  plan  or  other  document
which is in his possession or under his control in his official capacity or
which  is  recorded  or  filed  in  his  office  or  in  the  office  of  any  officer  or
servant  subordinate  to  him.

(2) The Chief Officer shall comply with any requisition under sub-section
(1) unless  he  is  of  opinion  that  compliance  therewith  will  be  prejudicial  to
the interest of the Council or of the public, in which case, he shall refer such
requisition  to  the  President  and  abide  by  the  decision  of  the  President.

Power of
Council or
Committee
to require
information,
document,
etc., from
Chief
Officer.

85.
authority,—

(1) A Council may, from time to  time, concur with any other local

Joint  Commit-
tees of local
bodies.

(a) in  appointing  out  of  their  respective  bodies,  a  joint  committee
for any purpose in which they are jointly interested and in appointing a
Chairman of such Committee ; and

(b) in  delegating  to  any  such  Committee  power  to  frame  terms
binding  on  each  such  body  as  the  construction  and  future  maintenance

1 Section 83A was inserted by Mah. 15 of 2012, s. 14.

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[1965 : Mah. XL

of any  joint work  and any power  which might be  exercised by  either or
any of such bodies ; and

(c) in  framing  and  modifying  regulations  for  regulating  the
proceedings  of  any  such  Committee  and  the  conduct  of  correspondence
relating  to  the  purpose  for  which  the  Committee  is  appointed.

(2) A Council may, from time to time, enter into an agreement with any
other  local  authority  for  the  levy  of  any  tax  falling  under  entry 1[***]  59  in
List II in the Seventh Schedule to the Constitution of India, whereby the tax
leviable  by  the  bodies  so  contracting  may  be  levied  together  instead  of
separately within the limits of the area subject to the control of the said bodies.

(3) Where  a  Council  has  requested  the  concurrence  of  any  other  local
authority under the provisions of sub-section (1) in respect of any matter and
such other local authority has refused to concur, the State Government may
pass  such  order as  it  may  deem fit,  requiring  the  concurrence of  such  other
local  authority,  not  being  a  cantonment  authority,  in  the  matter  aforesaid;
and  such other  local authority  shall comply  with such  order.

(4) If  any  difference  of  opinion  arises  between  bodies  having  joined  or
entered  into  an  agreement  for  any  purpose  under  this  section,  the  decision
thereupon of the State Government or of such officer as it may designate in
this behalf shall be final:

Provided that, if one of the bodies concerned is a cantonment authority,
any  such  decision  shall  be  subject  to  the  concurrence  of  the  Central
Government.

(5) For  the  purposes  of  this  section,  the  expression  “local  authority”

include  a  Cantonment  Board.

86.

2[District  Co-ordination  Committee.      Deleted]

(2) Validity  of  proceedings

Acts and
proceedings
of Council
and
Committees
not vitiated
by disquali-
fications,
etc., of
members
thereof.

87.

(1) No disqulification of or defect in the election or appointment of
any person acting as Councillor or as the President or presiding authority of
any meeting or as Chairman or member of Committee appointed under this
Act shall be deemed to vitiate any act or proceedings of the Council or of any
such  Committee,  as  the  case  may  be,  in  which  such  person  has  taken  part,
wherever  the  majority  of  persons  parties  to  such  act  or  proceedings,  were
entitled  to  act.

(2) No resolution of a Council or of any such Committee shall be deemed
invalid  on  account  of  any  irregularity  in  the  service  of  notice  upon  any
Councillor  or  member,  provided  that  the  proceedings  of  the  Council  or
Committee  were  not  prejudicially  affected  by  such  irregularity.

(3) Until  the  contrary  is  proved,  every  meeting  of  a  Council  or  of  a
Committee  appointed  under  this  Act  in  respect  of  proceedings  whereof  a
minute  has  been  made  and  signed  in  accordance  with  this  Act  or  the  rules
made thereunder, shall be deemed to have been duly convened and held and
all the members of the meeting shall be deemed to have been duly qualified;
and  where  the  proceedings  are  the  proceedings  of  a  Committee,  such
Committee  shall  be  deemed  to  have  been  duly  constituted  and  to  have  had
the power  to deal with the  matters referred to in  the minute.

(4) During  any  vacancy  in  a  Council  or  Committee  the  continueing

Councillors or members may act as if no vacancy had occured.

1 The figures and word “52 or” were deleted by Mah. 31 of 1999, s. 3.
2 Section 86 was deleted by Mah. 41 of 1994, s. 146.

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83

1[CHAPTER  VI-A

DISCLOSURE OF SPECIFIED INFORMATION

87A.

(1) The  Council  shall  maintain  and  publish  all  its  record  duly
catalogued and indexed in a manner, and form which enables the Council to
disclose  the  information,  specified  in  sub-section  (3).

Disclosure of
supecified
information.

(2) The manner of disclosure of information shall include the publication

of  the  information—

(i) in  News  papers ;

(ii) on  Internet ;

(iii) on  Notice  boards  of  the  Council  at  its  Head  Office  as  well  as

other  offices,  if  any ;

(iv) by such other mode, as may be prescribed :

Provided that, the information shall be disclosed in the language in which

it is available with the Council.

(3) The  Council  shall  be  required  to  disclose  the  following  information,

namely :—

(i) particulars  of  the  Council ;

(ii) a statement showing the boards, councils, committees and other
bodies, by whatever name called, constituted for the purpose of exercising
the functions of the Council or rendering advise to it, whether or not the
meetings of those boards, councils, committees and other bodies are open
to the public or the minutes of such meetings are accessible to the public ;

(iii) a  directory  of  its  officers  and  employees  ;

(iv) the  particulars  of  officers  who  are  empowered  to  grant
concessions,  permits  or  authorisations  for  any  activity  of  the  Council ;

(v) audited  financial  statements  showing  Balance  sheet,  Receipts
and Expenditures, and cash flow on a quarterly basis, within two months
of  end  of  each  quarter,  and  audited  financial  statements  for  the  full
financial year, within three months of the end of the financial year ;

(vi) the  statement  showing  each  of  the  services  provided  by  the

Council ;

(vii) particulars  of  all  plans,  proposed  expenditures,  actual
expenditures  on  major  services  provided  or  a  activities  performed  and
reports  on  disbursements  made  ;

(viii) details  of  subsidy  programmes  on  major  services  provided  or
activities  performed  by  the  Council,  and  manner  and  criteria  of
identification  of  beneficiaries  for  such  programmes  ;

(ix) particulars  of  the  master  plan,  city  development  plan  or  any

other  plan  concerning  the  development  of  the  municipal  area  ;

(x) the particulars of major works, as may be specified by notification
by the State Government in the Offical Gazette, together with information
on the value of  works, time of completion and  details of  contract ;

1 Chapter VI-A was inserted by Mah. 33 of 2007, s. 5.

H 4109—13

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[1965 : Mah. XL

(xi) the details of the municipal funds, i.e. income generated in the

previous  year  by  the  following  :—

(a) taxes,  duties,  cess  and  surcharge,  rent  from  the  properties,

fees  from  licenses  and  permissions  ;

(b) taxes,  duties,  cess  and  surcharge,  rent  from  the  properties,
fees  from  licenses  and  permission  that  remain  uncollected  and  the
reasons  thereof ;

(c) share of taxes levied by the State Government and transferred

to  the Council  and the  grants released  to the  Council ;

(d) grants released by the State Government for implementation
of the schemes, projects and plans assigned or entrusted to the Council,
the  nature  and extent  of  utilization ;

(e) money  raised  through  donation  or  contribution  from  public

or  non-governmental  agencies  ;

(xii) annual budget  allocated to each  ward ;

(xiii) such  other  information,  as  may  be  prescribed.]

CHAPTER  VII

MUNICIPAL PROPERTY, FUNDS, CONTRACTS AND LIABILITIES.

Power to
acquire and
hold
property.

88.

(1) Subject  to  any  special  reservation  made  or  to  any  special
conditions  imposed  by  the  State  Government,  all  property  of  the  nature
hereinafter  in  this  section  specified  (not  being  of  private  ownership)  and
situate within the limits of the municipal area shall vest in and be under the
control of the Council, and with all other property which has already vested
or may hereafter vest in the Council, shall be held and applied by it for the
purposes of this Act, that is to say,—

(a) all public town-walls, gates, markets, slaughter-houses, manure
and night soil depots and all public buildings of every description which
have been constructed or are maintained out of the municipal fund ;

(b) all  public  streams,  springs  and  works  for  the  supply,  storage
and distribution of water for public purposes, and all bridges, buildings,
engines,  materials  and  things  connected  therewith  or  appertaining
thereto,  and  also  any  adjacent  land  (not  being  private  property)
appertaining to any public tank or well ;

(c) all  public  sewers  and  drains,  and  all  sewers,  drains,  culverts
and  watercourses  in,  alongside  or  under  any  street,  and  all  works,
materials  and  things  appertaining  thereto  ;

(d) all  dust,  dirt,  dung,  ashes,  refuse,  animal  matter  or  filth,  or
rubbish  of  any  land,  or  unclaimed  dead  bodies  of  animals,  collected  by
the  Council  from  the  streets,  houses,  privies,  sewers,  cess-pools  or
elsewhere, or deposited  in places fixed by  the Council in that  behalf ;

(e) all public lamps, lamp-posts and apparatus connected therewith

or  appertaining  thereto  ;

1965 : Mah. XL]

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85

(f) all lands, buildings or other property transferred to the Council
by  the  Central  Government  or  the  State  Government  or  acquired  by
gift,  purchase  or  otherwise  for  local  public  purposes  ;  and

(g) all  public  streets,  not  being  open  spaces  or  lands  owned  by
Government  and  the  pavements,  stones  and  other  materials  thereof,
and also all trees, erections, materials, implements and things provided
for  such  streets.

(2) The  lands  and  buildings  belonging  to  Government  and  transferred
to  a  Council  under  clause  (f)  of  sub-section  (1)  shall  not,  unless  otherwise
expressly provided in the instrument or order of transfer, belong by right of
ownership  to  the  Council,  but  shall  vest  in  it  subject  to  the  terms  and
conditions of the transfer. On the breach of any of the said terms or conditions,
the land or the building, as the case may be, with all things attached to such
land  or  building  including  all  fixtures  and  structures  shall  revest  in
Government  and  it  shall  be  lawful  for  Government  to  resume  possession
thereof  and  make  such  orders  as  to  its  management  or  disposal,  as  it  may
deem  fit  without  payment  of  compensation.

89.

(1) In  any  municipal  area  to  which  a  survey  of  lands,  other  than
lands ordinarily used for the purposes of agriculture only, has been or shall
be extended under any law for the time being in force, where any property or
any right in or over any property is claimed by or on behalf of the Council, or
by any person as against the Council, it shall be lawful for the Collector after
inquiry  of  which  due  notice  has  been  given,  to  pass  an  order  deciding  the
claim.

Decision of
claims to
property by
or against
the Council.

Bom.
V of
1879.
Hyd.
VIII
of
1317
Fasli.
M.  P.
II of
1955.

(2) Any suit instituted in any civil court after the expiration of one year
from the date of any order passed by the Collector under sub-section (1) or, if
one or more appeals have been made against such order within the period of
limitation,  then  from  the  date  of  any  order  passed  by  the  final  appellate
authority  as  determined  according  to  section  204  of  the  *Bombay  Land
Revenue  Code,  1879,  section  158  of  the  Hyderabad  Land  Revenue  Act,  or
section 41 of the Madhya Pradesh Land Revenue Code, 1954, as the case may
be, shall be dismissed (although limitation has not been set up as a defence)
if  the  suit  is  brought  to  set  aside  such  order  or  if  the  relief  claimed  is
inconsistent  with  such  order,  provided  that  the  plaintiff  has  had  due  notice
of  such  order.

(3)(a) The  powers  conferred  by  this  section  on  a  Collector  may  also  be
exercised  by  an  Assistant  or  Deputy  Collector  or  by  a  Survey  Officer  or  a
Settlement Officer or Assistant Settlement Officer, as the case may be ;

(b) The inquiry referred to in this section shall be conducted in accordance
with the provisions relating to conduct of formal inquiry or inquiry contained
in the relevant Land Revenue Code or Act in force in the municipal area.

90.

(1) All  moneys  received  by  or  on  behalf  of  a  Council  by  virtue  of
this  Act  or  any  other  law  for  the  time  being  in  force,  all  taxes,  fines  and
penalties paid to or levied by it under this Act, other than fines imposed by
any Court, all proceeds of land or other property sold by the Council, and all
rents  accruing  from its  land  or  property,  and  all  interest,  profits  and  other

Municipal
fund.

*  Please  refer  here  the  relevant  provisions  of  the  Maharashtra  Land  Revenue  Code,

 1966 (Mah.  XLI  of  1966).

H 4109—13a

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[1965 : Mah. XL

moneys accruing by gift or transfer from Government or private individuals
or otherwise, shall constitute the municipal fund, and shall be held and dealt
with in a similar manner to the property specified in section 88 and section
97,  respectively  :

Provided  that—

(a) nothing  in  this  section  or  in  section  88  shall  in  any  way  affect
any  obligation  accepted  by  or  imposed  upon  any  Council  by  any
declarations of trust executed by or on behalf of such Council or by any
scheme  settled  under  the  Charitable  Endowments  Act,  1890,  for  the
administration of any trust, or by a trust of the nature specified in clause
(b) ;

VI of
1890.

(b) a Council may, subject to the condition that reasonable provision
shall be made for the performance of all obligations imposed or that may
be imposed on it by or under this Act or any other law for the time being
in force,  after crediting  the necessary  sums to  the 1[fund created  under
section 91]  credit  to a separate heading in the municipal accounts any
portion of the municipal fund received or set apart by it specially for the
purposes  of  schools  or  dispensaries  or  water  works  or  fire-brigades  or
other  such  purposes  as  the  Director  in  this  behalf  approves,  and  the
Council shall apply sums so credited exclusively to the special purposes
for which sums were received or set apart ;

(c)  (i) every  Council  which  levies  a  tax  on  pilgrims  resorting
periodically  to  a  shrine  within  its  area  shall,  subject  to  the  condition
that  reasonable  provision  shall  be  made  for  the  purposes  specified  in
sub-clause (ii), credit the proceeds of the said tax to a separate heading
in the municipal account to be called the “ Pilgrim Fund Account ” ;

(ii) the  purposes  for  which  provision  shall  be  made  by  a  Council
before  the  proceeds  of  the  pilgrim  tax  are  credited  to  the  Pilgrim  Fund
Account  shall  be  the  following,  namely,  the  payment  to  the  Council  of
such  percentage  of  the  proceeds  of  the  said  tax  as  may  be  determined
from time to time by the Council with the approval of the Collector for—

(A) making  reasonable  provision  for  the  performance  of  all
obligations  imposed  or  which  may  be  imposed  on  it  by  or  under  this
Act or any other law for the time being in force ;

(B) such general duties of the Council as are connected with the

health, convenience and safety of the said pilgrims ; and

(C) the cost of collection of the said tax ;

(iii) the sums credited under sub-clause (i) shall be devoted to such
works conducive to the health, convenience and safety of the said pilgrims
as may be approved by the Collector.

(2) The  State  Government  may  under  appropriation  duly  made  in  this
behalf  make  such  grants  to  every  Council  every  year  and  subject  to  such
terms and conditions and in such manner as it may deem fit for all or any of
the  following  purposes,  namely  :—

(a) Water  supply  ;

1  These  words  and  figures  were  substituted  for  the  words  and  figures  “funds  created

 under section 50 and 91” by Mah. 15 of 2012, s. 15.

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Maharashtra Municipal Councils, Nagar Panchayats
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87

(b) Drainage  ;

(c) Primary  and  secondary  education  ;

Bom.
XXVII
of 1955.

(d) Development  plan  and  town  planning  schemes  under  the

*Bombay Town Planning Act, 1954 ;

(e) Dearness allowance to the officers and servants of the Council ;

(f) 1* *

*

*

*

*

*

(g) Public Health ;

(h) Fire  Brigade ;

(i) Construction  and maintenance  of  roads ;  and

(j) such other amenities as the State Government may from time to

time  determine.

Such grants shall be credited to the municipal fund and applied for the

purposes  for  which  they  are  sanctioned.

2[(3) It  shall  be  competent  for  the  State  Government  to  deduct,—

(a) from the grants made under sub-section (2) ; or

(b) from any sum representing the grant-in-aid or the share of the
Council in the net proceeds of the taxes, duties, tolls and fees levied by
the  State  and  distributed  and  allocated,  as  determined  by  the  State
Government,  on  the  recommendations  of  the  Finance  Commission  ;

any amount which is due to the State Government or to any Government
Corporation,  Government  company  or  any  other  statutory  authority
constituted  by  the  Government  of  Maharashtra :

Provided  that,  before  making  such  deduction,  the  Council’s  say  in  the

matter  shall  be  considered  by  the  Government.]

3[90A.

(1) The  Council  shall  establish  and  set  apart  for  the  purposes
of budget estimate ‘B’, a separate fund to be called “the Consolidated Water
Supply and Sewage Disposal Project Fund” (hereinafter referred to as “Project
Fund”) for the purpose of carrying into effect the provisions of Chapter XIII
and XIV.

(2) The  following  moneys  shall  be  credited  to  the  Project  Fund,

namely :—

(a) any  sums  borrowed  in  exercise  of  the  powers  conferred  by  or

under this Act for the purposes of Chapters XIII and XIV ;

(b) any  grants  received  from  the  Government  for  the  purposes  of

Chapters  XIII  and  XIV ;

(c) all  monies received  by or  on behalf  of the  Council under  clause

(h) or (i) of sub-section (2) of section 105.

(3) The  Project  Fund  so  established  shall  be  applied  for,—

(a) the  expenditure  on  capital  works  for  the  purposes  of  Chapters

XIII and XIV ;

(b) the repayment  of the loans raised  for such capital  works.

*Now refer the Maharashtra Regional and Town Planning Act, 1966 (Mah. 27 of 1966).
1 Clause (f) was deleted by Mah. 38 of 1971, s. 6.
2 Sub-section (3) was added by Mah. 41 of 1994, s. 147.
3 The sections 90A to 90J were inserted by Mah. 15 of 2012, s. 16.

Establishment
of
Consolidated
Water
Supply and
Sewage
Disposal
Project Fund.

88

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

[1965 : Mah. XL

(4) Any  money  of  the  Project  Fund,  not  used  or  not  immediately  to  be
used in accordance with sub-section (3), shall be invested by the Chief Officer,
on behalf of the Council, with the sanction of the Standing Committee in any
Nationalized Bank, in such manner as he deems fit and proper.

Establishment
of Water and
Sewage Fund.

90B.

(1) The  Council  shall  establish  and  set  apart  a  separate  fund  to

be called “the Water and Sewage Fund”.

(2) The  following  moneys  shall  be  credited  to  the  Water  and  Sewage

Fund, namely :—

(a) all moneys received by or on behalf of the Council under clauses
(b) and (d) of sub-section (2) of section 105 and clauses (d), (e) and (f) of
section  108  or  any  other  money  received  for  the  purposes  of  Chapters
XIII and XIV ;

(b) such  percentage  of  general  revenues  of  last  preceding  year,  for
such number of years as the Council may decide on its own or as decided
by the State Government at the time of sanctioning any Water Supply or
Sewage  Disposal  Scheme  or  before  giving  any  guarantee  to  any  loan
required  by the  Council to  investigate,  prepare plans  and estimate  and
to  execute  the  projected  drinking  water  supply  or  sewage  disposal
scheme.

(3) All moneys payable to the credit of the Water and Sewage Fund shall
be received by the Chief Officer on behalf of the Council and forthwith paid
by  him  into  the  Nationalized  Bank,  approved  by  the  Standing  Committee
from time to time in this behalf, to the credit of account, which shall be styled
“the Account of the Water and Sewage Fund of ................ Municipal Council”:

Provided that, the Chief Officer may retain such balance in cash as may

be necessary for the purposes  of Chapters XIII and XIV.

(4) The  moneys  credited  to  the  said  Fund  from  time  to  time  shall  be
applied  only  for  payment  of  sums,  charges  and  costs  necessary  for  the
purposes  of  carrying  into  effect  the  provisions  of  Chapters  XIII  and  XIV.

(5) Surplus  money  at  the  credit  of  the  said  Fund  which  cannot
immediately  or  at  an  early  date  be  applied  as  provided  in  sub-section  (4)
may, from time to  time, be deposited by the Chief Officer  at interest in any
Nationalized  Bank  approved  by  the  Standing  Committee  or  be  invested  in
public  securities.

(6) All such deposits and investments shall be made by the Chief Officer
on  behalf  of  the  Council,  with  the  sanction  of  the  Standing  Committee,  and
with the like sanction, the Chief Officer may at any time withdraw any deposits
so made or dispose of any securities and re-deposit  or re-invest the moneys
so  withdrawn  or  the  proceeds  of the  disposal  of  the  securities;  but  no  order
for  making  any  such  deposit  or  investment  or  withdrawal  or  disposal  shall
have  any  validity,  unless  the  same  be  in  writing  signed  by  two  persons
specified  for  signing  cheques.

(7) The loss, if any, arising from any such deposit or investment shall be

debited to  the Water and  Sewage Fund.

89

Powers of
Council to
borrow
money.

1965 : Mah. XL]

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

90C.

(1) The Council may, from time to time, borrow or re-borrow and
take  up  at  interest  from  the  State  Government  or  from  any  financial
institution with the previous sanction of the State Government, by the issue
of debentures or otherwise on the security of any immovable property vested
in  the  Council  or  proposed  to  be  acquired  by  it  under  this  Act  or  of  all  the
taxes or of any tax which it is authorised to levy for the purposes of this Act
or of all or any of those securities, any sum necessary for the purpose of,—

(a) defraying  any  costs,  charges  or  expenses,  incurred  or  to  be

incurred by it, in the execution of this Act,

(b) discharging any loan contracted under this Act or any other loan

or debt for the repayment of which the Council is liable,

(c) making  good  any  deficit  in  budget  estimate,

(d) generally,  carrying  out  the  purposes  of  this  Act,  including  the

advance  of  loans  authorized  thereunder  :

Provided  that,—

(i) no loan shall be raised for the execution of any work other than
a  permanent  work,  which  expression  shall  include  any  work  of  which
the cost should, in the opinion of the State Government, be spread over
a term of years ;

(ii) no  loan  shall  be  raised  unless  the  State  Government  has
approved the terms on and the method by which the loan is to be raised
and  repaid ;

(iii) the  period  within  which  the  loan  is  to  be  repaid  shall  in  no
case exceed sixty years and, where a loan is raised for the repayment of
a  previous  loan,  the  period  within  which  the  subsequent  loan  is  to  be
repaid shall not extend beyond the unexpired portion of the period fixed
for the repayment of the original loan, unless the State Government so
directs,  and  shall  in  no  case  extend  beyond  the  period  of  sixty  years
from the date on which the original loan was raised.

(2) When  any  sum  of  money  has  been  borrowed  or  re-borrowed  under

sub-section  (1),—

(a) no  portion  thereof  shall,  without  the  previous  sanction  of  the
State Government, be applied to any purpose other than that for which
it  was  borrowed ;  and

(b) no  portion  of  any  sum  of  money  borrowed  or  re-borrowed  for
the execution of any work shall be applied to the payment of salaries or
allowances of any municipal officer or servant other than those who are
exclusively  employed  upon  the  work  for  the  construction  of  which  the
money  was  borrowed :

Provided  that,  such  share  of  the  cost  on  account  of  the  salaries  and
allowances  of  municipal  officers  and  servants  employed  in  part  upon  the
preparation  of  plans  and  estimates  or  the  construction  or  supervision  of  or
upon  the  maintenance  of  the  account  of  such  work  as  the  Council  may  fix
may be paid out of the sum so borrowed or re-borrowed.

90

When and how
loan shall be
repaid.

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

[1965 : Mah. XL

90D. Every loan raised by the Council under section 90C shall be repaid
within the time approved under proviso to sub-section (1) of the said section
and  by  such  of  the  following  methods  as  may  be  approved  under  the  said
proviso,  namely  :—

(a) by payment from a sinking fund established under section 90E

in respect of the loan ;

(b) by  equal  payments  of  principal  and  interest ;

(c) by  equal  payments  of  principal ;

(d) in the case of a loan borrowed before the appointed day by annual
drawings  if  such  method  was  in  operation  for  the  repayment  of  such
loan  immediately  before  such  day ;

(e) from any sum borrowed for the purpose under clause (b) of sub-

section (1) of section 90C; or

(f) partly from a sinking fund established under section 90E in respect
of the loan and partly from money borrowed for the purpose under clause
(b) of sub-section (1) of section 90C.

Maintenance
and
application of
sinking fund.

90E.

(1) Whenever  the  repayment  of  a  loan  from  a  sinking  fund  has
been sanctioned under the proviso to sub-section (1) of section 90C, the Council
shall establish such a fund and shall pay into it, on such dates as may have
been approved under the said proviso, such sum as will, with accumulations
of  compound  interest,  be  sufficient  after  payment  of  all  expenses  to  pay  off
the  loan  within  the  period  approved :

Provided that, if at any time, the sum standing to the credit of the sinking
fund  established  for  the  repayment  of  any  loan  is  of  such  amount  that  if
allowed to accumulate at compound interest, it will be sufficient to repay the
loan  within  the  period  approved,  then  with  the  permission  of  the  State
Government  further  payments  into  such  fund  may  be  discontinued.

(2) The  Council  may  apply  a  sinking  fund,  or  any  part  thereof,  in  or
towards  the discharge  of the  loan for  which  such fund  was established  and,
until such loan or part is wholly discharged, shall not apply the same for any
other  purpose.

Investment of
sinking fund.

90F.

(1) All money paid into a sinking fund shall within one month of
the date on which the payment was due to be made under sub­section (1) of
section  90E  be  invested  in  public  securities.

(2) All  interest  and  other  sums  received  in  respect  of  any  such
investment shall be paid into the sinking fund and shall, within one month of
receipt,  be  invested  in  the  manner  provided  by  sub-section  (1).

(3) Money  standing  to  the  credit  of  two  or  more  sinking  funds  may,  at
the discretion of the Council, be invested in a common fund and it shall not
be  necessary  for  the  Council  to  allocate  the  securities  held  in  such
investments  among  the  several  sinking  funds.

(4) Any investment made under sub-section (1) may be varied from time

to time or may be transferred from one sinking fund to another :

Provided  that,  the  fund  from  which  the  transfer  is  made  shall  be
reimbursed the value of such investment as on the date on which the transfer
is made.

1965 : Mah. XL]

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

91

(5) During the year in which the loan for the repayment of which a sinking
fund is establishment is due for repayment, the sum to be set apart as portion
of  the  principal  of  such  sinking  fund  and  the  sum  received  on  account  of
interest on moneys forming part of such sinking fund may be retained by the
Council in such form as it thinks fit.

90G.

(1) all  sinking  funds  established  or  maintained  under  this  Act
shall  be subject to annual examination by the Director, Local Fund Accounts
Audit,  who  shall  ascertain  whether  the  cash  and  the  value  of  the  securities
belonging  thereto  are  actually  equal  to  the  amount  which  should  be  at  the
credit of such funds had investments been regularly made and had the rate
of  interest  as  originally  estimated  been  obtained  therefrom.

Annual
examination
of sinking
funds.

(2) The amount which should be at the credit of a sinking fund shall be
calculated on  the basis of  the present value  of all future  payments required
to be made to such fund under the provisions of this Act, on the assumption
that all investments are regularly made and the rate of interest as originally
estimated  is  obtained  therefrom.

(3) The  securities  belonging  to  a  sinking  fund  shall  be  valued  for  the
purposes  of  this  section  at  their  current  market  value,  except  for  any  loan
raised  before  the  appointed  day  for  which  the  Council  is  liable,  which  shall
always be valued at par.

(4) The  Council shall  forthwith pay,  into  any sinking  fund any  amount
which  the  Director,  Local  Fund  Accounts  Audit  may  certify  to  be  deficient,
unless  the  State  Government  specially  sanctions  a  gradual  readjustment.

(5) If the cash and the value of the securities at the credit of any sinking
fund are in excess of the amount which should be at its credit, the Director,
Local Fund Accounts Audit shall certify the amount of such excess sum and
the Council may thereupon transfer the excess sum to the Municipal Fund.

(6) If any dispute arises as to the accuracy of any certificate made by the
Director,  Local  Fund  Accounts  Audit,  under  sub-sections  (4)  and  (5),  the
Council  may,  after making  the  payment  or  transfer,  refer the  matter  to  the
State  Government  whose  decision  shall  be  final.

90H.

In the case of all loans raised before the appointed day for which

the  Council  is  liable,  the  following  provisions  shall  apply :—

(a) if when such loans were raised, the loans were made repayable
from sinking funds, the Council shall pay into such funds such sums on
such dates as may have been fixed when the loans were raised ;

(b) all  securities  and  cash  held  on  the  date  immediately  preceding
the  appointed  day  in  sinking  funds  established  for  the  repayment  of
such  loans  shall  be  held  by  the  Council  as  part  of  the  sinking  funds
established  under  clause  (a) ;

(c) the provisions of section 90E shall apply to such sinking funds;

(d) if  when  any  such  loans  were  raised,  the  loans  were  made
repayable  by  equal  payments  of  principal  and  interest  or  by  equal
payments  of  principal  or  by  annual  drawings,  the  Council  shall  make

Provisions for
loans raised
before
appointed
day.

H 4109—14

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

[1965 : Mah. XL

such payments or annual drawings on such dates and in such manner as
may have been fixed when the loans were raised;

(e) the provisions of section 90I shall apply to such loans.

Attachment
of Municipal
Fund in
default of
repayment of
loan.

90I.

(1) If any money borrowed by the Council or any interest or costs
due in respect thereof is or are not repaid according to the conditions of the
loan, the State Government, if it has itself given the loan, may, and in other
cases shall, on the application of the lender, attach the Municipal Fund or a
portion  of  the  Municipal  Fund.

Annual
statement  to
be prepared
by Chief
Officer.

(2) After such attachment, no person, except an officer appointed in this
behalf  by  the  State  Government  shall,  in  any  way  deal  with  the  attached
Fund  or  portion  thereof,  but  such  officer  may  do  all  acts  in  respect  thereof
which  any  Municipal  authority,  officer  or  servant  might  have  done  if  such
attachment  had  not  taken  place  and  may  apply  the  proceeds  in  satisfaction
of  the  arrears  and  of  all  interest  and  cost  due  in  respect  thereof  and  of  all
expenses caused by the attachment and subsequent proceedings :   .

Provided that, no such attachment shall defeat or prejudice any debt for
which  the  Fund  or  portion  thereof  attached  was  previously  pledged  in
accordance  with  law,  and  all  such  prior  charges  shall  be  paid  out  of  the
proceeds  of  the  Fund  or  portion  thereof  before  any  part  of  the  proceeds  is
applied to the satisfaction of the liability in respect of which such attachment
is made.

90J.

(1) The  Chief  Officer  shall,  at  the  end  of  each  year,  prepare  a

statement  showing,—

(a) the  loans  borrowed  in  previous  years  for  which  the  Council  is
liable  and  which  have  not  been  completely  repaid  before  the
commencement of the year, with particulars of the amount outstanding
at the commencement of the year, the date of borrowing and the annual
loan  charges ;

(b) the  loans borrowed  by  the Council  in  the  year with  particulars
as to the amount and the date of borrowing and the annual loan charges ;

(c) in the case of every loan for  which a sinking fund is maintained,
the amount of accumulation in the sinking fund at the close of the year
showing separately the amount paid to the credit of the fund in the year ;

(d) the loans repaid in the year, and in the case of the loans repaid
in installments or by annual drawings, the amounts repaid in the year,
and the balance due at the close of the year ;

(e) the  particulars  of  securities  in  which  the  sinking  funds  have

been  invested  or  reserved  therefor.

(2) Every  such  statement  shall  be  laid  before  a  meeting  of  the  Council
and  shall  be  published  in  the Official  Gazette  and  a  copy  of  such  statement
shall  be  sent  to  the  State  Government  and  to  the  Accountant  General,
Maharashtra, Mumbai.]

Constitution
of Salary
Reserve
Fund.

91. Every  Council  shall  build  up  a  ‘  Salary  Reserve  Fund ’  within  a
period of three financial years by transferring annually on or before the 31st
day of December a sum equal to the total of one month’s salary and allowances

1965 : Mah. XL]

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

93

of all the officers and servants 1[working under the Council]. Neither during
the  period  of  three  years  aforesaid  nor  thereafter,  shall  it  be  competent  for
the Council to incur any expenditure from this fund, except with the previous
sanction of the Collector. The Collector may give his sanction if he is satisfied
that the proposed expenditure is for the payment of salaries and allowances,
and  cannot  be  incurred  from  the  unreserved  funds  of  the  Council.  Such
sanction  shall  further  be  subject  to  the  condition  that  no  expenditure  from
the  municipal  fund  shall  be  incurred  thereafter  except  for  the  purposes
specified  below  in  order  of  priority,  till  the  Salary  Reserve  Fund  is  fully
recouped  :—

(a) recoupment  of the  ‘ Salary  Reserve Fund ’  ;

(b) payment  of  salaries  and  allowances.  The  Collector  shall  also
prescribe the period and the monthly instalment by which the said fund
shall  be recouped,  which period  in no  case shall  exceed six  months.

2[91A.

(1) Every Council shall create and maintain a special fund called

“ the  Dry  Latrines  Conversion  Fund ”,  to  which  shall  be  credited—

Dry Latrines
Conversion
Fund.

(i) the proceeds of the special latrine tax levied under clause (e) of

sub­section (2) of section 105 ;

(ii) any grants or loans received from the State Government for the
conversion of dry latrines into wet latrines, of which a separate account
shall, however, be maintained  by the Council.

(2) The amount standing to the credit of this Fund shall be utilised only
for  the  purpose  of  conversion  of  dry  latrines  in  the  municipal  area  into  wet
latrines.]

92.

(1) No Council shall transfer any of its immovable property without

the  sanction  of  the  State  Government.

(2) A  proposal  of  such  transfer  shall  be  accompanied  by  resolution  of
the Council passed at a meeting by a majority of not less than two-thirds of
the total number of Councillors and shall in no way be inconsistent with the
rules made in this behalf by the State Government.

(3) Notwithstanding anything contained in sub-section (1), a Council may
lease its immovable property for a period not exceeding three years, and the
lessee  shall  not  be  allowed  to  make  any  permanent  constructions  on  such
immovable property.  Such lease  may be  renewed by  the Council  beyond the
period  of  three  years 3[****] SO, however,  that  the  total  period  of  any  lease
shall  not  exceed 4[nine  years].

No such lease or any renewal thereof shall be granted unless supported

by a resolution passed at a meeting of the Council.

5[92A. Subject to the rules, if any, made in this behalf, the Council may

transfer  any  of  its  moveable  properties.]

93.

(1) In  the  case—

(a) of every contract which will involve expenditure not covered by

a budget grant ;

1 These words were substituted for the words “ of the Council ” by Mah. 4 of 1974, s. 20.
2 Section 91A was inserted by Mah. 45 of 1975, s. 7.
3  The  words  “with  the  permission  of  the  Director”  were  deleted  by  Mah.  18  of  1993,

s. 17(a).

4 These words were substituted for this words “seven years” by Mah. 18 of 1993, s. 17(b).
5 This section was inserted by Mah. 18 of 1993, s. 18.

Provisions
regarding
transfer  of
municipal
property.

Transfer of
moveable
property.
Provisions
relating to
contracts and
tenders.

H 4109—14a

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

[1965 : Mah. XL

(b) of every contract the performance of which cannot be completed
within the official year current at the date of the contract, the sanction
of  the  Council  by  a  resolution  passed  at  an  ordinary  meeting  shall  be
necessary.
(2) (a) Every contract under or for any purpose of this Act shall be made

on behalf of the Council by the Chief Officer.

(b) No  such  contract  which  the  Chief  Officer  is  not  empowered  by  this
Act  to  carry  out  without  the  approval  or  sanction  of  some  other  municipal
authority shall be made by him until or unless such approval or sanction has
first of all been duly given.

(c) No  contract  which  will  involve  an  expenditure  exceeding 1[such
amounts  as  may  be  prescribed]  shall  be  made  by  the  Chief  Officer  of    ‘A’
Class,  ‘B’  Class  and  ‘C’  Class  Council,  respectively,  unless  otherwise
authorised in this behalf by the Council, except with the approval or sanction
of  the  Council.

(d) Every  contract  made  by  the  Chief  Officer  involving  an  expenditure
exceeding 2[75  per  cent.  of  the  limits  prescribed  under  clause  (c)  shall  be
reported  by  him  within  fifteen  days  after  the  same  has  been  made  to  the
Council.

(e) The foregoing provisions of this section shall apply to every variation

or discharge of a contract to the same extent as to an original contract.

(3) Every contract entered into by a Chief Officer on behalf of a Council
shall  be  entered  into  in  such  manner  and  form  as  would  bind  such  Chief
Officer if such contract were on his own behalf, and may in the like manner
and  form  be  varied  or  discharged :

Provided  that—

(a) where any such contract, if entered into by a Chief Officer, would
require to be under seal, the same shall be sealed with the common seal
of  the  Council ;

(b)  every  contract  for  the  execution  of  any  work  for  supply  of  any
materials  or  goods  which  will  involve  an  expenditure  exceeding 3[such
amounts  as  may  be  prescribed]  shall  be  in  writing  and  shall  be  sealed
with  the  common  seal  of  the  Council  and  shall  specify  the  work  to  be
done  or  the  materials  or  goods  to  be  supplied,  as  the  case  may  be,  the
price  to  be  paid  for  such  work,  materials  or  goods  and  in  the  case  of  a
contract for work, the time or times within which the same or specified
portions  thereof  shall  be  completed.
(4) The common seal of the Council shall not be affixed to any contract
or  other instrument  except  in the  presence  of two  members  of the  Standing
Committee  who  shall  attach  their  signatures  to  the  contract  or  instrument
in  token  that  the  same  was  sealed  in  their  presence.  The  signatures  of  the
said  members  shall  be  distinct  from  the  signatures  of  any  witnesses  to  the
execution  of  any  such  contract  or  instrument.

(5) A contract not executed in the manner provided in this section shall

not be binding on the Council.

1 These words were substituted for the letters, figures and word “Rs. 7500, Rs. 5000 and

Rs. 2,500” by Mah. 15 of 2012, s. 17(a)(1).

2 These figures, words, brackets and letter were substituted for the figures, words,
and letter “75 per cent. of the limits in clause (c) but not exceeding those
of 2012, s. 17(a)(2).
3 These words were substituted for the words “two thousand rupees” by Mah. 15 of 2012,
17(b).

brackets
limits” by Mah. 15

s.

1965 : Mah. XL]

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

95

(6) Except  as  is  otherwise  provided  in  sub-section  (2),  a  Chief  Officer,
shall  before  entering  into  any  contract  for  the  execution  of  any  work  or  the
supply of any materials or goods which will involve an expenditure exceeding
1[such amounts as may be prescribed] give notice by advertisement in a local
newspaper,  inviting  tenders  for  such  contract  :

Provided  that,  at  least  clear  seven  days  shall  be  allowed  to  elapse
between  the  date  of  the  publication  of  the  advertisement  in  the  newspaper
inviting tenders and the last date fixed for the receipt of tenders by the Chief
Officer.

(7) The Chief Officer shall not be bound to accept any tender which may
be made in pursuance of such notice, but may, with the approval of the Council,
accept any of the tenders so made which appears to him, upon a view of all
the circumstances, to be the most advantageous or may reject all the tenders
submitted to him.

(8) A Council, after obtaining the approval of the Collector, may authorise
the  Chief  Officer,  for  reasons  which  shall  be  recorded  in  its  proceedings,  to
enter into a contract without inviting tenders as herein provided or without
accepting  any tenders  which he  may  receive after  having invited  them.

(9) A  Chief  Officer  shall  require  security  for  the  due  performance  of
every  contract  into  which  he  enters  under  sub-section  (6)  and  may,  in  his
discretion,  require  security  for  the  due  performance  of  any  other  contract
into which he enters  under this Act.

94.

(1) No  officer  or  servant  of  a  Council  shall,  without  the  written
permission  of  the  Collector,  in  any  way  be  connected  with  or  interested  in
any bargain or contract made with the Council for any of the purposes of this
Act.

Bar  against
officers, and
servants being
interested in
contract.

(2) If any such officer or servant is so concerned or interested or, under
colour  of  his  office  or  employment,  accepts  any  fee  or  reward  whatsoever
other  than  his  proper  salary  or  allowances,  the  appropriate  authority  may
declare that he shall be incapable afterwards of holding or continuing in any
office  or  employment  under  the  Council.

(3) Nothing  in  this  section  shall  bar  a  prosecution  under  the  next

succeeding  section.

XLV
of
1860.

95.

(1) If  any  Councillor,  or  any  officer  or  servant  of  a  Council,  is,
without  the  written  permission  of  the  Collector,  directly  or  indirectly
interested  in  any  contract  made  with  such  Council,  he  shall  be  deemed  to
have committed an offence under section 168 of the Indian Penal Code.

(2) A Councillor or an officer or servant of a Council shall not, by reason
only of being a shareholder in, or a member of any company, or co-operative
society, be deemed to be interested in any contract entered into between the
company  or  the  society  and  the  Council.

Penalty   to
Councillors,
officers  and
servants  for
improper
interest  in
contracts, etc.

96.

(1) If any Councillor or an officer or servant of a Council makes or
directs to be made any payment or application of any money or other property
belonging  to  or  under  the  control  of  such  Council  to  any  purpose  not
authorised by or under this Act, or assents to, or concurs with or participates
in, any affirmative vote or proceeding relating thereto, he shall be individually
liable to such Council for the loss or damage caused thereby, unless he proves
that he acted in good faith and with due care and attention.

Liability of
Councillors,
officers and
servants for
loss, or
damage.

1 These words were substituted for the words “ten thousand rupees” by Mah. 15 of 2012, s. 17(c).

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 Maharashtra Municipal Councils, Nagar Panchayats
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[1965 : Mah. XL

Application
of municipal
property and
funds within
and without
the municipal
area.

(2) Every  Councillor or  officer  or  servant of  a  Council  shall be  liable  to
such  Council  for  the  loss  of  any  money  or  the  loss  of,  or  damage  to,  other
property belonging to it or under its control, if such loss or damage is a direct
consequence  of  his  negligence  or  misconduct.

(3) No suit shall be instituted by a council against any Councillor thereof
under sub-section (1) or sub-section (2), except with the previous sanction of
the  State  Government.

(4) Notwithstanding anything contained in sub-section (3), a suit under
sub­section (1) or sub-section (2) may be instituted by the State Government.

(5) No suit shall be instituted under this section after the expiration of

six years from the date when the cause of action arose.

97. The  municipal  fund  and  all  property  vested  in  a  Council  shall  be

applied for the purposes of this Act within its area :

Provided that, it shall be lawful for the Council with the sanction of the

Director or any officer duly authorised by him in this behalf—

(a) to incur expenditure in the acquisition of land or in the constructions,
maintenance,  repair  or  purchase  of  works  beyond  the  limits  of  its  area  for
the purpose of obtaining a supply of water required for the inhabitants of the
municipal  area  or  of  providing  the  supply  of  electrical  energy  or  gas  for  the
use of the inhabitants of the municipal area or of establishing slaughter­houses
or  places  for  the  disposal  of  night-soil  or  sewage  or  carcasses  of  animals  or
for  drainage  works  or  for  the  purpose  of  providing  mechanically  propelled
transport  facilities  for  the  conveyance  of  the  public  or  for  the  purpose  of
setting  up  of  dairies  or  farms  for  the  supply,  distribution  and  processing  of
milk or milk products for the benefit of the inhabitants of the municipal area,
or  for  any  other  purpose  calculated  to  promote  the  health,  safety  or
convenience of the inhabitants of the municipal area ; or

(b) to  make  a  contribution  towards  expenditure  incurred  by  any  other
local authority  or out  of any  public funds  for measures  affecting the  health,
safety  or  convenience  of  the  public  and  calculated  to  benefit  directly  the
residents  within  the  limits  of  the  contributing  Council  :

Provided  further  that,  nothing  in  this  section  or  in  any  other  provision
of this Act shall be deemed to make it unlawful for a Council when with such
sanction  as  aforesaid  it  has  constructed  works  beyond  the  limits  of  the
municipal  area  for  the  supply  of  water  or  electrical  energy  or  gas  or  for
drainage  as  aforesaid—

(i) to  supply  or  extend  to  or  for  the  benefit  of  any  persons  or  buildings
or lands in any place whether such place is or is not within the limits of the
municipal area, any quantity of water or electrical energy or gas not required
for  the  purposes  of  this  Act  within  the  municipal  area,  or  the  advantages
afforded by the system of drainage works on such terms and conditions with
regard  to  payment  and  to  the  continuance  of  such  supply  or  advantages  as
shall  be  settled  by  agreement  between  the  Council  and  such  persons  or  the
occupiers  or  owners  of  such  buildings  or  lands,  or

(ii) to incur any expenditure, on such terms with regard to payment as
may  be  settled  as  aforesaid,  for  the  construction,  maintenance,  repairs,  or
alteration of any connection pipes or any electric or gas supply lines or other
works  necessary  for  the  purpose  of  such supply  or  for  the  extension  of  such
advantages,

1965 : Mah. XL]

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97

(iii) to  make  contributions  towards  the  construction,  establishment  or
maintenance of institutions referred to in clause (t) of sub-section (3) of section
49, subject to the condition that the total of such contributions in any financial
year  shall  not  exceed  two  per  cent.  of  the  general  revenues  (excluding
Government  Grants) of  the  Council for  the  previous  financial year  :

Provided  that  such,  contributions  may,  with  the  prior  approval  of  the
State Government, exceed two per cent, but not five per cent. of such revenues.

98.

It  shall  not  be  necessary  for  a  Council  to  obtain  sanction  of  the
Director  under  the  last  preceding  section,  if  the  Council,  in  an  emergency,
decides  to  give  on  loan  its  fire  fighting  equipment,  road-roller,  bull-dozer  or
ambulance  car  to  any  other  local  authority  in  the  District.  The  terms  and
conditions  of  the  loan  shall  be  such  as  the  Council  and  the  borrowing  local
authority may mutually agree.

99.

(1) It shall be lawful for a Council to deposit, with the State Bank
of  India  or  such  other  Bank  as  may  hereafter  be  appointed  to  conduct  the
business of Government treasury or in any other scheduled bank or with the
sanction  of  the  State  Government  in  any  co-operative  bank  in  the  State  of
Maharashtra, 1[or to deposit with the State Government or with any statutory
Corporation  approved  by  the  State  Government]  any  surplus  funds  in  its
hands  which  may  not  be  required  for  current  charges,  and  to  invest  such
funds in public securities in the name of the Council, and from time to time,
to dispose of such securities as may be necessary.

(2) All  surplus funds  over and  above what  may be  required for  current
expenses,  unless  deposited  or  invested  as  provided  for  in  sub-section  (1),
shall  be  deposited  in  the  local  Government  treasury  or  such  other  place  of
security  as  may  be approved  by  the  Collector.

100. Subject to rules made under this Act, 2[the President may, on behalf
of a Council,] compromise any suit instituted by or against it, or any claim or
demand arising out of any contract entered into by it in accordance with this
Act for such sum of money or other compensation as shall be deemed sufficient.
3[When any  such compromise  is made, the  President shall  forthwith submit
to  the  Council  a  report  of  the  action  taken  by  him  indicating  therein inter
alia the  reasons  for  which  such  action  was  considered  necessary.]

Bom. II
of 1956.

5[100A. With effect from such date and in such municipal areas as the
State  Government  may,  by  notification  in  the Official  Gazette, specify,  the
Bombay  Government  Premises  (Eviction)  Act,  1955*  and  the  rules  made
thereunder,  from  time  to  time,  shall  apply mutatis  mutandis, to  municipal
premises in those areas as it applies to Government premises, subject to the
modifications  mentioned  in  Schedule  I  A.]

1 These words were inserted by Mah. 7 of 1986, s. 6.
2 These words were substituted for the words “a Council may” by Mah. 4 of 1974, s. 21(a).
3 This portion was added by Mah. 4 of 1974, s. 21(b).
4 The words “of Council” were deleted by Mah. 4 of 1974, s. 21(c).
5 Section 100A was inserted by Mah. 11 of 1983, s. 9.

*  Now,  the  short  title  of  the  Bombay  Government  Premises  (Eviction)  Act,  1955  was
amended  as  Maharashtra  Government  Premises  (Eviction)  Act  by  Mah.  XXIV  of  2012,
Schedule, with effect from the 1st May 1960.

Special
provision
regarding
loan of fire
fighting
equipment,
etc.

Power to
deposit and
invest
surplus
funds.

Power 4* to
compromise
suits.

Application
of
Government
Premises
(Eviction)
Act  to
municipal
premises,
with certain
modifications.

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 Maharashtra Municipal Councils, Nagar Panchayats
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[1965 : Mah. XL

CHAPTER  VIII

BUDGET AND ACCOUNTS

Budget.

101.

(1) The  Chief  Officer  shall  each  year 1[before  the  31st  day  of
December  prepare,  under  the  direction  of  the  President,  the  annual  budget
containing]—

(i) a statement showing the income and expenditure of the Council

for  the  previous  financial  year;

(ii) a statement showing the income and expenditure of the Council
from  the  1st  day  of  April  to  the  30th  day  of  November  of  the  financial
year  then  current  and  an  estimate  of  the  income  and  expenditure  for
the  remaining  portion  of  the  current  year,

2[(iii) two  estimates  of  the  income  and  expenditure  of  the  Council
during the ensuing financial year and an estimate of the closing balance
in the municipal fund at the end of the current year, as follows, namely :—

(a) an  estimate  ‘A’  of  income  and  expenditure  of  the  Council  for

the  purposes of  Chapters  other than  Chapters  XIII and  XIV ;

(b) an  estimate  ‘B’  of  income  and  expenditure  of  the  Council  for
the  purposes  of  Chapters  XIII  and  XIV,  in  which  the  Chief  Officer
shall,—

(i) propose with reference to the provisions of Chapter IX such
rates  and  extent  of  such  municipal  taxes  as  he  thinks  fit  for  the
purposes  of  Chapter  XIII  and  XIV ;

(ii) state  the  estimate  of  receipt  of  the  aforesaid  taxes  or  of

any  other  receipts ;

(iii) provide for payment as they fall due, of all sums and of all
installments of principal and interest for which the Council may be
liable  under  this  Act  in  respect  of  matters  falling  under  Chapter
XIII and XIV ;

(iv) provide  for  such  expenditure,  if  any,  as  he  considers
necessary to be incurred by the Council in the next ensuing financial
year for the purposes of Chapters XIII and XIV:]

3[Provided  that  a  separate  estimate  of  the  income  and
expenditure  of  the  Council  during  the  ensuing  financial  year  in
respect of the services, under Chapter XIII and Chapter XIV, shall
be  prepared  ;]

(iv) proposals for any change in the taxes, fees or other charges

to be levied for the ensuing year.

4[(1A)  The  Chief  Officer  shall,  while  preparing  the  statement  referred
to in clause (i) of sub-section (1) append thereto a report indicating whether
the following services were being provided in a subsidised manner and, if so,
the extent of the subsidy, the source from which the subsidy was met and the

1 This portion was substituted for “on or before the 31st day of December prepare and place
before the Standing Committee” by Mah. 4 of 1974, s. 22(1)(a).
2 Clause (iii) was substituted by Mah. 15 of 2012, s. 18(a).
3 This proviso was added by Mah. 41 of 1994, s. 148(a).
4 Sub-section (1A) was inserted by Mah. 41 of 1994, s. 148(b).

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sections  or  categories  of  the  local  population  who  were  the  beneficiaries  of
such subsidy, namely :—

(a) water  supply  and  disposal  of  sewage,

(b) scavenging,  transporting  and  disposal  of  wastes,

(c) municipal  transport,  and

(d) street  lighting.

Explanation.—A  service  shall  be  construed  as  being  provided  in  a
subsidised manner if its total cost, comprising the expenditure on operation
and  maintenance  and  adequate  provision  for  depreciation  of  assets  and  for
debt servicing, exceeds the income relatable to the rendering of that service.]

(2) Such statements and estimates shall be prepared under such heads
of  account  in  such  form  as  may  be  prescribed  under  the  Municipal  Account
Code framed under sub-section (1) of section  102.

1[(2A) The  President  shall  on  or  before  the  31st  day  of  December  place
before  the  Standing  Committee  the  budget  prepared  under  sub-sections  (1)
and (2) and call a meeting of the Standing Committee on or before the 15th
day  of  January  to  consider  the  said  budget.  No  business  other  than
consideration of the budget shall be transacted at such meeting which shall
be continued, if necessary, from time to time, upto the 31st day of January.

(2B) If  the  President  fails  to  place  the  budget  before  the  Standing
Committee or call a meeting of that Committee by the dates specified under
sub-section (2A), the Collector shall, on receipt of an intimation to that effect
from  the  Chief  Officer  or  a  Councillor,  or suo  motu, cause  the  budget  to  be
prepared  and  placed  before  the  Standing  Committee  through  the  Chief
Officer,  as  soon  as  possible,  at  a  meeting  called  by  the  Collector  for  that
purpose.]

(3) The  Standing  Committee  shall  consider  the  estimates  and  the
proposals  of  the  Chief  Officer  and  submit  them  to  the  Council  with  such
recommen-dations as it may deem fit to make, before the 31st day of January :

Provided  that,  if  the  Standing  Committee  fails  to  make  its
recommendations  before  the  31st  day  of  January,  the  President  shall  place
the  statements  and  estimates  before  the  Council  without  the
recommendations  of  the  Standing  Committee.

(4) The  Council  shall  consider  the  estimates  prepared  by  the  Chief
Officer  and  the  recommendations  of  the  Standing  Committee,  if  any,  and
adopt the budget estimates with or without modifications not later than the
28th day of February:

2[Provided  that,  when  a  Council  is  indebted  to  Government  or
Government has guaranteed any loan raised by a Council in the open market
or otherwise, the budget of the Council shall be adopted only with the previous
sanction of the Collector who shall accord such sanction strictly in accordance
with  the  general  or  special  directions  of  the  Director  in  this  behalf]:

1 Sub-sections (2-A) and (2-B) were inserted by Mah. 4 of 1974, s. 22(i)(b).
2 This proviso was substituted by Mah. 18 of 1993, s. 20(a).

H 4109—15

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[1965 : Mah. XL

Provided  further  that,  nothing  in  the  first  proviso  shall  be  deemed  to
prevent the Council during first quarter of the financial year or till the budget
is sanctioned whichever is earlier, from paying from its municipal fund, cost
of  the  sanctioned  establishment  and  contingencies  :

1[Provided also that, if the Council fails to adopt the budget on or before
the 28th day of February, the President shall forthwith submit the budget to
the 2[Collector]  for  his  approval.  The 2[Collector]  shall,  within  thirty  days
from its receipt, approve such budget with or without modifications, or return
it  to  the  President,  with  such  direction  as  he  may  think  fit  to  give,  for
reconsideration.  When  any  such  budget  is  approved  by  the 2[Collector]  it
shall be  deemed to  have been  duly sanctioned.]

(5) No budget shall be approved by the Council unless provision is made

therein—

(a) for the payment as they fall due of all sums and of all instalments
of principal and interest for which the Council may be liable under this
Act or any other law for the time being in force ;

(b) for the payment of contribution to the special funds constituted
under this Act such as the Salary Reserve Fund and 3[The consolidated
Water  Supply  and  Sewage  Disposal  Project  Fund  and  the  Water  and
Sewage Fund established under sections 90A and 90B] Fund;

(c) for  the  payment  of  salaries  and  allowances  of  the  officers  and

servants 4[working  under  the  Council];

5[(ca) for an amount equal to such per cent. of the estimated current
revenues  of  the  Council  as  the  State  Government  may,  by  general  or
special order, directs for improving the living and working conditions of
its sanitary staff;]

(d) for a minimum cash balance at the end of the year (exclusive of
the  balance,  if  any,  in  any  statutory  fund)  of  such  amount  as  may  be
prescribed  by  rules  by  the  State  Government.

(6) The  budget  so  sanctioned  may  be  varied  or  altered  by  the  Council,

from time to time, as circumstances may render desirable :

Provided  that,  the  Standing  Committee  or  any  other  Committee
appointed  under  this  Act  may  within  the  budget  so  sanctioned,  sanction
reappropriations not exceeding such limits as may in respect of each class of
Council  be  prescribed  by  rules,  from  one  sub-head  to  another  or  from  one
minor  head  to  another  under  the  same  major  head  and  controlled  by  the
same  Committee.  A  statement  of  such  reappropriations  shall  be  submitted
to the Council at its next meeting :

1 This proviso was inserted by Mah. 4 of 1974, s. 22(1)(c).
2 This word was substituted for the word “Director” by Mah. 18 of 1993, s. 20(b).
3  These  words,  figures  and  letters  were  substituted  for  the  words  “Water  Supply  Reserve

Fund” by Mah. 15 of 2012, s. 18(b).

4  These  words  were  substituted  for  the  words  “of  the  Council”,  by  Mah.  4  of  1974,

s. 22(1)(d).

5 Clause (ca) was inserted by Mah. 45 of 1975, s. 8.

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101

Provided  further  that,  no  such  reappropriations  shall  be  done  from  the
amounts earmarked towards the repayment of any loan and interest thereon
and  towards  contributions  to  any  fund  or  funds  constituted  under  the
provisions  of  this  Act.

(7) (a) Save in an emergency, no sum shall be expended by or on behalf
of any Council unless such sum is included in the budget for the time being in
force.

(b) If any sum which is not so included in the budget, is expended in an
emergency  ;  the  circumstances  in  which  such  sum  was  expended  shall
forthwith  be  reported  by  the  President  to  the  Council  and  the  Collector,
with  an  explanation  of  the  way  in  which  it  is  proposed  to  cover  such  extra
expenditure.

102.

(1) Accounts  of  the  receipts  and  disbursements  of  every  Council
shall be kept in accordance with the rules contained in the Municipal Account
Code  prescribed  by  the  State  Government  and  shall  be  placed  before  the
Council  in  the  prescribed  manner.

Municipal
accounts.

(2) After the end of each official year the Chief Officer shall arrange to
get prepared, and if so required by section 104 get audited by the Municipal
Auditor, the accounts of the Council for the year and shall place them before
the Council not later than the 30th day of June of the following year.

(3) An abstract of the annual accounts as passed by the Council showing
the  receipts  and  disbursements  of  the  municipal  fund  under  each  head  of
receipt and disbursement, the charges for establishment, the balance, if any,
of the fund remaining unspent, and such other information as may be required
by the State Government shall be forwarded by the Council to the Director,
not later than the 31st day of July of the next financial year.

103. The  quarterly  and  annual  accounts,  receipts  and  disbursements,
and  the  budget  when  sanctioned,  shall  he  open  to  inspection  by  any  adult
inhabitant  in  the  municipal  area.  A  note  to  that  effect  that  a  statement  of
such  accounts  and  the  budget  are  so  kept  for  inspection  shall  fee  published
in  the  local  newspapers.

Publication of
accounts.

Bom.
XXV
of
1930.

104.

(1) The  provisions  of  the  Bombay  Local  Fund  Audit  Act,  1930,
shall  apply  to  the  audit  of  accounts  of  every  Council,  subject  to  the
modification  that  the  powers  conferred  and  duties  imposed  by  that  Act  on
the  Commissioner  may  in  regard  to  such  audit  be  exercised  and  performed
also  by  the  Director.

Audit of
accounts.

(2) In  addition  to  the  audit  provided  for  under  the  provisions  of  the  said

Act—

(a) an  ‘A’  Class  or  ‘ B ’  Class  Council  shall  make  arrangements  for  the
audit of its accounts by a Municipal Auditor at such intervals and in such
manner as may be prescribed ;

(b) a ‘ C ’ Class Council may, or if so required by the State Government
shall, make arrangements for the audit of its accounts at such intervals in
such manner and by such agency as may be prescribed.

(3) The  auditor  shall,  for  the  purposes  of  audit  have  access  to  all  the

accounts  and  relevant  records  of  the  Council.

H 4109—15a

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[1965 : Mah. XL

CHAPTER  IX

MUNICIPAL TAXATION.

(1) Imposition  of  compulsory  and  voluntary  taxes.

105.

(1) Subject  to  any  general  or  special  orders  which  the  State
Government  may  make  in  this  behalf,  a  Council  shall  impose,  for  the
purposes of this Act, the  taxes listed below :—

(a) a consolidated property tax on lands or building or both situated
within  municipal  area,  based  on  their  rateable  value 1[or  their  capital
value,  as  the  case  may  be,]  and  determined  in  accordance  with  section
114 ;

2[(aa) a cess on entry of goods into the limits of the municipal area

for consumption,  use or  sale therein  ;]

(b) 3*

4*

*

*

*

*

*

*

*

*

5[(d) a  tax  on  cinemas,  theatres,  circuses,  carnivalas  and  other

performance  and  show  ;]

(e) a  tax  on  advertisements  other  than  advertisements  published

in  the  news  papers :

Provided  that,  the  maximum  and  minimum  rates  at  which  the  taxes
aforesaid  shall  be  levied  in  different  classes  of  municipal  areas  and  other
matters relating to imposition, assessment, collection and exemptions thereof
shall be such as may be prescribed by rules :

6[Provided  further  that  the  consolidated  property  tax] 7[or  all  or  any  of

the property taxes] may be imposed on a graduated scale:]

8[Provided  also  that,  the  Council  may  determine  different  rates  of  tax

for different categories of users of a building or land or a part thereof.]

(2) The  consolidated  tax  on  property  shall  include—

(a) a general tax ;

(b) a general water tax ;

(c) a lighting tax ;

(d) a general sanitory tax ;

1 These words were inserted by Mah. 10 of 2010, s. 85(1)(a).

2 Clause (aa) was inserted by Mah. 32 of 2003, s. 3.

3 Clause (b) was deleted by Mah. 31 of 1999, s. 4.

4 Clause (c) was deleted by Mah. 16 of 1975, Schedule II.

5 Clause (d) was substituted for the original by Mah. 14 of 1965, s. 7.

6 This proviso was added by Mah. 41 of 1994, s. 149.

7 These words were inserted by Mah. 10 of 2010, s. 85(1)(b).

8 The proviso was added by Mah. 27 of 2010, s. 16.

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103

1[(e) a special latrine tax] ;

2[(f) a fire tax] ;

3[(g) an environment  tax] ;

4[(h) Water  benefit  tax  ;

(i) Sewerage  benefit  tax  ;

(j) Street  tax]  ;

5[(3) For the purposes of levy of property taxes, the expression “building”

includes flat, a gala, a unit or any portion of buildings.

(4) Notwithstanding  anything  contained  in  any    other  provisions  of
this Act,  the Council may  pass a resolution  to adopt  levy of property  tax on
buildings and lands within the municipal area on the basis of capital value of
the  buildings  and  lands  on  and  from  such  date,  and  at  such  rates,  as  the
council  may determine  in  accordance  with the  provisions  of  this Act  :

Provided that, for the period of five years from the date from which such

property tax is  levied on capital value, the tax  shall not exceed,—

(i) in  respect  of  building  used  for  residential  purposes,  two  times,  and

(ii) in  respect  of  builiding  or  land  used  for  non-residential  purposes,

three  times,

the  amount  of  the  property  tax  leviable  in  respect  thereof  in  the  year

immediately  proceeding  such  date  :

6[Provided  further  that,  where  the  property  taxes  levied  in  respect  of
any  residential  or  non-residential  building  or  portion  thereof  were  on  the
basis of annual letting value arrived at considering leave and licence charges,
by  whatever  name  called,  then  for  the  purposes  of  the  first  proviso,  it  shall
be  lawful  for  the  Chief  Officer  to  ascertain  such  tax  leaviable  during  such
immediately  preceding  year  as  if  such building  or  portion  thereof  were  self-
occupied and  had been  so entered  in the  assement book:]

Provided 7[also]  that,  the  property  tax  levided  on  the  basis  of  capital
value  of  any  buildings  or  lands  on  revision  made  under  sub-section  (3)  of
section 114 shall not in any case exceed forty per centum of the amount of the
property  tax  payable  in  the  year  immediately  preceding  the  year  of  such
revision  :

1 Clause (e) was inserted by Mah. 45 of 1975, s. 9.
2 Clause (f) was added by Mah. 26 of 1990, s. 4.
3 Clause (g) was added by Mah. 18 of 1993, s. 21.
4 Clauses (h) to (j) were added by Mah. 15 of 2012, s. 19.
5 Sub-sections (3) to (5) were added by Mah. 10 of 2010, s. 85(2).
6 This proviso was added by Mah. 11 of 2011, s. 14(a).
7 This word was substituted for the word “further” by Mah. 11 of 2011, s. 14(b).

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and Industrial Townships Act, 1965

[1965 : Mah. XL

Provided  also  that,  for  the  period  of  five  years  commencing  from  the
year  of  adoption  of  capital  value  as  the  base,  for  levy  of  property  tax  under
this sub-section, the amount of property tax leviable in respect of a residential
building  or  residential  tenement,  having  carpet  area  of  46.45  sq.  meters
(500 sq. feet) or less, shall not exceed the amount of property tax levied and
payable in the year immediately preceding the year of such adoption of capital
value as the basis.

Explanation.— For the purposes of this section, after the Council adopts
the  capital  value  as  the  basis  of  levy  of  property  tax,  the  property  tax  in
respect of any taxable building shall be revised after every five years and on
each such revision, such amount of property tax, shall not in any case exceed
the  forty  per  cent.    of  the  amount  of  the  property  tax  levied  and  payable  in
the  year  immediately  preceding  the  year  of  the  revision.

(5) Save  as  otherwise  provided  in  this  Act,  it  shall  be  lawful  for  the
Council to continue to levy all or any of the property taxes or the consolidated
tax on property on the basis of rateable value of lands and buildings until the
Council  adopts  levy  of  any  or  all  the  property  taxes  or  the  consolidated  tax
on property on such lands and buildings on the basis of capital value thereof
under  sub-section  (4).]

Loss of
income from
tax due to
exemption to
be reim-
bursed by
Government.

106.

If under any special or general order issued under sub-section (1)
of  the    last  preceding  section,  the  State  Government  grants  exemption  in
respect of any class of property or persons from levy of the taxes specified in
sub-sections  (1)  and  (2)  of  that  section,  the  State  Government  may  under
appropriation  duly  made  by  law  in  this  behalf,  annually  reimburse  to
the  Council concerned  and amount  approximately equal  to the  loss that  the
Council  there  incurs.    The  decision  of  the  State  Government  regarding—

(i) the mode of assessing the loss ; and

(ii) the  amount  of  loss  incurred  by  each  Council  concerned  each

year, shall be final.

1[106 A.

(1) Notwithstanding anything contained in section 105 or any

other  provisions  of  this  Act,  whenever—

(a) a new 2[smaller urban area] is declared under sub-section (1) of
section 3 comprising, wholy or partly, of an area of a Zilla Parishad ; or

Temporary
provision
for levying
general tax
at reduced
rate in area
of Zilla
Parishad
included in
3[a smaller
urban
area.]

1 Section 106A was inserted by Mah. 18 of 1993, s. 2.
2  These  words  were  substituted  for  the  words  “municipal  area”  by  Mah.  41  of  1994,

s. 150(a).

3 These words were substituted for the words “a municipal area” by Mah. 41 of 1994, s. 150(b).

1965 : Mah. XL]

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

105

(b) the  limits  of  a 1[smaller  urban  area]  are  altered  under  clause
(a) of sub-section (1) of section so as to include any area of Zilla Parishad,
then the general tax shall be levied on buildings and lands in the former
Zilla Parishad area during the period specified in column 2 of the Table
hereto  appended  at  the  amounts  specified  against  them  in  column  3
thereof, and such amounts shall not be liable to be increased under sec-
tion 147 or any other provisions of this Act during the said periods.

Serial
No.
(1)

1

TABLE

Period

(2)

Period  from  the  date  of  inclusion
of the area in the 1[smaller urban
area]  upto  and  inclusive  of  31st
March  of  the  second  year
following  the  year  in  which  the
area  is  included  in  the 1[smaller
urban area].

Bom. III
of Mah.
V of
1962.

2

Period  of  one  year  following  the

period  referred  to  in  entry  1.

3

Period  of  one  year  following  the

period  referred  to  in  entry  2.

4

Period  of  one  year  following  the

period  referred  to  in  entry  3.

Amount of general tax

(3)

The  amount  calculated  at  the
rate  for  tax  on  lands  and
buildings  payable  in  the  are
immediately    before  the
inclusion  in  the 1[smaller
urbun  area],  under  clause  (i)
of  sub-section  (1)  of  section
124  of  the  Bombay  Village
Panchayats  Act,  1958*,  or
clause (e) of section 157 of the
Maharashtra Zilla Parishads
and  Panchayat  Samitis  Act,
1961,  as  the  case  may  be
(hereinafter  in  this  Table
referred to as “the amount of
tax  payable  in  the Zilla
Parishad area”].

20  per  cent  of  the  amount  of
general  tax  payable  in  the
1[smaller  urban  area]  or  the
amount of tax payable in the
Zilla  Parishad  area,  which-
ever  is  more.

40  per  cent  of  the  amount  of
general  tax  payable  in  the
1[smaller  urban  area]  or  the
amount of tax payable in the
Zilla  Parishad  area,  which-
ever  is  more.

60  per  cent  of  the  amount  of
general  tax  payable  in  the
1[smaller  urban  area]  or  the
amount of tax payable in the
Zilla  Parishad  area,  which-
ever  is  more.

1 These  words  were  substituted  for  the  words  “municipal    area”  by  Mah.  41  of  1994,

s. 150 (a).

* The short title was amended as “the Maharashtra Village Panchayats Act” (III of 1959) by

Mah. XXIV of 2012, Schedule with effect from the 1st May 1960.

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[1965 : Mah. XL

TABLE—Concld.

Serial
No.
(1)

Period

(2)

5

Period  of  one  year  following  the

period  referred  to  in  entry  4.

6

Any  period  after  the  expiry  of the

period referred to in entry 5.

Amount of general tax

(3)

80  per  cent  of  the  amount  of
general  tax  payable  in  the
1[smaller  urban  area]  or  the
amount of tax payable in the
Zilla  Parishad  area,  which-
ever  is  more.

The  same  amount  of  general
tax as in force and payable in
the  general  tax  as  in  force
and payable in the remaining
area  of  the 1[smaller  urban
area].

(2) The  Council  shall  spend  at  least  one-third  of  the  per-capita
expenditure  incurred  in  the  municipal  area  for  the  year  immediately
preceding the year of inclusion of the Zilla Parishad area or any such higher
amount  as may be convenient on development works in the newly included
area    for  the  period  mentioned  in  entries  1  to  5  in  the  Table  in  sub-section
(1)].

Temporary
provisions in
respect of
property tax on
capital value.

2[106B.

(1) Where  a  Council  passes  a  resolution  to  adopt  levy  of
property taxes on buildings and lands in the municipal area, on the basis of
capital value of buildings and lands, notwithstanding anything contained in
any  other  provisions  of  this  Act,  the  following  provisions  shall  apply  in  the
official year in which such tax on the basis of capital value of buildings and
lands is levied, namely :—

(i) until the capital value of the buildings and lands in the municipal
area are fixed, the tax leviable and payable in respect of such buildings
and lands shall provisionally be equal to the amount of tax leviable and
payable  in  the  preceding  year  and  it  shall  be  lawful  for  the  Council  to
issue a provisional bill for tax accordingly ;

(ii) on  fixation  of  the  capital  value  of  the  buildings  and  lands,  the

Council shall issue a final bill of assessment of property taxes ;

(iii) after such final assessment, if it is found that the assessee has
paid  excess  amount,  such  excess  shall  be  refund  within  three  months
from  the date  of issuing  the final  bill,  alongwith interest  from the  date
of  final  bill,  or  after  obtaining  the  consent  of  the  assessee,  shall  be
adjusted  towards  payment  of  property  taxes  due,  if  any,  for  the
subsequent years ; and if  the amount of tax on final assessment is more
than the amount of tax already paid by the assessee, the difference shall
be  recovered  from  the  assessee.

1 These  words  were  substituted  for  the  words  “municipal  area”  by  Mah.  41  of  1994,

s. 150(a).

2 Section 106B was inserted by Mah. 11 of 2011, s. 15.

1965 : Mah. XL]

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

107

(2) The  provisions  of  this  section  shall  cease  to  operate  after  expiry  of
the official year in which the Council has decided to levy property tax on the
basis of capital value of buildings and lands.]

107.

If  a  ‘C’  Class  Council,  by  a  resolution  passed  at  a  meeting  by  a
majority  of  not  less  than  two-thirds  of  the  total  number  of  the  Councillors
decides that, for reasons to be specified in such resolution it cannot levy and
of    the  taxes  specified  in  sub-sections  (1) and  (2)  of  section  105,  the  State
Government  may  exempt  such  Council    partially  or  fully  from  levying  such
tax  or  taxes  for  a  period  to  be  specified  by  the  State  Government  in  that
behalf. The Council shall not in such a case be entitled to any reimbursement
of  losses  as  provided  in  the  last  preceding  section.

Provision for
exempting
‘C’ Class
Councils
from levying
certain
taxes
temporarily.

Other
taxes
which
Council
may
impose.

108. Subject  to  any  general  or  special  order  which  the  State
Government may make in this behalf, a Council may impose, for the purposes
of this Act any of the following taxes, namely :—

(a) a tax on all vehicles (excluding motor vehicles as defined in the
*(Motor Vehicles Act, 1939), boats or animals used for riding, draught or
burden  and  kept  for  use  within  the  municipal  area,  whether  they  are
actually kept within or outside such area ;

(b) a tax on vehicles 1[excluding motor vehicles save as provided in
section 20 of the* Bombay Motor Vehicles Tax Act, 1958)]  and animals
used as aforesaid, entering the municipal area but not liable to taxation
under clause (a) ;

(c) a tax on dogs kept within the municipal area ;

(d) a  special  sanitary  tax  upon  private  latrines,  premises  or
compounds cleaned by municipal agency, after notice given as hereinafter
required  ;

(e) a drainage tax ;

(f) a special water tax for water supplied by the Council in individual
cases,  charges  for  such  supply  being  fixed  in  such  mode  or  modes  as
shall be  best suited to  the varying circumstances of  any class or  of any
individual  case  ;

(g) a  tax  on  pilgrims  resorting  periodically  to  a  shrine  within  the

limits of the Council ;

(h) a special educational  tax ;

(i) any  other  tax 2[not  being  a  tax  on  professions,  trades,  callings
and  employments]  which  under  the  Constitution  of  India  the  State
Legislature has power to impose in the State :

* Now see the Motor Vechicles Act, 1988 (59 of 1988).
1 These brackets, words and figures were inserted by Mah. 43 of 1969, s. 17.
2 These brackets and words were inserted by Mah. 16 of 1975, Schedule II.
* The short title was amended as “the Maharashtra Motor Vehicles Tax Act (LXV of 1958),  by

Mah. XXIV of 2012, Schedule, entry 69, with effect from the 1st May 1960.

H 4109—16

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and Industrial Townships Act, 1965

[1965 : Mah. XL

Provided  that,  no  special  sanitary  tax  in  respect  of  private  latrines,
premises  or  compounds  shall  be  levied,  unless  and  until  the  Council
has—

(i) made  provision  for  the  cleansing  thereof  by  manual  labour,  or
for  conducting  or  receiving  the  sewage  thereof  into  municipal  sewers,
and

(ii) issued either severally to the persons to be charged, or generally
to  the  inhabitants  of  the  municipal  area  or  part  thereof  to  be  charged
with  such  tax,  one  month’s  notice  of  the  intention  of  the  Council  to
perform such cleansing and to levy such tax.

Fees.

1[108A. Subject  to  any  general  or  special  orders  which  the  State
Government may issue in this behalf, a Council may impose, for the purpose
of this Act, the following fees, namely :—

Procedure
preliminary
to imposing
tax under
section 108
3[and fees
under
section
108A].

(a) a  parking  fee  for  the  parking  of  vehicles  on  public  streets  and
public places, at different rates for different vehicles, for different areas
or            localities  or  parts  thereof,  for  different  periods,  as  may  be
determined by the Council by bye-laws ;

(b) a fee for the use of public streets  and pavement spaces for which
a licence may be granted by the Council, at different rates for different
areas or localities or parts thereof as may be determined by the Council
by bye-laws].

109. A Council  before imposing any of  the taxes referred to  in section
108 2[and  fee  referred  to  in  section  108A]  shall  observe  the  following
preliminary  procedure  :—

(a) it shall, by resolution passed at a special meeting, select for the
purpose one or other of the taxes specified in that section and  approve
the bye-laws concerning the tax selected, and in such bye-laws specify—

(i) the  classes  of  persons  or  of  property  or  of  both,  which  the
Council proposes to make liable, and any exemptions which it proposes
to          make ;

(ii) the  amount  or  rate  at  which  the  Council  proposes  to  asses

each such class ;

(iii) the mode of levying and recovering the tax and the  dates on

which it or instalments (if any) thereof shall be payable ;

(iv) all other matters which the State Government by rules made

in this behalf may require to be specified therein ;

(b) when such a resolution is passed, the Council shall take further
action  to  obtain  the  previous  sanction  of  the  State  Government  to  the
bye-laws  under  section  322.

1 Section 108A was inserted by Mah. 41 of 1994, s. 151.
2 This portion was inserted,  Mah. 41 of 1994, s. 152 (a).
3 These words were added, Mah. 41 of 1994, s. 152 (b).

109

Discretionary
tax when
sanctioned not
to be
abolished
without
previous
sanction of
Government.

Local publica-
tion of bye
laws relating
to taxes, with
notice.

1965 : Mah. XL]

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

110. After  the  bye-laws  in  respect  of  any  discretionary  tax  are
sanctioned  by  the  State  Government  under  the  last  preceding  section,  such
tax shall be brought into force on or after a date to be specified by the State
Government  in its  sanction. Such  a tax  shall  not then  be abolished  without
the  previous  sanction  of  the  State  Government.

111.

1[The bye-laws referred to in sections 109 and 110, as sanctioned
and published in the Official Gazette, shall be displayed by the Council on its
notice board  in the municipal  office. The Council  shall also publish  a notice
in the prescribed from in  local news paper informing the inhabitants of the
municipal  area  of  the  subject  matter  of  the  bye-laws  so  displayed  and  the
date  on  which  they  shall    come  into  force.  Such  date  shall,  however,  be  not
less than thirty days from the date of publication of such notice :]

Provided  that,—

(a) a tax leviable by the year shall not come into force except on one
of  the  following  days,  namely  the  first  day  of  April,  the  first  day  of  July,
the  first  day  of  October  or  the  first  day  of  January  in  the  year  ;  and  if  it
comes  into  force  on  any  day  other  than  the  first  day  of  April,  it  shall  be
leviable by the quarter till the first day of April then next ensuing.

(b) if levy of a tax, or a portion of a tax, has been sanctioned for a fixed
period only, the levy shall cease at the conclusion of that period, except so
far as regards recovery of arrears which may have become due during that
period.

112.

(1) Notwithstanding  any  rule,  bye-law  or  resolution  specifying
the amount or rate at which a tax is leviable, a Council may, by a resolution
passed at a special meeting, decide to increase or reduce the amount or rate
at  which  such  tax  is  leviable  and  to  that  extent  the  bye-laws  already
sanctioned  by the  State  Government  shall be  deemed  to  have been  suitably
amended  with  effect  from  the  date  specified  in  the  notice  referred  to  under
sub-section (2) :

Council may
vary rate of
tax within
prescribed
limits.

Provided  that,—

(a) such  increase  or  reduction  shall  be  within  the  maximum  and
minimum limits fixed in respect of such tax under 2[the provisions of this
Act or of the rules] ;

3*

*

*

*

*

(2) When  a  Council  has  by  a  resolution  decided  to  increase  or  reduce
the amount or rate at which any tax is leviable, the Council shall publish in
the  municipal  area  the  resolution  together  with  notice  specifying  a  date,
which shall not be less than thirty days from the date of publication of such
notice,  from  which  the  amount  or  rate  at  which  any  tax  is  leviable  shall  be

1 This portion was substituted by Mah. 45 of 1975, s. 10.
2 These words were inserted by Mah. 10 of 2011, s. 86.
3 Paragraph (b) was deleted by Mah. 45 of 1975, s. 11.

H 4109—16a

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

[1965 : Mah. XL

Appointment
of authorised
Valuation
Officer.

Rateable value
how to  be
determined.

increased or reduced. The tax at the amount or rate so increased or reduced
shall  be  leviable  from  the  date  specified  in  such  notice. 1[When  the  rate  at
which any tax is leviable is increased by publication of the resolution under
this  section,  it  shall  not  be  necessary  to  give  any  separate  notice  thereof  to
the  owners  or  occupiers  of  the  properties  affected  thereby.]

(2) Assessment and liability to tax on buildings and lands

113.

(1) The  State  Government  may  by  notification  in  the Official

Gazette,—

(a) appoint  such  officers  of  the  Town  Planning  and  Valuation
Department  as  it  thinks  fit  to  be  authorised  Valuation  Officers  for  the
purposes of this  Act; and

(b) define the municipal areas within which such officers shall exercise
the  powers  conferred  and  perform  the  duties  imposed  upon  them  by  or
under  this  Act.

(2) Each  Council  shall  every  year  pay  to  the  State  Government  such
sum  out  of  its  revenue  for  the  services  rendered  or  to  be  rendered  in  that
year by any authorised Valuation Officer or Officers for its purposes, as the
State  Government  may  by  general  or  special  order  determine.

(3) Till  such  time  as  an  authorised  Valuation  Officer  is  appointed  for
any  municipal  area,  the  powers  conferred  and  duties  imposed  by  or  under
this Act on such officer shall in that area be exercised and performed by the
Standing  Committee.

114.

(1) In  order  to  fix  the  rateable  value  of  any  building  or  land
assessable to a property tax, there shall be deducted from the amount of rent
for  which  such  building  or  land  might  reasonably  be  expected  to  let,  or  for
which it is actually let, from year to year, whichever is greater, a sum equal
to ten per centum of the said annual rent, and the said deduction shall be in
lieu  of all  allowances  for repairs  or on  any  other account  whatever :

2[Provided  that,  the  State  Government  may  prescribe  the  manner  to
determine the amount of rent for which any building or land might reasonably
be  expected to  let,  in  order to  fix  the  rateable value  of  any  such building  or
land assessable to a property tax.]

(2) The  value  of  any  machinery  contained  or  situate  in  or  upon  any
building or land shall not be included in the rateable value of such building
or  land.

Preparation of
assessment
list.

115.

(1) When a tax on building or land or both is imposed, the Chief
Officer  shall cause  an assessment  list  of all  buildings  or lands  or lands  and
buildings  in the  municipal area  to be  prepared in  the prescribed  form.

(2) For the purpose of preparing such assessment list, the Chief Officer
or any person acting under his authority may inspect, any building or land in
the municipal area and on the requisition of the Chief Officer, the owner or
occupier of any such building or land shall, within such reasonable period as
shall be specified in the requistion, be bound to furnish a true return to the

1 This portion was added by Mah. 32 of 1983, s.  2.
2 This proviso was substituted by Mah. 21 of 1996, s. 2.

1965 : Mah. XL]

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

111

best  of  his  knowledge  or  belief  and  subscribe  with  his  signature  the  name
and place of abode of the owner or occupier or of both and the annual rent, if
any, obtained and his estimate of the value of such building or land.

116.

(1) When the name of the person primarily liable for the payment
of  a  tax  on  buildings  or  lands  or  both  in  respect  of  any  premises  cannot  be
ascertained,  it  shall  be  sufficient  to  designate  him  in  the  assessment  book,
and  in  any  notice which  it  may,  be  necessary  to  serve upon  the  said  person
under  this  Act,  “  the  holder ”  of  such  premises,  without  further  description.

(2) If,  in any  such  case, any  person  in occupation  of  the premises  shall
refuse  to  give  such  information  as  may  be  requisite  for  determining  who  is
primarily liable as aforesaid, such person shall himself  be liable, until such
information is obtained, for all taxes on buildings or lands or both leviable on
the premises of which  he is in occupation.

117. When  the  list  of  assessment  has  been  completed  by  the  Chief
Officer, he shall submit the same to the authorised Valuation Officer appointed
by  the  State  Government  for  the  municipal  area.  The  authorised  Valuation
Officer shall verify the assessment as done by the Chief Officer, if necessary
by  inspection  of  properties  concerned,  and  return  the  list  duly  checked  and
corrected  to  the  Chief  Officer  within  a  period  of  two  months.

118. When  the  list  of  assessment  is  returned  by  the  authorised
Valuation  Officer  under  the  last  preceding  section,  the  Chief  Officer,  shall
give public notice thereof and of the place where the list or copy thereof may
be inspected; and every person claiming to be either the owner or occupier of
property included in the list, and any agent of such person, shall be at liberty
to  inspect  the list  and  to  make  extracts therefrom  without  charge.

119.

(1) The  Chief  Officer,  shall  at  the  time  of  the  publication  of  the
assessment list under the last preceding section, give public notice of a date
not  less  than  thirty  days,  after  such  publication,  before  which  objections  to
the  valuation  or  assessment  in  such  list  shall  be  made;  and  in  all  cases  in
which  any  property  is  for  the  first  time  assessed  or 1[the  assessment  is
increased, otherwise than by way of increase in the rate at which any tax is
leviable,]  he  shall  also  give  notice  thereof  to  the  owner  or  occupier  of  the
property, if known, and if the owner or occupier of the property is not known,
he  shall affix  the notice  in a  conspicuous position  on the  property.

(2) Objections to the valuation and assessment on any property in such
list  shall,  if  the  owner  or  occupier  of  such  property  desires  to  make  an
objection, be made by such owner or occupier or any agent of such owner or
occupier  to  the  Chief  Officer  before  the  time  fixed  in  the  aforesaid  public
notice, by application in writing, stating the grounds on which the valuation
or  assessment  is  disputed;  all  applications  so  made  shall  be  registered  in  a
book to be kept by the Chief Officer for the purpose.

120. After  the  period  given  in  the  public  notice  referred  to  in  section
118 expires the Chief Officer shall forward to the authorised Valuation Officer
for  the  municipal  area,  the  assessment  list  along  with  objections  received.
The  authorised  Valuation  Officer  shall  investigate  and  dispose  of  the
objections after allowing the objector an opportunity of being heard in person
or by agent and cause the result thereof to be noted in the book kept under
the last preceding section and cause any amendment necessary in accordance
with such result to be made in the assessment list :

1 These words were substituted for the words “ the assessment is increased,” by Mah. 32 of

1983, s. 3.

Person
primarily
liable for a
property tax
how to be
designated of
his name
cannot be
ascertained.

Authorised
Valuation
Officer  to
check
assessment.

Publication
of  notice of
assessment
list.

Public notice
of  time
fixed  for
lodging
objections.

Objection
how to be
dealt with.

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[1965 : Mah. XL

Authentication
of list of
assessment.

Authentic list
how far
conclusive.

Amendment of
assessment
list.

Provided that, before any such amendment is made the reasons therefor

shall  be  recorded  in  the  book  aforesaid.

121.

(1) The  list  so  finally  made  by  the  authorised  Valuation  Officer
shall  be  authenticated by  him  under  the seal  of  his  office and  his  signature
and  he  shall  endorse  a  certificate  thereon  that  no  valid  objections  has  been
made  to the  valuation  and assessment  contained  in the  list,  except in  cases
in which amendments have been made therein.

(2) The  list  so  authenticated  shall  be  deposited  in  the  municipal  office,
and  shall there  be  open for  inspection  during  office hours  to  all owners  and
occupiers of property entered therein or to the agents of such persons, and a
notice that it is so open 1[shall be published before the 31st day of July of the
official year to which the list relates :

Provided  that,  the  Collector  may,  for  reasons  to  be  recorded,  allow  the
publication of such notice at a later date,  but not later than the 31st day of
December  of  the  official  year  aforesaid.]

122. Subject  to  such  alterations  as  may  be  made  therein  under  the
provisions  of  the  next  succeeding  section  and  to  the  result  of  any  appeal  or
revision made under section 169 or 171, the entries in the assessment list so
authenticated and deposited and the entries, if any, inserted in the said list
under  the  provisions  of  the  next  succeeding  section  shall  be  accepted  as
conclusive  evidence—

(i) for the purposes of all municipal taxes, of the valuation, or annual
rent,  on  the  basis  prescribed  in  section  114  of  buildings  or  lands  or  both
buildings  and  lands  to  which  such  entries  respectively  refer;  and

(ii) for  the  purposes  of  the  tax  for  which  such  assessment  list  has
been prepared of the amount of the tax leviable on such buildings or lands
or  both  buildings  and  lands  in  any  official  year  in  which  such  list  is  in
force.

123.

(1) The  Chief  Officer,  in  consultation  with  the  authorised
Valuation Officer, may at any time alter the assessment list by inserting or
altering an entry in respect of any property, such entry having been omitted
from  or  erroneously  made  in  the  assessment  list  through  fraud,  accident  or
mistake  or  in  respect  of  any  building  constructed,  altered,  added  to  or
reconstructed  in  whole  or  in  part,  where  such  construction,  alteration,
addition  or  reconstruction  has  been  completed  after  the  preparation  of  the
assessment list, after giving notice to any person interested in the alteration
of the list of a date, not less than one month *from the date of service of such
notice,  before  which any  objection  to  the  alteration should  be  made.

(2) An  objection  made  by  any  person  interested  in  any  such  alteration,
before  the  time  fixed  in  such  notice,  and  in  the  manner  provided  by  section
119 shall be dealt within in all respects as if it were an application under the
said  section.

1 This portion was substituted for the words “ shall be forthwith published ” by Mah. 45 of

1975, s. 12.

Validation of
certain taxes
levied and
collected
without notice
of increase of
rate of tax to
owners and
occupiers of
properties.

* Section 5 of the Mah. 32 of 1983 reads as under:—
“5. Notwithstanding anything contained in the principal Act or in any rules or by­laws made
thereunder or in any judgement, decree or order of any Court, any taxes levied and collected in
accordance with the provisions of the principal Act by any Council on and after the 1st April 1981,
without giving any notice to the owners and occupiers of the properties of any increase made in the
rate at which any tax is leviable or of the increased assessment of their properties due to any such
increase in the rate of the tax, shall be deemed to be validly levied and collected and shall be
deemed always to have been valid, and shall not be called in question in any Court on the ground
only that any such notice was not given before the tax at the higher rate was levied and collected.
No suit or other proceeding shall be maintained or continued in any Court for the refund of any
amount of tax so levied and collected.”.

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

113

(3) An  entry  or  alteration  made  under  this  section  shall  subject  to  the
provisions of sections 169 and 171 have the same effect as if it had been made
in  the  case  of  a  building  constructed,  altered,  added  to  or  reconstructed  on
the  day  on  which  such  construction,  alteration,  addition  or  reconstruction
was  completed  or  on  the  day  on  which  the  new  construction,  alteration,
addition  or  reconstruction  was  first  occupied,  whichever  first  occurs,  or  in
other  cases,  on  the  earliest  day  in  the  current  official  year  on  which  the
circumstances  justifying  the  entry  or  alteration  existed  ;  and  the  tax  or  the
enhanced tax, as the case may be, shall be levied in such year in the proportion
which the remainder of the year after such day bears to the whole year.

1[124.

(1) It  shall  not  be  necessary  to  prepare  a  new  assessment  list
every year, subject to the provisions of sub-section (2), the Chief Officer may
adopt  the  precedings  years  assessment  list  for  the  new  year,  with  such
alterations as he thinks fit to make :

Provided  that—

(i) a notice under sub-section (1) of section 119 shall be given in all
cases  in  which  any  property  is  for  the  first  time  assessed  or 2[the
assessment  is  increased,  otherwise  than  by  way  of  increase  in  the  rate
at which any tax is leviable; ]

(ii) a notice under sub-section (2) of section 121 shall be published

about the adoption of the list.
(2) The revision of the rateable values of all properties in the municipal
area shall, as far as possible, be done once in four years, and once done shall
remain in  force until they  are revised under  this sub-section. Subject  to the
rules, if any, made in this behalf, the Chief Officer may undertake the work
of  revision  of  rateable  values  for  the  whole  municipal  area  at  one  time,  or
may divide the municipal area into suitable divisions and may undertake the
work of revision for each division at such time as he deems fit, but the revision
of the rateable values of all properties in the municipal area shall, as far as
possible,  be  completed in  four  years]  :

3[Provided  that,  the  State  Government  may,  at  any  time,  in  the  public
interest,  issue  directions  to  a  Council  to  carry  out  revision  of  the  rateable
values  of  all  properties  in  the  municipal  areas  and  such  directions  shall  be
binding  on  the  Council.]

Preparation
of new
assessment
list  and
periodical
revision   of
rateable
values.

125.

(1) Subject  to  the  provisions  of  sub-section  (2),  property  taxes
assessed upon any premises shall be primarily leviable as follows, namely :—
(a) if  the  premises  are  held  immediately  from  the  Government  or

from  the  Council,  from  the  actual  occupier  thereof:

Primary
responsibility
for property
taxes on whom
to rest.

Provided that, property taxes due in respect of buildings vesting in
the  Government  and  occupied  by  servants  of  the  Government  or  other
persons  on  payment  of  rent  shall  be  leviable  primarily  from  the
Government;

(b) if the  premises are  not so  held—

(i) from  the  lessor  if the  premises  are  let;
(ii) from  the  superior  lessor  if  the  premises  are  sub-let;
(iii) from the person in whom the right to let the premises vests

if they are unlet.

1 Section  124 was substituted by Mah. 45 of 1975, s.  13.
2 These words were substituted for the words “ the assessment is increased ” by Mah. 32

of 1983, s. 4.

3 This proviso was added by Mah. 21  of 1996, s. 3.

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[1965 : Mah. XL

When
occupiers  may
be held liable
for  payment of
property taxes.

(2) If any land has been let for any term exceeding one year to a tenant,
and  such  tenant  has  built  upon  the  land,  the  property  taxes  assessed  upon
the said land and upon the building erected thereon shall be primarily leviable
from the said tenant or any person deriving title from the said tenant by the
operation  of  law  or  by  assignment  or  transfer  but  not  by  sub-lease  or  the
legal representative of the said tenant or person whether the premises be in
the occupation of the said tenant or person or legal representative or a sub-
tenant.

126.

(1) If the sum due on account of any property tax remains unpaid
after  a  bill  for  the  same  has  been  duly  served  upon  the  person  primarily
liable for the payment thereof and the said person be not the occupier for the
time being of the premises in respect of which the tax is due, the Chief Officer
may serve a bill for the amount upon the occupier of the said premises, or, if
there are two or more occupiers thereof, may serve a bill upon each of them
for such portion of the sum due as bears to the whole amount due to the same
ratio which the rent paid by such occupier bears to the aggregate amount of
rent paid by them both or all in respect of the said premises.

(2) If  the  occupier  or  any  of  the  occupiers  fails  within  thirty  days  from
the service of any such bill to pay the amount therein claimed, the said amount
may be  recovered from  him.

(3) No  arrear  of  a  property  tax  shall  be  recovered  from  any  occupier
under this section which has remained due for more than one year, or which
is due on account of any period for which the occupier was not in occupation
of the premises on which the tax is assessed.

(4) If  any  sum  is  paid  by  or  recovered  from,  an  occupier  under  this
section,  he  shall  be  entitled  to  credit  therefor  in  account  with  the  person
primarily liable for the payment of the same.

Partial
remisssion   in
respect  of
property
remaining
unoccupied.

127.

(1) Where any building or land the tax whereof is payable by the
year, or in respect of which a special sanitary tax is payable by the year or by
instalments,  has  remained  vacant  and  unproductive  of  rent  throughout  the
year or  portion of the year  for which such  tax is leviable, or  throughout the
period in respect of which any instalment is payable, the Council shall remit
or refund not more than one half of the amount of the tax or instalment of the
tax, as the case may be:

Proivded that, no such remission or refund shall be granted unless notice
in writing of the fact of the building or land being vacant and unproductive of
rent  has  been  given  to  the  Chief  Officer,  and  that  no  remission  or  refund
shall take  for period  previous to the  day of the  delivery of  such notice.

(2) Where any such building or land as aforesaid—

(a) has been vacant and unproductive of rent for any period of not

less  than  ninety  consecutive  days,  or

(b) consists of separate tenements one or more of which has or have
been  vacant  and  unproductive  of  rent  for  any  such  period  as  aforesaid,
or

(c) wholly  or  in  great  part  demolished  or  destroyed  by  fire  or

otherwise  deprived  of  value,

the  Council  may  remit  or  refund  such  portion,  if  any,  of  the  tax  or

instalment as it may think equitable.

(3) The  burden  of  proving  the  facts  entitling  any  person  to  claim  relief

under this section shall be upon him.

1965 : Mah. XL]

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

1[127A. Notwithstanding  anything  contained  in  this  Act,  the  Council
may, by general or special order, give such rebate, in the payment of property
tax,  as  the  Council  may  from  time  to  time  decide,  to  any  person,  primarily
liable  for  payment  of  the  property  tax,  who  pays  such  tax  before  the  date
specified  in  the  Bill  for  the  purpose  or,  pays  such  tax  for  the  entire  year  in
advance,  and  different  rates  of  rebate  may  be  specified  for  different  classes
of  user  of  the  property.

115

Rebate in
property tax
for advance
payment.

127B. Notwithstanding  anything  contained  in  this  Act,  a  rebate  or
remission  in  payment  of  property  tax,  in  respect  of  a  land  and  building
wherein  any  ecologically  beneficial  scheme,  as  may  be  identified  for  the
purposes  of  this  section,  by  the  State  Government  or  the  Council,  is  being
implemented,  shall be  given at  such rate  as the  Council may,  by general  or
special  order,  determine  and  different  rates  of  rebate  or  remission  may  be
specified  having  regard  to  the  nature  and  extent  of  the  measures  adopted
for  implementation  of  the  ecologically  beneficial  scheme.

Rebate or
remission in
property tax
for
implementing
ecologically
beneficial
scheme.

Explanation.—For  the  purposes  of  this  section  “ecologically  beneficial
scheme”  includes  rain  water  harvesting  system,  vermi  composting,  use  of
solar energy and other non-conventional sources of energy, recycling and re-
use  of  waste  water,  or  any  scheme  for  promoting  environment  friendly  and
ecologically  beneficial  building  construction,  or  the  like,  as  the  Council  or
the  State  Government  may  identify.]

128. For  the  purposes  of  clause  (a) of  sub-section  (2)  of  the  last
preceding  section,  a  building  or  land  shall  be  deemed  to  be  productive  of
rent,  if  let  to  a  tenant  who  has  a  continuing  right  of  occupation  thereof,
whether it is actually occupied by such tenant or not.

When   building
or land deemed
to be productive
of  rent.

129.

(1) Whenever  the  title  of  any  person  primarily  liable  for  the
payment of a tax on buildings or lands or both to or over such land or building
or both is transferred, the person whose title is so transferred and the person
to whom the same is transferred shall, within three months after execution
of  the  instrument  of  transfer  or  after  its  registration    if  it  be  registered,  or
after  the  transfer  is  effected  if  no  instrument  be  executed,  give  notice  of
such transfer  in writing  to the  Chief Officer.

(2) In the event of the death of any person primarily liable as aforesaid,
the person  to whom the title  of the deceased  shall be transferred as  heir or
otherwise  shall  give  notice  of  such  transfer  to  the  Chief  Officer  within  one
year from  the death  of the  deceased.

(3) If the person liable to give the notice referred to in sub-section (1) or
sub-section (2) fails to give such notice, he shall, on conviction, be punished
with fine which may extent to fifty rupees.

130.

(1) The  notice  to  be  given  under  the  last  preceding  section  shall
be in the form of Schedule II or Schedule III, as the case may be, 2[and shall
be  accompanied  by  such  fees  as  the  Chief  Officer  may,  from  time  to  time,
with  the  approval  of  the  Standing  Committee,  prescribe,]  and  shall  state
clearly  and  correctly  all  the  particulars  required  by  the  said  form.

Parties to
transfer of
property to
give notice of
transfer.

Form of notice.

XVI
of
1908.

(2) On receipt of any such notice, the Chief Officer may, if he thinks it
necessary,  require  the  production  of  the  instrument  of  transfer,  if  any,  or  a
copy  thereof obtained  under  section  57 of  the 3**  Registration  Act,  1908.

4[(3) The  transfer  of  the  title  of  any  person  primarily  liable  to  the
payment  of  property  tax  shall  not  be  recorded  by  the  Chief  Officer  in  the
assessment  book  unless  the  property  taxes  due  in  respect  of  the  property
sought  to be  transferred  are fully  paid  before  giving such  notice.]

1 Sections 127A and 127B were added by Mah. 7 of 2009, s. 15.
2 These words were inserted by Mah. 10 of 2010, s. 94(1).
3 The word “Indian” was deleted, Mah. 10 of 2010, s. 94(2).
4 Sub-section (3) was added,  Mah. 10 of 2010, s. 94(3).

H 4109—17

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and Industrial Townships Act, 1965

[1965 : Mah. XL

In absence of
notice,
liability  to
taxes to
continue on
original
holder.

131.

(1) Every  person  primarily  liable  for  the  payment  of  a  tax  on
buildings or lands or both who transfers his title to or over such building  or
land  or  both  without  giving  notice  of  such  transfer  to  the  Chief  Officer  as
aforesaid  shall,  in  addition  to  any  other  liability  which  he  incurs  through
such  neglect,  continue  to  be  liable  for  the  payment  of  the  said  tax  on  the
building or land or both until he gives such notice, or until the transfer shall
have  been  recorded  by  the  Council.

(2) But nothing  in this  section shall  be held  to diminish  the liability  of
the  transferee  for  the  said  tax  or  to  affect  the  prior  claim  of  the  Council  on
the  said  building  and  land  conferred  by  section  162,  for  the  recovery  of  the
tax on the land or building or both.

Fixed charges
and
agreements
for payment
in lieu of
special water
tax.

132. A Council may, instead of imposing a special water tax at normal
rates,  in  individual  cases,  fix  rates  for  supply  water  by  measurement,  or
arrange with any person on his application to supply on payment, periodical
or  otherwise,  water  belonging  to  the  Council,  in  such  quantities  or  for  such
purposes, whether domestic or otherwise, on such terms and subject to such
conditions as it shall fix by agreement with such person :

Provided  that—

(a) the  meters,  connection  pipes  and  all  other  works  necessary  for
and incidental to such supply, and all repairs, extensions and alterations
of such works shall be under the control of the Council and the expense
thereof shall, so far as is not inconsistent with the rules or bye-laws, be
defrayed  by  the  persons  liable  for  the  charges  or  payments  fixed  in
respect of such supply ; and

(b) such supply of water shall be and shall be deemed to have been
granted,  subject  to  all  such  conditions  as  to  limits  or  stoppage  thereof
and  as  to  the  prevention  of  waste  or  misuse,  as  are  prescribed  in  the
by-laws for the time being in force.
133. Where  a  Council  has  made  provision  for  the  cleansings  of  any
factory,  hotel  or  club  or  any  group  of  buildings  or  lands  used  for  any  one
purpose  and  under  one  management,  it  may,  instead  of  levying  in  respect
thereof  any  special  sanitary  tax  imposed  under  this  Chapter,  fix  a  special
rate and the dates and other conditions for periodical payments thereof; such
rate,  dates  and  conditions  shall  be  determined  either,—

(a) in accordance with the by-laws for the time being in force ; or
(b) by  written  agreement  with  the  person  who  would  have  been
otherwise  liable for  the  tax,  provided that  in  fixing  the amount  of  such
rate proper regard shall be had to the probable cost to the Council of the
service  to  be  rendered.
134. Every  sum  claimed  by  a  Council  as  due  under  any  of  the
provisions  contained in section 132 or 133 shall be deemed  to be an amount
claimed on account of a tax and shall be recoverable in the same manner as
an amount of a tax is recoverable under this Act.

135. Nothing  in  section  132  shall  preclude  a  Council  to  contract  with
any  person  to  supply  for  use  beyond  the  municipal  area  any  quantity  of
water  belonging  to  it  but  not  required  by  it,  at  such  rates  and  on  such
conditions as it may think fit :

Provided that, such rate shall be in no case lower than the rate charge-

able  for  water  supplied  for  similar  purposes  within  the  municipal  area.

1[(3) Tolls].

1 The sub-heading was substituted for the sub-heading “(3) Octroi and Tolls,” by  Mah. 31 of
1999, s.5.

Power to fix
special rate in
lieu of special
sanitary tax.

Recovery of
sums claimed
under the last
two preceding
sections.

Council may
sell surplus
water for use
outside
municipal
area.

1965 : Mah. XL]

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

117

136.

137.

138.

1[*

1[*

1[*

*

*

*

*]

*]

*]

139.

    1  [***]

140.

A  Council  imposing  any  toll  under  this  Act,  shall  cause  to  be
kept  at  each  place  where  such  toll  is  to  be  collected,  a  table  showing  the
amount leviable in all cases provided for in the by-laws including the terms,
if any, on which the liability to pay such tolls may be compounded by periodical
payment;  and  it  shall  be  the  duty  of  every  person  authorised  to  demand
payment of a toll, to show such table on the request of any person from whom
such demand is made.

Tables of tolls
to be shown on
demand.

141.

(1) In the case of non-payment on demand 2[***] of any toll leviable
by a Council, any person appointed to collect such 3[***] toll may seize 4[***]
any vehicle or animal on which the toll is chargeable, or any part of the burden
of  such  vehicle  or  animal  which  is  of  suffcient  value  to  satisfy  the  demand,
and may  detain the  same. He shall  thereupon give  the person  in possession
of the vechicle, animal or thing seized, a list of the property together with a
written notice  in the  form of  Schedule VI.

Power to
seize vehicle
or animal or
goods for
non-payment
of 7*** toll
and to
dispose of
seized
property.

(2) When  any  property  seized  is  subject  to  speedy  decay,  or  when  the
expense  of  keeping  it  together  with  the  amount  of  the 5[***]  toll  chargeable
is likely to exceed its value, the person seizing such property may inform the
person in whose possession it was that it will be sold at once; and shall sell it
or cause it to be sold accordingly unless the amount be 5[***] toll demanded
be  forthwith  paid.

(3) If  at  any  time  before  a  sale  has  begun,  the  person  from  whose
possession  the  property  has  been  seized,  tenders  at  the  municipal  office  the
amount of all expenses incurred and of the 5[***] toll payble, the Chief Officer
shall  forthwith  deliver  to  him  the  property  seized.

(4) If no such tender is made, the property seized may be sold, and the
proceeds of such sale shall be applied in payment of such 6[***] toll, and the
expenses  incidental  to  the  seizure,  detention  and  sale.

(5) The  surplus,  if  any,  of  the  sale-proceeds  shall  be  credited  to  the
municipal fund, and may, on application made to the Chief Officer in writing
within  three  years  next  after  the  sale,  be  paid  to  the  person  in  whose
possession the property was when seized, and if no such application is made
shall  be  the property  of  the  Council.

1 Sections 136 to 139 were deleted, Mah. 31 of 1999, s.6.
2 The words “ of any octroi or ” were deleted by Mah. 31  of 1999, s. 7(a)(i).
3 The words “octroi or” were deleted by Mah. 31 of 1999, s. 7(a)(ii).
4 The words “ any animal or goods on which octroi is chargeable, or” were deleted by Mah. 31 of
1999, s. 7(a)(iii).
5 The words  “octroi or” were deleted by Mah. 31 of 1999, s. 7(b).
6 The words “octroi or” were deleted by Mah. 31 of 1999, s. 7(c).
7 The words “octroi or” were deleted by Mah. 31 of 1999, s. 7(d).

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142. 1  [***]

143. 1[***]

143A.

1[***]

Farming   of
tolls.

144.

(1) It  shall be  lawful  for  a Council  to  lease  by public  auction  the

levy of any toll that may be imposed under this Act :

Provided that, the lessee shall give security for the due fulfilment of the

conditions  of  the  lease.

(2) Where  any  toll  has  been  leased  under  this  section,  any  person
employed  by  the  lessee to  collect  such  toll  shall,  subject to  the  conditions  of
the lease, exercise the power, and perform the duties conferred and imposed
by  sub-sections  (1)  and  (2)  of  section  141  on  a  person  appointed  to  collect  a
toll,  and  any  property  seized,  shall  be  dealt  with  as  if  it  has  been  seized
under  the  provisions of  that  section  :

Provided  that,  no  property  seized  may  be  sold  except  under  the  orders

of  the  Chief  Officer.

(4) Supplementary  provisions  regarding  taxes

Power  to
compound tax
on vehicles  or
animals 3[***].

145.

2[(1)] Where a Council has imposed a tax on vehicles (other than
motor  vehicles)  or  animals  used  for  riding,  draught  or  burden  and  kept  for
such use within the municipal area, it may compound with the keeper of any
livery-stables or of horse, or such vehicles kept for sale or hire, for the payment
of a lump sum for any period not exceeding one year at a time, in lieu of any
amount  which  such  keeper  would  otherwise  have  been  liable  to  pay  on
account of the tax imposed as a aforesaid.

Assessment
not  invalid for
defect of form.

Power of
State
Government
to require
Council to
impose
taxes.

4[***]

146. No  assessment  and  no  charge  or  demand  of  any  tax  made  under
the  authority  of  this  Act  shall  be  invalid  by  reason  of  any  clerical  error  or
other  defect  of  form,  and  when  any  property  is  described  for  the  purpose  of
assessing any such tax, it shall be sufficient to describe it so that it shall be
generally known, and it shall not be necessary to name the owner or occupier
thereof.

147. Where it appears to the State Government that the balance of the
municipal  fund  of  a  Council  is  insufficient  for  meeting  any  expenditure
incurred  under  section  309  or  for  the  performance  of  duties  for  the
performance of which the Director had fixed a period under section 312, the
State Government may by notification require the Council to impose, within
the municipal area, any tax specified in the notification which may be imposed
under section 108 and which is not at the time imposed, within the said area
or to enhance any existing tax in such manner or to such extent as the State
Government considers fit ; and the Council shall forthwith proceed to impose
or enhance in accordance with the requisition, such tax under the provisions
of this Chapter as if a resolution of the Council had been passed for the purpose
under  section  109.

1 Sections  142, 143 and 143A were deleted by Mah. 31 of 1999, s. 8.

2  Section  145  was  renumbered  as  sub-section  (1)  of  that  section  and  sub-section  (2)  was

added by Mah. 14 of 1966, s. 8(a) and (b).

3 Sub-section (2) and the words “ and in the case of factories, octroi”, in the marginal note, were

deleted by Mah. 31 of 1999, s. 9.

4 The words and in case of factories octroi were deleted by Mah. 31 of 1999, s. 9(ii).

1965 : Mah. XL]

Maharashtra Municipal Councils, Nagar Panchayats
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119

1[(4A) Stamp duty

Bom.
LX of
1958.

147A.

(1) The stamp duty leviable under the Bombay Stamp Act, 1958,
on  instruments  of  sale,  gift  and  usufructuary  mortgage,  respectively,  of
immovable  property  shall,  in  the  case  of  any  such  instrument  relating  to
immovable property situated in the municipal area,2*  *  *  * and executed
on  and  after  such  date  as  may  be  specified  by  the  State  Government  by
notification in the Official Gazette, be increased by a surcharge at the rate of
3[one]  per  cent  in  the  case  of  sale  or  gift  on  the  value  of  the  property  so
situated  and  in  the  case  of  an  instrument  of  usufructuary  mortgage  on  the
amount  secured by  the instrument  as set  forth  in the  instrument and  shall
be  collected  accordingly  under  the  said  Act.

Additional
stamp duty on
certain
transfers of
immovable
properties in
4*** municipal
area.

LX  of
1958.

(2) For the purposes of this section, section 28 of the *Maharashtra Stamp
Act,  shall  be  read  and  enforced  as  if  it  specifically  required  the  particulars
therein  referred  to  be  set  forth  separately  in  respect  of—

(a) the property situated in a municipal area of

5[a Council], and

(b) the  property  situated  in  any  other  area.

(3) The  State  Government  shall,  every  year,  after  due  appropriation
made  by  law  in  this  behalf,  pay  to  each  Council 6*    *    *    a  grant-in-aid
approximately equal to the amount of additional duty realised on account of
the  surcharge  levied  under  this  section  in  respect  of  immovable  properties
situated  within  the  jurisdiction  of  that  Council.

(4) The  sum  of  money  required  to  meet  the  expenditure  by  the  State
Government under sub-section (3) shall be charged on the Consolidated Fund
of the State.

(5) The  State  Government  may,  by  notification  in  the Official  Gazette,

make rules to carry out  the purposes of this section.]

(5) Fees

148.

(1) When  any  licence  is  granted  under  this  Act,  or  when
permission  is  given  thereunder  for  making  any  temporary  erection  or  for
putting up any projection, or for the temporary occupation of any public street
or  other  land  vested  in  the  Council,  the  authority  granting  or  giving  such
licence or permission may charge a reasonable fee for the same as determined
by the by-laws :

Fees may be
charged for
certain
licences,
permission,
etc.

Provided that, when permission is given for putting up a projection, the
authority giving such permission may charge every year a recurring fee until
the  projection  is  removed.

(2) The  Council  may  charge  a  higher  fee  by  way  of  penalty  for  any
erection  or  projection,  or  for  the  use  or  occupation  of  any  public  street  or

1 This heading and section 147A were inserted by Mah. 11  of 1983, s.  10.
2 The words “ of such Councils having population of not more than 50,000 ” were deleted

by Mah. 18 of 1993, s. 25(a).

3 This word was substituted for the words “ one-half ” by Mah. 11 of 2002, s. 50.
4 The word “certain” was deleted by Mah. 18 of 1993, s. 25(d).
5 These  words  were  substituted  for  the  words,  brackets  and  figure  “any  of  the  Councils

specified under sub-section (1)” by Mah.  18 of 1993, s. 25(b).

6 The words, brackets and figures “ specified under sub-section (1)” were deleted by Mah. 18 of

1993, s. 25(c).

* The short title has been amended by Mah. XXIV of 2012, Schedule, entry 67, with effect from

the 1st May 1960.

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[1965 : Mah. XL

other  land  vested  in  the  Council,  by  any  person  without  its  permission  or
licence. Such fee shall be leviable irrespective of any other penalty or liability
to  which  the  person  liable  to  pay  the  same  may  be  subject  under  any  other
provisions of this Act or any other law for the time being in force.

The rates of such higher fees shall also be determined by the by-laws.

1[CHAPTER    IXA.

PROVISIONS RELATING TO LEVY, COLLECTION AND RECOVERY

OF CESS ON ENTRY OF GOODS.

Levy of cess.

148A.

(1) Subject  to  the  provisions  of  this  Chapter  and  the  rules,  the
Council may, for the purposes of this Act, levy cess on the entry of such goods
as  may  be  specified  in  the  rules,  into  the  limits  of  the  municipal  area  for
consumption, use or sale therein and at such rates as may be prescribed.

(2) There shall be paid, by every dealer, who is liable to pay cess under
this Chapter, the cess in accordance with the provisions of this Chapter and
the  rules.

(3) The  provisions  of  this  Act  for  levy,  collection  and  recovery  of  cess
shall  apply  to  the  ‘A’  class  Councils  and  such  other  Councils  as  the  State
Government  may,  by  notification  in  the Official  Gazette, specify.

Incidence of
cess.

148B.

(1) Every  dealer  whose  turnover  either  of  all  sales  or  of  all

purchases  or of  all imports  made,—

(a) during the official year immediately preceding the official year ;

or

(b) during  the  official  year,

in which the Council has decided to levy the cess specified in sub-section (1)
of  section 105,  has  exceeded or  exceeds  the relevant  limit  prescribed in  this
behalf, shall be liable to pay the cess under this Act :

Provided that, a dealer to whom clause (a), does not apply but clause (b),
applies  and  whose  turnover  either  of  all  sales  or  of  all  purchases  or  of  all
imports  first  exceeds  the  relevant  limit  prescribed  in  this  behalf  after  the
first  day  of  April  of  the  year  in  which  the  Council  has  decided  to  levy  the
cess,  shall  not  be  liable  to  pay  the  cess  in  respect  of  the  goods  imported  by
him into the limits of the municipal area for consumption, use or sale therein
upto  the  time  when  his  turnover  of  sales  or  of  purchases  or  imports  as
computed  from  the  first  day  of  April  of  the  said  year  does  not  exceed  the
relevant  limit  prescribed  in  this  behalf.

(2) Every  dealer  whose  turnover,  either  of  all  sales  or  of  all  purchases
or of all imports made during any official year commencing on the first day of
April, being a year subsequent to the years mentioned in sub-section (1), first
exceeds  the  relevant  limit  prescribed  in  this  behalf,  shall  be  liable  to  pay
cess  under  this  Act :

Provided  that,  a  dealer  shall  not  be  liable  to  pay  the  cess  in  respect  of
the  goods,  imported  by  him  into  the  limits  of  the  municipal  area  for
consumption,  use or  sale  therein during  the period  commencing  on the  first

1 The Chapter IXA and sections 148A to 148O were inserted by Mah. 32 of 2003, s. 4.

1965 : Mah. XL]

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

121

day  of  April  of  the  said  year  upto  the  time  when  his  turnover  of  sales  or  of

purchases or of imports, as computed from the first day of the said year does

not  exceed  the  relevant  limit  prescribed  in  this  behalf.

(3) Every  dealer  who  has  become  so  liable  for  payment  of  cess  shall

continue  to  be  so  liable  until  his  registration  is  duly  cancelled  ;  and  shall

again become liable on the day his turnover of sales or turnover of purchases

or  turnover  of  imports  again  first  exceeds  the  relevant  limit,  prescribed  in

this behalf.

148C.

(1) No  cess  shall  be  leviable  on such  goods  as  may  be  specified

in the rules.

(2) Subject  to  the  conditions,  restrictions  or  exceptions,  if  any,  set  out

against any of them, the goods specified in the rules shall be exempted from

the payment of cess.

Certain
goods not
liable to or
exempt   from
cess.

148D. Where  on  and  after  the  date  fixed  by  the  Council  for  levy  of
cess, any goods on which cess leviable under this Chapter are imported into

Liability   of
cess in
certain  cases.

the limit of the municipal area by any person (not being a registered dealer)

from  any  place  outside  the  municipal  area  and  sold  to  a  registered  dealer,

there  shall  be  levied  and  collected  cess  on  such  goods  at  the  rates  fixed  by

the  Council,  under  the  rules,  from  time  to  time,  and  such  registered  dealer

shall be liable to pay the cess so levied :

Provided  that,  no  cess  on  the  same  goods  shall  be  levied  if  such

purchasing dealer proves to the satisfaction of the Chief Officer that the cess

has been paid earlier on the said goods to the Council.

148E.

(1) For carrying out the purposes of this Chapter and the rules,

the  Chief  Officer  shall  be  the  Principal  Authority.

Cess
Authorities.

(2) Likewise,  the  Chief  Officer  with  the  approval  of  the  Standing

Committee may appoint such number of other officers and persons and give

them  such  designations,  as  the  Standing  Committee  thinks  appropriate.

(3) The Chief Officer shall have jurisdiction extending to the territorial

limits  of  the  Council.  All  other  officers  and  persons  shall  have  jurisdiction

over such area or areas of the Council as the Chief Officer may specify.

(4) (a) The  Chief  Officer  shall  have  and  exercise  all  the  powers  and

perform  such  duties  conferred  or  imposed  by  or  under  this  Act.

(b) Any  other  officer  or  person  appointed  under  sub-section  (2)  shall,

unless otherwise directed by the Chief Officer, have and exercise such powers

and perform such duties as may be conferred or imposed on the Chief Officer

by or under this Act.

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[1965 : Mah. XL

(5) No person or a dealer shall be entitled to call in question the territorial

jurisdiction  of  any  officer  or  person  appointed  under  sub-section  (2).

(6) All  officers  and  persons  appointed  under  sub-section  (2)  shall  be

subordinate  to  the  Chief  Officer.

Registration.

148F.

(1) No dealer shall, while being liable for payment of cess under

the  provisions  of  this  Chapter  and  the  rules,  carry  on  business  as  a  dealer,

unless  he  possesses  a  valid  certificate  of  registration  as  prescribed  :

Provided that, the provisions of this section shall not be deemed to have

been contravened, if the dealer having applied in the prescribed manner and

time for such registration or, as the case may be, within the prescribed period,

carries  on  such  business  pending  disposal  of  his  application  for  grant  of

registration.

(2) If  a  person  or  a  dealer  upon  an  application  made  by  him  has  been

registered as a dealer under the rules and thereafter it is found that he ought

not to have been so registered, he shall be liable to pay the cess for the period

from  the  date  on  which  his  registration  certificate  took  effect  until  it  is

cancelled,  notwithstanding  that  he  may  not  be  liable  to  pay  cess  under  the

other  provisions  of  this  Chapter  and  the  rules.

148G.

If—

(a) a  registered  dealer  sells  goods  to  another  registered  dealer,  or

(b) a  registered  dealer  who  sells  in  the  current  year  any  goods

exceeding ten rupees in value in any one transaction to any other person,

he  shall  issue  to  the  purchaser  a  bill  or  cash  memorandum  serially

numbered, signed and dated by him or his servent, manager or agent, showing

therein such particulars as may be prescribed. He shall keep a counterfoil or

duplicate of such bill or cash memorandum duly numbered, signed and dated

and preserve it for a period of not less than five years from the date of sale.

148H. No person shall collect any sum by way of cess in respect of sale

of any goods :

Provided  that,  this  section  shall  not  apply  where  a  person  or  dealer  is

required  to  collect  such  amount  of  the  cess  separately  in  order  to  comply

with the conditions and restrictions imposed on him under the provisions of

any other law for the time being in force.

Memorandum
of sales or
purchases.

Prohibition
against
collection of
cess.

Liability   to
maintain
accounts.

148I. Every dealer and such other person as prescribed, shall maintain
a true account of the value of the goods imported, purchased, consumed, used

or sold by him as prescribed.

123

Production
and
inspection of
accounts  and
documents
and search of
premises,
seizure of
books of
accounts   and
goods,  etc.

1965 : Mah. XL]

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

148J.

(1)  (a) The  Chief  Officer  may,  require  any  registered  dealer  to
produce before him any accounts or documents, or to furnish any information,
relating  to  stocks  of  goods  or  of  imports,  purchases,  sales  and  deliveries  of
goods by the dealer or any other information relating to his business, as may
be  necessary.

(b) The  Chief  Officer  may  require  any  dealer  or  any  person  who  has
imported any goods in the municipal area and has sold the same to a dealer
or  a  person,  to  produce  before  him  such  documents,  or  to  furnish  such
information relating to such goods, as may be necessary.

(2) All accounts, registers and documents relating to stocks of goods, or
imports,  purchases,  sales  and  delivery  of  goods  by  any  dealer  and  all  goods
and  cash  kept  in  any  place  by  any  dealer  shall,  at  all  reasonable  times,  be
open  to  inspection  by  the  Chief  Officer,  and  the  Chief  Officer  may  take  or
cause  to  be  taken  such  copies  or  extracts  of  the  said  accounts,  registers  or
documents and such inventory of the goods and cash found as appear to him
necessary.

(3) If  the  Chief  Officer  has  reason  to  believe  that  any  dealer  or  person
has evaded or is attempting to evade the payment of any cess due from him,
he  may  seize  such  accounts,  registers  or  documents  or  goods  found  in  the
premises, at the time of search of the dealer or person, as may be necessary
and shall grant a receipt for the same and shall retain the same for so long as
may be necessary in connection with any proceeding under this Act or for a
prosecution.  However,  when  the  Chief  Officer  seizes  any  books  of  accounts,
registers  or  documents  or  goods  of  any  dealer,  he  shall  not  retain  them  for
more than fifteen days without recording his reasons in writting for so doing.

(4) For the purposes of sub-section (2) or sub-section (3), the Chief Officer
may  enter  and  search  any  place  of  business  of  any  dealer,  or  any  place  of
activity of a person or any other place where the Chief Officer has reason to
believe that the dealer or person keeps or is, for the time being, keeping any
accounts, registers or documents of his business or activity or stocks of goods
relating  to his  business.

(5) Where in the course of any search or inspection, any books of accounts,
other  documents,  money  or  goods  are  found  in  the  possession  or  control  of
any  person,  it  shall  be  presumed,  unless  the  contarary  is  proved,  that  such
books  of  accounts,  other  documents,  money  or  goods  belong  to  such  person.

V of
1908.

148K.

(1) The Chief Officer shall, for discharging the functions under
this Chapter, have the same powers as are vested in a Civil Court under the
Code of Civil Procedure, 1908, in respect of the following matters, namely :—

Chief Officer
to have
powers of
Civil Court.

(a) receiving  evidence  on  affidavit;

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[1965 : Mah. XL

(b) summoning  and  enforcing  the  attendance  of  any  person  and

examining him on oath or affirmation ;

(c) requiring  the  discovery  or  the  production  of  documents  ;

(d) issuing  commissions  for  the  examination  of  witness  or

documents ;  and

(e) any  other  matter  which  may  be  prescribed.

(2) In the case of any affidavit to be made for the purposes of this Chapter,
any officer appointed by the Chief Officer in this behalf may, administer the
oath  to  the  deponent.

(3) Without  prejudice  to  the  provisions  of  any  other  law  for  the  time
being  in  force,  where  a  person  to  whom  a  summons  is  issued  by  the  Chief
Officer  either  to  attend  to  give  evidence  or  produce  books  of  accounts,
registers or other documents at a ceretain place and time, intentionally omits
to  attend  or  produce  such  books,  registers,  or  documents  at  a  certain  place
and time, as the case may be, the Chief Officer may, impose on him such fine
not  exceeding  five  hundred  rupees  as  he  thinks  fit,  and  the  fine  so  levied
may  be recovered  in the  manner provided  for recovery  of arrears  of cess  :

Provided that, before imposing any such fine, the person concerned shall

be  given  a  reasonable opportunity  of  being  heard.

(4) If  any  documents  are  produced  by  a  person  on  whom  a  summons
was issued by  the Chief Officer, and  the Chief Officer has  reason to believe
that  any  person  has  evaded  or  is  attempting  to  evade  the  payment  of  any
cess due from him and the documents produced are necessary for establishing
the case against such person, the Chief Officer may, for reasons to be recorded
in  writing,  impound  such  documents  and  shall  grant  receipt  for  the  same
and shall retain the same so long as may be necessary in connection with any
proceedings  under  this  Chapter  or  for  a  prosecution.

(5) No order passed under this section by the Chief Officer or any officer

or person subordinate to him shall be called in question in any Court.

Offences  and
penalties.

148L.

(1) Whoever,—

(a) not  being  a  registered  dealer  under  section  148F  falsely
represents  that  he  is  or  was  a  registered  dealer,  at  the  time  when  he
sells  or  buys  or  imports  or  delivers  goods,  or

(b) knowingly  furnishes  a  false  return,  or

(c) knowingly  produces  before  the  Chief  Officer  false  bill,  cash
memorandum,  voucher,  declaration,  certificate  or  other  document  for
any  purpose referred  to  in  section 148J,  or

1965 : Mah. XL]

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

125

(d) knowingly  maintains  false  accounts  of  the  value  of  the  goods,
bought  or  imported  or  sold  or  delivered  by  him,  in  contravention  of
section 148I,  or

(e) knowingly  produces  false  accounts,  registers  or  documents  or

knowingly  furnishes  false  information,  or

(f) issues  to  any  person  a  certificate  required  under  relevant
provisions  of  the  rules  or  a  false  bill,  cash  memorandum,  voucher  or
other documents which he knows or has reason to believe to be false, or

(g) wilfully attempts in any manner whatsoever, to evade any cess

leviable  under  this  Chapter,  or

(h) wilfully  attempts  in  any  manner  whatsoever,  to  evade  any
payment  of  any  cess,  penalty,  interest  or  sum  forfeited  under  the
provisions  of  this  Chapter,  or

(i) aids  or  abets  any  person  in  commission  of  any  act  specified  in

clauses (a) to (h), or

(j) fails  without  sufficient  cause  to  furnish  any  information  as

required  by  the  rules,  or

(k) fails without sufficient cause to furnish any return as required

by the rules, by the date and in the manner prescribed, or

(l) fails to pay any cess as required by this Chapter, or

(m) fails without sufficient cause to comply with any requirements

made of him under section 148J, or

(n) obstructs any officer making any search or seizure under section

148J, or

(o) without sufficient and reasonable cause contravenes provisions

of section 148F, 148G or l48H,

shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which

may extend to two years and with fine.

(2) Whoever commits any of the acts specified in sub-section (1) and the
offence  is  continuing  one  under  any  of  the  provisions  of  the  sub-section  (1)
shall, on conviction, be punished with daily fine which shall not be less than
rupees  one  hundred  during  the  period  of  the  continuance  of  the  offence,  in
addition  to  the  punishment  provided  under  this  section.

(3) Notwithstanding  anything  contained  in  sub-section  (1),  no  person
shall  be  proceeded  against  under  that  sub-section  for  the  acts  referred  to
therein, if the total amount of cess evaded or attempted to be evaded is less
than rupees two  hundred during the period  of a year.

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[1965 : Mah. XL

(4) Where  a  dealer  is  accused  of  an  offence  specified  in  sub-section  (1),

the  person  deemed  to  be  the  manager  of  the  business  of  such  dealer  shall

also be deemed to be guilty of such offence unless he proves that the offence

was committed without his knowledge or that he exercised all due deligence

to  prevent  the  commission  thereof.

(5) No  prosecution  for  an  offence  under  this  section  shall  be  instituted

in  respect  of  same  facts  on  which  a  penalty  has  been  imposed  by  the  Chief

Officer  under  any  provisions  of  this  Chapter.

Disclosure  of
information
by  Chief
Officer,
Municipal
Offficer  or
servant.

148M.

(1) All  particulars  contained  in  any  statement  made,  return

furnished or accounts or documents produced in accordance with this Chapter

or the rules, or in any record of evidence given in the course of any proceedings

under the provisions of this Chapter (other than proceedings before a Criminal

Court),  or  in  any  record  of  any  assessment  proceeding,  or  any  proceeding

relating to the recovery of a demand, prepared for the purposes of this Chapter

shall, save as provided in sub-section (3), be treated as confidential.

(2) If,  save  as  provided  in  sub-section  (3),  any  servant  of  the  Council

discloses  any  of  the  particulars  referred  to  in  sub-section  (1),  he,  shall,  on

conviction, be punished with imprisonment which may extend to six months

or with fine or with both.

(3) Provisions  of  this  section  shall  not  apply  to  disclosures  made,  for

the  purposes  prescribed  by  rules.

Compounding
of offences.

148N.

(1) The  Chief  Officer  may,  with  the  prior  approval  of  the

Standing  Committee,  either  before  or  after  the  instituton  of  proceeding  for

any  offence  punishable  under  section  148L,  accept  from  the  deliquent,  by

way of composition of the offence, a sum equal to four times of the cess which

would have been payable :

Provided that, no such composition for compounding of the offence shall

be  permissible  for  the  second  or  subsequent  offence.

(2) On payment of the sum as provided under sub-section (1), no further

proceeding shall be taken against the deliquent in respect of the same offence.

Indemnity.

148O. No suit, prosecution or other legal proceedings shall lie against

any servant of the Council for anything which is in good faith done or intended

to  be  done  under the  provisions  of  this  Chapter.]

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127

Mode of
recovery of any
money
claimable
under this
Act.

Presentation
of bill for
sums due to
Council and
discount for
prompt
pamyment
1[or concession
in tax ].

Levy of
penalty on
unpaid
amount of bill.

CHAPTER  X

RECOVERY OF MUNICIPAL CLAIMS

149. All amounts on account of taxes, fees or penalties imposed or as
may  hereafter  be  imposed  by  or  under  this  Act  or  rules  or  by-laws  made
thereunder  and  all  amounts  on  account  of  contract,  auction,  lease,  or  any
money  claimable  under  this  Act  or  under  the  rules  or  by-laws  made
thereunder shall, save as otherwise provided, be recoverable in the manner
provided  in  this  Chapter.

150.

(1) When any amount becomes due to the Council under this Act
or  the  rules  or  by-laws  made  thereunder,  the  Chief  Officer  shall,  with  the
least  practicable  delay,  cause  to  be  presented  to  the  person  liable  for  the
payment thereof, a bill for the sum claimed as due.

(2) Every such bill shall specify the period for which, and the property,
occupation  or  thing  in  respect  of  which  the  sum  is    claimed  and  shall  also
give  notice  of  the  liability  incurred  in  default  of  payment  and  of  the  time
within  which  an  appeal  may  be  preferred  as  hereinafter  provided  against
such claim.

2[(2A) Each  of  the  property  taxes  shall  be  payable  in  advance  in  half
yearly installments and other dues shall also be payable by the date as speci-
fied  in  a bill  presented  or  served under  sub-section  (1).]

(3) If a person to whom such bill is presented pays, within fifteen days
from  the  presentation  thereof,  the  whole  sum  claimed  as  due,  then  a
discount  equal to  one per  cent.  of such  sum shall  be  paid by  the Council  to
him in such manner and within such period as may be prescribed.

3[150A.

(1) The amount of first half-yearly tax as specified in the bill
which has been served as aforesaid shall be paid within three months from
the date of service of the bill and for the second half-yearly tax as specified
in the bill shall be paid before the 31st December of each year; and if a per-
son liable to pay tax does not pay the same as required as aforesaid, then he
shall be liable to pay by way of penalty in addition to the amount of such tax
or part thereof which has remained unpaid, a sum equal to two per cent. of
such tax for each month or part thereof after the last date by which he should
have paid such tax and shall continue to be liable to pay such penalty until
the full amount as per the bill is paid :

Provided that,  if any  property tax  for which  a bill  is served  under this
Act  before  the  date  of  commencement  of  the  Bombay  Provincial  Municipal
Corporations,  the  City  of  Nagpur  Corporation,  the  Maharashtra  Municipal
Councils, Nagar  Panchayats  and  Industrial  Townships,  the  Maharashtra
(Urban  Areas)  Protection  and  Preservation  of  Trees  and  the  Maharashtra
Tax on Buildings (with larger Residential Premises) (Re-enacted) (Amendment)
Act, 2009 (hereinafter in this section referred to as “the Amendment Act of
2009”) has remained unpaid in full or in part, a person who has not paid such
tax shall be liable to pay penalty as provided under this section, on and from
the date of commencement of the said Amendment Act of 2009.

1 These words were added by Mah. 10 of 2010, s. 95 (1).
2 Sub-section (2A) was inserted by Mah. 10 of 2010, s. 95 (2).
3 Sections 150A and 150 B were inserted by Mah. 10 of 2010, s. 96.

Mah. X
of 2010.

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(2) If the other taxes or dues claimed in the bill are not paid by the date
specified  in  the  bill,  the  provisions  of  sub-section  (1)  shall, mutatis  mutan-
dis, apply to the amount which has so remained unpaid.

Special
provision for
facility for
payment of
property
taxes.

150B. Any  person  who  is  liable  to  pay  amount  of  taxes  or  any  other
dues  under  this  Act  may  avail  himself  of  the  facility  of  making  payment
thereof in any bank or to any agency specified by the Council in this behalf
by giving a public notice in two leading newspapers in circulation within the
area  of  jurisdiction  of  the  Council  and  the  person  availing  himself  of  such
facility  shall  be  liable  to  pay  such  fees  in  respect  thereof  to  such  bank  or
agency, as the case may be, as may be determined by the Council.]

Power to
assess in case
of escape from
assessment.

1[150C. Notwithstanding  anything  to  the  contrary  contained  in  this
Act or the rules made thereunder, if for any reason any person liable to pay
any of the taxes or fees leviable under this Chapter has escaped assessment
in any year, the Chief Officer may, at any time within six years from the date
on  which  such  person  should  have  been  assessed,  serve  on  such  person  a
notice assessing him to the tax or fee due and demanding payment thereon
within 15 days from the date of such service; and the provisions of this Act
and  the  rules  made  thereunder  shall,  so  far  as  may  be,  apply  as  if  assess-
ment was made in the year to which the tax or fee relates.]

151.

[When notice of demand issued—Deleted by Mah. X of 2010, s. 97.]

When warrant
may be
issued.

2[152.

If the person to whom  a bill is presented or served as provided
under  sub-section  (1)  of  section  150  does  not,  before  expiry  of  the  period
within which an appeal may be preferred against such claim, either—

(a) pay  the  tax,  penalty,  interest,  fees  and  any  other  dues  as  re-

quired  under  the  provisions  before  the  date  specified  in  the  bill;  or

(b) prefer  an  appeal  in  accordance  with  the  provisions  of  section

169 against the claim,

then such sum with all costs of the recovery may be levied under a war-
rant  signed  by  the  Chief  Officer  in  the  form  of  Schedule  V,  or  to  the  like
effect, by  distress  and  sale  of  the  movable  or  immovable  property  of  the  de-
faulter  :

Provided  that,  where  any  measures,  precautionary  or  otherwise,  have
been taken in respect of any such property for the recovery of any sum claimed
by  the  State  Government,  any  proceeding  under  this  Chapter  in  respect  of
such  property  shall  abate.]

To whom
warrant
addressed.

153.

(a) Where  the  property  is  in  the  municipal  area,  the  warrant
issued  under  the  last  preceding  section  shall  be  addressed  to  an  officer  of
the Council  ;

(b) where the property is in another municipal area, the warrant shall

be addressed to the Chief Officer of that area ;

1 Section 150C was inserted by Mah. 11 of 2011, s. 16.
2 Section 152 was substituted by Mah. 10 of 2010, s. 98.

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(c) where  the  property  is  within  the  limits  of  a  Municipal  Corporation
other  than  the  Bombay  Municipal  Corporation,  the  warrant  shall  be  ad-
dressed  to  the  Municipal  Commissioner  of  such  Corporation  ;

(d) where  the  property  is  in  Greater  Bombay,  the  warrant  shall  be

addressed to the Registrar of the Court of Small Causes of Bombay ;

(e) where  the  property  is  in  a  Cantonment,  the  warrant  shall  be  ad-

dressed  to  the  Executive  Officer  of  the  Cantonment  ;

(f) where  the  property  is  not  within  the  limits  of  a  Corporation  or  a
Municipal  area  or  a  Cantonment,  the  warrant  shall  be  addressed  to  a
Government Officer not lower in rank than a Mahalkari or Naib-Tahsildar :

Provided  that,  such  Chief  Officer,  Municipal  Commissioner,  Registrar,
Executive  Officer  or  Government  Officer  may  endorse  such  warrant  to  a
subordinate  officer.

154.

It shall be lawful for any officer to whom a warrant issued under
section 152 is addressed or endorsed, if the warrant contains a special order
authorising  him  in  this  behalf,  to  break  open  at  any  time  between  sunrise
and sunset any outer or inner door or window of a building, in order to make
any  distress  directed  in  the  warrant,  if  he  has  reasonable  grounds  for  be-
lieving  that  such  building  contains  property  which  is  liable  to  seizure
under the warrant and if after notifying his authority and purpose and duly
demanding  admittance  he  cannot  otherwise  obtain  admittance  :

Provided that, such officer shall not enter or break open the door of any
apartment appropriated for women until he has given three hours’ notice of
his intention and has given such women an opportunity to remove.

Power of entry
by force under
special order.

155.

It  shall  also  be  lawful  for  any  such  officer  if  authorized  by  the
warrant to distrain, wherever it may be found, any movable property or at-
tach  any  immovable  property  of  the  person  named  in  the  warrant  issued
under  section  152  as  defaulter,  subject  to  the  following  conditions,  excep-
tions and exemptions,  namely :—

Warrant how
to be ex-
ecuted.

(a) the  following  property  shall  not  be  distrained  :—

(i) the  necessary  wearing  apparel  and  bedding  of  the  defaulter,

his  wife  and  children,

(ii) the  tools  of  artizans,

(iii) when  the  defaulter  is  an  agriculturist,  his  implements  of
husbandry  and  such  cattle  and  seed-grain  as  may  be  necessary  to
enable  the  defaulter  to  earn  his  livelihood  ;

(b) the  property  distrained  shall  be  as  nearly  as  possible  equal  in
value  to  the  amount  recoverable  under  the  warrant  ;  and  if  any  prop-
erty  has  been  distrained  which,  in  the  opinion  of  the  Chief  Officer  or
the  person  to  whom  the  warrant  was  addressed,  should  not  have  been
so  distrained, it  shall forthwith  be  returned to  the defaulter  ;

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Sale of
property
distrained or
attached;
application of
proceeds of
sale.

(c) the officer  shall on  distraining or  attaching the  property forth-
with  make  an  inventory  thereof  and  give  to  the  person  in  possession
thereof  at  the  time  of  distraint  or  attachment  a  written  notice  in  the
form of Schedue VI ;

(d)(i) when the property is immovable, the attachment shall be made
by  an  order  prohibiting  the  defaulter  from  transferring  or  charging  the
property  in  any  way  and  all  person  from  taking  any  benefit  from  such
transfer or charge ;

(ii)  the order shall be proclaimed at some place on or adjacent to the
property  by  beat  of  drum  or  other  customary  mode,  and  a  copy  of  the
order  shall  be  fixed  on  conspicuous  part  of  the  property  and  then  upon
the  notice  board  of  the  municipal  office  and  also,  when  the  property  is
land paying revenue  to the State Government,  in the office of  the Collec-
tor of the district in which the land is situate ;

(e)  any transfer of or charge on the property attached or of any inter-
est therein made without the written permission of the Chief Officer shall
be  void  as  against  all  claims  of  the  Council  enforceable  under  the
attachment.

156.  (1)  When the property seized is not subject to speedy and natural
decay,  the  property  distrained  or  attached,  or  in  the  case  of  immovable
property a  sufficient portion thereof, may,  unless the warrant  is suspended
by the Chief Officer or the sum due by the defaulter together with all costs
incidental  to  the 1*,    warrant,  and  distress  or  attachment  and  detention  of
the  property,  is  paid,  be,  on  the  expiry  of    the  time  specified  in  the 2[bill]
served  by  the  officer  executing  the  warrant,  sold  by  public  auction 3[or  by
auction  inviting  sealed  bids]  under  the  orders  of  the  Chief  Officer,  and  the
proceeds or such part thereof as shall be requisite, shall be applied firstly in
discharge  of  any  sum  due  to  the  State  Government  in  respect  of  such
property and secondly in discharge of the sum due and of all such incidental
costs as aforesaid.   Where the sum due to the Council together with the cost
and a sum equal to five per  cent. of the purchase money for payment to the
purchaser  is  paid  by  the  defaulter,  before  the  confirmation  of  the  sale,  the
attachment  if  any,  of  immovable  property  shall  be  deemed  to  have  been
removed  and  movable  property  seized  shall  be  returned  to  the  defaulter.
Sales of movable and immovable property under this section shall be held in
the manner laid down in the rules framed in that behalf.

(2)  After sale of the property by auction as aforesaid, the Chief Officer
shall put the person declared to be the purchaser in possession of the same
and    shall  grant  him  a  certificate  to  the  effect  that  he  has  purchased  the
property  to  which  the  certificate  refers.

1. The word “notice” was deleted by Mah. 10 of 2010, s. 99 (1).

2.  This word was substituted for the word “notice” by Mah. 10 of 2010, s. 99 (2).

3.  These words were inserted by Mah. 10 of 2010, s. 99 (3).

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(3)  It shall be lawful for the Council to offer a nominal bid in the case of
any immovable property put up for auction, provided the previous approval
of the Collector is obtained to such bidding. 1[However, if the person, whose
property  has  been  acquired  by  the  Council  at  a  nominal  bid,  pays  all  his
dues, including fine, if any, within six months from the date of such auction,
the  Council  shall  restore the  property  to  him  :

Provided  that,  any  expenses  incurred  or  to  be  incurred  in  this  behalf
including  those  in  respect  of  stamp  duty  paid  or  payable,  if  any,  shall  be
borne  by  such  person  and  that  he  shall  not  be  entitled  to  any  damages  or
compensation  whatsoever  in  respect  of  such  property.]

157.

The  surplus,  if  any,  remaining  after  the  sale  of  property  under
the last preceding section, shall be forthwith credited to the municipal fund,
notice of  such  credit  being  given  at  the  same  time  to  the  person  in  whose
possession the property was at the time  of distraint or attachment ; if such
person claims the surplus by written application to the Chief Officer within
three  years  from  the  date  of  the  notice  given  under  this  section,  the  Chief
Officer shall refund the surplus to such person.  Any sum not claimed within
three years from the date of such notice shall be the property of the Council.

158. Where  the  warrant  is  addressed  outside  the  municipal  area  un-
der section  153,  the  Chief Officer  may  by  endorsement  direct  the  officer  or
Registrar  of  the  Court  of  Small  Causes  of  Bombay  to  whom  the  warrant  is
addressed  to  sell  the  property  distrained  or  attached  ;  in  such  case  it  shall
be lawful for such officer or Registrar to sell the property and to do all things
incidental  to  the  sale  in  accordance  within  the  provisions  of  sections  155,
156 and 157 and to exercise the powers and perform the duties of the Chief
Officer under sections 156 and 157, in respect of such sale except the powers
of suspending the warrant.   Such officer or Registrar shall, after deducting
all  costs  of  recovery  incurred  by  him  and  after  confirmation  of  the  sale,  re-
mit the amount recovered under the warrant to the Chief Officer by whom it
was issued who shall dispose of the same in accordance with the provisions
of sections 156 and 157.

Surplus if any
how dealt
with.

Sale outside
municipal
area.

159.      Fees  for 2[*  *  *  *  *]  every  warrant  issued  under  section  152  or
distress or attachment made under section 155 and the maintenance of any
livestock  seized  under  the  said  section  shall  be  chargeable  at  the  rates
respectively  specified  in that  behalf  in  the  by-laws  of the  Council  and  shall
be  included  in  the  costs  of  recovery.

Fees and
costs charge-
able.

160.

(1)  If the Chief Officer shall at any time have reason to belive that
any  person  from  whom  any  sum  recoverable  under  the  provisions  of  this
Chapter is due or is about to become due, is about forthwith to remove from
the municipal area, the Chief Officer may direct the immediate payment by
such person of the sum so due or about to become due by him and cause a bill
for the same to be presented to him.

Summary
proceeding
may be taken
against person
about to leave
municipal
area.

1  This portion was added by Mah. 18 of 1993, s. 26.

2  The words and figures “every notice issued under section 151” were deleted by Mah. 10 of

2010, s. 100.

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(2)    If,  on  presentation  of  such  bill,  the  said  person  does  not  forthwith
pay  the sum due or about to become due by him the amount shall be leviable
by  distress  and  sale  of  the  movable  property  or  the  attachment  and  sale  of
the  immovable  property  of  the  defaulter  in  the  manner  hereinbefore  pre-
scribed, 1[***]  and  the  Chief  Officer’s  warrant  for  distress  and  sale  may  be
issued  and  executed  without  any  delay.

161.      The  State  Government  may  make  rules  for  prescribing  such
supplemental or incidental provisions as it deems fit for ordering and hold-
ing  and  confirming  sales  by  public  auction 2[or  by  auction  inviting  sealed
bids]  of  any  property  or  class  of  property  distrained  or  attached  under  this
Act.

Sales in other
cases by
whom to be
ordered and
the manner of
making and
confirming
them.

Liability of
lands, build-
ings, etc. for
taxes.

162. All  sums  due  on account  of  any  tax  on  lands or  building  or  both
shall, subject to the prior payment  of  land  revenue, if any, due to Govern-
ment    thereupon,  be  a  first  charge  upon  the  building  or  land,  in  respect  of
which such tax is leviable and upon the movable property, if any, found within
or upon such building or land, and belonging to any person liable for such tax :

Provided that, no arrears of any such tax  shall  be  recovered  from  any
occupier who is not  the owner if such arrears have been due for more than
one  year  for  a  period  during  which  occupier  was  not  in  occupation.

Receipts to be
given for all
payments.

163. For all sums paid on account of any tax under this Act, a receipt
stating the amount, and the tax on account of which it has been paid, shall be
tendered  by  the  person  receiving  such  payments.

Certain
amounts to be
recovered as
arrears of
land revenue.

164. Where  any  amount  referred  to  in  section  149  has  become  due
and  cannot  be  recovered  under  the  forgoing  provisions  of  this  Chapter  by
reason  of  the  person  liable  for  the  payment  thereof  being  outside  the  State
of Maharashtra or his not having any or sufficient property in the State, and
such  person  has  property  outside  the  State,  then  such  amount  shall  be
recoverable as an arrear of land revenue and the provisions of the Revenue
Recovery  Act,  1890  shall  apply  to  the  recovery  thereof.

I of
1890.

Stay orders on
warrants by
whom to be
issued.

165. When  a  warrant  is  issued  under  section  152,  no  authority  other
than the Chief Officer who issued the warrant shall have the power to hold
back execution of the warrant :

Provided  that,  the Appellate Authority  to  whom  an  appeal  has  been
preferred under section 169 or the authority to whom a revision application
is made under section 171, may issue a stay order if the circumstances of the
cases  so  demand,  only  after  the  appeal  or  application  for  revision  is  duly
admitted,  and  after  recording  the  reason  for  making  such  order.

1 The words “except that it shall not be necessary to serve upon the defaulter any notice of

demand” were deleted by Mah. 10 of 2010, s. 101.

2 These words were inserted by Mah. 10 of 2010, s. 102.

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133

166.

[Interest  payable  on  dues  for  taxes-Deleted  by Mah. X  of  2010,

s. 103.]

167. Subject to the approval of the Collector and subject to such rules
as the  State Government  may make  in this  behalf, a  Council may  write off

any tax, fee or other amount due to it which in its opinion is irrecoverable :

Provided that, no amount shall be written off unless a resolution to that

effect is passed by a majority of not less than three-forths of the total num-

ber  of  Councillors  :

Provided  further  that,  no  approval  of  the  Collector  need  be  obtained  if

the sum to be written off, not being a sum under a contract, is not more than

1[five  hundred rupees]  in any  case.

2[167A. Notwithstanding anything contained in section 167 or any other
provisions  of  this  Act,  the  Council  may,  grant  such  rebate,  as  may  be

approved by the State Government, to any person or class of persons, primarily

liable  for  payment  of  property  tax,  who  pays  the  amount  of  arrears  of  the

Power of
Council to
grant rebate
for payment of
arrears of tax.

property tax, as per the schedule of payment fixed by the Council.]

Appointment
of Recovery
Officer.

168.

(1)  Notwithstanding any other mode of recovery provided by this

Act,  any  arrears  of  any  tax,  or  any  amount  due  to  the  Council  under  a

contract, agreement, lease, auction, security or indemnity bond or any other

money due to the Council under this Act or the rules or by-laws made there-

under, together with any sum on account of process fees, interest and other

costs, shall be recoverable as if it were an arrears of land revenue, by a Rev-

enue  Officer  to  be  appointed  for  the  purpose  by  the  Commissioner  of  the

Division if such an officer is above the rank of  Mahalkari or Naib Tahsildar

and by the Collector of the District if such an officer is of or below the rank

of a Mahalkari or Naib Tahsildar :

Provided  that,  no  such  Recovery  Officer  shall  be  appointed  unless  the

Council by a resolution passed at a special meeting for that purpose, makes

a  written  request  to  the  Commissioner  or  the  Collector  concerned.

(2)  In case the arrears of all kinds due to a Council as on the 31st day of

December, are in excess of fifty per cent. of the total of such arrears as at the

close  of  the  previous  financial  year,  the  Director  may  without  reference  to

the  Council,  make  a  requisition  to  the  Collector  or  the  Commissioner

concerned  for  appointment  of  a  Recovery  Officer.

1 These words were substituted for the words “one hundred rupees” by Mah. 18 of 1993, s. 27.

2 Section 167A was inserted by Mah. 7 of 2009, s. 16.

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(3) In either case, the expenses on the salary and allowances of the Recov-
ery Officer and such other subordinate staff as the Collector or, as the case
may be, the Commissioner may appoint to assist the Recovery Officer, shall
be paid by the Council.

(4)    The  Recovery  Officer  so  appointed  shall  have  all  the  powers  of  a
Revenue Officer under 1[Chapter XI of the Maharashtra Land Revenue Code,
1966], or any corresponding law for the time being in force, but only for the
purposes  of  recovery  of  municipal  arrears  recoverable  under  this  Act  as
arrears  of  land  revenue.

Appeals  to
8[Magistrate
or
9[Committee]].

169.

2[(1)  ]  Appeals  against  any  claim  for  taxes 3[(except  taxes  on
buildings  and  lands  or  both)]  or  other  dues  included  in  a  bill  presented  to
any  person  under  section  150  or  any  other  provisions  of  this  Act  may  be
made to any Judical Magistrate or Bench of such Magistrate by whom under
the direction of the Sessions Judge such class of cases is to be tried.

Mah.
XLI of
1966.

4[  5[ (2)    Appeal  against  any  claim  for  taxes  on  buildings  and  lands  or
both  including  other  dues  in  relation  thereto,  if  any,  included  in  the  bill
presented to any person under section 150 may be made, at the direction of
the  assessee,—

(a)  first to the Property Tax Appeal Committee for each Municipal

Council,  consisting  of  the  following  members,  namely  :—

(i) Collector  of  the  District  or  his  nominee

ex-officio

not  below  the  rank  of  a  Deputy  Collector

Chairman ;

(ii) President  of  the  Council

. .

. .

ex-officio

Member ;

(iii) Chairperson  of  the  Women  and  Child

ex-officio

Welfare  Comittee  and  where  there  is  no  such
Committee  constituted  then  Chairperson  of
any other  Subjects Committee as  the Council
may  determine,  till  the Constitution  of  such
Committee.

Member ;

6[(iv) Leader  of  the  Opposition  in  Council

member ;]

(v) An officer of the Town Planning and
Valuation  Department  other  than  the  concerned
Valuation Officer not  below  the rank  of  a
Town Planning  Officer  to  be nominated  by the
Deputy Director of Town  Planning  of  the
concerned  Division  ;

7[ Explanation.—For  the  purposes  of    sub-clause  (iv),  Leader  of  the
Opposition  in  the  Council  means  an  elected  Councillor  who  is  in  for  the
time  being,  the  leader  of  the  political  party, Aghadi  or  Front  which  is  in
opposition  in  the  Council,  having  greatest  numerical  strength,  as  informed
1 These words were substituted for the words and figures “Chapter X of the Bombay Land

Revenue Code, 1879”, by Mah. 10 of 2010, s. 104.

2 Section169 was renumbered as sub-section (1) thereof by Mah. 13 of 1993, s. 4(a).
3 These brackets and words were inserted by Mah. 13 of 1993.
4 After sub-section (1) as so resumbered sub-sections (2) to (8) were added by Mah. 13 of 1993,

s.4 (b).

5 Sub-section (2) was substituted by Mah. 43 of 1995, s. 2 (a).
6 Sub-clause (iv) was substituted by Mah. 21 of 1996, s. 5 (a) (1).
7 Explanation was added by Mah. 21 of 1996, s. 5(a) (ii) with effect from 16th May 1996.
8 The words “Magistrate or Tribunal” were substituted for the word “Magistrates”  by Mah. 13

of 1993, s. 4(c).

9 The word “Committee” was substituted for the word “Tribunal”  by Mah. 43 of 1994, s. 2(c).

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by the political party, Aghadi or Front,  to the Collector as  provided by rule
3 of the Maharashtra Local Authority Members’ Disqualification Rules, 1987,
framed  under 
the  Maharashtra  Local  Authority  Members’.
Disqualification Act, 1986 ;]

Mah. XX
of 1987.

or

(b) directly  to  any  Judicial  Magistrate  or  Bench  of  such
Magistrates,  by  whom  under  the  direction  of  the  Sessions  Judge  such
class of cases is to be tried :

Provided  that  an  appeal  against  the  decision  of  the  Property  Tax
Appeal  Committee  under  clause  (a)  shall  lie  to  the  Judicial  Magistrate  or
Bench of such Magistrates referred to in clause (b).]

1[(2A) Notwithstanding  anything  contained  in  sub-section  (2),  the
Property  Tax  Appeal  Committee  may, suo  motu  review  all  cases  (excluding
those  in  which  appeals  have  directly  been  preferred  under  clause  (b)  of
sub-section (2), where the rateable values 2[or the capital values, as the case
may  be,]  of  the  properties  have  increased  three-fold  or  more  than  the  last
preceding  revision  done  under  section  124  :

Provided that, the Regional Director, on a revision application made by
a    property  owner,  within  fifteen  days  from  the  date  of  the  decision  of  the
Property  Tax  Appeal  Committee,  may,  reconsider  the  decision  of  the  said
Committee  and  on  being  satisfied  about  the  merits  of  the  case  issue
directions to amend the said decision and the decision so amended, shall be
deemed  to  be  the  final  decision  of  the  Committee.]

(3) The  Chairman  shall  preside  over  all  meetings  of  the 3[Committee].

(4) The  Chairman  shall  fix  the  date,  time  and  place  of  the  hearing  of
each  appeal  and  issue  an  individual  notice  of  hearing  to  the  Chief  Officer
and  the Appellant.

(5) The quorum for every meeting of a Tribunal shall be three including

the Chairman of the 3[Committee] :

Provided that, if within half an hour of the time fixed for the meeting of
the 3[Committee]  there  is  no  quorum  and  if  the  Chairman  alone  or  Chair-
man and any one member are present, the Chairman alone, or the Chairman
and the other member, as the case may be, shall be deemd to be the neces-
sary quorum to constitute the meeting of the 3[Committee].   The Chairman
shall  then  proceed  further  with  the  hearing  and  record  the  decision  in  the
appeal which shall be deemed to be the decision of the 3[Committee  ].

(6)    Save  as  otherwise  provided  in  sub-section  (5),  all  decision  of  the
3[Committee]  shall  be  by  a  majority  opinion  of  the  members  present  and
where the  opinion is equally divided,  the decision of  the Chairman shall  be
the  decision  of  the 3[Committee].

1 Sub-section (2A) was inserted, by Mah. 21 of 1996, s 5 (b) with effect from 16th May 1996.
2 These words were inserted by Mah. 10 of 2010, s. 105.
3 The word “Committee” was substituted for the word “Tribunal” by Mah. 43 of 1994, s. 2(b).

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(7)  No act or proceedings of any such 1[Committee] shall be deemed to
be invalid by reason only of the existence of any vacancy among its members
or  any  defect  in  the  constitution  thereof.

(8)    A  certified  copy  of  the  decision  of  the 1[Committee]  shall  be

supplied  to  the  concerned  parties,  by  the 1[Committee].]

170. No 2[appeal under the last preceding section] shall be entertained

unless—

3[(a)  the  appeal,—

Procedure in
appeal.

(i)    under  sub-section  (1)  or  under  clause  (b)  of  sub-section  (2)  of
section 169 is  brought within 4[thirty days] next  after the presentation
of the bill complained of ;

(ii)  under clause (a) of sub-section (2) of section 169, to the Property
Tax  Appeal  Committee  is  brought  within 4[thirty  days],  next  after  the
presentation of  the bill complained of  ; and

(iii)  under the proviso to sub-section (2) of section 169, to the Judical
Magistrate against the decision of the Property Tax Appeal Committee
is  brought  within 4[thirty  days],  next  after  the  decision  of  that
Committee :

5 [* * * ]

(b)  an application in writing stating the grounds on which the claim
of  the Council  is disputed,  has  been made  to the  Council  in the  case of  a
tax on buildings or lands or both within the time fixed in the notice given
under  section  199  or  123  of  the  assessment  or  alteration  thereof,
according  to  which  the  bill  is  prepared;

and

6[(c)(i) the  appellant under sub-section (1) 7[or sub-section (2) as the
case may be] of section 169 has paid in the municipal office the full amount
included in the bill; and

8[(ii)  where the appeal is not filed in accordance with the provisions
of section 169 and this section, it shall be liable to be summarily dismissed;]

1 The word “Committee” was substituted for the word “Tribunal” by Mah. 43 of 1994, s. 2(b).
2 These words were substituted for the words “such appeal” by Mah. 43 of 1994, s. 3 (a).
3 Clause (a) was substituted by Mah. 43 of 1994, s.3 (b).
4 These words were substituted for the words “fifteen days” by Mah. 21 of 1996, s. 6 (1), with

effect from 16th May 1996.

5 The proviso was deleted by Mah. 10 of 2010, s. 106 (1).

6 Clause (c) was substituted by Mah. 13 of 1993, s. 5 (c).

7 These words were inserted by Mah. 10 of 2010, s. 106 (1) (a).

8 Sub-clause (ii) was substituted by Mah. 10 of 2010, s. 106 (1) (b).

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137

1 *

*

  *

*

2[171. The  decision  of  the  Magistrate  or  Bench  or  Magistrates  in  any
appeal  made  under  section  169  shall,  at  the  instance  of  either  party,  be
subject to the revision by the Court to which appeals against the decision of
such  Magistrate  or  Bench  of  Magistrate  ordinary  lie.]

Revision by
Court.

3[171A.Where the decision of the Magistrate or Bench of Magistrates is
not  final  by  virtue  of  the  provisions  of  section  171  which  provides  for
revision by the Court, and in pursuance of this provision if a revision or any
further  proceeding  is  filled  and  is  pending,  then,  notwithstanding  anything
contained  in  this  Act,  it  shall  be  lawful  for  the  Chief  Officer  to  assess  the
property taxes, from year to year, on the basis of rateable value or the capi-
tal  value,  as  the  case  may  be,  determined  under  the  provisions  of  this  Act,
subject, however, to the provisions of sections 169 and 170.]

Power of Chief
Officer to
make fresh
assessment.

172. No objection shall be taken to any valuation, assessment or levy
nor shall the liability of any person to be assessed or taxed be questioned, in
any other manner or by any other authority than is provided in this Act.

Bar of other
proceedings.

4[172A.  (1)    Notwithstanding  anything  contained  in  sections  113,  114,
115, 117, 119, 120, 122, 123, 124, 169, 170, 171 and 172, every rateable value
or the capital value, as the case may be, shall be subject to the valuation or
revision  by  the  Maharashtra  Municipal  Property  Tax  Board  established
under section 3 of the Maharashtra Municipal Property Tax Board Act, 2011
(hereinafter  referred  to  as  “the  Municipal  Property  Tax  Board”).

Mah.
XIV of
2011.

(2)  Notwithstanding anything contained in this Act, no appeal against
fixing of rateable value or the capital value, as the case may be, or tax fixed
or  charged  under  this  Act  shall  lie  to  the  Property  Tax  Appeal  Committee
constituted under sub-section (2) of section 169, when the subject matter of
such  rateable  value,  or  the  capital  value  or  tax  fixed  or  charged  under  this
Act  is under  consideration  of  the Municipal Property  Tax Board  and  where
any  such  appeal  is  already  preferred  or  revision  under  section  171  is  al-
ready  made  the  same  shall,  upon  proceedings  being  intiated  by  the  Board,
stand transferred to, and be dealt with by, the Municipal Property Tax Board.]

CHAPTER  XI

STREETS AND OPEN SPACES.

173.

(1) It shall be lawful for a Council—

(a) to  lay  out  and  make  new  public  streets,  including  tunnels,

bridges, sub-ways  and other works  subsidiary to public  streets ;

(b) to  widen,  open,  extend  or  otherwise  imporve  any  public  street

or any work subsidiary to a public street ;

(c) to  divert  or  close  temporarily  any  public  street  ;

(d) subject  to  the  provisions  of  sub-section  (2),  to  close  any  public

street  permanently.

Powers in
respect of
public streets.

1 Clause (d) was deleted by Mah. 43 of 1994, s. 3 (c).

2 Section 171 was substituted by Mah. 43 of 1994, s.4.

3 Section 171A was inserted by Mah. 10 of 2010, s. 107.

4 Section 172 A was inserted by Mah. 14 of 2011, s. 4.

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(2) Before  any  resolution  to  close  any  public  street  permanently  is
passed by the Council, the Chief Officer shall, by a notice put up in the street
which is proposed to be closed permanently and also on the notice board in
the  municipal  office,  declare  the  intention  of  the  Council  to  close  the  street
permanently.  The  Council  shall  consider  all  objections  to  the  said  proposal
made in writing and deliverd at the municipal office within one month from
the  date  of  the  publication  of  the  notice  under  this  sub-section  before
passing  a  resolution  so  to  close  the  street  permanently.

(3)    In  laying  out,  making,  turning,  diverting,  widening,  opening,
extending  or  otherwise  improving  any  public  street,  in  addition  to  the  land
required for the carriage-way and foot-ways and drains thereof, the Council
may  acquire  the land  required  for  the  construction  of buildings  to  form  the
said street, and subject to the provisions of section 92, may sell and dispose
of  such  additional  land  in  perpetuity  or  on  lease  for  a  term  of  years,  with
such  stipulations  as  to  the  class  and  description  of  buildings  to  be  erected
thereon as it may think fit.

Powers to
declare any
street a
public street,
subject to
objections by
owners.

174.

(1) The Council may, at any time, by notice fixed  up in any street
or  part  of  a  street  which  is  not  a  public  street,  give  intimation  of  its  inten-
tion to declare the same to be a public street, and unless within one month
next  after  such  notice  has  been  so  put  up,  the  owner  or  if  there  are  more
than  one  owner  the  owners  of  the  greater  portion  of  such  street  or  of  such
part of a street lodges or lodge objections thereto at the municipal office, the
Council may by notice in writing put in such street, or such part, declare the
same to be a public street.

(2) If  such  owner  or  owners  object  to  the  proposal  under  sub-section
(1),    the  Council  may,  after  considering  such  objections  and  with  the
previous  sanction  of  the  Collector,  declare  such  street  to  be  a  public  street,
and  the  owner  or  owners  so  objecting  shall  be  entitled  to  compensation
determined  in  the  manner  provided  in  section  330.

(3) Every  such street  which becomes  a  public street  under this  section

shall vest in the Council.

Powers to
require repair
etc., of private
streets and to
declare them
as public
street.

175.

(1) Where  a  Council  considers  that  in  any  street  not  being  a
public  street,  or  in  any  part  thereof,  within  the  municipal  area,  it  is
necessary for the public health, convenience or safety that any work should
be  done  for  the  levelling,  paving,  metaling,  flagging,  channeling,  draining,
lighting  or  cleaning  thereof,  the  Council  may  by  written  notice  require  the
respective  owners  of  the  lands  or  builidngs  fronting,  adjoining,  or  abutting
upon  such  street  or  part  thereof,  to  carry  out  such  work  in  a  manner  and
within a time to be specified in such notice.

(2) After  such  work  has  been  carried  out  by  such  owners,  or  as
provided in section 328 by the Council at the expense of such owners, and if
all  land  revenue  payable  to  the  State  Government  in  respect  of  the  land
comprised in such street or part thereof has been paid, by such owners, the
Council  may,  and  on  the  joint  requisition of  the  owners  of  such  street  or  of

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139

the greater portion of such street, shall under the provisions of section 174
and  in  the  manner  prescribed  in  that  section,  delcare  such  street  to  be  a
public  street,  and such  street  shall  thereafter  vest in  the  Council.

(3) If  the  notice  under  sub-section  (1)  is  not  complied  with  and  such
work  is  executed  by  the  Council  as  provided  in  section  328,  the  expenses
therby  incurred  shall  be  apportioned  by  the  Council  between  such  owners
in  such  manner  as  it  may  think  fit,  regard  being  had,  to  the  amount  and
value  of  any  work    already  done  by  the  owners  or  occupiers  of  any  such
lands  or  buildings.

176.

(1) The Chief Officer shall subject to the approval of the Council
prescribe  a  line  on  each  side  of  every  public  street  within  the  municiple
area.

Regular line
of a public
street.

(2) The  Chief  Officer  shall  give  a  public  notice  of  the  proposal  to  pre-
scribe such line for any street and shall also put up a special notice thereof
in  the  street  for  which  such  line  is  proposed  to  be  prescribed.  The  Council
shall,  before  approving  the  line  of  the  street  consider  all  objections  or  sug-
gestions  in  respect  of  the  said  proposal  made  in  writing  and  delivered  at
the  municipal  office  within  one  month  from  the  date  of  the  publication  of
the  notice  under  this  sub-section.

(3) The line for the time being so prescribed shall be called “the regular

line  of  the  public  street”.

(4) The Chief Officer may from time to time in the manner laid down in
sub-sections (1) and (2) prescribe a revised line in substitution of any regu-
lar  line  of  street  already  perscribed  and  any  reference  in  this  Act  to  the
regular  line  of  the  public  street  shall  be  deemed  to  include  a  reference  to
such  revised  line.

(5) No resolution apporoving a regular line of a public street under sub-
section (1) or approving a revised line under sub-section (4) shall be passed
by  the  Council  if  such  line  or  revised  line  has  the  effect  of  reducing  the
width of the street or shifting any such line towards the centre of the street,
without  the  previous  sanction  of  the  Collector.

(6) (a) Except under the provisions of sections 180, no person shall con-
struct or reconstruct any portion of any building within the regular line of a
public street or within such distance behind the regular line of public street
as may be  prescribed by-laws, without the permission of  the Chief Officer ;

(b)  Where  the  Chief  Officer  refuses  permission  to  construct  or  recon-
struct any building in any area within the regular line of the public street,
such area shall, with the approval of the Council, be added to the street and
shall thenceforth be deemed part of the public street and shall be vested in
the  Council;

(c) Compensation, the amount of which shall, in case of dispute, be as-
certained  and  determined  in  the  manner  provided  in  section  330  shall  be
paid by the Council to the owner of any land added to a street under clause
(b) for the value of the said land, and to the owner of any building or any  loss,

H 4109-20

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[1965 : Mah. XL

damages  or  expenses  incurred  by  such  owner  inconsequence  of  any  action
taken  or  order  passed  by  the  Chief  Officer  under  this  sub-section:

Provided  that,  no  such  compensation  shall  be  payable  in  respect  of
any  building  or  portion  thereof  in  respect  of  which  a  notice  has  been  is-
sued under sub-section (1) of section 195.

(7) The provisions of sub-sections (8), (9), (10) and (11) of section 189
shall mutatis  mutandis  apply  to  any  building  or  portion  of  a  building
constructed  in  contravention  of  the  provisions  of  clause  ( a)  of  sub-
section  (6).

Setting  back
projecting
buildings.

177.

(1) If any part of the building projects beyond the regular line of
a  public  street  as  prescribed  under  the  last  preceding  section,  the  Council
may—

(a) (i) if the projecting part thereof is any structure external to the

main  building, then at any time ;  or

(ii) if the projecting part is not an external structure as aforesaid,
then  whenever  the  greater  portion  of  such  building  or  whenever  any
material portion of such projecting part has been taken down or burned
down or has fallen down,

require  by  written  notice  either  that  the  part  of  some  portion  of
the  part  projecting  beyond  the  said  regular  line  shall  be  removed  or
that such building when rebuilt shall be set back to or towards the said
regular  line;

(b) if the provisions of clause (a) do not apply and if in the opinion
of the Council it is necessary to set back the building to the regular line
of the public street require by written notice to show cause within such
period as may be specified in such notice,why such projecting part shall
not  be  pulled  down  and  the  land  within  the  said  line  acquired  by  the
Council.

(2) If such owner fails to show sufficient cause to the satisfaction of the
Council  why  such  projecting  part  shall  not  be  pulled  down  and  the  land
within the said line acquired as aforesaid, the Council may require the owner
by a  written notice to  pull down the  projecting part.

(3) The Council shall at once take possession of the portion of the land
within the  regular line  of the public  street theretofore  occupied by  the pro-
jecting part so removed or set back under clause (a) or (b) of sub-section (1)
or sub-section (2) and such land shall thenceforward be deemed a part of the
public street and shall vest as such in the Council.

(4) If any land not vested in the Council, whether open or enclosed, lies
within  the  regular  line  of  a  public  street  and  is  not  occupied  by  a  building
other than a structure external to a main building, the Council, after giving
the  owner  of  the  land  not  less  than  thirty  clear  days’  written  notice  of  its
intention,  or  if  the  land  is  vested  in  Government  then  with  the  permission
in  writing  of  the  Collector,  may  take  possession  of  the  said  land  with  its
enclosing wall, hedge or fence, or such external structure, if any, and if nec-
essary,  clear  the  same,  and  the  land  so  acquired  shall  thenceforward  be
deemed a part of the public street, and be vested in the Council.

(5) Compensation,  the  amount  of  which  shall,  in  case  of  dispute,  be
ascertained and determined in the manner provided in section 330 shall be
paid  by  the  Council  to  the  owner  of  any  land  added  to  a  street  under
sub-section  (3)  or  acquired  under  sub-section  (4),  for  the  value  of  the  said

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land,  and  to  the  owner  of  any  building  for  any  loss,  damage  or  expense
incurred  by  such  owner  in  consequence  of  any  action  taken  by  the  Council
under either of the  said sub-section :

Provided that, no such compensation shall be payable in respect of any
building or portion thereof in respect of which a notice has been issued under
sub-section (1) of section 195.

(6) When  the  amount  of  compensation  has  been  so  ascertained  and
determined or when a ruinous or dangerous building falling under sub-section
(1)  has  been  taken  down  under  the  provisions  of  section  195,  the  Council
may, after tendering the amount of compensation, if any, as may be payable
take  possession  of  the  land  so  added  to  the  street,  and  if  necessary,  may
clear the  same.

(7) When  no  regular  line  of  public  street  has  been  prescribed  under
section 176 in respect of any portion of a public street, if any part of a building
projects beyond the front of the building on either side thereof, such projecting
part  shall  be  deemed  to  be  within  the  regular  line  of  the  street  and  the
provisions of this section shall mutatis mutandis apply to such part.

178.

(1) If any building adjoining a public street is in rear of the regular

line  of  such  street,—

(a) the Council may upon such terms as it thinks fit, permit it to be

set forward for the purpose of improving the line of the street ; and

(b) whenever  it  is  proposed  to  rebuild  such  building  or  to  alter  or
repair such building in any manner that will involve the removal or re-
erection of such building or of the greater portion thereof which adjoins
the  said  street,  the  Council  may,  in  granting  any  permission  for  such
work,  require  such building  to  be  set  forward  for improving  the  line  of
the  street.

(2) If  the  land  which  will  be  included  in  the  premises  of  any  person
permitted or required to set forward a building under sub-section (1) belongs
to  the  Council,  the  permission  or  the  requisition  of  the  Council  so  to  set
forward  the  building  shall  be  a  sufficient  conveyance  to  the  said  owner  of
the said land; and the price to be paid to the Council by the said owner for
such  land  and  other  terms  and  conditions  of  the  conveyance  shall  be  set
forth in the said permission or the requisition, as the case may be.

(3) For  the  purposes  of  this  section,  a  wall  separating  any  premises
from a public street shall be deemed to be a building and it shall be deemed
to be a sufficient compliance with permission or requisition so to set forward
a  building  to  the  regular  line  of  a  street  if  a  wall  of  such  material  and
dimensions as  are approved  by the  Council is  erected along  the said  line.

179.

(1) No  person  shall,  except  with  the  written  permission  of  the

Chief  Officer  under  sub-section  (4)—

(a) build  or  set  up,  any  fence,  rail,  post,  stall,  platform  or  any
projecting    structure  or  thing,  or  make  any  other  encroachment  or
obstruction  ;

(b) place  or  deposit  or  cause  to  be  placed  or  deposited  any  box,

bale, package or merchandise or any other thing,

in  any  public  street  or  upon  any  drain,  gutter,  sewer  or  aqueduct  in
such  street.

Setting
forward to
regular line of
street.

Surface
projections,
obstructions
and encroach-
ments in
respect of
public streets.

H 4109-20a

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

[1965 : Mah. XL

(2) Whoever  contravenes  any  provision  of  sub-section  (1),  shall,  unless
the  provisions  of  clause  (a)  of  sub-section  (6)  of  section  176  apply,  on
conviction, be punished with fine which may extend to 1[one thousand rupees],
and  in  the  case  of  a  continuing  contravention  with  further  fine  which  may
extend  to 2[two  hundred  rupees]  for  every  day  after  the  first  during  which
such  contravention  continues.

(3) The  Chief  Officer  shall  have  power  to  remove  without  notice  any

such  projection,  obstruction  or  encroachment,—

(i) made  in  contravention  of  sub-section  (1)  or  contrary  in  any

manner to any permission granted under sub-section (4) ; or

(ii) in respect of which the period specified in the permission under

sub-section  (4),  has  expired.

(4) Subject  to  the  provisions  of  the  by-laws,  if  any,  the  Chief  Officer

may  allow  any  temporary  occupation  of or  erection  in  any  public  street—

(i) on  occasion  of  festivals  and  ceremonies  in  such  manner  as  not

to  inconvenience  the  public  or  any  individual  ;

(ii) for depositing timber, bricks or other material that has been or

is intended to  be used for building  purposes ;

(iii) for  any  other  purpose  specified  in  the  by-laws.

(5) Permission granted under sub-section (1) or (4) shall be terminable
at the discretion of the Chief Officer on his giving not less than twenty four
hours’  written  notice  to  the  person  to  whom  such  premission  was
granted. Such  notice shall  state the  reasons  for such  action.

(6) Every person to whom any permission is granted under sub-section
(1) or (4) shall, at his own expense, cause the place where he has set up any
erection  or  deposited  anything,  to  be  properly  fenced  and  guarded,  and,  in
all  cases  in  which  the  same  is  necessary  to  prevent  accident,  shall  cause
such place to be well lighted during the night.

(7) Every person to whom any permission is granted under sub-section
(1) or (4) shall immediately after the removal of the erection made or thing
placed  or  deposited  restore  and  make  good  the  street  to  the  satisfaction  of
the  Chief  Officer.

(8) Whoever  contravenes  the  conditions  of  any  permission  granted
under  sub-section  (4),  or  fails  to  comply  with  the  provisions  of  sub-section
(6)  or  (7),  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to
1[one  thousand    rupees],  and  in  the  case  of  continuing  contravention  with
further fine which may extend to 2[two hundred rupees] for every day after
the  first  during  which  such  contravention  continues.

180.

(1) Except as provided in sub-section (2), no person shall erect, set
up, add to or place against or in front of any premises any structure or fixture
which  will,—

(a) overhang, jut  or project into or over, or obstruct in any way the

safe or convenient passage of the public along any public street ; or

1 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 2

(1)(a).

2 These words were substituted for the words “twenty rupees” by Mah. 1 of 2011, s. 2 (1)(b).

Prohibition of
projections
other than
surface
projections,
upon streets,
etc.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

143

(b) jut  or  project  into  or  over  any  drain  or  open  channel  in  any
public  street  or  interfere  with  the  use  of  proper  working  of  such  drain
or  channel  or  to  impede  the  inspection  or  cleansing  thereof.

(2) The  Council  may,  subject  to  any  by-laws  made  in  this  behalf,  give
written permission to the owner or occupier of any building in a public street
to put up verandahs, balconies or rooms projecting from any upper storey of
such  building,  or  rooms,  caves,  weather-boards,  and  similar  projections,  to
an extent  not exceeding  four feet beyond  the line of  the plinth  or basement
wall of the building.

(3) Permission  granted  under  sub-section  (2)  may  be  permanent  or  for
such period at a time as may be specified in writing when such permission is
granted.

(4) Notwithstanding  any  proceedings  which  may  be  taken  under
sub-section (7), the Council may, by written notice, require the owner or the
occupier  of  any  such  building  to  remove  or  alter  any  such  projection,  or
obstruction—

(i) which  has  been  constructed  or  made  whether  with  or  without
contrary  in  any  manner  to  the  permission  granted  under  sub-section
(2) ;

(ii) which  has  been  constructed  or  made  contrary  to  the  provision
of  any  law  for  the  time  being  in  force  if  such  projection  or  obstruction
was  constructed  or  made  before  the  appointed  day  ;

(iii) when  the  period  for  which  the  permission  under  sub-section

(2) was granted has expired.

(5) The  Council  may  also  after  giving  opportunity  to  the  owner  or
occupier  of  a  building  of  making  representation  require  him  by  notice  to
remove  or  alter  any  projection  or  obstruction  constructed  or  made  to  which
sub-section (4) does not apply :

Provided that, the Council shall make reasonable compensation to every
person  who  suffers  damage  by  such  removal  or  alteration  under  this
sub-section.

(6) If  the  occupier  of  any  building  removes  or  alters  any  structure  or
fixture  in  accordance  with  such  notice,  he  shall  be  entitled,  unless  the
structure  or  fixture  was  erected,  set  up  or  placed  by  himself,  to  credit  in
account  with  the  owner  of  the  building  for  all  reasonable  expenses  incured
by him in complying with the said notice.

(7) Any  such  owner  or  occupier  putting  up  any  projection  or
obstruction  without  the  permission  of  the  Council  under  sub-section  (2),  or
in  contravention  of  such  permission  or  any  owner  or  occupier  who  fails  to
remove  any  projection,  encroachment  or  obstruction  after  the  receipt  of  a
notice  from  the  Council  under  sub-section  (4)  or  (5)  shall,  on  conviction,  be
punished with fine which may extend to 1[one thousand rupees] and in the case
of a continuing offence with further  fine which may extend to 2[two hundred
rupees]  for  every  day  after  the  first  during  which  such  offence  continues.

1 These words were substituted for the words “one hundred rupees” by Mah.1 of 2011, s. 3(1).

2 These words were substituted for the words “twenty rupees” by Mah. 1 of 2011, s. 3(2).

144

Projections,
encroach-
ments, etc., in
public places
and open
spaces
whether
vesting in
council or not.

Power to
require
boundary
walls, hedges,
etc., to be
constructed or
removed.

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

[1965 : Mah. XL

181.

(1) The provisions of section 180 shall mutatis mutandis apply to

any public place or any open space, vesting in the Council.

(2) The provisions of sub-sections (2) and (3) of section 180 shall apply
to  any  public  place  or  any  open  space  which  is  not  a  private  property  and
which does not vest in the Council :

Provided  that,  if  such  public  place  or  open  space  is  vested  in  Govern-

ment  the  permission  of  the  Collector  shall  first  be  obtained.

(3) Whoever  not  being  duly  authorised  in  that  behalf,  removes  earth,
sand  or  other  material  from,  or  makes  any  encroachment  in  or  upon,  any
open space which is not a private property, shall, on conviction, be punished
with fine  which  may extend  to 1[one  thousand  rupees]  and  in  the  case  of
continuing  offence  with  further  fine  which  may  extend  to 2[two  hundred
rupees]  for  every  day  after  the  first  during  which  such  offence  continues.

182. The Council may, by notice, require the owner or occupier of any

land abutting on any public street,—

(a) to remove partially or wholly from the land any boundary wall,
hedge, or other fence which is, in its opinion, likely to obstruct or cause
a  hindrance  to  traffic or  is  otherwise  objectionable  ;

(b) to  construct  on  the  land  sufficient  boundary  walls,  hedges  or
other  fences  of  such  material,  description  and  dimensions  as  may  be
specified  in  the  notice  ;

(c) to  maintain  the  boundary  walls,  hedges  or  other  fences  on  the

land in good order ;

(d) to  cut  or  trim  trees  growing  on  the  land  and  overhanging  the

street and obstructing the traffic or causing danger to such traffic.

New private
streets.

183.

(1) Every person intending to lay-out or make a new street, shall
give  notice  thereof  in  writting  to  the  Chief  Officer  and  shall  furnish  along-
with  such  notice  plan  and  sections  showing—

(a) the  intended  level,  direction  and  width  of  the  street  ;

(b) the situation and the boundaries of any buildings or plots abut-

ting on such street or likely to be served by such street ;

(c) the position of any public street or streets which the new street

may have an access to ;

(d) the  arrangements  to  be  made  for  the  levelling,  paving,  metal-
ling, flagging, channelling, draining, lighting, or cleansing of the street ;

and shall also furnish such other particulars as may be required by the

by-laws, if any, made in this behalf.

1 These words were substituted for the words “one hundred rupees” by Mah.1 of 2011, s. 4 (1).

2 These words were substituted for the words “twenty rupees” by Mah. 1 of 2011, s. 4(2).

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145

(2) If  such  person  fails  to  furnish  all  the  information  and  documents
required  by  sub-section  (1),  or  if  the  Council  deems  it  necessary  to  call  for
any further  information or  documents, the  Chief Officer  may, within  thirty
days  of  the  receipt  of  the  said  notice,  by  a  written  notice  require  such
person  to  furnish  the  required  information  or  documents.

(3) Within sixty days after the receipt by the Chief Officer of the notice
and  the  information  and  documents  specified  in  sub-section  (1),  or  if  any
further  information  or  documents  have  been  called  for  under  sub-section
(2),  then  within  sixty  days  of  the  receipt  of  such  further  information  and
documents,  the  Council  may—

(a) sanction  the  laying  out  or  making  of  the  new  street  subject  to

such modifications or conditions as it may think fit ; or

(b) disallow  it  for  reasons  which  shall  be  communicated  to  the

applicant  in  writing.

(4) If  the  Council  fails  to  issue  any  order  under  sub-section  (3)  within
the  period  specified  in  that  sub-section,  the  person  giving  the  notice  shall
be entitled to lay out and make the proposed street in such manner as may
have  been  specified  in  the  notice  under  sub-section  (1)  and  as  is  not  incon-
sistent with any provision of this Act or of any by-law for the time being in
force  thereunder.

(5) If  any  person  who  is  entitled  to  proceed  with  any  work  under
sub-section  (3)  or  (4)  fails  to  carry  out  such  work  within  one  year  from  the
date  on  which  he  becomes  so  entitled,  his  right  to  proceed  with  such  work
shall  lapse.

(6) Whoever  lays  out  or  makes  any  such  street  either  without  giving
the  notice required  by sub-section  (1)  or otherwise  than  in accordance  with
the instructions issued by the Council under clause (a) of sub-section (3) or
in  any  manner  contrary  to  the  provisions  of  this  Act,  or  of  any  by-law  in
force  thereunder,  shall,  on  conviction,  be  punished  with  fine  which  may
extend  to 1[ten  thousand  rupees],  and  the  Council  may  cause  any  street  so
laid  out  or  made,  to  be  altered  and  any  building  constructed  in  such  street
to be altered or  removed and the expense thereby incurred  shall be paid to
the Council by the offender, and shall be recoverable in the same manner as
an amount due on account of a property tax.

(7) Save  as  otherwise  provided  by  or  under  this  Act,  the  provisions  of
this  Act  and  of  any  rules  or  by-laws  made  thereunder  as  to  the  level  and
width  of  public  streets  and  the  height  of  buildings  abutting  thereon,  shall
apply  also  in  the  case  of  new  private  streets  referred  to  in  sub-section  (1);
and  all  particulars  referred  to  in  that  sub-section  shall  be  subject  to  the
approval  by  the  Council.

1 These words were substituted for the words “one hundred rupees” by Mah.1 of 2011, s. 5.

146

Troughs and
pipes for rain
water.

Naming and
numbering
streets and
numbering of
premises.

Displacing
pavements,
etc.

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

[1965 : Mah. XL

184.

1[The Chief Officer, subject to the control of the President,] may,
by notice, require the owner of any building or land in any street to put up
and  keep  in  good  condition  proper  troughs  and  pipes  for  receiving  and
carrying the water from the building or land and for discharging the same so
as not to cause any damage to the street or incovenience to persons passing
along  the  street.

185.

(1) The  Council  shall—

(a) give a name or a number to every public street ;

(b) cause to be put up or painted on a conspicuous part of any build-
ing, wall or any other place at or near each end or corner of or entrance
to a public street, the name or the number by which such street is to be
known ;

(c) determine  the  number  or  sub-number  by  which  any  premises

or part thereof shall be known ;

and  may  by  written  notice  require  the  owner  of  any  premises  or  part
thereof either to put up a metal place showing the number or sub-number of
such premises or part determined under clause (c) in such position and man-
ner as may be specified in such notice or to signify in writing his desire that
such  work  shall  be  executed  under  the  orders  of  the  Council.

(2) Any person, who destroys, pulls or defaces any such name or num-
ber of a public street or number or sub-number of any premises or part thereof
or puts up any name, number or sub-number different from that determined
by the Council and any owner of any premises or part thereof who does not
at his own expense put up such number or sub-number of such premises or
part  thereof,  shall,  on  conviction,  be  punished  with  fine  which  may  extend
to 2[five  hundred  rupees].

(3) Where  a  number  or  sub-number  is  put  up  on  any  premises  or  part
thereof  under  the  orders  of  the  Council  in  accordance  with  sub-section  (1),
the expenses of such work shall be payable by the owner of such premises or
part thereof, as the case may be.

Explanation.—In this section, “ premises ” means any building, but does
not include only walls, compound walls, fencing, varandahs, fixed platforms,
plinths,  door-steps  or  the  like.

186.

(1) No  person  shall,  without  the  permission  of  the  Chief  Officer
or any other lawful authority displace, take up, or make any alteration in, or
make any hole in, or otherwise damage, the pavement, gutter, flags or other
materials  of  any  public  street,  or  the  fences,  walls,  or  posts  thereof,  or
any  municipal  lamp,  lamp-post,  bracket,  water-post,  hydrant,  or  other
accessories  of  a  lamp,  water-post  or  hydrant  or  such  other  municipal
property  therein,  or  extinguish  a  municipal  lamp.

1 These words were substituted for the words “The Council” by Mah. 4 of 1974, s. 23.

2 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 6.

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147

(2) Every person to whom any permission is granted under sub-section
(1) shall, at his own expense, cause the place where the soil or pavement has
been opened or broken up, materials have been taken up or any erection or
other  thing  set  up,  to  be  properly  fenced  and  guarded,  and  in  all  cases  in
which the same is necessary to prevent accidents, shall cause such place to
be  well  lighted during  the  night.

(3) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 1[one  thousand
rupees].

(4) Any  person  who  has  displaced,  taken  up  or  made  alteration  in  or
made  a  hole  in  or  otherwise  damaged  any  such  pavement,  gutter,  flags,  or
other  materials,  of  any  public  street  or  such  fences,  walls,  posts,  municipal
lamp, lamp-post, bracket, water-post, hydrant or other accessories of a lamp,
water-post  or  hydrant,  or  other  municipal  property  or  extinguished  a  mu-
nicipal  lamp,  whether  with  or  without  the  permission  required  under  sub-
section (1), shall,  in addition  to any  penalty under  sub-section (3), be  liable
to  pay  the  expenses  which  the  Council  may  incur  in  replacing  or  restoring
the  same. Such  expenses  shall  be  recoverable  in  the  same  manner  as  an
amount due on account of a property tax.

187.

(1) No person shall hawk or sell or expose for sale any article in
any  public  street  or  public  place,  except  under  and  in  accordance  with  a
licence granted under the by-laws made by the Council in this behalf.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  or  of
any  licence  issued  to  him  shall,  on  conviction,  be  punished  with  fine  which
may extend  to fifty  rupees.

(3) The  Chief  Officer  or  any  other  municipal  officer  authorised  by  him
in  this  behalf  may  seize  any  article  hawked  or  sold  or  exposed  for  sale  in
contravention  of    sub-section  (1).

Prohibition of
sale of
articles in
public streets
without
licence.

188.

(1) No person shall ply any hand-cart in any public street or place,
except  under  and  in  accordance  with  a  licence  granted  under  the  by-laws
made by the Council in this behalf :

Prohibition of
plying hand-
carts without
licence.

Bom.VII
of 1920.

Provided that, no such licence shall be necessary in any municipal area
in which the Bombay Public Conveyances Act, 1920 is in force and a licence
thereunder is necessary in respect of hand-carts used as public conveyances.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  or  of
any  licence  issued  to  him  shall,  on  conviction,  be  punished  with  fine  which
may extend  to fifty  rupees.

(3) The Chief Officer or any other municipal officer authorised by him in
this behalf may seize any hand-carts used in contravention of sub-section (1).

1 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s.7.

H 4109-21

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

[1965 : Mah. XL

CHAPTER  XII

CONTROL OVER BUILDINGS.

Notice of
construction
of building.

189.

(1) The  expression  “  to  construct  a  building”  through  out  this

Chapter  includes—

(a) any  material  alteration,  enlargement  or  reconstruction  of  any
building, or of any wall including compound wall and fencing, varandah,
fixed  platform,  plinth,  door-step  or  the  like,  whether  constituting  part
of a building or not ;

(b) the  conversion  into a  place  for  human  habitation of  any  build-

ing not originally constructed  for human habitation ;

(c) the  conversion  into  more  than  one  place  for  human  habitation

of any place originally constructed as one such place ;

(d) the conversion of two or more  places of human habitation into

a greater number of such places ;

(e) such  alterations of  the  internal arrangements  of  a building,  as
affect  its  drainage,  ventilation  or  other  saniatry  arrangements,  or  its
security or stability ; and

(f) the  addition of  any  rooms, buildings  or  other  structures to  any
building,  and  a  building  so  altered,  enlarged,  reconstructed,  converted
or  added  to,  is  throughout  this  Chapter  included  under  the  expression
“a new  building”.

(2) Before beginning to construct any building, the person intending so
to  construct  shall  give  to  the  Chief  Officer  notice  thereof  in  writing  and
shall furnish to him at the same time, if required by a by-law or by a special
order to do so, a plan showing the levels, at which the foundation and lowest
floor of such builing are proposed to be laid, by reference to some level known
to the Chief Officer, and all information required by the by-laws or demanded
by  the  Chief  Officer  regarding the  limits,  design,  ventiliation  and  material,
of the proposed building, and the intended situation and construction of the
drains, privies, water-closets, house-gullies and cess pools, if any, to be used
in  connection  therewith,  and  the  location  of  the  building  with  reference  to
any  existing  or  projected  streets,  the  means  of  access  to  such  building  and
the purpose for which the building will be used :

Provided that, if the by-laws of the Council so require, such notice shall
be  in  such  form  as  the  Council  may  from  time  to  time  prescribe  and  such
plans shall be signed by a person possessing the qualifications laid down in
the by-laws or licensed under the by-laws so to sign such plans.

(3)  If the person giving notice under sub-section (2) fails to—

(i)  furnish all the information and documents required under sub-

section (2) ; or

(ii)    the  Chief  Officer  deems  it  necessary  to  call  for  any  further

information  or  documents,

the Chief Officer, shall, within sixty days of the receipt of the notice,
require such person by an order in writing to furnish such information or
documents.

1965 : Mah. XL]

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and Industrial Townships Act, 1965

149

(4)    Within  sixty  days  of  the  receipt  by  the  Chief  Officer  of  the  notice
under sub-section (2), or if any further information and documents have been
called  for  under  sub-section (3)  then  within  sixty  days  of  the  receipt  of  all
such  further  information  and  documents,  the  Chief  Officer  may—

(a)    grant  the  necessary  permission  to  construct  according  to  the
plans and information furnished under sub-section (2) and sub-section (3) ;

(b)  impose any conditions in accordance with this Act or the rules
and by-laws made thereunder, as to the level, drainage, sanitation, ma-
terials  or  to  the  number  of  storeys  to  be  erected,  or  with  reference  to
the  location  of  the  building  in  relation  to  any  street  existing  or  pro-
jected  or  to  the  means  of  access  to  such  building  or  the  purpose  for
which the building is to be used ;

(c)    direct  that  the  work  shall  not  be  proceeded  with  unless  and
until  all  questions  connected  with  the  respective  location  of  the  build-
ing or street have been decided to his satisfaction ;

(d)  subject to the provisions of the next succeeding section, refuse
such permission for reasons which shall be communicated to the appli-
cant in writing.

(5)    The  Council  may,  before  any  work  has  been  commenced  in  pursu-
ance  of  any  permission  granted  by  the  Chief  Officer  under  sub-section  (4),
revoke  such  permission  and  may  give  fresh  permission  in  lieu  thereof  or
issue any other order as may be passed by the Chief Officer under sub-sec-
tion (4).

(6)  If the Chief Officer fails to issue an order under clause (c) or (d) of
sub-section (4) within  the  period  prescribed  in  that  sub-section,  the  person
giving  notice under sub-section (2), shall, after the expiry of the said period,
be  entitled  to  proceed  with  the  work  in  respect  of  which  such  notice  has
been  given  under  sub-section (2),  in  the  manner  specified  in  such  notice,
provided  that  such  manner  is  not  inconsistent  with  any  provisions  of  this
Act or any rule or bye-law for the time being in force thereunder.

(7)  No person who becomes entitled under sub-section (4), (5) or (6) to
proceed  with  any  intended  work  of  which  notice  is  required  by  sub-section
(2),  shall  commence  such  work  after  the  expiry  of  the  period  of  one  year
from  the  date  on  which  he  first  became  entitled  so  to  proceed  therewith,
unless he shall have again become so entitled by a fresh compliance with the
provisions of sub-sections (2) to  (6).

(8)  If any person begins any construction of a building of which notice is

required  to  be  given  under  sub-section  (2)—

(i)    without  the  permission  of  the  Chief  Officer  under  sub-section
(4)  or  of  the  Council  under  sub-section  (5),  save  as  otherwise  provided
under sub-section (6) ; or

(ii)  having received permission under clause (a) of sub-section (4),
contrary to the plans and  information furnished under sub-sections (2)
and (3) ; or

H 4109-21a

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(iii)  having received permission under clause (b) of sub-section (4),
contrary to the conditions imposed under that clause or contrary to the
plans and information submitted under sub-sections (2) and (3) in so far
as such plans and information are not modified by such conditions ; or

(iv)    contrary  to  the  provisions  of  sub-section (6),  when  construc-

tion is begun under that sub-section,

the  Chief Officer  may, by  a written  notice,  require such  person to  stop
such  construction  and  to  alter  or  demolish  any  construction  already  made
as  specified  in  the  notice.      If,  within  fifteen  days  from  the  service  of  such
notice  for  demolishing  any  such  construction,  the  work  of  demolishing  it  is
not  commenced,  the  Chief  Officer  may  cause  such  work  to  be  done  and  the
expenses  incurred  therefor  shall  be  recoverable  from  the  person  concerned
in the same manner as an amount due on account of a property tax.

1[(9)    Any  person  to  whome  the  notice  under  sub-section  (8)  of  this
section  or  sub-section  (2)  of  section  195  has  been  served,  on  his  failure  to
comply  with  such  notice,_

(a)  for  restoration  of  the  foundation,  plinth,  floor    or  structural
members  or  load  bearing  wall,  thereby  endangering  the  life  and  prop-
erty  of  any  person  occupying,  resorting  to  or  passing  by  such  building
or  any  other  building  or  place  in  the  neighbourhood  thereof,  shall  be
punised  with  imprisonment  for    a  term  which  shall  not  be  less  than
three months but which may extend to three years; and with a fine which
shall not be less than ten thousand rupees but which may extend to fifty
thousand rupees; and where the contravention is a continuing one, with
a further fine  which may extend to one  thousand rupees for each day
during which such contravention continues after conviction for the first
such  contravention;

(b)  for  removing,  pulling  down  the  unauthorised  work,  shall  be
punised with imprisonment for a term which shall not be less than one
month but which may extend to one year and with a fine which shall not
be less than five thousand rupees but which may extend to twenty-five
thousand rupees; and where the contravention is a continuing one, with
a  further  fine  which  may  extend  to  five  hundred  rupees  for  each  day
during which such contravention continues after conviction for the first
such  contravention.]

(10)   The  Court  convicting  such  person  may  also  direct  such  person  to
demolish  or  alter  the  building  in  accordance  with  the  order  of  the  Chief
Officer  or  in  such  other  manner  as  the  Court  may  deem  proper  and  within
the period specified by the Court.   If such person fails to demolish or alter
the  building  within  the  period  specified  by  the  Court,  or  in  the  manner
required by the Court, he shall, on conviction, be punished with further fine
which may extend to 2[ two hundred and fifty rupees] for every day after the
expiry  of  the  period  for  compliance  specified  by  the  Court  in  its  order
during  which  such  non-compliance  continues.

1 Sub-section (9) was substituted by Mah. 2 of 2012, s. 26(1).

2 These words were substituted for the words “twenty five rupees” by Mah. 1 of 2011, s. 8 (2).

1965 : Mah. XL]

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

151

(11)    Nothing  in  sub-section (8)  or (10)  shall  be  deemed  to  affect  the
power  of  the  Council  or  the  Chief  Officer  to  demolish  or  alter  the  building
under  section  195.

(12)  The Chief Officer may, at any time, inspect without giving notice of
his  intention  to  do  so,  any  work  of  which  notice  is  required  by  sub-section
(2); and at any time during the execution of any work may by written notice,
specify  any  matter  in  respect  of  which  the  execution  of  such  work  is  in
contravention of any provision of this Act or of any by-laws made under this
Act or of any order passed under this section; and require the person execut-
ing such work to cause anything done contrary to any such provision or by-
laws or order to be amended or to do anything which by any such provision
or by-law or order he is required to do but which has been omitted.

1[(13) Where it has been brought to the notice of the Chief Offer or any
other officer of the Council, nominated by the Council in the prescribed man-
ner, that erection of any building or execution of any work is carried out or
commenced  contrary  to  the  provisions  of  the  Act,  rules  or  bye-laws  and  if
such officer has failed, without sufficient reasons, to take action as provided
under  this  section,  he  shall,  on  conviction,  be  punished  with  imprisonment
for a term which may extend to three months, or with fine which may extend
to  twenty  thousand rupees  or  with  both.]

2[189A.

(1)  Whoever unlawfully constructs or recostructs any building

or part of a building,—

(a)   on  his  land  without  obtaining  permission  under  this  Act  or  any
other law  for the  time being in  force or in  contravention of  any condition
attached  to such  permission  ;

(b)  on a site belonging to him which is formed without approval un-

der the relevant law relating to Regional and Town Planning ;

(c)    on  his  land  in  breach  of  any  provision  of  this  Act  or  any  rule  or
bye-law made thereunder or any direction or requisition lawfully given or
made under this Act or such rule or bye-law ; or

(d)  on any  land, belonging to, or leased by, the  Council, or the Cen-
tral or State Government, or any statutory corporation or organization or
company  set  up  by  any  such  Government,  in  breach  of  any  provision  of
this  Act  or  of  any  other  law  for  the  time  being  in  force  and  the  rules  or
bye-laws  made  thereunder,

shall be liable to pay every year a penalty, which shall be equal to twice
the property tax leviable on such building, so long as it remains as unlawful
construction, without  prejudice to  any proceedings  which may  be instituted
against him in respect of such unlawful construction :

Provided  that,  such  levy  and  collection  of  tax  and  penalty  shall  not  be
constructed  as  regularization  of  such  unlawful  constuction  or  reconstruc-
tion  for  any  period  whatsover  of  its  such  unlawful  existence.

(2)    Penalty  payable  under  sub-section  (1)  shall  be  determined  and
collected    under  the  provisions  of  this  Act,  as  if  the  amount  thereof  were  a
property  tax  due  by  such  person.]

1 Sub-section (13) was inserted by Mah. 2 of 2012, s. 26(2).
2 Section 189A was inserted by Mah. 2 of 2008, s. 4.

Levy of penalty
on unlawful
building.

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

[1965 : Mah. XL

Powers of
Chief Officer
and Council to
refuse
permission.

190.

(1)    When  a  person  has  given  notice  to  the  Chief  Officer  under
sub-section  (2)  of  the  last  preceding  section  in  regard  to  his  intention  to
construct  a  building,  it  shall  be  lawful  to  the  Chief  Officer  to  refuse  the
permission  applied  for—

(i)  if the Council passes a resolution proposing to acquire the land

on which  the building  is proposed  to be  constructed ;  or

(ii)    if  the  proposed  construction  would  contravene  the  provisions
of this Act, or any other law for the time being in force or any schemes,
rules,  by-laws  or  other  orders  under  this  Act  or  any  other  law  for  the
time being in force ; or

(iii)  if the notice under sub-section (2) of the last preceding section
is  not  in  accordance  with  the  provisions  of  that  sub-section  or  is  not
accompanied  by  the  information  and  documents  required  by  that  sub-
section  or  if  the  person  giving  such  notice  fails  to  furnish  all  the
information  and  documents  required  under  sub-section  (3)  of  that
section ;  or

(iv)    if  no  plan  has  been  prepared  for  the  laying  out  of  streets  for

the area in which the building is to be constructed ; or

(v)  if there is no adequate provision for access to the building ; or
(vi)    if  the  proposed  construction  be  an  encroachment  on

Government  or  municipal land  ;  or

(vii)  for any other reasons to be recorded in writing, which may be

deemed  sufficient  by  the  Chief  Officer.
Where  the  permission  applied  for  is  refused  the  decision  taken  and

reasons  therefor  shall  be  communicated  to  the  applicant.

(2)    Refusal  under  clause (i)  of  sub-section  (1)  shall  be  subject  to  the

following  conditions  :—

(a)    if  the  property  is  acquired  and  no  agreement  is  arrived  at  as
regards the amount of compensation payable to the person giving notice
under  sub-section  (2)  of  the  last  preceding  section,  the  same  shall  be
determined in accordance with the provisions of section 330 regard being
had  to  the  likely  benefit,  which  would  have  accrued  to  such  person,  if
the permission had not  been refused ;

(b)  if within a period of six months from the date of the resolution
of the Council proposing to acquire the land, the land is not acquired by
the Council  by  agreement  upon  payment,  or  if  within  such  period,  an
application  has  not  been  made  to  the  Collector  for  the  institution  of
proceedings  for  compulsory  acquisition  under  the  provisions  of  the
*Land Acquisition Act, 1894, or if the Council abandons the proposal to
acquire  the  land,  the  notice  given  under  sub-section  (2)  of  the  last
preceding section shall be deemed to have been revived with effect from
the  date  on  which  the  said  period  of  six  months  expires,  or  with  effect
from  the  date  on  which  the  decision  of  the Council  to  abandon  the
proposal  is  arrived  at,  as  the  case  may  be.  Such  decision  shall  be
communicated to the person giving notice, within fifteen days from the
date of the decision ; and the notice shall be dealt with as if the Council
had  not  passed  a  resolution  to  acquire  the  land.  The  Council  shall  be
liable to pay compensation to the said person in respect of the loss which
he may prove to have incurred by reason of the Council’s refusal to grant
the  permission  :
Provided that, the Council shall not be liable to pay compensation if the
notice under sub-section (2) of the last preceding section is given subsequent
the passing of the resolution by the Council to acquire the land.

* Now  see,  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,

Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).

I of
1894.

153

Level of
buildings.

Roofs and
external walls
of buildings
not to be
made of
inflammable
materials.

1965 : Mah. XL]

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

191. After the appointed day, no building shall be constructed upon a
lower level than will allow of the drainage thereof being led into some public
sewer or drain either then existing or projected by the Council, or into some
stream or river or into the sea or some cesspool or other suitable place which
may be approved of by the Chief Officer.

192.

(1) The  external  roofs  and  walls  of  buildings  constructed  or
renewed  after  the  appointed  day,  shall  not  be  made  of  grass,  wood,  cloth,
canvass, leaves, mats or other inflammable material, except with the written
permission  of  the  Chief  Officer  which  may  be  given  either  specially  in
individual  cases,  or  generally  in  respect  of  any  area  specified  therein.

(2)  The Council may by by-laws prescribe—

(i)    the  areas  in  which  permission  shall  be  granted  by  the  Chief
Officer for the construction of external roofs and walls of buildings from
any inflammable material ;

(ii)    the  conditions  which  may  be  imposed  by  the  Chief  Officer  in

granting  permission  for  such  construction  in  any  other  area.

(3)   The  Chief  Officer  may  at  any  time  by  written  notice  require  the
owner of any building which has an external roof or wall made of any such
material  as  aforesaid,  to  remove  such  roof  or  wall  within  such  reasonable
time  as  shall  be  specified  in  the  notice,  whether  such  roof  or  wall  was  not
made  before  the  appointed  day  and  whether  it  was  made  with  or  without
the  permission  of  the  Chief  Officer.

(4)    An  appeal  shall  lie  to  the  Council  against  any  order  of  the  Chief
Officer  refusing  the  permission  under  sub-section  (1)  or  against  any  notice
given by the Chief Officer under sub-section (3), if made within fifteen days
of the receipt of such refusal or notice, as the case may be.

(5)  Whoever without such permission as is required by sub-section (1),
makes  or  causes  to  be  made,  or  in  disobedience  to  the  requirements  of  a
notice given under sub-section (2) suffers to remain, any roof or wall of such
material as aforesaid shall, on conviction, be punished with fine which may
extend  to 1[one  thousand  rupees],  and  in  the  case  of  a  continuting  offence
with  further  fine  which  may  extend  to 2[two  hundred  and  fifty  rupees]  for
every  day  after  the  first  during  which  such  offence  continues.

193.

(1)  Every person constructing a building shall, within one month
after the completion of construction of such building, deliver or send or cause
to be delivered or sent to the Chief Officer at his office, notice in writing of
such  completion  and  shall  give  to  the  Chief  Officer  all  necessary  facilities
for inspection of  such building :

Completion
certificate,
permission to
occupy or use.

Provided  that,—

(a) such inspection shall be commenced within seven days from the

date  of receipt  of  the notice  of  completion ;  and

(b)  the Chief Officer may, not later than one month from the date
of  receipt  of  the  notice  of  completion,  by  written  intimation  addressed
to  the  person  from  whom  the  notice  of  completion  was  received,—

1  These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 9(1).

2  These words were substituted for the words “twenty five rupees” by Mah. 1 of 2011, s. 9(2).

154

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

[1965 : Mah. XL

(i)    give  permission  for  the  occupation  of  such  building  or  for  the

use of the building or part thereof affected by such construction ; or

(ii)    refuse  such  permission  in  case  such  building  has  been
constructed  so  as  to  contravene  any  provision  of  this  Act  or  of  any  by-law
made  under  this  Act  at  the  time  in  force  or  of  any  order  passed  under
section  189  intimating  to  the  person  who  gave  the  notice  under
sub-section  (2)  of  that  section,  the  reasons  for  such  refusal  and
requiring  such  person,  or  if  the  person  responsible  for  giving  notice
under sub-section (2) of the said section is not at the time of such notice
owner  of  such  building  then  such  owner  to  cause  anything  which  is
contrary  to  any provision  of  this  Act or  of  any  by-law made  under  this
Act at the time in force or of any order passed under section 189 to be
amended  or  to  do  anything  which  by  any  such  provision  or  by-law  or
order he is required to do but which has been omitted.

(2)  No person shall occupy or permit to be occupied or use or permit to
be  used  any  such  building  constructed  or  part  thereof  affected  by  such
construction,  until,—

(a)  the permission referred to in proviso (b) to sub-section (1) has

been  received,  or

(b)    the  Chief  Officer  has  failed  for  one  month  after  the  receipt  of
the notice of completion to intimate as aforesaid his refusal of the said
permission.

(3)    Whoever—

(a)    occupies  or  permits  to  be  occupied  any  such  building  or  part
thereof  affected  by  such  construction  without  giving  any  notice  as
required  under  sub-section  (1)  or  in  contravention  of  the  provisions  of
sub-section (2) ; or

(b)  fails to  comply with any order or requisition  made under sub-
section (1) shall, on conviction, be punished with fine which may extend
to 1[five thousand rupees], and in the case of continiuing contravention
or non- compliance with further fine which may extend to 2[two hundred
and  fifty  rupees]  for  every  day  after  first  during  which  such  contra-
vention  or  non-complince  continues.

Structural
Stability
Certificate.

3[193A.

(1)  Every owner or occupier of a building in respect of which

a period of thirty years, from the date of,—

(i)  issue of its completion certificate by the Council ; or

(ii)  issue of permission to occupy a building under section 193 ; or

(iii)    its  physical  occupation  of  at  least  50  per  cent.  of  its  built  up

area,

whichever  is  earlier,  has  expired,  shall  cause  such  building  to  be
examined  by  a  Structural  Engineer  registered  with  the  Council  for  the
purposes of  certifying that the building is fit for human habitation (such
certificate  hereinafter  referred  to  as  “the  Structural  Stability
Certificate”).  The  Structural  Stability  Certificate  issued  by  such
Structural Engineer  shall  be  submitted  to  the  Chief  Officer.

1 These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011,

ss.10(1).

2 These words were substituted for the words “twenty five rupees” by Mah. 1 of 2011,

s. 10(2).

3 Section 193A was inserted by Mah. 6 of 2009, s. 8.

1965 : Mah. XL]

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

155

(2)    The  Structural  Stability  Certificate  shall  be  submitted  within  one
year from the expiry of a period of thirty years referred to in sub-section (1),
and  every  ten  years  thereafter  or  such  earlier  period  as  the  Chief  Officer
may  determine  having  regard  to  the  condition  of  the  building  and  the
corrective  repairs  carried  out  by  the  owner  or  occupier.

(3)    Notwithstanding  anything  contained  in  sub-section  (1),  the  Chief
Officer  may,  at  any  time,  after  having  recorded  the  reasons,  in  writing,
direct  the  owner  or  occupier  of  a  building,  to  cause  such  building  to  be
examined  by  such  Structural  Engineer  and  to  submit  to  the  Chief  Officer,
the Structural Stability Certificate, as required under sub-section (1), within
the period not exceeding thirty days as specified by the Chief Officer in such
direction.

(4)    If  the  Structural  Engineer  recommends  any  corrective  repairs  for
securing the structural stability of the building, such corrective repairs shall
be  carried  out  by  the  owner  or  occupier  of  a  building  to  the  satisfaction  of
the  Chief  Officer.

(5)    Any  owner  or  occupier,  as  the  case  may  be,  who  fails  to  carry  out
corrective  repairs  for  securing  structural  stability,  within  a  period  of  six
months from the date of report of the Structural Engineer, shall be punished
with  the  fine  of  rupees  twenty  five  thousand  or  an  amount  equal  to  the
property tax  of the building  for a period of  one year, whichever  is higher.

(6)    Notwithstanding  anything  contained  in  sub-section (5),  the  Chief
Officer may,  after giving the  owner or occupier,  a notice in  writing, require
him to carry out, within the period specified, in the notice, corrective repairs
for securing structural stability of a building.   If the owner or occupier fails
to carry out such corrective repairs within the period specified in the notice,
the Chief Officer may carry out the same and the expenses incurred by the
Chief  Officer  on  such  repairs  shall,  on  demand,  if  not  paid  within  thirty
days,  be  recovered  from  the  owner  or  occupier  as  arrears  of  property  tax.

(7)  If there is any dispute about the amount of expenses for which demand
is  made  under  sub-section  (6),  an  appeal  may  be  preferred  by  the  owner  to
the  Property  Tax  Appeal  Committee  constituted  under  sub-section (2)  of
section 169  of this Act,  but no such  appeal shall  be entertained by  the said
Committee,  unless—

(i)  it  is preferred within twenty-one  days from the date  of receipt

of notice of such demand;

(ii)   the  amount  for  which  demand  is  made  is  deposited  with  the
Council  and  a  true  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(8)    In  case  the  appeal  is  decided  in  favour  of  the  appellant  and  the
amount  of  expenses  deposited  with  the  Council  is  more  than  the  amount
payable  by  the  appellant,  the  Chief  Officer  shall  adjust  the  excess  amount
with interest at 6.25 per cent. per annum from the date on which the amount
is  so  deposited  by  the  appellant,  towards  the  property  tax  payable  by  the
owner  in  respect  of  such  building  thereafter.]

H 4109-22

156

Building for
human
habitation not
to be used as
godown, etc.,
and
vice versa.

Responsibil-
ity of owner or
occupier to
keep and
maintain
exterior of
building in
good condi-
tion.

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

[1965 : Mah. XL

194.

(1)   No person shall without  the written permission of  the Chief
Officer or otherwise than in confirmity with the terms of such permission,—

(i)  use or permit to be used any building or part thereof originally
constructed or authorised to be used for human habitation as a godown,
warehouse, workshop, workplace, factory, stable, or a motor garage ; or

(ii)    use  or  permit  to  be  used  for  human  habitation  any  part  of  a
building  not  originally  constructed  or  authorised  to  be  used  for  that
purpose.

(2)  If any person contravenes any provision of sub-section (1), he shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 1[five  thousand
rupees], and in the case of continuing contravention with further fine which
may  extend  to 2[one  hundred  rupees]  for  every  day  after  the  first  during
which  such  contravention  continues.

3[194A. (1)  It shall be the responsibility of every owner or occupier of a
building  to  ensure  that  the  exterior  of  the  building  is  kept  and  maintained
in good condition and, is not in a state of disrepair or spoiled on account of
cracks,  stains,  shabby  enclosures,  hanging  wires  or  cables  or  keeping  of
unwholesome articles which spoil the appearance of a building or part thereof :

Provided  that,  nothing  in  this  section  shall  apply  to  the  area  declared
as  slum  area  under  sub-section  (1)  of  section  4  of  the  Maharashtra  Slum
Areas  (Improvement,  Clearance  and  Redevelopment)  Act,  1971  and  the
buildings  in  respect  of  which  the  re-development  plan  is  sanctioned  by  the
Competent Authority or is under consideration of the Competent Authority.

Mah.
XXVIII
of 1971.

(2) If, on inspection of such building or a part thereof, the Chief Officer
is  of  the  opinion  that  the  exterior  of  any  building  or  a  part  thereof  is  not
kept  and  maintained  in  good  condition  and  is  spoiled  on  account  of  any  of
the factors mentioned in sub-section (1), the Chief Officer may, by notice in
writing,  require  the  owner  or  occupier  thereof  to  carry  out  the  necessary
work  as  may  be  specified  in  such  notice  so  as  to  keep  and  maintain  the
exterior  of  a  building  in  good  condition;  and  the  owner,  or  as  the  case  may
be,  the  occupier  shall  comply  with  such  notice.

(3) The  owner  or  occupier  of  the  building  shall  carry  out  the  work
mentioned  in  the  notice  issued  by  the  Chief  Officer  under  sub-section  (2),
within thirty days from the date of receipt of the notice or such longer period
as the Chief Officer may, having regard to the nature and the extent of work
to  be  carreid  out,  specify.

(4) Where the owner or, as the case may be, the occupier fails to comply
with the notice under sub-section (2), the Chief Officer may cause the work
mentioned in such notice to be executed and the owner or, as the case may

1  These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011, s. 11 (1).

2  These words were substituted for the words “ten rupees” by Mah. 1 of 2011, s. 11 (2).

3 Sections 194A and 194B were inserted by Mah. 9 of 2011, s. 8.

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157

be,  the  occupier  shall  be  liable  to  pay  the  expenses  incurred  by  the  Chief
Officer  in  that  behalf  within  thirty  days  from  the  date  of  the  receipt  of  a
demand  notice,  and  if  such  owner  or  occupier  fails  to  pay  the  same,  there
shall be levied an interest at the rate of two per cent.  for each month or part
thereof,  on  the  amount  of  expenses  incurred  by  the  Chief  Officer,  till  the
entire amount of such  expenses is paid.

(5) Save  as  otherwise  provided  in  this  section,  the  amount  of  such
expenses together with interest, if any, shall be recoverable as if the amount
thereof was due as a property tax.

(6) If  there  is  any  dispute  about  the  amount  of  expenses  for  which
demand  is  made  under  sub-section  (4),  an  appeal  may  be  preferred  to  the
Property Tax Appeal Committee constituted under sub-section (2) of section
169, but no such appeal shall be entertained by the said Committee unless,—

(i) it  is  preferred  within  twenty-one  days  from  the  date  of  receipt

of notice of such demand ;

(ii) the  amount  for  which  demand  is  made  is  deposited  with  the
Council  and  a  true  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(7) In  case  the  appeal  is  decided  in  favour  of  the  appellant  and  the
amount  of  expenses  deposited  with  the  Council  is  more  than  the  amount
payable  by  the  appellant,  the  Chief  Officer  shall  adjust  the  excess  amount
with interest at 6.25 per cent. per annum from the date on which the amount
is  so  deposited  by  the  appellant,  towards  the  property  tax  payable  by  the
owner  in  respect  of  such  building  thereafter.

194B.  (1) The  Chief  Officer,  after  obtaining  approval  of  the  State
Government, may, by notification in the Official Gazette, and by advertisement
in not less than two local news papers, declare that with a view to creating
aesthetic harmony, maintaining architectural character and beautifying and
improving the aesthetic appearance of a particular urban space, the external
appearance  of  any  building  or  buildings  including  any  fixtures  thereon  and
boundary wall, if any, either existing on the date of publication of declaration
or  proposed  to  be  constructed  and  completed  thereafter  and  located  on  any
street in any locality or part thereof in the municipal area specified in such
declaration,  be  kept  and  maintained  in  such  manner  and  within  such  time
as may be indicated in such declaration.

(2) Before publication of the notification under sub-section (1), the Chief
Officer  shall  cause  to  be  given  a  notice  by  advertisement  in  the Official
Gazette and in not less than two local news papers announcing his intention
to issue such declaration, and inviting all persons who entertain any objection
or  who  desire  to  make  any  suggestions  to  the  said  proposal  to  submit  the
same  in  writing,  with  the  reasons  thereof,  to  the  Chief  Officer  within  one

H 4109-22a

Power of Chief
Officer to
make declara-
tion of
aesthetic
harmony.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

month from the date of the publication of such notice in the Official Gazette.
After expiry of the said period of one month, the Chief Officer shall consider
the  objections  and  suggestions  within  one  month.

(3) Where  the  owner  fails  to  comply  with  the  requirements  under  the
declaration  under  sub-section  (1),  within  the  period  specified,  the  Chief
Officer  may  take  or  cause  to  be  taken  such  steps  to  carry  out  the  work
required  to  be  executed  under  the  declaration;  and  the  expenses  incurred
by the Council in respect thereof shall be recovered from the owner as if the
amount thereof were arrears of property tax due by the said owner and shall
be payable by the owner on demand.

(4) If  there  is  any  dispute  about  the  amount  of  expenses  for  which
demand  is  made  under  sub-section  (3),  an  appeal  may  be  preferred  by  the
owner to the Property Tax Appeal Committee constituted under sub-section
(2)  of  section  169,  but  no  such  appeal  shall  be  entertained  by  the  said
Committee  unless,—

(i) it  is  preferred  within  twenty-one  days  from  the  date  of  receipt

of notice of such demand ;

(ii) the  amount  for  which  demand  is  made  is  deposited  with  the
Council  and  a  true  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(5) In  case  the  appeal  is  decided  in  favour  of  the  appellant  and  the
amount  of expenses  deposited  with the Council  is  more than  the  amount
payable by the appellant, the Chief Officer shall adjust the excess amount
with interest at 6.25 per cent. per annum from the date on which the amount
is so deposited by the appellant, towards the property tax payable by the
owner  in  respect  of  such  building  thereafter.]

195.  (1)   If  it  shall  at  any  time  appear  to  the  Chief  Officer  that  any
building or other structure or anything affixed to such building or structure
is  in  a  ruinous  condition  or  likely  to  fall,  or  in  any  way  dangerous  to  any
person  occupying,  resorting  to  or  passing  by  such  building  or  structure  or
any other structure or place in the neighbourhood thereof, the Chief Officer
may,  by  written  notice,  require  the  owner  or  occupier  of  such  building  or
structure to pull down, secure, remove or repair such building, structure or
thing  or  do  one  or  more  such  things  and  to  prevent  all  causes  of  danger
therefrom.

(2) The  Chief Officer  may  also, if  he  thinks fit,  require  the said  owner
or  occupier,  by  the  said  notice,  either  forthwith  or  before  proceeding  to  put
down,  secure,  remove  or  repair  the  said  building,  structure  or  thing,  to  set
up a proper and sufficient board or fence for the protection of passers by and
other  persons.

Removal of
buildings,
structures,
etc., which are
in ruins or
likely to fall.

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(3) If  it  appears  to  the  Chief  Officer  that  the  danger  from  a  building,
structure or thing which is ruinous or about to fall is of hourly imminence he
shall, before giving notice as aforesaid or before the period of notice expires,
fence of, take down, secure or repair the said structure or take such steps or
cause such work to be executed as may be required to arrest the danger.

(4) Any  expenses  incurred  by  the  Chief  Officer  under  sub-section  (3)
shall be paid by the owner or occupier of the structure and shall be recoverable
in the same manner as an amount due on account of a property tax.

Penalty for
defacing
buildings,
etc.

196. Any  person—

(a) who,  without  the  consent  of  the  owner  or  occupier,  and  in  the
case  of  municipal  property  without  the  permission  in  writing  of  the
Chief Officer, affixes any posting bill, playcard or other paper or means
of advertisement against or upon any building, wall, board, fence, pole,
post,  lamp-post  or  the  like;  or

(b) who,  without  such  consent  or  permission,  as  aforesaid,  writes
upon, soils, defaces or marks any such building, wall, board, fence pole,
post,  lamp-post  or  the  like,  with  chalk  or  paint  or  in  any  other  way
whatsoever,

shall,  on  conviction,  be  punished  with  fine  which  may  extend  to 1[five

hundred  rupees].

IX of
1910.
XIII of
1885.

197. The  Chief  Officer  may  erect  or fix  to  the  outside  of  any  building
brackets for lamps to be lighted with oil, or gas, or subject to the provisions
of  the  Indian  Electricity  Act,  1910*,  for  lamps  to  be  lighted  with  electricity
or otherwise, or subject to the provisions of the Indian Telegraph Act, 1885,
for telegraph wires or telephone wires or wires for the conduct of electricity
for locomotive purposes. Such brackets shall be erected or fixed so as not to
occasion any inconvenience or nuisance to the occupants of the said building
or of any others in the neighbourhood, or to the public.

198.

It shall not be lawful for any person to erect any hut or range or
block of huts or to add any hut to any range or block of huts already existing
on  the  appointed  day,  without  giving  previous  notice  to  the  Chief
Officer. The  Chief  Officer  may  require  such  huts  to  be  built  so  that  they
stand  in  regular  lines,  with  a  free  passage  or  way  in  front  of  and  between
every  two  lines,  of  such  width  as  the  Chief  Officer  may  think  proper  for
ventilation and to facilitate scavenging, and at such a level as will admit of
sufficient  drainage ;  and  may  require  such  huts  to  be  provided  with  such
number of privies and such means of drainage as he may deem necessary. If

1 These words were substituted for the word “fifty rupees” by Mah. 1 of 2011, s.12.

*  Now Electricity Act, 2003 (36 of 2003).

Fixing of
lamps,
brackets, etc.,
to houses.

Regulation of
huts.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

any  hut  or  range  or  block  be  built  without  such  notice  being  given  to  the
Chief  Officer,  or  otherwise  than  as  required  by  the  Chief  Officer,  the  Chief
Officer  may  give  written  notice  to  the  owner  of  building  thereof,  or  to  the
owner or occupier of the land on which the same is erected or is being erected,
requiring him within such reasonable time as shall be specified in the notice
to  take  down  and  remove  the  same,  or  to  make  such  alterations  therin  or
additions  thereto  as  having  regard  to  sanitary  considerations  the  Chief
Officer may think fit.

Improvement
of huts.

199.

(1) Where  the  Council  is  of  opinion  that  any  hut,  whether  used
as a dwelling or for any other purpose, and whether existing on the appointed
day  or  subsequently  erected,  is  by  reason—

(a) of insufficient ventilation or of the manner in which such hut is

crowded  together  with  other  huts;  or

(b) of  the  want  of  a  plinth  or  of  a  sufficient  plinth  or  of  sufficient

drainage ;  or

(c) of  the  impracticability  of  scavenging,

attended  with  risk  of  disease  to  the  inhabitants  of  the  neighbourhood,  the
Council  shall  cause  a  notice  to  be  affixed  to  some  conspicuous  part  of  such
hut,  requiring  the  owner  or  occupier  thereof,  or  the  owner  of  the  land  on
which such hut is built, within such reasonable time as may be fixed by the
Council  in  this  behalf,  to  take  down  and  remove  such  hut  or  to  carry  out
such alteration or works as the Council may deem necessary for the avoidance
of such risk.

(2) Where any such owner or occupier refuses or neglects to take down
and  remove  such  hut  or  to  carry  out  such  alterations  or  works  within  the
time appointed,  the Chief  Officer may cause  such hut to  be taken  down, or
such  alterations  or  works  to  be  carried  out,  in  accordance  with  the
requirements  of  the  Council.

(3) Where  such hut  is  taken  down by  the  Chief  Officer, he  shall  cause
the  materials  of  the  hut  to  be  sold,  if  such  sale  can  be  effected  ;  and  the
proceeds, after deducting all expenses, shall be paid to the owner of the hut,
or if the owner is unknown or the title disputed, shall be held in deposit by
the  Council  until  the  person  interested  therein  shall  obtain  an  order  of  a
competent Court for the payment of the same :

Provided that, where any such hut, which had not been constructed in
contravention  of  any  law  for  the  time  being  in  force  at  the  time  of  such
construction,  is  taken  down  and  removed  under  this  section,  compensation
shall further be paid to the owner or owners thereof and the amount thereof,
in  case  of  dispute,  shall  be  ascertained  and  determined  in  the  manner
provided  in  section  330.

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and Industrial Townships Act, 1965

161

CHAPTER  XIII.
DRAINAGE.

200.

(1) All  drains,  sewers,  privies,  water  closets,  house-gullies,
gutters  and  cesspools  within  the  municipal  area  shall  be  under  the  survey
and  control  of  the  Council.

Municipal
control over
drainage.

Power of
making and
repairing
drains.

(2) All covered drains, sewers and cesspools, whether public or private,
shall  be  provided  by  the  Council  or  other  persons  to  whom  they  severally
belong  with  proper  traps,  coverings  or  other  means  of  ventilation;  and  the
Chief Officer may by written notice call upon the owner of any such covered
drains,  sewers  and  cesspools  to  make  provision  accordingly.

201.

(1) It  shall  be  lawful  for  a  Council  for  any  drainage  purposes  to
carry any drain, conduit, tunnel, culvert, pipe or watercourse through, across
or under any street or any place laid out as or intended for a street, or under
any cellar or vault which may be under any street, and, after giving reasonable
notice  in  writing  to  the  owner  or  occupier,  into,  through  or  under  any  land
whatsoever  within  the  municipal  area.

(2) The Council, or any person acting under its authority, may construct
a new drain in the place or an existing drain in any land wherein any drain
vested  in  the  Council  has  been  already  constructed,  or  repair  or  alter  any
drain  vested  in  the  Council.

(3) The Council may also erect upon any premises or land or affix to the
outside of any building or structure or to any tree, any such shaft or pipe as
it  may  deem  necessary  for  the  proper  ventilation  of  the  municipal  drains,
and  such  shaft  or  pipe  shall  be  carried  to  a  height  of  not  less  than  six  feet
above the highest part of the adjacent house and erected so as not to cause
any  nuisance  or  inconvenience  to  the  occupants  of  the  building  to  which
such  shaft  or  pipe  has  been  affixed  or  of  any  other  building  in  the
neighbourhood  or  to  the  public.

(4) In exercise of any power under sub-sections (1), (2) and (3), no unnecessary
damage shall be done, and compensation, which shall, in case of dispute, be
ascertained and determined in the manner provided in section 330 shall be paid by
the Council to any person who sustains damage by the exercise of such power.
(5) The  Council  may  discontinue,  close  up  or  destroy  any  municipal
drain which has, in the opinion of the Council, become useless or unnecessary
or  prohibit  the  use  of  any  such  drain  either  entirely  or  for  the  purpose  of
foul water  drainage or the  purpose of surface  drainage :

Provided  that,  if  by  reason  of  anything  done  under  this  section  any
person is deprived of the lawful use of any drain, the Council shall, as soon
as may be, provide for his use some other drain as effectual as the one which
has been  discontinued, closed  up  or  destroyed or  the  use  of which  has  been
prohibited.

202.

(1) If any building or land be at any time undrained, or not drained
to  the  satisfaction  of  the  Chief  Officer,  the  Chief  Officer,  subject  to 1[the
control  of  the  President,]  may  by  written  notice  call  upon  the  owner  to
construct or lay from such building or land a drain or pipe of such size and
materials, at such level, and with such fall as he may think necessary for the
drainage of such building or land into—

Power to
require
sufficient
drainage
of houses.

(a) some drain or sewer, if there be a suitable drain or sewer within

fifty feet of any part of such building or land ; or

(b) a covered cesspools to be provided by such owner and approved

by  the  Chief  Officer.

1 These words were substituted for the words “ the control of the Council, ” by Mah. 4 of 1974,

s. 24.

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[1965 : Mah. XL

(2) The Chief Officer may, subject to 1[the control of the President,] by
written notice require any courtyard, alley or passage between two or more
buildings  to  be  paved  by  the  owners  of  such  buildings  with  such  materials
and in such manner as he may direct.

(3) Whoever fails to comply with the notice issued by the Chief Officer
under sub-section (1) or sub-section (2) shall, on conviction, be punished with
fine which may extend to 2[one thousand rupees], and in the case of continuing
offence  with  further  fine  which  may  extend  to 3[one  hundred  rupees]  for
every  day  after  the  first  during  which  such  offence  continues.

203.

(1) It shall not be lawful to construct or reconstruct any building,
or  to  occupy  or  permit  occupation  of  any  building  newly  constructed  or
reconstructed,  unless  and  until—

(a) a  drain  is  constructed  of  such  size,  materials  and  description,  at
such level and with such fall, as may be required by the by-laws or if no  by-
laws have been framed by the Council as shall appear to the Chief Officer to
be necessary for the effectual drainage of such building ;

(b) there have been provided for and set up in such building and in the
land appurtenant thereto, all such appliances and fitings as may be required
by the by-laws or if no by-laws have been framed by the Council as may appear
to  the  Chief  Officer  to  be  necessary  for  the  purposes  of  gathering  and
receiving  the  drainage  from,  and  conveying  the  same  off,  the  said  building
and the said  land, and of effectually  flushing the drain of  the said building
and  every  fixture  connected  therewith.

(2) The drain to be constructed as aforesaid shall empty into a municipal
drain, or into some place set apart by the Council for the discharge of drainage,
situate at a distance not exceeding fifty feet from such building ; but if there
is no such drain or place within that distance, then such drain shall empty
into a cesspool provided by the owner of such building and approved by the
Chief  Officer.

204.

(1) The  owner  or  occupier  of  any  building  or  land  within  the
municipal area shall be entitled to cause his drains to empty into a municipal
drain :

Provided that, he first obtains the written permission of the Chief Officer
and  complies  with  such  conditions  as  the  Chief  Officer  may,  subject  to  the
provisions  of    by-laws,  if  any,  prescribe  as  to  the  mode  in  which  and  the
superintendence  under  which  the  communications  are  to  be  made  between
drains not vested in the Council and drains which are so vested.

(2) An  appeal  shall  lie  to  the  Council  against  any  order  of  the  Chief
Officer  under  sub-section  (1),  if  made  within  fifteen  days  of  the  receipt  of
such  order.

New building
not to be
erected
without
drains.

Powers of
owners and
occupiers of
buildings or
lands to drain
into municipal
drains.

Right to carry
drain through
land or into
drain belong-
ing to other
persons.

205.

(1) If  the  owner  or  occupier  of  any  building  or  land  desires  to
connect  the  same  with  any  municipal  drain,  by  means  of  a  drain  to  be
constructed through any land, or to be connected with a drain, belonging to
or  occupied  by  or  in  the  use  of  some  other  person,  he  may  make  a  written
application in that behalf  to the Chief Officer.

(2) Subject to 1[the control of the President] the Chief Officer thereupon,
after  giving  to  such  other  person  a  reasonable  opportunity  of stating  any

1 These words were substituted for the words “the control of the Council,” by Mah. 4 of  1974,

ss. 24 and 25.

2 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  1  of  2011,

s. 13 (1).

3 These words were substituted for the words “ten rupees” by Mah. 1 of 2011, s. 13 (2).

1965 : Mah. XL]

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and Industrial Townships Act, 1965

163

objection to such application, may, if no objection is raised, or if any objection
which is raised is in his opinion is insufficient, by an order in writing authorise
the applicant to carry his drain into, through, or under the said land, or into
the said drain, as the case may be, in such manner and on such conditions as
to  the  payment  of  rent  or  compensation,  and  as  to  the  respective
responsibilities  of  the  parties  for  maintaining,  repairing,  flushing,  cleaning
and emptying said drains as may appear to him to be adequate and equitable.

(3) Every such order shall be a sufficient authority to the person in whose
favour  it  is  made,  or  to  any  agent  or  other  person  employed  by  him  for  this
purpose, after giving or tendering to the owner, occupier or user of the said land
or  drain  the  compensation  or  rent,  if  any,  specified  in  the  said  order, and
otherwise fulfilling as  far  as possible the conditions of  the  said  order, and after
giving to the said owner, occupier or user reasonable notice in writing, to enter
upon  the  land  specified  in  the  said  order  with  assistants  and  workmen  at
any  time  between  sunrise  and  sunset  and  subject  to  the  provisions  of  this
Act, to do all such work as may be necessary—

(a) for  the  construction  or  connection  of  the  drain,  as  may  be

authorised by the said order ;

(b) for renewing, repairing or altering the same as may be necessary

from time to time ; or

(c) for  discharging  any  responsibility  attaching  to  him  under  the
terms  of  the  order  as  to  maintaining,  repairing,  flushing,  cleaning  or
emptying the said drain or any part thereof.

(4) In executing any work under this section as little damage as possible
shall  be  done  and  the  owner  or  occupier  of  the  buildings  or  lands  for  the
benefit of which the work is done, shall—

(a) cause the work to be executed with the least practicable delay ;

(b) fill  in,  reinstate  and  make  good  at  his  own  cost  and  with  the
least practicable delay the ground or any portion of any building or other
construction opened, broken up or removed for the purpose of executing
the said work ; and

(c) pay  compensation  to  any  person  who  sustains  damage  by  the

execution  of  the  said  work.

206.

If the owner of any land into, through or under which a drain has
been carried under the last preceding section, whilst such land was unbuilt
upon,  shall  at  any  subsequent  time  desire  to  construct  a  building  thereon,
the  Chief  Officer,  subject  to 1[the  control  of  the  President,]  shall,  if  he
sanctions  the  construction  of  such  building,  by  written  notice  require  the
owner or occupier of the building or land, for the benefit of which such drain
was constructed, to close, remove or divert the same, and to fill in, reinstate
and made good the land in such manner as he may deem fit to be necessary,
in  order  to  admit  of  the  construction  or  safe  enjoyment  of  the  proposed
building.

Rights of
owner of land
through which
drain is
carried in
regard to
subsequent
building
thereon.

1 These words were substituted for the words “the control of the Council” by Mah. 4 of 1974,

s. 26.

H 4109-23

164

Provision of
privies, etc.

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

[1965 : Mah. XL

207.

(1) Where  the  Chief  Officer  is  of  opinion  that  any  privy  or
cesspool, or  additional privies  or cesspools,  should be  provided in  or on  any
building  or  land,  or  in  any  municipal  area  in  which  a  water-closet  system
has  been  introduced,  that  water-closet  or  additional  water-closets  should
be  provided  in  or  on  any  building  or  land,  or  that  water-closets  should  be
substituted  for  the  existing  privies  in  such  number  as  may  be  considered
necessary by him, the Chief Officer, subject to 1[the control of the President,]
may by written notice call upon the owner of such building or land, to provide
such  privies,  cesspools  or  water-closets  or  to  substitute  water-closets  for
the existing privies at such sites as he may deem proper.

(2) The Chief Officer, subject to 1[the control of the President,] may by
written  notice  require  any  persons  or  persons  employing  workmen  or
labourers exceeding twenty in number, or owning or managing any market,
school  or  theatre  or  other  place  of  public  resort,  to  provide  such  privies  or
water-closets at such sites as he may direct and to cause the same to be kept
in  proper  order,  and  to  be  daily  cleaned.

(3) The Chief Officer, subject to 1[the control of the President,] may by
written  notice  require  the  owner  or  occupier  of  any  land  upon  which  there
is  a  privy  or  water-closet,  to  have  such  privy  or  water-closet  shut  out,  by  a
sufficient  roof  and  a  wall  or  fence,  from  the  view  of  persons  passing  by  or
resident in the neighbourhood, or to alter as he may direct any privy door or
water-closet  door  or  trap  door  which  opens  on  to  any  street,  and  which  he
deems to be a nuisance.

Power to
require owners
to keep drains,
etc., in proper
order; or to
demolish or
close a privy or
cesspool.

208.

(1) All  drains,  privies,  water-closets,  house-gullies,  gutters  and
cesspools  and  drainage  works  of  every  description  within  a  municipal  area
shall, unless constructed at the cost of the Council, be altered, repaired and
kept  in  proper  order  at  the  cost  and  charge  of  the  owners  of  the  lands  or
buildings  to  which  they  belong,  or  for  the  use  of  which  they  have  been
constructed  or  continued  ;  and  the  Chief  Officer,  subject  to 1[the  control  of
the President,] may by written notice require any such owner to alter, repair,
and put the same in good order in such manner as he may think fit.

(2) It  shall  be  the  duty  of  every  such  owner  of  land  or  building  to  get
such  drains,  privies,  water-closets,  house-gullies,  gutters  and  cesspools
cleansed  either  by  the  municipal  agency  or  such  other  agency  as  the  Chief
Officer may approved and at such intervals as the Chief Officer may require.

(3) Subject  to 1[the  control  of  the  President,]  the  Chief  Officer  may  by
written notice require the owner to demolish or close any privy or cesspool,
whether constructed before or after the appointed day, which in the opinion
of  the  Chief  Officer  is  a  nuisance,  or  is  so  constructed  as  to  be  inaccessible
for the purpose of scavenging  or incapable of being properly cleaned or kept
in  good  order.

1 These words were substituted for the words “the control of the Council,” by Mah. 4 of 1974,

ss. 27 and 28.

165

Power to
close private
drains and
cesspools.

Encroach-
ment
on municipal
drains.

1965 : Mah. XL]

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

209. When  any  building  or  land  within  municipal  area  has  a  drain
communicating with any cesspool or municipal  drain or any other place set
apart  for  the  discharge  of  drainage,  the  Chief  Officer,  if  he  considers  that
such drain, though it may be sufficient for the drainage of such building or land
and though it may be otherwise unobjectionable, is not adapted to the general
drainage of the locality, may, subject 1[the control of the President,] close such
drain  and  such  cesspool,  or  municipal  drain,  whether  they  are  or  are  not  on
land  vested  in  the  Council  on  providing  a  drain  or  drains  or  cesspool  equally
effectual  for  the drainage  of  such building  or land, and  the Chief  Officer  may,
subject as aforesaid, do any work necessary for the purpose.

210.
Officer,—

(1)  No  person  shall,  without  the  written  consent  of  the  Chief

(i) make or cause to be made any drain into or out from any of the

drains  vested  in  the  Council;  or

(ii) construct a building over any drain, culvert or gutter vested in

the  Council.

(2) The  Chief  Officer  may,  by  written  notice,  require  any  person—

(i) to  demolish,  alter,  remake,  or  otherwise  deal  with  any  drain
constructed in contravention of sub-section (1), as he may think fit; or

(ii) to pull down or otherwise deal with any building or part thereof

constructed in contravention of sub-section (1) as he may think fit.

(3) Any person who contravenes any provision of sub-section (1), shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 2[one  thousand
rupees,  and  in  the  case  of  continuing  offence  with  further  fine  which  may
extend  to  one  hundred  rupees  for  every  day  after  the  first  during  which
such  contravention  continues].

211. (1)  If  any  drain,  privy,  water-closet,  house-gully  or  cesspool  on
any land within a municipal area, is constructed, rebuilt or unstopped either
without  the  consent  or  contrary  to  the  orders,  directions  or  by-laws,  of  the
Council  or  contrary  to  the  provisions  of  any  enactment  in  force  at  the  time
when  it  was so  constructed,  rebuilt  or  unstopped,  the Chief  Officer,  subject
to, 3[the control of the President,] may, by written notice, require such drain,
privy,  water-closet,  house-gully  or  cesspool  to  be  demolished,  amended,  or
altered as it may deem fit.

Power in
respect of
drains, etc.,
unauthori-
sedly
constructed,
rebuilt or
unstopped.

1 These words were substituted for the words “the control of the Council,” by Mah. 4 of

1974,  s. 29.

2 These words were  substituted for the words “one  hundred  rupees” by Mah. 1 of 2011,

 s. 14.

3 These words were substituted for the words “the control of the council,” by Mah. 4 of

1974, s.30.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(2) Any person who fails to comply with any notice issued by the Chief

Officer under sub-section (1), shall, on conviction, be punished with fine which

may  extend  to 1[one  thousand  rupees,  and  in  the  case  of  continuing  offence

with  further  fine  which  may  extend  to  one  hundred  rupees  for  every  day

after  the  first  during  which  such  contravention  continues].

Inspection
of drains,
etc.

212.

(1) The Chief Officer, after due notice to the occupier, may inspect

any  drain,  privy,  water-closet,  house-gully,  gutter  or  cesspool;  and  for  that

purpose, at any time between sunrise and sunset may enter upon any lands

or buildings with assistants and workmen, and cause the ground or any other

structure  to  be  opened  or  broken  where  he  or  they  may  think  fit,  doing  as

little damage as may be.

(2) The  expense  of  such  inspection  and  of  causing  the  ground  or  the

structure to be closed or repaired and made  good as before shall be borne by

the  Council,  unless  the  drain,  privy,  water-closet,  house-gully,  gutter  or

cesspool  is  found  to  be  in  bad  order  or  condition,  or  was  constructed  in

contravention of the  provisions of any enactment or  of  any by-laws or orders

thereunder  in  force  at  the  time  or  issued  in  respect  of  such  construction;  in

which case such expense shall be paid by the owner of such drain, privy, water-

closet,  house-gully,  gutter  or  cesspool,  and  shall  be recoverable  in  the  same

manner as an amount due on account of a property tax.

Council may
execute
certain works
without
option to
person
concerned of
executing the
same.

213.

(1) The Council may, if it think fit, cause any work, the execution of

which may be ordered by or on behalf of the Council under any of the foregoing

provisions of this Chapter, to be executed by municipal or other agency under

its own orders, without first of all giving the person by whom the same would

otherwise  have  to  be  executed  the  option  of  doing  the  same.

(2) The expenses of any work so done shall be paid by the person aforesiad,

unless  the  Council  shall,  by  a  general  or  special  order  or  resolution,  sanction

the execution of such work at the charge of the municipal fund.

Pipes, etc.
construct by
Council to be
municipal
property.

214.   Any  pipes,  fittings,  receptacles,  or  other  appliances,  for  or  connected
with the drainage of any private building or land, shall, if supplied, constructed

or  erected  at  the  expense  of  the  Council,  be  deemed  to  be  municipal

property,  unless  the  Council  shall  have  transferred  its  interest  therein  to

the owner of such building or land.

1 These words were  substituted for the words “one hundred  rupees” by Mah. 1 of  2011, s. 15.

1965 : Mah. XL]

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

167

CHAPTER XIV .

WATER SUPPLY.

215.

(1) A  Council  may,  with  the  sanction  of  the  Director,  demarcate
and  notify  the  limits  of  the  water-shed  of  any  lake,  tank,  well  or  reservoir
from  which  water  is  derived  for  the  municipal  water-work  or  use  by  the
residents  of  the  municipal  area.

Prohibition of
certain acts
affecting the
municipal
water  works.

(2) Except  with  the  permission  of  the  Council,  no  person  shall—

(a) erect any building for any purpose whatever within such limits;

(b) remove, alter,  injure, damage or in any way interfere with any

boundary  marks of  such  water-shed;

(c) extend, alter or apply to any purpose different to that to which
the  same  has  been  heretofore  applied,  any  building  already  existing
within the said limits; or

(d) carry  on,  within  the  said  limits  any  operation  of  manufacture,
trade  or  agriculture  in  any  manner,  or  do  any  act  whatever,  whereby
injury may arise to any such lake, tank, well or reservoir or to any portion
thereof  or whereby  the water  of such  lake,  tank, well  or reservoir  may
be  fouled  or  rendered  less  wholesome.

(3) Except  with  the  permission  of  the  Chief  Officer,  no  person  shall—

(a) cause or suffer to percolate or drain into or upon any municipal
water-work or to be brought there into or thereupon anything, or to be
done  any  act,  whereby  the  water  therein  may  be  in  any  way  fouled  or
polluted  or  its  quality  altered;

(b) alter  the  surface  of  any  municipal  land  adjacent  to  or  forming
part of  any  such  work  by  digging  thereinto  or  depositing  thereon  any
substance;

(c) cause or suffer to enter into the water in such work any animal ;

(d) bath  in or near such work;

(e) throw or put anything into or upon the water in such work;

(f) wash or cause to be washed in or near such work any animal or

thing.

(4) Whoever  contravenes  any  provision  of  sub-section (2),  shall,  on
conviction, be punished with imprisonment for a term which may extend to
one month, or with fine which may extend to 1[one thousand rupees], or with
both.

1 These words  were substituted for  the words “one  hundred rupees” by   Mah. 1  of 2011,

s. 16(1).

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(5) Whoever  contravenes  any  provision  of  sub-section (3),  shall  be
deemed  to  have  committed  an  offence  punishable  under  section  277  of  the
Indian  Penal  Code.

XLV
of 1860.

Prohibition
of wilful
or neglectful
acts relating
to water
works.

(6) When any person is convicted under sub-section (4), the Magistrate
who convicts him may order the immediate removal of any building, or the
immediate discontinuance of the operation or use of land, in respect of which
such  conviction  has  been  held.

(7) If any order made under sub-section (6)  is disobeyed or the execution
thereof  resisted,  the  offender  shall,  on  conviction,  be  punished  with
imprisonment  for  a  term  which  may  extend  to  three  months,  or  with  fine
which may extend to 1[three thousand  rupees], or  with both.

216.

(1) No  person  shall  wilfully  or  negligently—

(a) injure or suffer to be injured any meter belonging to the Council

or any of the fitting of any such meter;

(b) break,  injure  or  open  any  lock,  seal,  cock,  valve,  pipe,  work,

engine,  cistern  or  fitting  appurtaining  to  any  municipal  water-work;

(c) do any act or suffer any act to be done whereby the water in, or

derived  from,  any  municipal  water-work,  shall  be  wasted;

(d) obstruct,  divert or in any way injure or alter any water-main

or  duct;

(e) except  with  the  permission  of  the  Chief  Officer,  open,  break,
injure  or  tamper  with  any  lock  furnished  under  the  provisions  of  this
Act.

(2) Whoever  contravenes  any  provision  of  sub-section (1)  shall,  on
conviction, be punished with fine which may extend to 2[one thousand rupees.]

Prohibition
of construct-
ing drains,
etc., near
sources of
water
supply.

217.

(1) The Chief Officer, may by a written notice, require the owner
or occupier on  whose land any drain, privy, water-closet,  cesspool, or other
receptacle  for filth  or refuse  for the  time being  exists within  such distance  as
may be  prescribed by by-laws, from  any spring, well, stream, channel, tank,
reservoir  or  other  source  from  which  water  is  or  may  be  derived  for  public
use, and which would be in a position where such source of water is likely to be
injured or  the water therein  polluted, to remove  or close such  drain, privy,
water-closet, cesspool or other receptacle for filth or refuse, within one week
from the  date of service of  the notice.

1 These words were substituted for the words “three hundred rupees”, by Mah. 1 of 2011,

 s. 16(2).

2 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 17.

1965 : Mah. XL]

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

169

(2) Whoever fails to comply with the notice under sub-section (1), shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 1[five  hundred
rupees]  and  in  the  case  of  continuing  offence  with  further  fine  which  may
extend  to 2[fifty  rupees]  for  every  day  after  the  first  during  which  such
offence  continues.

218. For the  purpose of obtaining  a supply  or an additional  supply of
water  or  of  distributing  the  same,  the  Council  shall  have  the  same  powers
and  be  subject  to  the  same  restrictions  for  carrying,  renewing,  repairing,
altering and inspecting water mains, pipes and ducts within or without the
municipal area as it has and is subject to under the provisions hereinbefore
contained  for  carrying,  renewing,  repairing,  altering  and  inspecting  drains
within  the  municipal  area.

219.

If at any time it appears to the Chief Officer that any building or
land  in  the  municipal  area  is  without  a  proper  supply  of  protected  water,
the Chief Officer, subject to 3[ the control of the President,] may by written
notice require the owner, lessee or occupier of the building or land to obtain
from municipal water works such quantity of water as may be adequate for
the  requirements  of  the  persons  usually  occupying  or  employed  upon  the
building or land, and to provide communication pipes of such size, materials
and description and to take all necessary steps for the purpose as prescribed
by-laws, if any, and if no by-laws have been framed, then as the Chief Officer
may  consider  necessary.

4[219A. If, a common facility is created by the State Government or by
any  agency  of  the  State  Government,  under  instructions  from  the  State
Government,  for  processing  or  disposal  of  solid  waste  or  treatment  or
recycling  sewage  and  waste  water  or bulk  supply  or  treatment  of  water  for
drinking purpose, it shall be mandatory for the Council, if so directed by the
State Government, to partake of that facility in accordance with such terms
and conditions as may be specified by the State Government, by an order in
the Official  Gazette:

Provided that, the State Government shall, before issuing any direction
under this section, give an opportunity to the Council to make within fifteen
days a representation, if any, in this regard. If the Council fails to represent
within  fifteen  days  or,  after  having  represented,  the  State  Government,  on
considering the representation,  is of the opinion that  issuing such direction
is necessary, the State Govenment may issue the same.]

Power of
carrying
water mains.

Power to
require
water supply
to be taken.

Obligation of
Council
to partake
common
facility.

220.

(1) The  Chief  Officer  may  at  any  time  by  written  notice,  require
that the owner of  or any person who has the control over any well, stream,
channel, tank or other source of water-supply, shall, whether such source is
private  property  or  not,  within  a  reasonable  time  to  be  specified  in  the
notice,  or  in  any  case  falling  under  clause (d)  within  twenty-four  hours  of
such  notice,—

Powers and
duties with
regard to
dangerous,
stagnant or
insanitary
sources of
water supply.

1 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 18 (1).
2 These words were substituted for the words “five rupees” by Mah. 1 of 2011, s. 18 (2).
3 These words were substituted for the words “the control of the Council,” by Mah. 4 of 1974,

s. 31.

4 Section 219A was inserted by Mah. 28 of 2012, s.7.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(a) keep and maintain any such source of water-supply, other than

a stream in good repairs; or

(b) cleanse  any  such  source  of  water-supply  from  silt,  refuse  and

decaying  vegetation;  or

(c) in such manner as the Chief Officer may prescribe, protect any

such  source  of  water-supply  from  pollution  or  contamination;  or

(d) repair,  protect  or  enclose  in  such  manner  as  the  Chief  Officer

approves any such source of water-supply, if for want of sufficient repair,

protection  or  enclosure,  such  source  of  water-supply  is,  in  the  opinion

of the Chief Officer, dangerous to the health or safety of the public or of

any person having occasion to use or to pass or approach the same; or

(e) desist  from  using  and  from  permitting  others  to  use  for

drinking purposes  any such source of  water-supply, which is  proved to

the satisfaction of the Chief  Officer to be unfit for drinking; or

(f) if,    notwithstanding  any  such  notice  under  clause (e),  such  use

continues  and  cannot  in  the  opinion  of  the  Chief  Officer  be  otherwise

prevented, close either temporarily or permanently or fill up or enclose

or  fence  in  such  manner  as  the  Chief  Officer  considers  sufficient  to

prevent such  use of  such source  of water-supply  as aforesaid;  or

(g) drain  off or otherwise remove from any source of water-supply

or  from  any  land  or  premises  or  receptacle  or  reservoir  attached  or

adjacent thereto, any stagnant water which the Chief Officer considers

to  be  injurious  to  health  or  offensive  to  the  neighbourhood.

(2) If the owner or person having control as aforesaid, fails or neglects

to  comply    with  any  notice  under  sub-section (1)  within  the  time  specified

therein,  the  Chief  Officer  may  and  if  in  his  opinion  immediate  action  is

necessary to protect the health or safety of any person shall, at once proceed

to  execute  the  work  required  by  such  notice;  and  all  the  expenses  incurred

therein by the Chief Officer shall be paid by the owner of, or person having

control over, such water-supply, and shall be recoverable in the same manner

as an amount due on account of a property tax :

Provided that, in the case of any well or private stream or of any private

channel, tank or other source of water-supply, the water of which is used by

the public or any section of the public as of right, the expenses  incurred by

the  Chief  Officer  or  necessarily  incurred  by  such  owner  or  person  having

such control, may if the Council so directs, be paid from the municipal fund.

1965 : Mah. XL]

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

171

(3) The  Chief  Officer  may,  by  written  notice,  require  the  owner  or

occupier  of  any  land  to  cut  down,  lop  or  trim  all  trees  or  shrubs  which  so

overhang any public tank, well or other source of water-supply as to pollute

or  be  likely  to  pollute  the  water  thereof.

221.

(1)  The  Council  may  set  apart  suitable  places  for  the  purpose  of

bathing, and may specify the times at which, and the sex of persons by whom,

such places may be used, and may also set apart suitable places for washing

animals,  clothes  or  vessels  or  for  any  other  purpose  connected  with  the

Power to
regulate
bathing and
washing
places.

health, cleanliness or comfort of the inhabitants of the municipal area.

(2) 1[The  Chief  Officer,  subject  to  the  control  of  the  President,]  may

by  public  notice  prohibit  bathing  or  washing  animals,  clothes  or  vessels  or

doing  any other thing in any public place not so set apart, or at times or by

persons  other  than  those  specified  under  sub-section (1)  or  may  prohibit  other

act  by  which water  in public  places  may be  rendered foul    or  unfit  for  use or

which  may  cause  incovenience  or  annoyance  to  persons  using  the  bathing  or

washing  places.

(3) Any  person  who  contravenes  any  provision  of  sub-section  (2),  shall,  on

conviction, be punished with fine which may extend to 2[five hundred rupees].

222. Any person appointed by the State Government for the purposes
of  inspection  of  municipal  water-works  shall,  at  all  reasonable  times,  have

liberty  to  enter  upon  and  inspect  such  water-works.

223.

(1) No  new  well,  tank,  pond,  cistern  or  fountain  shall  be  dug  or

constructed, without the previous permission in writing of the Chief Officer.

(2) If  any  such  work  is  begun  or  completed  without  such  permission,

the  Chief  Officer  may  either—

(a) by  written  notice  require  the  owner  or  other  person  who  has

done such work to fill up or demolish such work in such manner as the

Chief  Officer  shall  prescribe;  or

(b) grant  written  permission  to  retain  such  work  but  such

permission  shall  not  exempt  such  owner  from  any  proceedings  for

contravening  the  provisions  of  sub-section (1).

1 These words were substituted for the words “The Council” by Mah. 4 of 1974, s. 32.
2 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 19.

Inspection
of Municipal
water-works
by persons
appointed
by State
Government.

Digging of
wells, etc.,
without
permission
prohibited.

H  4109-24

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and Industrial Townships Act, 1965

[1965 : Mah. XL

CHAPTER  XV

PUBLIC SAFETY AND CONVENIENCES.

Fencing and
lighting
during
repairs, etc.

224.

(1) The  Chief  Officer  shall,  during  the  construction  or  repair  of

any of the streets, drains or other premises vested in the Council, take proper

precaution  for  guarding  against  accident,  by  shoring  up  and  protecting  the

adjoining  buildings,  and    shall  cause  such  bars,  chains  or  posts  as  he  shall

think  fit,  to  be  fixed  across  or  in  any  street  to  prevent  the  passage  of

carriages,  carts  or  other  vehicles,  or  of  cattle  or  horses,  while  such

construction  or  repair  is  being  carried  on  and  shall  cause  any  such

construction or repair work in a street to be sufficiently lighted and guarded

during  the  night.

(2) Whoever takes down, alters or removes any of the said bars, chains,

or  posts  removes  or  extinguishes  any  such  light  without  the  authority  or

consent of the Chief Officer, shall, on conviction, be punished with fine which

may extend  to 1[two  thousand  and five  hundred  rupees.]

Dangerous
quarrying.

225.

(1) If in the opinion of the Chief Officer, the working of any quarry

or the removal of stone, earth or other material from the soil in any place, is dangerous

to persons residing in or having a light of access to the neighbourhood thereof,

or  creates  or  is  likely  to  create  a  nuisance,  the  Chief Officer  may,  by  written

notice, require the owner of the said quarry or place or the person responsible

for  such  working  or  removal  not  to  continue  or  permit  the  working  of  such

quarry or the removing of such material, or to take such other measures in

respect of such quarry or place as the Chief Officer shall direct for the purpose

of preventing the danger or of abating the nuisance arising or likely to arise

therefrom  :

Provided  that,  if  such  quarry  or  place  is  vested  in  Government  or  if

such  working  thereof  or  removal  therefrom  as  aforesaid  is  being  carried  on

by or on behalf of  Government or any person acting with the permission or

under  the  authority  of  Government  or    any  Government  Officer  acting  as

such,  the  Chief  Officer  shall  not  take  such  action,  unless  and  until  the

Collector  has  consented  to  his  so  doing  :

Provided further that, the Chief Officer shall immediately cause a proper

hoard or fence to be put up for the protection of passengers, near such quarry

or  place,  if  it  appears  to  him  to  be  necessary  in  order  to  prevent  imminent

danger.

1 These words were substituted for the words “two hundred and fifty rupees” by Mah.

1 of  2011, s. 20.

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

173

(2) Any  expense  incurred  by  the  Chief  Officer  in  taking  action  under

this  section  shall  be  paid  by  such  owner  or  the  person  responsible  for  such

working  or  removal,  and  shall  be  recoverable  in  the  same  manner  as  an

amount due on account of property tax.

226.

(1) A person intending to construct or take down any building or

to alter or repair any building externally shall, if the position or circumstances

of  the  work  is  or  are  likely  to  cause  or  may  cause  obstruction,  danger  or

Hoards to be
set up
during
repairs, etc.

inconvenience  in  any  street,  before  beginning  such  work—

(a) first  obtain  permission  in  writing  from  the  Chief  Officer  so  to

do; and

(b) cause  sufficient  hoards  or  fences  to  be  put  up  in  order  to

separate  the  area  where  the  work  is  to  be  carried  on  from  the  street,

and shall maintain such hoard or fence standing and in good condition

to  the  satisfaction  of  the  Chief  Officer  during  such  time  as  the  Chief

Officer  considers  necessary  for  the  public  safety  or  convenience,  and

shall  cause  the  same  to  be  sufficiently  lighted  during  the  night,  and

shall  remove  the  same  when directed  by  the  Chief  Officer.

(2) Whoever  contravenes  any  provision  of  sub-section (1)  shall,  on

conviction,  be  punished  with  fine  which  may  extend  to 1[five  hundred

rupees] and in the case of continuing contravention with further fine which

may  extend  to 2[one  hundred  rupees]  for  every  day  after  the  first  during

which  such  contravention  continues.

227.

(1) It shall be the duty of the manager or proprietor  of any place

for  public  entertainment  to  make  such  provision  as  may  be  prescribed  by

the by-laws or if no by-laws have been  framed, as the Chief Officer may by

written notice require, for  the prevention and extinction of fire,  and for the

easy exit of the audience in case of fire.

Power to
require
precaution in
place of
public
entertain-
ments.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,

on  conviction,  be  punished  with  fine  which  may  extend  to 3[five  thousand

rupees] and in the case of continuing contravention with further fine which

may  extend  to 4[two  hundred  and  fifty  rupees]  for  every  day  after  the  first

during  which  such  contravention  continues.

1 These words were substituted for the words “fifty  rupees”, by Mah. 1 of 2011, s. 21 (1).

2 These words were substituted for the words “ten  rupees” by Mah. 1 of 2011, s. 21 (2).

3 These  words  were  substituted  for  the  words  “five  hundred  rupees”  by  Mah.  1  of  2011,

s. 22 (1).

4 These words were substituted for the words “twenty-five rupees” by Mah. 1 of 2011, s. 22 (2).

H 4109-24a

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Powers for
suppression of
fires.

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

[1965 : Mah. XL

228.

(1) It shall be the duty of all police officers and all municipal officers

and servants to aid the fire-brigade in the execution of its duties.

(2) On the occasion of a fire within the limits of a municipal area, any
Magistrate, the President, the Chief Officer, 1[the Municipal Fire Officer] or
any  member  of  a  fire-brigade  maintained  by  the  Council  or  by  the  State
Government directing the  operations of the brigade  and if directed so  to do
by  any  of  the  persons  aforesaid,  any  police  officer  above  the  rank  of  a
constable,  may—

(a) remove  or  order  removal  of  any  person  who  by  his  presence
interferes  with  or  impedes  the  operations  for  extinguishing  the  fire  or
for  saving life  or property  ;

(b) close any street or passage in or near which any fire is buring ;

(c) for the purpose of extinguishing the fire, break into or through
or  pull  down  or  cause  to  be  broken  into  or  through  or  pulled  down,  or
use for the passage of houses or other appliances, any premises ;

(d) cause  mains  and  pipes  to  be  shut  off  so  as  to  give  greater

pressure of water in or near the place where the fire has occurred ;

(e) call  on  the  persons  in  charge  of  any  fire-engine  to  render  such

assistance as may be possible ; and

(f) generally, take such measures as may appear necessary for the

preservation  of  life  or  property.

2[(2A) A  report  of  every  fire  which  occurs  in  the  municipal  area  shall
be submitted by the Municipal Fire Officer or any member of the fire-brigade
not later than the day following the fire to the Chief Officer, who shall make
such further inquiry, if any, as he may deem necessary ; and shall furnish a
monthly return of all fires which occur in the municipal area, to the Standing
Committee, the District Magistrate and the Fire Advisor to the Government
of Maharashtra.]

(3) When  any  Government  building  is  endangered  by  such  fire,  any
Government officer for the time being in charge of the building may exercise
the  powers  conferred  by  sub-section  (2).

(4) No compensation shall be payable by any person for any act done by

him in good faith under sub-section (1) or (2).

1 These words were inserted by Mah. 26 of 1990, s. 5 (a).
2 Sub-section (2A) was inserted by Mah. 26 of 1990, s. 5(b).

1965 : Mah. XL]

Maharashtra Municipal Councils, Nagar Panchayats
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175

Depositing
dust, etc.,
committing
nuisance.

Discharging
sewage, etc.

Non-removal
of filth, etc.

CHAPTER  XVI.

NUISANCES.

229.

(1) Whoever deposits or causes or suffers any member of his family
or  house  hold  to  deposit  any  dust,  dirt,  dung,  ashes,  refuse  or  filth  of  any  kind
or  any  animal  matter  or  any  broken  glass  or  earthenware  or  other  rubbish
or any other thing that is or may be a nuisance or danger, in any street or in
any arch under a street or in any drain beside a street or on any open space not
being private property or on any quay, jetty or landing place or on any part of
the seashore, or the bank of tidal river, or whether above or below highwater
mark,  or  on  the  bank  of  the  river,  water  course  or nullah,  except  at  such
places, in such manner and at such hours as shall be fixed by the Chief Officer,
and  whoever  commits  or  suffers  any  members  of  his  family  or  household  to
commit  nuisance  in  any  such  place  as  aforesaid,  shall,  on  conviction,  be
punished  with  fine  which  may  extend  to 1[one  thousand  rupees].

(2) Whoever throws or puts or causes or suffers any member of his family
or  household  to  throw  or  put  any  of  the  matters  described  in  sub-section  (1)
except  night-soil  or  except  with  the  permission  of  the  Chief  Officer,  any  night-
soil  into  any  drain,  culvert,  tunnel,  gutter  or  water-course,  and  whoever
committs nuisance or suffers any member of his family or household to commit
nuisance  in  any  such  drain,  culvert,  tunnel,  gutter  or  water-course,  or  in
such close  proximity thereto  as to pollute  the same,  shall, on  conviction, be
punished  with  fine  which  may  extend  to 2[one  thousand  rupees].

230. Whoever causes or allows the water of any sink, sewer or cesspool
or  any  other  liquid  or  other  matter  which  is  or  which  is  likely  to  become  a
nuisance,  from  any  building  or  land  under  his  control,  to  run,  drain,  or
be  thrown  or  put  upon  any  street  or  open  space,  or  to  soak  through  any
external  wall,  or  causes  or  allows  any  offensive  matter  from  any  sewer  or
privy to run, drain or be thrown into a surface drain in any street, without
the  permission  in  writing  of  the  Chief  Officer  or  who  fails  to  comply  with
any condition prescribed in such permission, shall, on conviction be punished
with  fine  which  may  extend  to 3[one  thousand  rupees,  and  in  the  case  of
continuing  offence  with  further  fine  which  may  extend  to  one  hundred
rupees  for  every  day  after  the  first  during  which  such  contravention
continues].

231. Whoever, being the owner or occupier of any building or land, keeps
or  allows  to  be  kept  for  more  than  twenty-four  hours,  or  otherwise  than  in
some  proper  receptacle,  any  dirt,  dung,  bones,  ashes,  night-soil,  filth  or  any
noxious  or  offensive  matter,  in  or  upon  such  building  or  land,  or  suffers  such
receptacle  to  be  in  a  filthy  or  noxious  state,  or  neglects  to  employ  proper
means  to  remove  the  filth  from  and  to  cleanse  and  purify  such  receptacle,  or
keeps  or  allows  to  be  kept  in  or  upon  such  building  or  land  any  animal  in
such  a  way  as  to  cause  a    nuisance,  shall,  on  conviction,  be  punished  with
fine which may extend to 4[one thousand rupees] and in the case of continuing
offence  with  further  fine  which  may  extend  to 5[two  hundred  rupees]  for
every  day  after  the  first  during  which  such  contravention  continues.

1 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  1  of  2011,

 s. 23 (1).

2 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 23 (2).
3 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 24.
4 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 25 (1).
5 These words were substituted for the words “twenty rupees” by Mah. 1 of 2011, s. 25 (2).

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and Industrial Townships Act, 1965

[1965 : Mah. XL

Removal of
night-soil.

232.

(1) The Chief Officer may from time to time fix the hours within
which  and  the  routes  by  which  only  it  shall  be  lawful  to  remove  any
night-soil  or  such  other  offensive  matter.

(2) The Chief Officer shall cause a notice of such hours and routes to be

given in the manner prescribed  in section 326.

(3) Whoever,—

(a) when  the  Chief  Officer  has  fixed  such  hours  and  routes  and
given  such  public  notice,  removes  or  causes  to  be  removed  along  any
street any such offensive matter at any time except within the hours so
fixed, or by any route other than that fixed by the Chief Officer ; or

(b) at  any  time,  whether  such  hours  or  routes  have  been  fixed  by

the  Chief  Officer  or  not,—

(i) uses  for  any  such  purpose  any  cart,  carriage,  receptacle  or
vessel,  not  having  a  covering  sufficient  for  preventing  the  escape  of
the contents  thereof and of  the stench therefrom  ; or

(ii) wilfully  or  negligently  slopes  or  spills  any  such  offensive

matter in the removal thereof ; or

(iii) does not carefully sweep and clean every place in which any

such  offensive matter  has  been slopped  or  spilled ;  or

(iv) places or sets down in any public place any vessel containing

such  offensive  matter,

shall,  on  conviction,  be  punished  with  fine  which  may  extend  to 1[one

thousand  rupees].

2[(4) (a) No  person  shall  require  or  compel  any  other  person  to  carry,
and no person shall carry, night-soil as a head-load for removing it from any
premises or place to any other premises or place, or for disposal, in any part
of the municipal area.

(b) Whoever contravenes any provision of clause (a) shall, on conviction,
be punished with imprisonment for a term which may extend to six months,
or with fine which may extend to 3[ten thousand rupees], or with both.

(c) Whoever abets any offence punishable under this sub-section shall,
if the act abetted is committed in consquence of the abetment, be punished
with  the  punishment  provided  for  such  offence.]

Using
offensive
manure, etc.

233. Whoever, except with the written  permission of the Chief Officer,
and  in  accordance  with  the  conditions  of  such  permission,  stores  or  uses
night-soil  or  other  manure  or  substance  emitting  an  offensive  smell  in  such
manner  as  to  be  a  nuisance  to  the  neighbourhood,  shall,  on  conviction,  be
punished  with  fine  which  may  extend  to 4[one  thousand  rupees].

Abatement of
nuisance from
wells, etc.

234.

If,  in  the  opinion  of  the  Chief  Officer—

(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain,

water course, or any collection of a water ; or

(b) any  cistern  or  other  receptacle  for  water  whether  within  or

outside a building ; or

1 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  1  of  2011,

s. 26(1).

2 Sub-section (4) was added by Mah. 67 of 1981, s. 3.
3 These words  were substituted  for the  words “one  thousand rupees”  by Mah.  1 of  2011,

s. 26 (2).

4 These words were substituted for the words “one hundred  rupees” by Mah. 1 of 2011, s. 27.

1965 : Mah. XL]

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

177

(c) any land on which water is accumulated,

is or is likely to become a breeding place of mosquitoes or in any other
respect  a  nuisance,  the  Chief  Officer  may,  by  notice  in  writing,  require  the
owner  thereof  to—

(i) fill  up,  cover  over  or  drain  off  the  same  in  such  manner  and

with such materials as the Chief Officer shall prescribe ; or

(ii) take  such  measures  with  respect  to  the  same  including
treatment by such physical, chemical or biological methods for removing
or abating the nuisance as may be prescribed in the notice.

235.

(1) If,  for  any  reason,  it  shall  appear  to  the  Council  that  any
building or any room in a building intended for or used as a dwelling is unfit
for human habitation, the Council shall give to the owner or occupier of such
building  notice  in  writing,  stating  such  reason,  and  signifying  its  intention
to prohibit the further use of the building or room, as the case may be, as a
dwelling, and shall, in such notice, call upon the owner or occupier aforesaid
to state in writing any objection thereto within thirty days after the receipt
of such notice ; and if no objection is raised by such owner or occupier within
such period as aforesaid, or if any objection which is raised by such owner or
occupier  within  such  period  appears  to  the  Council  invalid  or  insufficient,
the  Council  may,  by  an  order  in  writing,  prohibit  the  further  use  of  such
building or room as a dwelling.

(2) When any such prohibition as aforesaid has been made by the Council,
the Chief Officer shall cause notice of such prohibition to be affixed to, and
the  words  “  unfit  for  human  habitation”  and  corresponding  expression  in
Marathi to be painted on the door or some conspicuous part of such building
or  room,  as  the  case  may  be  ; and  no  owner  or  occupier  of  such  building  or
room, shall use or suffer the same to be used for human habitation until the
Council  certifies  in  writing  that  the  building  or  room,  as  the  case  may  be,
has been rendered fit for human habitation.

236.

(1) If any building or land, whether tenantable or otherwise, is—

(i) in an insanitary, filthy or unwholesome state ; or

(ii) in the opinion of the Chief Officer a nuisance to persons residing

in  the neighbourhood  ;  or

(iii) overgrown  with  prickly-pear  or  rank  and  noisome  vegetation,

the Chief Officer may, by written notice, require the owner or occupier
of  such  building  or  land  to  clean,  lime-wash  internally  or  externally,  clear,
or otherwise put such building or land in a proper state.

(2) Any  person  who  fails  to  comply  with  the  notice  issued  under  sub-
section (1)  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to
1[one  thousand  rupees],  and  in  the  case  of  continuing  non-compliance  with
further fine  which may  extend to 2[one  hundred rupees]  for  every day  after
the  first,  during  which  such  non-compliance  continues.

(3) Where any building, by reason of dilapidation, neglect, abandonment,
disuse or disputed ownership, or of its remaining untenanted and thereby—

1 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  1  of  2011,

s. 28 (1).

2 These words were substituted for the words “ten rupees” by Mah. 1 of 2011, s. 28 (2).

Buildings or
rooms in
buildings unfit
for human
habitation.

Filthy
buildings, etc.

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

[1965 : Mah. XL

(a) becoming a resort of idle and  disorderly persons, or of persons
who have no ostensible means of subsistence or who cannot give a satisfactory
account of  themselves ;  or

(b) coming into use for any insanitary or immoral purpose ; or

(c) affording a shelter to snakes, rats or other dangerous or offensive

animals,

is  open  to  objection  that  it  is  a  source  of  nuisance  or  danger  or  so
unwholesome or unsightly  as to be a source of  discomfort, inconvenience or
annoyance to the neighbourhood or to persons passing by such building, the
Council,  if  it  considers  such  objection  cannot  under  any  other  provision  of
this Act be otherwise removed, may, if there is any person known or resident
within  the  municipal  area  who  claims  to  be  the  owner  of  such  building,  by
written  notice  directed  to  such  person,  require  such  person  or  in  any  other
case by written notice fixed on the door or any other conspicuous part of the
building, require all person claiming to be interested in such building, within
a  period  which  shall  be  specified  in  the  notice  and  which  shall  not  be  less
than one month from the date of such notice, to—

(i) take such measure as may be  specified in the notice to remove
or  to  prevent  such  nuisance,  danger,  discomfort,  inconvenience  or
annoyance ; or

(ii) cause such building to be take down and the materials thereof

to  be  removed.

CHAPTER   XVII.

PREVENTION AND CONTROL OF DANGEROUS DISEASES.

Dangerous
diseases.

237. For  the  purpose  of  this  Chapter,  the  expression  “dangerous

disease”  means  any  of the  following  diseases,  namely:—

(i) anthrax ;

(ii) Cerabrospinal  fever  ;

(iii) Chicken-pox  ;

(vi) Cholera  ;

(v) Diphtheria  ;

(vi) Enteric  group  of  fevers  ;

(vii) Erysipelas  ;

(viii) Influenzal  Pneumonia-acute  influenza;

(ix) Leprosy  ;

(x) Measles  ;

(xi) Plague  ;

(xii) Poliomyelitis  ;

(xiii) Rabies  ;

(xiv) Relapsing  fever  ;

(xv) Scarlet  fever  ;

(xvi) Small-pox  ;

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

179

 (xvii) Tuberculosis  of  Lungs  and  intestines  ;

(xviii) Typhus  ;

(xix) Yellow  fever  ;

(xx) Continuous  pyrexia  of  unknown  origin  of  more  than  four  days,

duration  ;

(xxi) Any  other  disease  which  the  State  Government  may,  from
time  to time,  by  notification  in  the Official  Gazette,  declare  to  be  a
dangerous  disease.

238.

In any municipal area in which the Council has provided suitable
conveyance  for  the  free  carriage  of  persons  suffering  from  any  dangerous
disease,  it shall  be  lawful  for the  Council  by a  public  notice  to prohibit  the
conveyance  of  such  persons  in  all  or  any  public  conveyances,  and  to  direct
that  any  conveyance  that  may,  any  time,  be  used  for  conveying  any  such
person,  be  immediately  disinfected.

Power to
prohibit use of
public
conveyances
for carriage of
persons
suffering from
dangerous
diseases.

239.

(1) No person suffering from any dangerous disease shall wilfully
expose  himself,  and  no  person  incharge  of  any  person  suffering  from  a
dangerous  disease  shall  expose  such  person,  without  proper  precautions
against spreading the said disease, in any street or in any school or factory, or
in any inn, dharmashala, theatre, market, or to other place of public resort.

Restrictions on
persons
suffering from
dangerous
diseases.

(2) No  person  suffering  from  any  dangerous  disease  shall—

(a) make  or  offer  for  sale  any  article  of  food  or  drink  for  human

consumption  or  any  medicine  or  drug;  or

(b) wilfully touch any such article, medicine or drug when exposed

for sale by other ; or

(c) take any part in the business of washing or carrying clothes.

(3) No person on whom an order has been served in this behalf by the
Chief  Officer  shall  remove  to  another  place,  or  transfer  to  another  person,
except for the purpose of disinfection any article which the person prohibited
knows  or  has  reason  to  believe  has  been  exposed  to  infection  of  any  kind
whatsoever  from  any  dangerous  disease.

240.

(1) In  the  event  of  a  municipal  area  being  threatened  or  visited
at any time by the outbreak of any dangerous disease, the Council shall take
measures for the prevention, treatment and control of the disease, including
isolation  of  persons  suffering  from  such  disease  and  for  investigating  the
causes  of the  prevalence of  the outbreak  of the  disease.

Control and
prevention of
dangerous
diseases.

(2) The Colletor  may, by notification  published in  the Official  Gazette,
and locally in such other manner as he deems fit, declare that a municipal
area is visited or is threatened by the outbreak of a dangerous disease and
thereupon the Collector may, by an order, require the Council to take such
measures  for  the  prevention,  treatment,  and  control  of  such  disease  and
within such period as may be specified in the order and it shall be the duty
of  the  Council  to  comply  with any  order  issued  by  the  Collector.

H 4109—25

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

[1965 : Mah. XL

Information to
be given to the
Chief Officer or
Health  Officer
about incidence
of dangerous
diseases.

Power  of entry
into places
where cases of
dangerous
diseases
suspected.

(3) If the Council fails to comply with any order issued by the Collector

under  sub-section  (2),  the  Collector  may  appoint  any  person  to  take  such

other steps as may be necessary to give effect to the order and all expenses

incurred by the person so appointed or by the Collector shall be borne by the

Council.

241.

It shall be the duty of—

(i) every  medical  practitioner  who,  in  the  course  of  his  practice,

becomes congnizant of a case or a suspected case of a dangerous disease

in any house or place other than a public hospital ;

(ii) the  medical  officer  in-charge  of  any  hospital  or  dispensary  at

which any  person suffering from or  suspected to be suffering  from any

dangerous  disease  is  treated  or  brought  for  treatement  ;

(iii) the manager of a factory or the headmaster of a school or the

keeper  of  a  lodging  house  who  knows  or  has  reason  to  belive  that  any

person  in  any  permises  under  his  management  or  control  is  suffering

from or has died of any dangerous disease ;

(iv) any head of the house-hold who knows or has reason to believe

that any person residing with him is suffering from a dangerous disease ;

to  give  information  of  the  same  with  the  least  practicable  delay  to  the

Chief  Officer  or  the  Health  Officer  of  the  Council.

242. The  Chief  Officer  ,  the  Health  Officer  or  any  person  duly
authorised  by  the  Chief  Officer,  or  the Health  Officer  may,  at  any  time,  by

day  or  night,  enter  with  or  without  assistants,  into  or  upon  any  place  in

which  a  case  of  a  dangerous  disease  is  reported  or  suspected  to  exist,  after

giving such notice as may appear to him reasonable and without any notice

in  the  case  of  factories,    workshops,  workplaces,  officers,  business  places

and  the  like,  for  the  purposes  of  inspection,  investigation  and  adoption  of

such  measures  as  he  may  consider  necessary  to  prevent  the  spread  of  the

disease, including the removal of an infected person to any hospital or place

at  which  persons  suffering  from  the  said  disease  are  received  for  medical

treatment, and to prohibit the person so removed from leaving such hospital

or place without the permission of the officer or person under whose orders

he was removed or of the Officer in-charge of such hospital or place :

Provided  that,  where  the  Collector  has  made  a  declaration  under  sub-

section (2) of section 240, it shall be lawful for the Chief Officer, the Health

Officer  or  any  authorised  person  to  enter  any  place  in  which  a  case  of

dangerous  disease  is  reported  or  suspected  to  exist  without  notice.

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

243. The  Chief  Officer  or  the  Health  Officer  or  any  other  municipal
officer  duly  authorised  by  the  Chief  Officer  or  the  Health  Officer  in  this
behalf may by written notice—

181

Chief Officer or
Health Officer
may direct
owner or
occupier to
take certain
precautionary
measures  and
in default,
carry out the
same.

(a) require  the  owner  or  the  occupier  of  any  building  or  part  of  a
building  in  which  a  case  of  a  dangerous  disease  occurs,  to  get  such
building cleaned, white-washed or disinfected or get any article in such
building cleansed or disinfected to the satisfaction of the officer issuing
such notice ;

(b) prohibit  the  letting  of  or  the  providing  of  accommodation  in
any hotel, inn, dharmashala, or sarai in which a person has, or in which
there  is  reason  to  believe  that  a  person  has  been  suffering  from  a
dangerous  disease,  unless  and  until  the  person  desiring  so  to  let  or
provide  accommodation  shall  have  had  the  building,  or  part  thereof,
cleansed,  white-washed  or  disinfected  or  any  article  therein  cleansed
or  disinfected  to the  satisfaction  of  the  officer  issuing such  notice  :

Provided  that—

(i) if,  in  the  opinion  of  the  Chief  Officer,  or  the  Health  Officer,  or
such authorised officer, the owner or occupier is too poor to pay for the
cost  of  disinfecting,  cleansing  or  white-washing,  he  may  direct  such
disinfecting,  cleansing  or  white-washing  to  be  done  at  the  cost  of  the
municipal fund ;

(ii) when  a  declaration  has  been  made  by  the  Collector  under
sub-section  (2)  of  section  240,  the  Chief  Officer,  the  Health  Officer  or
such authorised officer may at any time get such disinfecting, cleansing
or white-washing done without notice by the municipal staff at the cost
of the municipal fund.

Prohibition of
use of water
likely to
spread
dangerous
disease.

244.

(1) If it appears to the Council that the water of any well, tank or
other  place is likely, if used for the purpose of drinking, bathing, washing or
for  any  other  purpose,    to  endanger  health  or  cause  the  spread  of  any
dangerous  disease,  the  Council  may—

(i) require the owner or the person incharge of such well, tank or other
place  by  written  notice  to  take  such  measures  as  may  be  necessary to
prevent  danger  to  public  health  or  prevent  the  spread  of  any  dangerous
disease  ;

(ii) by public notice, prohibit the removal or use of the said water for any
such  purpose  and  may  take  such  steps  as  may  be  necessary  to  prevent  any
person from removing or using water from such well, tank, or other place :

Provided that, when a declaration under sub-section (2) of section 240, has
been made by the Collector, it shall be lawful for the Chief Officer or the Health
Officer  to  take  action  under  this  sub-section  and  report  the  action  taken  to
the  Council  for  approval.

H 4109—25a

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[1965 : Mah. XL

Additional
powers of
Council on
threatened
outbreak of
dangerous
disease.

(2) No  person  shall  remove  or  use  the  water  from  any  well,  tank  or

other place in respect of which any such public notice has been issued.

245.

If a declaration is made by the Collector under sub-section (2) of

section  240,  the Council  shall  have  power—

(a) to  order  with  the  previous  permission  of  an  Executive
Magistrate, the evacuation of an infected building used as a dwelling or
of any part thereof, or of any building so used adjacent to such building
by  the  person  or  persons  residing,  whether  habitully  or  temporarily,
therein,  provided  that  accommodation  for  all  persons  affected  by  the
order  is  available  or  is  provided  elsewhere  ;

(b) to  order  with  the  previous  permission  of  an  Executive
Magistrate, the destruction of any insanitary shed or hut in which there
is or has been a case of  a dangerous disease or which is likly to spread
any  dangerous  disease;

(c) to prohibit either generally or by special order in any individual
case,  assemblages  consisting  of  any  number  of  persons  exceeding  fifty,
in  any  place  whether  public  or  private,  or  in  any  circumstances,  or  for
any purpose, if in the opinion, recorded in writing, of the Health Officer
of  the  Council  or  of  the  Civil  Surgeon,  such  assemblages  in  such  place
or in such circumstances, or for such purpose, would be likely to become
a means of spreading the disease or of rendering it more virulent ;

(d) to direct the examination by a medical officer of persons and if
necessary,  the  disinfection  of  the  clothing,  bedding  or  other  articles
suspected  of  being  infected,  belonging  to  persons  either  arriving  from
places outside  the  municipal  area  or  residing  in  any  building  adjacent
to  any  infected  building,  and  to  direct  that  any  such  person  shall  give
his name and address and present himself daily for a medical examination
at such times and places as may be prescribed, for a period not exceeding
ten days.

Penalty for
contravention
of provisions
relating to
dangerous
diseases.

246.

(1) Whoever knowingly contravenes any provision of section 238,
239, 241, 242, 243 or  244 or clause (d) of section 245, or disobeys any order or
requisition made under any of the aforesaid sections, or obstructs any officer
of  the  Council  or  other  person  acting  under  the  authority  of  the  Council  in
carrying  out  executively  any  such  order,  shall,  on  conviction,  be    punished
with  fine  which  may  extend  to 1[two  thousand  rupees]  and  in  the  case  of
continuing  offence  with  further  fine  which  may  extend  to 2[two  hundred
rupees]  for  every  day  after  the  first  during  which  such  contravention
continues.

1 These words  were substituted for  the words “two hundred rupees” by Mah. 1 of 2011,

s. 29 (1) (a).

2 These words were substituted for the words “ twenty rupees” by Mah. 1 of 2011, s. 29 (1) (b).

1965 : Mah. XL]

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

183

(2) Whoever contravenes any provision of clause (a), (b) or (c) of section

245,  or  disobeys  any  order  or  requisition  made  under  any  of  all  aforesaid

clauses, or obstructs any officer of the Council or other person acting under

the authority of the Council in carrying out executively any such order, shall,

on  conviction,  be  punished  with  fine  which  may  extend  to 1[ten  thousand

rupees,]  and  in  the  case  of  continuing  offence  with  further  fine  which  may

extend  to 2[five  hundred  rupees]  for  every  day  after  the  first  during  which

such  contravention  continues.

247. The  Council  may,  in  its  discretion,  give  compensation  to  any
person who sustains substantial loss or damage by reason of any action taken

Payment of
compensation.

or required to be taken under sections 242, 243, 244 and 245, but except as

allowed  by  the  Council,  no  claim  for  compensation  shall  lie  for  any  loss  or

damage caused by the exercise of any of the powers specified in the aforesaid

sections.

248.

In the event of a municipal area being threatend or visited at any

time  by  the  outbreak  of  any  infectious  disease  amongst  cattle,  sheep,  goats

Diseases
among
animals.

or  other  animals,  the  Council  shall  take  all  such  measures  as  it  deems

necessary for the purpose of preventing, meeting, mitigating or suppressing

the  disease  or  the  outbreak  or  introduction  thereof,  and  the  provisions  of

sections 238 to 247, shall mutatis mutandis apply.

249.

(1) Whenever the  Council considers the interior of a building is so

overcrowded as to  be or to be likely to become dangerous or prejudicial to  the

health of the inhabitants of that or of any neighbouring building, the Council

may  cause  proceedings  to  be  taken  before  an  Executive  Magistrate  for  the

Proceedings
to abate
overcrowd-
ing of
interiors of
buildings.

purposes  of  obtaining  an  order  to  prevent  such  overcrowding.

(2) Such Magistrate may, on the production of a certificate by a medical

officer  stating  his  opinion  that  the  overcrowding  complained  of  is  likely  to

cause disease or risk  of  disease and after such further inquiry,  if any, as may

appear to such Magistrate necessary, require the owner of the building within

a  reasonable  time,  not  being  more  than  six  weeks  or  less  than  ten  days,  to

abate the number of lodgers, tenants or other inmates of the said buildings  to

such extent as he shall deem necessary to prescribe, or may pass such other

order as he shall deem just and proper.

(3) If the owner of the said building shall have let the same, the landlord

of  the  lodgers,  tenanats  or  other  actual  inmates  of  the  same  shall,  for  the

purposes of this  section, be deemed to  be the owner of  the building.

1 These words  were substituted for  the words “one thousand rupees” by Mah. 1 of 2011,

s. 29 (2) (a).

2 These words were substituted for the words “ fifty rupees” by Mah. 1 of 2011, s. 29 (2) (b).

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(4) It shall be incumbent on any owner, to whom a requisition is issued
under sub-section (2), forthwith to give to so many of the lodgers, tenants or

other  actual  inmates  of  the  said  building  as  may  be  necessary  to  fulfil  the
conditions  prescribed  in  such  requisition,  written  notice  to  vacate  the  said
building  within  the  period  specified  in  such  requisition,  and  any  such

lodgers,  tenants  or  inmates  receiving  such  notice  shall  be  bound  to  comply
therewith.

(5) Any  owner  who  after  the  date  specified  in  any  requisition  issued
under  sub-section  (2)  permits  the  overcrowding  of  any  building  in
contravention  of  such  requisition,  and  any  person  who  omits  to  vacate  any
such  building  in  accordance  with  the  notice  given  to  him  under  sub-section
(4),  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to 1[one
hundred  rupees]  for  each  day  subsequent  to  the  date  specified  in  such
requisition  during  which  such  overcrowding,  or  such  omission  to  vacate,

continues.

250.

(1) The  State  Government  may  by  notification  in  the Official

Gazette,  at any time,—

(a) withdraw  all  or  any  of  the  powers  conferred  under  sections

238 to 249 from any Council;

(b) impose any limitations, restrictions or conditions on any Council

in respect  of the  exercise of  any such  powers; or

(c) cancel any order passed by a Council in the exercise of any such

power.

(2) Every order issued by a Council or any authority or officer subordinate
to  the  Council  in  exercise  of  any  such  power  as  aforesaid  shall,  on  the
withdrawal of  such power, cease to be in force in the municipal area, except

as respects things done or omitted to be done before such order ceases to be

in  force.

(3) The State Government may by like notification at any time reconfer

any  such  powers  on  a  Council  from  which  they  are  withdrawn  under
sub-section (1).

Withdrawal
and modifica-
tion of
powers and
orders under
this Chapter.

Special
powers in
respect of
overcrowding
area.

251.

(1) If the  Council is  of opinion that  risk of  disease has  arisen or

is  likely  to  arise  either  to  any  occupier  in,  or  to  any  inhabitant  in  the
neighbourhood  of,  any  part  of  the  municipal  area  by  reason  of  any  of  the
following  defects,  namely  :—

(a) the  manner  in  which  either  buildings  or  blocks  of  buildings,
already  existing  or  projected  therein,  are,  or  are  likely  to  become,

crowded  together;  or

1 These words were substituted for the words “ ten rupees” by Mah. 1 of 2011, s. 30.

1965 : Mah. XL]

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

185

(b) the  impracticability  of  cleansing  any  such  buildings  or  blocks

of  buildings,  already  existing  or  projected;  or

(c) the want of drainage or scavenging, or the difficulty of arranging

therein  for  the  drainage  or  scavenging  of  any  such  buildings  or  blocks

as  aforesaid;  or

(d) the  narrowness,  closeness,  bad  arrangement  or  bad  condition

of the  streets or  buildings or  group of  buildings,

the Council may, if any of its powers are not withdrawn under the last

preceding  section,  exercise  the  following  powers,  namely  :—

(i) power when any building or block already existing or in course

of  erection,  by  reason  of  any  defect  specified  in  clause (a),  (b),  (c)  or

(d), has given or is in the  opinion of the Council likely to give rise to

such risk as aforesaid, to require by a written notice, to be fixed upon

some  conspicuous  part  of  such  building  or  block  and  addressed,  as

the  Council  deems  fit,  either  to  the  owners  thereof  or  to  the  owners

of the land on which such building or block is erected or is in course

of    erection  that  the  persons  so  addressed  shall,  within  such

reasonable  time  as  shall  be  specified  in  the  notice,  either  pull  down

or remove such building or block, or execute such works or take such

action  in  connection  therewith  as  the  Council  deems  necessary  to

prevent  such  risk;

(ii) power  by  municipal  or  other agency  to  pull  down  or  remove

such building or block, or to execute such works or to take such action

as aforesaid, if the persons addressed in the said notice neglect so to

do  within  the  time  specified  therein.

(2) When, in pursuance of any notice under sub-section (1), any building

has been pulled down, the Council shall, unless such building has been erected

contrary to any provision of this Act or of any by-law in force thereunder, pay to

such  owner  or  occupier  as  may  have  sustained  damage  thereby,

reasonable  compensation,  the  amount  of  which  shall,  in  case  of  dispute,  be

ascertained  or  determined  in  the  manner  provided  in  section  330.

(3) Whoever  commits  a  breach  of  any  notice  given  or  of  any  condition

imposed by the Council in exercise of any power under this section shall, on

conviction,  be  punished  with  fine  which  may  extend  to 1[five  thousand

rupees].

1 These words were substituted for the words “ five hundred rupees” by Mah. 1 of  2011, s. 31.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

CHAPTER  XVIII

DISPOSAL OF DEAD BODIES AND CARCASSES OF ANIMALS

Council to
provide or
permit
burning and
burial
grounds.

252.

(1)   A  Council  may,  with  the  previous  sanction  of  the  Collector,

provide  suitable  places  for  burning  or  burying  or  otherwise  disposing  of

dead bodies and may charge for the use of any such place or for the supply

of    any    material    such    fees    as    the    Council    may    from    time    to    time

determine.

(2) No  person  shall,  after  the  appointed  day,  open  or  provide  any  new

place within the municipal area for the disposal of dead bodies, except with

the  permission  of the  Council  :

Provided  that  —

(i) no such permission shall be granted by the Council without the

sanction  of  the  Collector;

(ii) in  granting  such  permission,  it  shall  be  lawful  for  the  Council

to impose,  with  the  sanction  of  the  Collector,  such  conditions  as  it  may

deem  fit.

(3) The Council may at any time by a general or special notice require

any person owning or maintaining any place for the disposal of the dead on

the  appointed  day,  to  take  such  measures  to  maintain  such  place  in  good

order  and  in  a  safe  sanitary  condition  as  may  be  specified  in  the  notice  or

may  apply  to  the  Collector  under  the  next  succeeding  section  to  close  the

place.

(4) The conditions to be imposed under sub-section (2) or the measures

required    to  be  taken  under  sub-section  (3)  shall  not  be  inconsistent  with

any  by-law  as  framed  by  Council  for  the  maintenance    of  places  for  the

disposal  of  the  dead,  due  regard  being  had  to  the  religious  usages  of  the

community or section  of the community entitled to use  of such place.

(5) Any  person  who  contravenes  any  provision  of  sub-section  (2)  shall,

on  convicition,  be  punished  with  fine  which  may  extend  to 1[five  thousand

rupees.]

1 These words were substituted for the words “ five hundred rupees” by Mah. 1 of 2011,

s. 32.

187

Closing of
places for
disposal of
dead.

1965 : Mah. XL]

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

253.

(1) Where  the  Council  is  of  opinion  that  any  place  for  the

disposal  of  the  dead  is  in  such  a  state  as  to  be,  or  to  be  likely  to  become,

injurious  to  health,  or  that  any  such  place  should  be  closed  for  any  other

reason, the Council may submit its opinion with the reasons therefor to the

Collector and  the Collector  thereupon, after  such further  inquiry, if  any, as

he shall deem fit to cause to be made, by notification direct that such place

shall cease to be so used from such date as may be specified in that behalf in

the  said  notification.

(2) A  copy  of  the  said    notification  together  with  a  translation  thereof

in  Marathi  shall  be  published  in  the  local  newspapers,  if  any,  and  shall  be

posted  up  at  the    municipal  office  and  in  one  or  more  conspicuous  spots  on

or near the place to which the same relates.

(3) Any  person  who  buries  or  otherwise  disposes  of  any  corpse  in  any

such place, after the date specified in the said notification for closure of the

same, shall, on conviction, be punished with fine which may extend to 1[two

thousand  and  five  hundred  rupees.]

254.

(1) Except with the permission of the Chief Officer, no person shall—

(a) burn, bury or otherwise dispose of any corpse except at a place

provided  or  maintained  for  the  purpose;

Acts prohi
bited in
connection
with dis-
posal of
dead.

(b) retain  a  corpse  on  any  premises,  without  burning,  burying  or

otherwise lawfully disposing of the same, for so long a time after death

as to create a nuisance ;

(c) carry a corpse along any street without having and keeping the

same  decently  covered  or  without  taking  such  precautions  to  prevent

risk  of  infection  or  injury  to  the  public  health  as  the  Council  may,  by

public notice, from time to time, think fit to require ;

(d) except  when  no  other  route  is  available,  carry  a  corpse  along

any street along which the carrying of corpses is prohibited by a public

notice issued by the Council in this behalf ;

(e) remove  a  corpse  which  has  been  kept  or  used  for  purposes  of

dissection,  otherwise  than  in  a  closed  receptacle  or  vehicle;

(f) whilst  conveying  a  corpse,  place  or  leave  the  same  on  or  near

any  street  without  urgent  necessity;

1 These words were substituted for the words “ two hundred and fifty rupees” by Mah. 1 of

2011, s. 33.

H 4109—26

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(g) reopen  for  the  interment  of  a  corpse  a  grave  or  vault  already

occupied ;

(h) after bringing or causing to be brought to a burning ground any

corpse fail to burn or cause the same to be burnt within six hours from

the time of the arrival thereof at such ground;

(i) when burning or causing to be burnt any corpse, permit the same

or  any  portion  thereof  to  remain  without  being  completely  reduced  to

ashes  or  permit  any  cloth  or  other  article  used  for  the  conveyance  or

burning of such corpse to be removed or to remain on or near the place

of  burning  without  its  being  completely  reduced  to  ashes;

(j) exhume  any  body  except  under  the  provision  of  section  176  of

the *Code of Criminal Procedure, 1898, or of any other law for the time

V of
1898.

being in force, from any place for the disposal of the dead.

Explanation.—For the  purposes of  this section,  the expression  “corpse”

includes  any  part  thereof.

(2) Any person who contravenes any provision of sub-section (1), shall,

on  conviction,  be  punished  with  fine  which  may  extend  to 1[one  thousand

rupees].

Certificate
for disposal
of the dead.

255. No  person,  in  charge  of  any  place  for  the  disposal  of  the  dead,
shall  permit  the  disposal  of  any  dead  body    at  such  place  except  on  the

production  of  a  certificate  signed  by  a  registered  medical  practitioner

specifying  the  date,  time  and  cause  of  death  or  a  no  objection  certificate

signed  by  the  Chief  Officer  or  a  Councillor  residing  in  the  locality.

Disposal of
dead
animals.

256.

(1) A Council may provide places for the disposal of carcasses of

dead animals and may make by-laws regulating the disposal of carcasses of

dead  animals.

(2) The  Council may also charge fees at such rates as it may from time

to time determine for the disposal of a carcass at any place provided by the

Council  or  through  the agency  of  the  Council.

1 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 34.

* see now the Code of Criminal Procedure, 1973 (2 of 1974).

1965 : Mah. XL]

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

189

Council to
provide funds
and employ
staff for
registration.

Registers of
births and
deaths.

Intimation
regarding
birth.

CHAPTER  XIX

VITAL STATISTICS

257. The  Health  Officer  or  if  there  be  no  Health  Officer  such  other
officer  as  the  Council  may  appoint  in  this  behalf,  shall  be  the  Registrar  of
Births and Deaths for the Municipal area.

258.

(1) Each  Registrar  shall  keep  or  cause  to  be  kept  in  such  forms
as  may  from  time  to  time  be  approved  by  the  Director  of  Public  Health  for
Government, separate registers of births and deaths and shall record therein
all births and deaths taking place in the Municipal area.

(2) The Registrar shall, if so required by the Director of Public Health,

keep  a  separate  register  for  the  registration  of  still  births.

Explanation.—For  the  purposes  of  this  section—

(a) a still born child is one which has issued forth from its mother
after  the  twenty-eighth  week  of  pregnancy  and  which  did  not  at  any
time  after  being  expelled  from  its  mother,  breathe  or  show  any  other
signs of life ; and

(b) any child born and living for any time, however short, shall be

registered  as a  live  birth.

259.

(1) In  the  case  of  every  child  born  in  any  hospital  or  maternity
home  or  nursing  home,  it  shall  be  the  duty  of  the  medical  practitioner-in-
charge  of  such  hospital  or  maternity  home  or  nursing  home  to  send  to  the
Registrar  within  seven  days  after  the  birth  of  the  child,  whether  dead  or
alive or still born, a notice of such birth, in such form as may be prescribed
by by-laws made in this behalf.

(2) In the case of every child born in the Municipal area but not born in
a hospital or a maternity home or a nursing home, it shall be the duty of—

(a) the medical practitioner, nurse or midwife assisting at the birth

of such child ;

(b) in  default  of  such  medical  practitioner,  nurse  or  midwife,  the

father and the mother of the child ; and

(c) in default of the father and the mother of the child, occupier of
the  premises  in  which  the  child  was  born  and  every  person  present  at
the birth and the person having charge of the child ;

to give to the best of his or her knowledge and belief, to the Registrar, within
seven  days  after  such  birth,  a  notice  of  such  birth,  in  such  form  as  may  be
prescribed by by-laws made in this behalf:

Provided  that,  in  the  case  of  the  mother  of  the  child,  this  sub-section
shall  apply  as  if  for  the  words  “  seven  days”  the  words  “  one  month”    had
been  substituted  :

Provided futher that, a person required to give notice only in default of
some  other  person  shall  not  be  bound  to  give  such  notice  if  he  belived  and
had reasonable grounds for believing that such notice had already been given
by  the persons  primarily  liable  for giving  such  notice.

(3) In the case of an illegitimate child, no person shall, as father of such
child, be required to give information concerning the birth of such child and
the Registrar shall not enter in the register maintained by him, the name of
any  person  as  father  of  the  child  except  of  the  joint  request  of  the  mother
and of the person acknowledging himself to be the father of such child, and
such person shall in such case sign the register together with the mother.

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Information
regarding
foundlings.

Intimation
regarding
name of child.

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

[1965 : Mah. XL

260. Whenever a new-born child is found exposed, it shall be the duty
of  any  person  finding  such  child  and  of  any  person  in  whose  charge  such
child  may  be  placed,  to  give  to  the  best  of  his  knowledge  and  belief,  to  the
Registrar, within seven days after the finding of such child, such information
of the particulars required to be registered concerning the birth of such child
as  the  informant  possesses.

261. When the birth  of any child has  been registered and—

(a) the name, if any, by which it was registered is altered ; or

(b) if it is registered without a name, a name is given to it,

the parent or guardian of such child, or any other person causing such name
to be altered or given, may within twelve months next after the registration
of  birth,  intimate  to  the  Registrar  the  name  or  the  altered  name  and  the
Registrar upon receipt of such intimation, shall, without any erasure of the
original entry, forthwith enter in the register, the name or the altered name,
as the case may be, of the child.

Information
regarding
death.

262.

(1)  The  medical  practitioner-in-charge  of  every  hospital  or
maternity home or nursing home shall forward to the Registrar an intimation
of each death occuring in the hospital, maternity home or nursing home and
the cause of each such death within twelve hours of the death.

(2)  In  the  case  of  every  death  occuring  within  the  municipal  area  but
outside a hospital, maternity home or nursing home, it shall be the duty of—

(i)  the  nearest  relative  of  the  deceased  present  at  the  death  or  in

attendance  during  the  last  illness  of  the  deceased;  and

(ii)  in  default  by  such  relative,  each  person  present  at  the  death
and  the  occupier,  caretaker  or  manager  of  the  premises  in  which  the
death  took  place,

to give, to the best of his knowledge  and belief, to the Registrar, before the
disposal  of  the  corpse  or  within  twenty-four  hours  of  death,  whichever  is
earlier, an intimation of such death and the cause of such death:

Provided that, a person required to give an intimation only in default of
some other person shall not be bound to give such intimation if he believed
or  had  reasonable  grounds  for  believing  that  such  intimation  had  already
been  given.

(3)  The  intimation  under  sub-section  (1)  or  (2)  shall  be  given  in  such

form as may be prescribed by by-laws made in this behalf.

263. Every  medical  practitioner  in  attendance  during  the  last  illness
of  any  person  dying  within  the  municipal  area  but  outside  a  hospital,
maternity  home  or  nursing  home  shall,  within  twenty-four  hours  of  his
becoming cognisant of the death of such person, send a written intimation to
the Registrar stating, to the best of his judgment, the cause of the death; and
the  cause  of  the  death  as  stated  in  the  intimation  shall  be  entered  in  the
death  register,  together  with  the  name  of  the  medical  practitioner.  The
intimation shall be given in such form as may be prescribed by by-laws made
in this behalf.

Report by
medical
practitioners.

Correction of
errors in
registers.

264.

(1) Any clerical error which may at any time be discovered in a
register of births or in a register of deaths, may be corrected by the Registrar.

(2) An error of fact or substance in any such register may be corrected by
the Registrar by an entry in the margin, without any alteration of the original
entry, upon production to the Registrar, by the person requiring the error to be

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

191

corrected,  of  declaration  on  oath  setting  forth  the  nature  of  the  error  and
the true facts of the case made before a Magistrate by two persons required
by this act to give an intimation concerning the birth or death with reference
to  which  the  error  has  been  made  or,  in  default  of  such  person,  by  two
creditable  persons  having  knowledge  of  the  case,  and  certified  by  such
Magistrate to have been made in his presence :

Provided that, if as a result of any inquest or trial, the cause of death is
found  to  be  different  from  that  recorded  in  the  register  of  deaths,  the
Registrar  shall  amend  the  register  so  as  to  record  the  cause  as  established
at the inquest or trial.

(3) The  declaration  shall  be  in  such  form  as  may  be  prescribed  by

by-laws made in this behalf.

(4) Except as aforesaid, no alteration shall be made in any such register.

265.

(1) Any  person  who  fails  to  give  an  intimation  as  required  by
sections 259, 260, 262 or 263 shall, on conviction, be punished with fine which
may  extend  to 1[five  hundred  rupees.]

(2) Any person who wilfully makes, or causes to be made, for the purpose
of  being  inserted  in  any  register  of  births  or  register  of  deaths,  any  false
statements shall, on conviction, be punished with fine which may extend to
2[one  thousand  rupees.]

Penalty for
failure to
report births
and deaths
and for false
statements.

CHAPTER    XX

MARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS

(1) Markets  and  slaughter-houses.

266.

(1) The Council may construct, purchase, take on lease or otherwise
acquire any building or  land for the purpose of establishing a municipal market or
a  municipal  slaughter-house  or  of  extending  or  improving  any  existing
municipal market or slaughter-house, and may from time to time build and
maintain  such  municipal  markets,  and  slaughter-houses,  and  such  stalls,
shops,  sheds,  pens  and  other  buildings  or  conveniences  for  the  use  of  the
persons  carrying  on  trade  or  business  in,  or  frequenting,  such  municipal
markets  or  slaughter-houses,  and  provide  and  maintain  in  such  municipal
markets  such  machines,  weights,  scales  and  measures  for  weighing  and
measuring goods sold therein as the Council shall think fit.

(2) The Council may, at any time, close either temporarily or permanently
any  municipal market  or municipal  slaughter-house or  any portion  thereof.

267.

(1) No  person  shall  use  or  allow  to  be  used  any  place  in  any

municipal  area—

(i) as a private market ; or

(ii) as  a  private  slaughter-house;  or

(iii) for  the  storage  or  sale  of  flesh  or  fish  or  animals  or  birds

intended  for  human  foods,

Power to
provide and
maintain
municipal
markets and
slaughter-
houses.

Private
markets,
etc., not
to be held
without
licence.

1 These words were substituted for the words “ fifty rupees” by Mah. 1 of 2011, s. 35 (1).
2 These words were substituted for the words “ one hundred rupees” by Mah. 1 of 2011, s. 35 (2).

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[1965 : Mah. XL

except  under  and  in  accordance  with  the  conditions  of  a  licence  granted  in

accordance with the provisions of the by-laws made in this behalf :

Provided that, no licence under this section shall be required for selling

or  storing  of  flesh  or  fish  contained  in  hermetically  sealed  receptacles.

(2) Whoever uses or allows to be used  any place for any of the purposes

specified  in  sub-section (1),  without  a  licence,  or  in  contravention  of  any

conditions    subject  to  which  a  licence  may  have  been  granted  under

sub-section (1), shall, on conviction, be punished with fine which may extend

to 1[five  thousand  rupees]  if  the  contravention  is  of  clause (i)  or (ii)  of

sub-section (1) and with fine which may extend to 2[one thousand rupees] if

the  contravention  is  of  clause (iii)  of    that  sub-section,  and  in  the  case  of

continuing  contravention  of  the  said  clause (i)  or (ii)  with  further  fine  of

3[five  hundred  rupees],  and  of  the  said  clause (iii)  with  further  fine  of

4[one  hundred  rupees],  for  every  day  after  the  first  during  which  such

contravention  continues.

Slauhgter-
houses, etc.,
beyond
municipal
area.

268.

(1) It shall be lawful for a Council with the sanction of the Collector

to  establish  municipal  slaughter-houses  or  to  licence  private  slaughter-houses

beyond the limits of the municipal area and all provisions of this Act and of

by-laws  in  force  thereunder  relating  to  such  slaughter-houses  within the

municipal area, shall have full force in respect of slaughter-houses established  or

licensed under  this section, as  if they  were within the  municipal area.

(2) It  shall  be  lawful  for  the  Council  to  prohibit  the  import  into  the

municipal  area  of  meat  except  of  animals  slaughtered  at  a  municipal

slaughter-house  or  a  slaughter-house  licensed  by  the  Council  under

sub-section (1).

(3)    Nothing  in  sub-section (2)  shall  be  deemed  to  apply  to  cured  or

preserved  meat.

Restriction on
slaughter
of animals
for sale.

269.

(1) No  person  shall,  without  written  permission  of  the  Chief

Officer, slaughter or cause to be slaughtered any animal for sale or supply of

meat in the municipal area except in a municipal slaughter-house or a licensed

private  slaughter-house.

(2) Any  person  who  contravenes  any  provision  of  sub-section  (1)  shall,

on  conviction,  be  punished  with  fine  which  may  extend  to 5[one  thousand

rupees.]

1 These words were substituted for the words “ five hundred rupees” by Mah.1 of  2011,

s. 36(1).

2 These words were substituted for the words “ one hundred rupees”, by Mah. 1 of 2011, s. 36 (2).
3 These words were substituted for the words “ fifty rupees”, by Mah. 1 of 2011, s. 36 (3).
4 These words were substituted for the words “ ten rupees”, by Mah. 1 of 2011, s. 36 (4).
5 These words were substituted for the words “ one hundred rupees” by Mah. 1 of 2011, s. 37.

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and Industrial Townships Act, 1965

193

Provisions
for requiring
private
market
buildings and
slaughter-
houses to be
properly
paved and
drained.

Provisions
regarding
approaches
and enviorn
of private
markets.

(3) The  Chief  Officer  may  seize  the  carcass  or  meat  of  any  animal
slaughtered contrary to the provisions of sub-section (1) and may cause it to
be sold, destroyed or disposed of in such other manner as he may think fit.

270.

1[The Chief Officer, subject to the control of the President,] may,
by a written notice, require the owner, or the person incharge, of any private
market  or  slaughter-house,  to  cause—

(a) the  whole  or  any  portion  of  the  floor  of  the  market  place  or
slaughter-house  to  be  raised  or  paved  with  dressed  stone  or  other
suitable  material;

(b) such drains to be made in or from the market-building, market-
place  or slaughter-house, of such material, size and description, at such
level and with such outfall, as to the Council may appear necessary;

(c) a  supply  of  water  to  be  provided  for  keeping  such  market-
building,  market-place  or  slaughter-house  in  a  clean  and  wholesome
state;

(d) any shop, stall, shed, standing or other structure, in any private
market  to  be  altered  or  improved,  in  such  manner  as  the  Council  may
consider  necessary;

(e) any  privy,  water-closet  or  urinal  or  any  other  sanitary
arrangement to be constructed or made at such site and in such manner
as the Council may deem  necessary and expedient; and

(f) any  other  measures  to  be  taken  which  in  its  opinion  are

necessary  in the  interest  of  public health  or  sanitation.

271.

(1) The  Council  may—

(a) define or determine the limits of any private market or declare
what  portions  of  such  market  shall  be  made  part  of  the  existing
approaches, streets, passages and ways to and in such market; and

(b) after hearing the owner or the person incharge of such market,

by  written  notice,  require  such  owner  or  person  to—

(i) lay out, construct, alter, clear ,  widen, pave, drain and light,
to  the  satisfaction  of  the  Council  such  approaches,  streets,  passages
and ways to or in such market;

(ii) provide  such  conveniences  for  the  use  of  persons  resorting

to such  market; and

(iii) provided  adequate  ventilation  and  lighting  of  the  market-

building,  or  any  portion  thereof  including  shops  and  stalls,

as the Council may think fit.

1 These words were substituted for the words “ The Council” by Mah. 4 of 1974, s. 33.

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and Industrial Townships Act, 1965

[1965 : Mah. XL

Levy of
stallages,
rents and
fees.

(2) The Council may, by written notice, require such owner or occupier to
maintain in proper order the approaches, streets, passages and ways to and
in  such  market  and  such  other  conveniences  as  are  provided  for  the  use  of
persons  resorting  thereto.

272.

(1) The  Council  may—

(a) charge such stallages, rents or fees as may from time to time be

fixed by it in this behalf—

(i) for the  occupation or  use of  any stall,  shop, stand,  shed, pen

or space  in a  municipal market  or municipal  slaughter-house;

(ii) for the right to expose articles for sale in a municipal market;

(iii) for    the  use  of  machines,  weights,  scales  and  measures

provided for any municipal market ; and

(iv) for the right to slaughter animals in any municipal slaughter-
house  and  for  the  feeding  and  watering  of  such  animals  before  they
are ready for slaughter ; or

(b) put  up  to  public  auction  or  dispose  of  by  private  sale,  the
privilege of occupying or using any stall, shop, stand, shed, pen or space
in  municipal  market  or  municipal slaughter-house  for  such  period  and
on such conditions as it may think fit.

(2) The  Chief  Officer  shall  issue  to  every  person  authorised  to  occupy
or use any stall, shop, stand, shed, pen or space or to expose any articles for
sale  in  a    municipal  market  or  to  slaughter  animals  in  a  municipal
slaughter-house, under sub-section (1), a licence granted in accordance with
the provisions of the by-laws made in this behalf.

(3) Any  person  who,  without  a  licence  from  the  Chief  Officer  under
sub-section  (2),  shall  occupy  any  stall,  shop,  stand,  shed,  pen  or  space  in  a
municipal  market  or  sell  or  expose  for  sale  any  article  in  a  municipal
market  or  use  a  municipal  slaughter-house,  shall,    on  conviction,  be
punished  with  fine  which  may  extend  to 1[five  hundred  rupees].

(4) It  shall  be  lawful  for  the  Chief  Officer  or  any  officer  incharge  of
a  municipal  market  or  a  slaughter-house  to  expel  from  the  market  or
slaughter-house  any  person—

(i) occupying  any  stall,  shop,  stand,  shed,  pen  or  space  in  such
market  or  slaughter-house  or  exposing  for  sale  therein  any  articles
without a licence from the Council ; or

(ii) using  or  attempting  to  use  any  municipal  slaughter-house

without  a licence  ;

1 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 38.

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Maharashtra Municipal Councils, Nagar Panchayats
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195

(iii) contravening  any  by-laws  pertaining  to  such  markets  or

slaughter-houses  ;

(iv) suffering  from  any  infectious  or  contagious  disease  ;

(v) creating  disturbance  in  such  market  or  slaughter-house.

(1)

273.

It  shall  be  lawful  for  the  Council  to  lease  by  public  auction
or  by  inviting  tenders  or  by  private  contract  the  collecting  of  any  stallages,
rents or fees which may be imposed under sub-section (1) of the last preceding
section  after  obtaining  adequate  security  from  the  lessee  for  the  due
fulfilment  of  the  conditions  of  the  lease.

Farming of
markets
and
slaughter-
house rents.

(2) Any person to whom the right to collect stallages, rents or fees has
been so leased shall have the power to expel from the market or slaughter-
house  any  person  occupying  any  stall,  shop,  stand,  shed,  pen  or  space  or
exposing any goods for sale in the market or using or attempting to use any
such  slaughter-house, without  payment  of the  stallage,  rent or  fee.

(2)  Other  occupations  and  trades.

274.

(1) No person shall use or permit to be used any premises in the

municipal area —

(a) as an eating house, tea or coffee shop, restaurant, dining saloon,

refreshment room  or for  a like  purpose ;  or

(b) for the preparation or sale for the purposes of trade of any article

Control on
preparation of
food, eating
houses, hotels,
lodging
houses, etc.

of human food or drink ; or

(c) as a hotel or a lodging house,

except under and in accordance with the conditions of a licence granted

under the provisions  of the by-laws made in this behalf.

(2) The Chief Officer may enter and inspect any premises used for any
of the purposes specified in sub-section (1) and may inspect any goods, vessels
or implements  or other articles  used for such  purposes and may  by written
notice  require  the  owner  or  the  person  in  charge  of  such  premises  to  take
such  reasonable  measures  as  may  be  specified  in  the  notice  for  the  cleanly
conduct  of  such  business  or  may  require  the  use  of  the  premises  for  such
purpose  to  be  discontinued.

(3) Whoever  uses  or  permits  the  use  of  any  premises  in  contravention
of  the  provisions  of  sub-section  (1),  or  whoever  refuses  to  comply  with  any
notice issued by the Chief Officer under sub-section (2), shall, on conviction,
be  punished  with  fine  which  may  extend  to 1[five  thousand  rupees]  and  in
the  case  of  continuing  offence  with  further  fine  which  may  extend  to 2[five
hundred  rupees]  for  every  day  after  the  first  during  which  such  offence
continues.

1 These words were substituted for the words “ five hundred rupees” by Mah. 1 of 2011,

s. 39 (1).

2 These words were substituted for the words “ fifty rupees” by Mah. 1 of 2011, s. 39 (2) .

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

[1965 : Mah. XL

Control on
dairies and
business in
milk, milk-
products
and sweet-
meats.

Control of
stables.

No separate
licence
necessary if
one is ob-
tained under
Prevention of
Food Adul-
teration Act.

275.

(1) No  person  shall—

(a) carry  on  the  trade  or  business  of  a  dealer  in,  or  importer  or

seller  of,  sweet-meats,  milk,  butter  or  other  milk-products  ;  or

(b) use or permit to be used for the purposes of trade, any premises
for  storing  or  selling  milk  or  for  making,  storing  or  selling  butter  or
other  milk-products  or  sweet-meats,
except  under  and  in  accordance  with  conditions  of  a  licence  granted

under the provisions of the by-laws made in this behalf.

(2) The Chief Officer may enter and inspect any premises used for any
of the purposes specified in sub-section (1) and may inspect any goods, vessels
or  implements  or  other  articles  used  for  such  purpose  and  may  by  written
notice  require  the  owner  or  the  person  in  charge  of  such  premises  to  take
such  reasonable  measures  as  may  be  specified  in  the  notice  for  the  cleanly
conduct  of  such  business  or  may  require  the  use  of  the  premises  for  such
purpose  to  be  discontinued.

(3) Whoever  uses  or  permits  the  use  of  any  premises  in  contravention
of  the  provisions  of  sub-section  (1),  or  whoever  refuses  to  comply  with  any
notice issued by the Chief Officer under sub-section (2), shall, or conviction,
be  punished  with  fine  which  may  extend  to 1[five  thousand  rupees]  and  in
the  case  of  continuing  offence  with  further  fine  which  may  extend  to 2[five
hundred  rupees]  for  every  day  after  the  first  during  which  such  offence
continues.

276.

(1) No  person shall  use any  premises in  the municipal  area—

(a) as a stable for milch cattle ; or
(b) for  the  stallage  or  keeping  of  horses,  camels,  donkeys  and

animals other than milch cattle and animals intended for human food,
except  under  and  in  accordance  with  a  licence  granted  under  the

provisions of the by-laws made in this behalf.

(2) The Chief Officer may enter and inspect any premises used for any
of the purposes specified in sub-section (1) and may inspect any animals kept on
such premises or any vessels or implements used on such premises and may by
written notice require the owner or the person incharge of each premises to
take such reasonable measures as may be specified in the notice for the proper
ventilation,  sanitation  or  drainage  of  such  premises,  or  for  the  proper  supply
of water to the animals kept on such premises or may require the use of such
psemises  for  such  purpose  to  be  discontinued.

(3) Whoever  uses  or  permits  the  use  of  any  premises  in  contravention
of  the  provisions  of  sub-section  (1),  or  whoever  refuses  to  comply  with  any
notice issued by the Chief Officer under sub-section (2), shall, on conviction,
be  punished  with  fine  which  may  extend  to 3[five  thousand  rupees]  and  in
the  case  of  continuing  offence  with  further  fine  which  may  extend  to 4[five
hundred  rupees]  for  every  day  after  the  first  during  which  such  offence
continues.

277. Notwithstanding  anything  contained  in  sections  274  and  275,
no  licence  shall  be  required  under  the  said  sections  for  the  use  of  any
premises  for  any  purpose  or  for  carrying  on  any  trade  specified  therein,  in
respect of which a licence has been obtained under the *Prevention of Food
Adulteration  Act,  1954.

1 These words  were substituted for the words “five hundred rupees” by Mah. 1 of 2011,

s. 40 (1).

2 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 40 (2).
3 These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011, s. 41 (1).
4 These words were substituted for the words “fifty  rupees” by Mah. 1 of 2011, s. 41 (2).
* Now see the Food Safety and Standards Act, 2006 (34 of 2006).

XXXVII
of
1954.

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Maharashtra Municipal Councils, Nagar Panchayats
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197

278.

(1) No  person  shall,  without  a  licence  granted  in  accordance
with  the  by-laws  made  in  this  behalf,  establish  or  materially  alter,  enlarge
or  extend  or  permit  the  establishment,  material  alteration,  enlargement  or
extension  of  any  factory,  workshop  or  place  of  business  in  which  it  is
intended  to  employ  steam,  electricity,  water  or  other  mechanical  power.

Factory, etc.,
not to be
established
without
licence.

(2) The Council may after giving the applicant a reasonable opportunity of
being heard and  recording the reasons refused  to grant a licence if it is of the
opinion  that  the  establishment,  alteration,  enlargement  or  extension  of  such
factory, workshop or place of business would be objectionable by reason of the
density  of  the  population  in  the  neighbourhood  thereof,  or  would  be  a
nuisance  or danger  to  the  inhabitants of  the  neighbourhood.

(3) Whoever  establishes,  alters,  enlarges  or  extends  or  permits  the
establishment,  material  alteration,  enlargement  or  extension  of  any  such
factory, workshop or place of business without a licence or in contravention
of any conditions subject to which the licence may have been granted shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 1[ten  thousand
rupees,  and  in  the  case  of  continuing  offence  with  further  fine  which  may
extend  to  one  thousand  rupees    for  every  day  after  the  first  during  which
such  contravention  continues.]

V of
1923.

 LXIII
of
1948.

Explanation.—Nothing in this section or section 280 shall be deemed to
affect  any  provision  of  the  Indian  Boilers  Act,  1923,  or  authorise  any  order
relating  to  the  fixing  or  fencing  of  any  engine,  mill-gearing,  hoist  or  other
machinery in any factory to which the provisions of the Factories Act, 1948,
are  applicable.

279.

(1) No  person  shall  use  or  employ  in  any  factory  or  any  other
premises  any  whistle  or  trumpet  operated  by  steam  or  mechanical  means
for the purpose of summoning or dismissing workmen or persons employed,
except  under  and  in  accordance  with  the  conditions  of  a  licence  granted
under the provisions of the by-laws made in this behalf.

Prohibition of
use of steam
whistles, etc.

(2) Whoever uses or employees any such whistle or trumpet as aforesaid
in  contravention  of  any  provision  of  sub-section  (1)  shall,  on  conviction,  be
punished  with  fine  which  may  extend  to 2[five  hundred  rupees]  and  in  the
case  of  continuing  offence  with  further  fine  which  may  extend  to 3[fifty
rupees]  for  every  day  after  the  first  during  which  such  offence  continues.

280.

(1) No  person  shall  use  any  premises  in  the  municipal  area  for
any  of  the  purposes  specified  in  Schedule  VII  except  under  and  in
accordance  with  the  conditions  of  a  licence  granted  under  the  provisions  of
the by-laws made in this behalf.

(2) The Chief Officer may enter and inspect any premises used for any
of  the  purposes  specified  in  sub-section  (1)  and  may  inspect  any  goods,
vessels  or  implements  or  other  articles  used  for  such  purpose  and  may  by
written notice require the owner or the person in charge of such premises to
take such  reasonable  measures  as  may  be  specified  in  the  notice  for  the
prevention  of  any  nuisance  or  danger  therefrom  or  may  require  the  use  of
the  premises  for  such  purpose  to  be  discontinued.

1 These words were substituted for the words “one thousand rupees” by Mah. 1 of 2011, s. 42.
2 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 43 (1).
3 These words were substituted for the words “five  rupees” by Mah. 1 of 2011, s. 43. (2).

Certain other
trade and
occupations
not to be
carried on
without
licence.

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(3) Whoever  uses  or  permits  the  use  of  any  premises  in  contravention

of  the  provisions  of  sub-section  (1),  or  whoever  refuses  to  comply  with  any

notice  issued  under  sub-section  (2)  shall,  on  conviction,  be  punished  with

fine which may extend to 1[five thousand rupees] and in the case of continuing

offence  with  further  fine  which  may  extend  to 2[five  hunderd  rupees]  for

every  day  after  the  first  during  which  such  offence  continues.

 Certain
articles not to
be kept
without
licence.

281.

(1) No  person  shall  keep  or  allow  to  be  kept  in  or  upon  any

premises  any  article  specified  in  Schedule  VIII,  except  under  and  in

accordance  with  the  conditions  of  a  licence  granted  under  the  provisions  of

the by-laws made in this behalf.

(2) No person shall, except under and in accordance with the conditions

of a licence granted under the provisions of the by-laws made in this behalf,

keep  or  allow  to  be  kept—

(a) any of the articles specified in Part I of Schedule IX in or upon

any  premises  in  quantities  exceeding  at  any  one  time  the  respective

maximum  quantities  specified  opposite  such  articles  ;  or

(b) any of the articles specified in Part II of the said Schedule in or

upon any premises for sale or for purposes other than domestic use.

(3) Whoever keeps in or upon any premises any article in contravention

of  the  provisions  of  sub-section  (1)  or  (2),  or  in  contravention  of  any

conditions  subject  to  which  a  licence  may  have  been  granted,  shall,  on

conviction,  be  punished  with  fine  which  may  extend  to 3[two  thousand

rupees]  and  in  the  case  of  continuing  offence  with  further  fine  which  may

extend  to 4[two  hundred  rupees]  for  every  day  after  the  first  during  which

such  offence  continues.

(4) The Chief Officer may at any time enter upon any premises and may

seize any article   kept in contravention of the provisions of sub-section (1) or

(2) or in contravention of any conditions subject to which a licence may have

been granted under  sub-section (1)  or sub-section  (2).

1 These words  were  substituted for  the  words  “five hundred rupees” by Mah. 1 of 2011.

s 44 (1).

2 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 44 (2).
3 These words were substituted for the words “two hundred rupees” by Mah. 1 of 2011, s. 45 (1).
4 These words were substituted for the words “twenty  rupees” by Mah. 1 of 2011, s. 45 (2).

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CHAPTER XXI.

CATTLE-POUNDS AND OTHER PROVISIONS RELATING TO ANIMALS.

(1)  Cattle-pounds.

I of
1871.

282. The  provisions  of  the  Cattle-trespass  Act,  1871  (hereinafter  in
this  section referred  to  as “the  said Act”)  shall  cease to  apply  in relation  to
every municipal area to which this Act applies :

Provided  that—

(a) nothing in this section shall affect the liability of any person to

any penalty under the said Act so ceasing to be in force ;

(b) any  appointment,  notification,  order,  rule  made  or  issued  or
deemed to be made or issued under the said Act in respect of any cattle-
pounds within  the  limits  of  any  municipal  area  shall,  so  far  as  it  is  not
inconsistent  with  the  provisions  of  this  Act,  be  deemed  to  have  been
made  or  issued under this Act, and continue in force until superseded by
any appointment,  notification,  order or  rule  made  under this  Act  ;

(c) any  cattle-pound  in  the  local  area  established  or  deemed  to  be
established under the said Act so ceasing to be in force shall be deemed
to be vested in the Council within whose limits it is situated and shall
be  maintained  and  managed  by  the  Council  in  accordance  with  the
provisions  in  this  Act.

Cattle-
trespass  Act
to cease to
apply to
municipal
areas.

283.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time
being in force, every  Council within the limits of its  jurisdiction shall, from
time  to  time,  appoint  such  places  as  it  thinks  fit  to  be  public  pounds,  and
may appoint  suitable person to  be keepers of  such pounds.

(2) Every  pound-keeper  so  appointed,  shall,  in  the  performance  of  his

duties,  be  subject to  the  direction  and  control of  the  Council.

Power to
establish
cattle-pounds
and appoint
pound-
keepers.

284.

(1) Every pound-keeper shall  maintain such registers and prepare
such  returns  as  the  State  Government  may  from  time  to  time  by  rules
prescribe.

Duties of
pound-
keepers.

(2) When  cattle  are  brought  to  a  pound,  the  pound-keeper  shall  enter

in  his  register—

(a) the number and description of the animals ;

(b) the day and hour on and at which they were so brought ;

(c) the name and residence of the seizer ; and

(d) the name and residence of the owner, if known ;

and shall give the seizer or his agent a copy of the entry.

(3) The  pound-keeper  shall  take  charge  of,  feed  and  water,  the  cattle

until  they  are  disposed  of  as  hereinafter  provided.

285.

(1) It shall be the duty of every police officer and it shall be lawful
for  any  municipal  officer  or  servant  authorised  by  the  Chief  Officer  in  this
behalf  to  seize  and  take  to  any  public  pound  for  confinement  therein,  any
cattle found straying in any street or trespassing upon any private or public
property  within  the  Municipal  area.

Impounding
cattle.

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(2) It shall be lawful for any person who is the owner or who is in charge
of any private or public property to seize and take to any such public pound
for confinement therein, any cattle trespassing upon such property or causing
damage  thereto.

(3) Whoever  forcibly opposes  the  seizure  of  cattle  liable  to  be seized  under
this section, and whoever rescues the same after seizure, either from a pound
or  from  any  person  taking  or  about  to  take  them  to  a  pound,  shall,  on
conviction, be punished with imprisonment for a term which may extend to
six  months,  or  with  fine  which  may  extend  to 1[five  thousand  rupees],  or
with  both.

Delivery of
cattle claimed.

286.

If the owner of cattle which are impounded under the last preceding
section or his agent appears and claims such cattle, the pound-keeper shall
deliver them to him on payment of the pound-fees and expenses chargeable
in respect of such cattle under section 289.

Security in
respect of
impounded
cattle.

287. (1) Every  pound-keeper  shall,  before  releasing  any  impounded
cattle,  require  the  owner  of  the  impounded  cattle  or  his  agent  to  make,  in
the form prescribed by rules, a declaration regarding the ownership of such
cattle and to deposit by way of security such sum as the State  Government
may,  by  rules,  prescribe.  Different  scales  may  be  prescribed  for  different
areas  or  different  classes  of  cattle.

(2) If any cattle belonging to such owner are impounded within a period of
six  months  from  the  date  on  which  the  security  is  deposited,  and  if  the
seizure  is  not  adjudges  illegal,  the  amount  of  deposit  or  a  part  thereof,  as
may  be  prescribed  by  rules,  shall  stand  forfeited  to  the  Council.
If  cattle
are not impounded as aforesaid, the amount of security deposit shall, on an
application made by or on behalf of the depositor, be refunded to him on the
expiry  of  that  period.

Sale of cattle
not claimed.

288.

(1) If  within  ten  days  after  any  cattle  has  been  impounded,  no
person  appearing  to  be  the  owner  of  such  cattle  claims  the  cattle  under
section 286, such cattle shall be forthwith sold by auction.

(2) If  within  the  period  specified  in  sub-section  (1),  the  owner  or  his
agent  claims  the  cattle  but  refuses  or  fails  to  pay  the  pound-fee  and  the
expenses chargeable under the next succeeding section, the cattle or as many
of them as may be necessary, shall be sold by auction :

Provided  that,  if  the  cattle  is  not  sold  at  auction  under  sub-section  (1)
or (2) it shall be disposed of in such other manner as the State Government
may  by  rules  prescribe.

(3) The  State  Government  may  frame  rules  prescribing  the  manner  in

which auction under sub-section (1) or (2) may be held.

1 These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011, s. 46.

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(4) The surplus  remaining after  deducting the  pound-fee and  expenses
aforesaid  from  the  proceeds  of  the  sale,  shall  be  paid  to  any  person  who
within  fifteen  days  after  the  sale,  proves  to  the  satisfaction  of  the  Chief
Officer,  that  he  was  the  owner  of  such  cattle  and  shall  in  any  other  case,
form part of the municipal fund.

(5) No  police  officer,  or  Councillor  or  officer  or  servant  of  the  Council,
including the pound-keeper, shall, directly or indirectly purchase any cattle
at a sale under sub-section (1) or (2).

289.

(1) The pound-fee chargeable shall be such as the State Government

may, from time to time, by rules prescribe for each kind of cattle.

(2) The expenses chargeable shall be at such rates for each day during
any part of which any cattle is impounded, as the Council may by by-laws fix.

290.

(1) Any person whose cattle have been seized under this Chapter
or having been so seized, have been detained in contravention thereof, may,
at any time, within ten days from the date of the seizure, make a complaint
to a Magistrate of the First Class.

Pound-fees
and expenses
chargeable to
be fixed.

Complaints  of
illegal seizure
or detention.

(2) The complaint shall be made by the complainant in person, or by an
If  the  Magistrate  on
agent  personally  aquainted  with  the  circumstances.
examining  the  complainant  or  his  agent  has  reason  to  belive  that  the
complaint is well founded, he shall summon the person complained against,
and make an inquiry into the case.

(3) If the seizure or detention be adjudged illegal, the Magistrate shall
award  to  the    complainant  for  the  loss  caused  by  the  seizure  or  detention
reasonable  compensation  not  exceeding  one  hundred  rupees  to  be  paid  by
the  person  who  made  the  seizure  or  detained  the  cattle,  together  with  all
fees paid and expenses incurred by the complainant in procuring the release
of the cattle, and if the cattle have not been released, the Magistrate shall,
besides  awarding  such  compensation,  order  their  release  and  direct  that
the fees and expenses leviable under this Chapter, shall be paid by the person
who  made  the  seizure  or  detained  the  cattle.

(4) The compensation, fees and expenses mentioned in this section, may

be  recovered as  if they  were  fines imposed  by the  Magistrate.

(2) Other  provisions  relating  to  animals.

291.

(1) Whoever,  within  a  municipal  area,  allows  any  cattle  which
are  his  property  or  in  his  charge  to  stray  in  any  street  or  to  trespass  upon
any  private  or  public  property  shall,  on  conviction,  be  punished—

(i) for the first offence, with fine which may extend to 1[three thousand

rupees];

(ii) for a second or subsequent offence, with imprisonment for a term
which  may  extend  to  six  months,  or  with  fine  which  may  extend  to
2[five  thousand  rupees]  or  with  both.

Penalty for
allowing
cattle to
stray in
street or to
trespass
upon private
or public
property.

1 These  words  were  substituted  for  the  words  “three  hundred  rupees”  by  Mah.  1  of  2011,

s. 47 (1) (a).

2 These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011, s. 47 (1) (b).

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[1965 : Mah. XL

(2) The Magistrate trying the offence under sub-section (1), may order,—

(a) that  the  accused  shall  pay  such  compensation  not  exceeding
1[two  thousand  and  five  hundred  rupees]  as  the    Magistrate  considers
reasonable,  to  any  person  for  any  damage  proved  to  have  been  caused
to his property or to the produce of land, by the cattle under the control
of the accused, trespassing on his land; and also,

(b) that the cattle in respect of which an offence has been committed

shall  be  forfeited  to  the  State  Government.

(3) Any compensation awarded under sub-section (2) may be recovered

as if it were a fine imposed under this section.

(4) An  offence  under  this  section  shall  be  cognizable.

Tethering
cattle, etc.

292. Whoever tethers cattle or other animals, or causes or suffers them
to be tethered by any member of his family or household, in any public street
to place so as to obstruct or endanger the public traffic therein, or to cause a
nuisance,  or    who  causes  or  suffers  such  animals  to  stray  about  without  a
keeper,  shall  on  conviction,  be  punished—

(a) for a first offence, with fine which may extend to 2[one thousand

rupees];

(b) for a second or subsequent offence, with fine which may extend

to 3[two  thousand  and  five  hundred  rupees].

Provision as to
dogs.

293.

(1) A  Council  may  by  public  notice  require  that  every  dog  while
in  the  street  and  not  being  led  by  some  person  shall  be  muzzled  in  such  a
way  as  to  allow  the  dog  freely  to  breathe  and  to  drink,  while  effectually
preventing  it  from  biting.

(2) When  a  notice  under  sub-section (1)  has  been  issued,  the  Chief
Officer  may  take  possession  of  any dog  found  wandering  unmuzzled  in  any
public  street  or  place  and  may  either  detain  such  dog  until  its  owner  has
claimed it, has provided a proper muzzle for it, and has paid all the expenses
of its detention or may, subject to the provisions of sub-sections (3) and (4),
cause  it  to  be  sold  or  destroyed.

(3) When a dog which has been detained under sub-section (2) is wearing
a  collar  with  the  owner’s  name  and  address  thereon,  or  a  number  ticket  or
any  other  mark  by  which  the  owner  of  the  dog  can  be  identified,  such  dog
shall  not  be  destroyed  until  a  letter  stating  the  fact  that  it  has  been  so
detained  has  been  sent  to  the  said  address  and  the  dog  has  remained
unclaimed  for  three  clear  days.

1 These words were substituted for the words “two hundred and fifty rupees” by Mah. 1 of

2011, s. 47 (2).

2 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 48 (1).

3 These words were substituted for the words “two hundred and fifty rupees” by Mah. 1 of

2011, s. 48 (2).

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(4) Any dog which is not claimed within the period specified in sub-section
(3), or any dog the owner of which refuses to pay all the expenses of detention,
may be sold or destroyed by the Chief Officer after having been detained for
the period  of three  days specified  in sub-section (3)  :

Provided that, any dog which is found to be rabid may be destroyed at

any time.

(5) The Chief Officer may at any time destroy, or cause to be destroyed,
or  confine  or  cause  to  be  confined,  for  such  period  as  he  may  consider
necessary,  any  dog    or  other  animal  suffering  from  rabies  or  reasonably
suspected  to  be  suffering  from  rabies  or  bitten  by  any  dog  or  other  animal
suffering  or  suspected  as  aforesaid.

(6) All  expenses  incurred  by  the  Chief  Officer  under  this  section  may
be recovered from the owner of any dog which has been taken possession of
or detained in the same manner as an amount due on account of a property
tax.

(7) No  damages  shall  be  payable  in  respect  of  any  dog  destroyed  or

otherwise  disposed  of  under  this  section.

294.

(1) If it shall appear to any Council at any time that nuisance or
annoyance  is  caused  to  the  public  by  keeping  of  pigs  within  the  municipal
area  or  any  part  thereof,  the  Council  may  direct  by  public  notice  that  no
person  shall,  without  the  written  permission  of  the  Chief  Officer,  or
otherwise  than  in  conformity  with  the  terms  of  such  permission,  keep  any
pigs in  the municipal area  or any specified  part thereof.

(2) Whoever after such direction keeps any pigs in any place within the
municipal area of specified part thereof without the permission required as
aforesaid,  or  otherewise  than  in  accordance  with  the  terms      thereof,  shall,
on  conviction,  be  punished  with  fine  which  may  extend  to 1[five  hundred
rupees].

(3) Any  pigs  found  straying  may  be  forthwith  destroyed  and  carcass
thereof  disposed  of  as  the  Chief  Officer  shall  direct.    No  claim  shall  lie  for
compensation  for  any  pigs  so  destroyed.

Provision as to
keeping of pigs.

295.

(1) No person shall feed or cause or permit to be feed any animal
which  is  kept  for  dairy  purposes  or  is  intended  for  human  food  on
excrementitious  matter,  stable  refuse,  filth  or  other  offensive  matter.

Feeding
animals
on filth
prohibited.

(2) Whoever contravenes any provision of sub-section (1) shall, on conviction,

 be punished with fine which may extend to 2[one thousand rupees].

1 These words were substituted for the words “fifty rupees” by Mah. 1 of 2011, s. 49.

2 These words were substituted for the words “one hundred rupees” by Mah. 1 of 2011, s. 50.

H 4109—28

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CHAPTER    XXII.

PROSECUTION, SUITS AND POWERS OF POLICE.

Provision as
respects
institution,
compounding,
etc., of
criminal
actions.

296.

(1) 1[Subject  to  the  control  of  President,  the  Chief  Officer  may
take  or  cause  to  be  taken  proceedings]  against  any  person  who  is  charged
with—

(a) any  offence  against  this  Act  or  any  rules  or  by-laws  made

thereunder;

(b) any  offence  which  affects  or  is  likely  to  affect  any  property  or

interest of  the Council or the  due administration of this  Act; or

(c) committing  any  nuisance  whatever  :

Provided that, the Chief Officer shall not, 2[except with the sanction of
the President,] direct a prosecution or order proceedings to be taken for the
punishment  of  any  person  offending  against  the  provisions  of  the  following
sections  or  sub-sections,  namely  :—

(i) sub-section (7) of section 176 read with sub-sections (8) and (9)

of section 189;

(ii) sub-section (6) of section 183;

(iii) sub-section (5) of section 249.

(2) No  prosecution  for  any  offence  under  this  Act  or  the  rules  or  by-
laws  made  thereunder,  shall  be  instituted,  except  within  six  months  next
after the date of the commission of the offence, or if such date is not known
or the offence is a continuing one within six months after the commission or
discovery  of  such  offence.

(3) Any prosecution under this Act or the rules or by-laws made there-
under  may,  save  as  therein  otherwise  provided,  be  instituted  before  any
Magistrate; and every fine or penalty imposed under or by virtue of this Act
or any rule or by-law, and any compensation, expenses, charges or damages
for the recovery of which no special provision is otherwise made in this Act,
may be recovered on application to any Magistrate, by the distress and sale
of any movable property within the limits of his jurisdiction belonging to the
person from whom the money is claimable.

(4) Notwithstanding  anything  contained  in  section  248  of  the  *Code  of
Criminal  Procedure,  1898,  no  Magistrate  shall  permit  withdrawal  of  a
complaint under that section  in respect of an offence punishable under this
Act  or  the  rules  and  by-laws    made  thereunder,  unless  the  Magistrate  is
satisfied that although the complaint was made in good faith it was based on
incorrect  facts  or  insufficient  information.

V of
1898.

(5) Notwithstanding  anything  contained  in  the  *Code  of  Criminal
Procedure,  1898,  all  offences  punishable  under  this  Act  or  the  rules  or  by-
laws made thereunder may be compounded by 3[the President], but only with

V of
1898.

1 These words were substituted for the words “Subject to the general control of the Council, the

Chief Officer may take proceedings” by Mah. 4 of 1974, s. 34(a)(i).

2 These words were substituted for the words “except with the previous approval of

the Council,” by Mah. 4 of 1974, s.34 (a) (ii).

3 These words were substituted for the words “the Chief Officer” by Mah. 4 of 1974, s. 34 (b).
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

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205

the permission of the Court before which any prosecution for such offence is
pending,  or  when  the accused  has  been  committed  for  trial or  when  he  has
been convicted and an appeal is pending, with the leave of the Court to which
he  is  committed,  or,  as  the  case  may  be,  before  which  the  appeal  is  to  be
heard.

(6) 1[The  President],  shall  before  compounding  any  offence  under  the
last  preceding  sub-section  obtain  the  approval  of  the  Standing  Committee,
and the Standing Committee shall not accord its approval unless the accused
pays by way of composition of the offence such sum as may be determined by
it. 2[Such sum shall not be less than one-half of the maximum amount of fine
prescribed  for  the  offence  and  if  the  fine  prescribed  therefor  is  unlimited  it
shall not be less than 3[five thousand rupees.]

(7) The composition of an offence under this section shall have the effect
of an acquittal of the accused with which the offence has been compounded.

(8) The  expenses of all prosecutions or proceedings shall be paid out of

the  municipal  fund.

297. No distress levied or attachment made by virtue of this Act shall
be  deemed  unlawful  nor  shall  any  party  making  the  same  be  deemed  at
tresspasser,  on  account  of  any  defect  or  want  of  form  in  any  summons,
conviction or warrant of distrees or attachment or other proceeding relating
thereto, nor shall such party be deemed a tresspasser ab initio on  account of
any irregularity afterwards committed  by him; but all persons aggrieved by
such irregularity may recover full satisfaction for the special damage in any
court  of  competent  jurisdiction.

298.

If  through  any  act,  neglect  or  defualt,  on  account  whereof  any
person  shall  have  incurred  any  penalty  imposed  by  or  under  this  Act,  any
damage  to  the  property  of  a  Council  shall  have  been  committed  by  such
person, he shall be liable to make good such damage as well as to pay such
penalty  and  the  amount  of  damage  shall,  in  case  of  dispute,  be  determined
by  the  Magistrate  by  whom  the  person  incurring  such  penalty  is  convicted;
and on non-payment of such damage on demand the same shall be levied by
distress,  and such  Magistrate  shall  issue his  warrant  accordingly.

299. Whoever—

(a) does  or  omits  to  do  any  act  in  contravention  of  any  provisions

of this Act, or the rules or by-laws made thereunder ; or

(b) disobeys  or  fails  to  comply  with  any  lawful  direction  given  by
any  written  notice  or  order  issued  by  or  on  behalf  of  a  Council  under
any power  conferred by  or under  this Act;  or

1 These words were substituted for the words “The Chief Officer” by Mah. 4 of 1974, s. 34 (c) (i).

2 These words were substituted for the portion begining with “Such sum shall not be”

and ending with the words “twenty-five rupees” by Mah. 18 of 1993, s. 28.

3 These words were substituted for the words “five hundred rupees” by Mah. 1 of 2011, s. 51.

Distress
lawful
though
defective in
form.

Damage to
municipal
property
how made
good.

General
penalty.

H 4109—28a

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and Industrial Townships Act, 1965

[1965 : Mah. XL

Minimum
penalty for
offences
under this
Act.

Offences
under section
189 to be
cognizable
and bailable.

Power to
institute,
defend
suits, etc.

(c) fails  to  comply  with  the  conditions  subject  to  which  any
permission or licence was given to him by or on behalf of a Council under
any power  conferred by  or under  this Act;  or

(d) when  lawfully  called  upon  by  the  Chief  Officer  or  any  officer
duly  authorised  to  supply  an  information  in  his  possession  which  may
be required for the purpose of this Act or of any rules or by-laws made
thereunder,  fails  to  supply  such  information  or  wilfully  supplies  false
information,
shall,  if  no  other  penalty  is  provided  for  the  offence,  on  conviction,  be
punished with fine which may extend to 1[one thousand rupees], and in the
case  of  continuing  offence  with  further  fine  which  may  extend  to 2[one
hundred rupees] for every day after the first during which such contravention
continues  :

Provided that, when a notice or order fixes a time within which a certain
act is to be done, and no time is specified by or under this Act, it shall rest
with the Magistrate to determine whether the time so fixed was reasonable
time.

300.

In  every  case  in  which  a  person  is  convicted  for  an  offence
punishable  by  or  under  this  Act  and  the Court  considers  that  he  should  be
sentenced with fine only, then in the absence of special and adequate reasons
to the contrary to be mentioned in the judgement of the Court, the fine to be
imposed on him shall not be less than one-fourth of the maximum amount of
fine prescribed for that offence, and if the fine prescribed for that offence is
unlimited, shall not be less than 3[two thousand and five hundred rupees].
4[300A. The offences under sub-sections (9) and (13) of section 189 shall

be cognizable and bailable.]

301.

(1) Subject  to  the  general  control  of  the  Council,  the  Chief  Officer

may—

(a) institute  and  prosecute  any  suit  or  other  proceeding  for  any
claim or demand on behalf of the Council or for any injury to any property,
rights  or  privileges  of  the  Council;

(b) withdraw  from  or  compromise  or  compound  any  suit  or  any
claim  or  demand  which  has  been  instituted  or  made  on  behalf  of  the
Council;

(c) institute,  withdraw  from  or  compromise  or  compound  any  suit
or  proceeding  for  the  recovery  of  expenses  or  compensation  claimed  to
be due to the Council ;

(d) defend,  admit  or  compromise  or  compound  any  appeal  against

a rateable value 5[or a capital value, as the case may be,] or tax;

(e) defend  any  suit  or  other  legal  proceedings  brought  against  the
Council or any municipal officer or servant in respect of anything done
or  omitted  to  be  done  by  them,  respectively,  in  their  official  capacity;

(f) admit or compromise any claim , suit or legal proceeding brought
against  the  Council  or  any  municipal  officer  or  servant,  in  respect  of
anything done or omitted to be done as aforesaid :

1 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  1  of  2011,

s. 52 (1).

2 These words were substituted for the words “ten rupees” by Mah. 1 of 2011, s. 52 (2).
3 These words were substituted for the words “two hundred and fifty rupees” by Mah. 1 of

2011, s. 53.

4 Section 300A was inserted by Mah. 2 of 2012, s. 27.
5 These words were inserted by Mah. 10 of 2010, s. 108.

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

207

Provided  that  —

(i) if any sanction in the making of any contract is required by this
Act, the like sanction shall be obtained for compounding or compromising
any claim or demand arising out of such contract;

(ii) if any  such suit is  in respect of land  leased or sold  under sub-
section (3) of section 173, or in respect of any immoveable property sold
or  leased  for  a  term  exceeding  three  years  or  otherwise  transferred,  it
shall not be lawful for the Council to compound or compromise in respect
of  the  suit  except  with  the  previous  sanction  of  the  Director.

(2) A Council may make compensation out of the municipal fund to any
person sustaining any damage by reason of the exercise of any of the powers
vested  in  it, its  committees,  officers  or  servants under  this  Act.

(3) The  expenses  of  any  civil  proceedings  prosecuted  or  defended  on

behalf of the Council shall be payable from the municipal fund.

XLV
of
1860.

49
of
1988.

2
of
1974.

49
of
1988.

1[301A. Save as otherwise provided in this Act, any notice issued, order
passed  or  direction  issued  under  sub-section  (8)  of  section  189  by  the  Chief
Officer or, as the case may be, the officer nominated under sub-section (13)
of section 189, shall not be questioned in any suit or other legal proceedings.]

Bar of jurisdic-
tion.

302.

2[1]  Every  Councillor  and  every  officer  or  servant  of  a  Council,
every  contractor  or  agent  appointed  by  it  for  the  collection  of  any  tax  and
every person employed by such contractor or agent for the collection of such
tax, shall be deemed to a public servant within the meaning of section 21 of
the  Indian  Penal  Code.

Councillors,
officers,
servants,
etc., to be
public
servants.

2[(2) Every  Councillor  shall  be  deemed  to  be  a  public  servant  within
the  meaning  of  clause  (c)  of  section  2  of  the  Prevention  of  Corruption  Act,
1988.]

3[302A. Notwithstanding anything contained in section 197 of the Code
of Criminal Procedure, 1973 and section 19 of the Prevention of Corruption
Act, 1988, in case of Councillor, the State Government shall be competent to
accord previous sanction as required under the said sections 197 and 19.]

303. No  suit  shall  lie  in  respect  of  anything  in  good  faith  done  or
intended to be done under this Act, against 4[the Collector, the Director, the
Regional  Director  or  any  other  officer  of  the  State  Government  or]  any
Council or against any committee constituted under this Act, or against any
officer  or  servant  of  a  Council  or  against  any  person  acting  under  and  in
accordance  with  the  directions  of  any  such  Council,  committee,  officer  or
servant or of a Magistrate.

304.

(1) No  suit  shall  lie  against  a  Council  or  against  any  committee
constituted  under this  Act, or  against any  officer or  servant of  a Council  in
respect  of  any  act  done  in  pursuance  or  executing  or  intended  execution  of
this  Act,  or  in  respect  of  any  alleged  neglect  or  default  in  the  execution  of
this  Act—

1 Section 301A was inserted by Mah.2 of 2012, s.28.
2 Section  302  was  renumbered  as  sub-section  (1)  of  that  section  and  sub-section  (2)  was

added by Mah. 34 of 2014, s. 8.

3 Section 302A was inserted by Mah. 34 of 2014, s. 9.
4 These words were inserted by Mah. 2 of 2002, s.51.

Power of
State
Government
to accord
previous
sanction.

Bar  of  suits
against  Coun-
cil, its officers,
servants,  etc.
for  acts  done
in good faith.

Limitation  of
suits  against
Council, 
its
c o m m i t t e e s ,
officers  and
servants,  for
acts  done  in
pursuance  or
execution  of
this Act.

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[1965 : Mah. XL

(a) unless it is commenced within six months next after the accrual

of the cause of action ; and

(b) until  the  expiration  of  one  month  after  notice  in  writing  has

been,  in  the  case  of  a  Council or  its  committee,  delivered  or  left  at  the

municipal  office  and,  in  the  case  of  an  officer  or  servant  of  a  Council

delivered to him or left at his office or place of above; and all such notices

shall  state  with  reasonable  particularity,  the  causes  of  action  and  the

name and place of abode of the intending plaintiff and of his advocate,

pleader or agent, if any, for the purpose of the suit.

(2) At the trial of any such suit,—

(a) the plaintiff shall not be permitted to adduce evidence relating

to any cause of action save such as is set forth in the notice delivered or

left by him as aforsaid ;

(b) if  the  suit  be  for  damages  and  if  tender  of  sufficient  amends

shall have been made before the action was brought, the plaintiff shall

not  recover  more  than  the  amount  so  tendered  and  shall  pay  all  costs

incurred  by  the  defendant  after  such  tender.

(3) If the defendant in any such suit is an officer or servant of a Council,

payment of any sum or part thereof payable by him in or in consequence of

the suit may, with the sanction of the Council, be made from the municipal

fund.

(4) Nothing in clauses (a) and (b) of sub-section (1) shall apply to any

suit under section 38 of the Specific Relief Act, 1963 or under sub-section

(1) or (2) of section 96 of this Act.

XLVII of
1963.

Powers of
police officers.

305.

(1) Any  police  officer  may  arrest  any  person  committing  in  his

view any offence against any of the provisions of this Act or of any rule or of

any  by-law  made  thereunder,  if  the  name  and  address  of  such  person  is

unknown to him, and if such person declines to give his name and address or

if the police officer has reason to doubt the accuracy of such name and address

if  given  ;  and  such  person  may  be  detained  at  the  station  house  until  his

name  and  address  have  been  correctly  ascertained  :

Provided  that,  no  person  arrested  shall  be  detained  without  the  order

of  a  Magistrate  longer  than  shall  be  necessary  for  producing  him  before  a

Magistrate,  or  than  twenty-four  hours  of  his  arrest,  whichever  is  longer.

(2) It  shall  also  be  the  duty  of  all  police  officers  to  give  immediate

information  to  the  Council  of  the  commission  of  any  offence  againt  the

provisions of this Act or of any rule or by-law made thereunder and to assist

all municipal officers and servants in the exercise of their lawful authority.

1965 : Mah. XL]

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

209

CHAPTER    XXIII.

CONTROL.

306. The  Director,  the  Collector,  or  any  officer  of  the  Government
authorised  by  the  State  Government,  the  Director  or  the  Collector  shall
severally  have  power—

Powers of
inspection
and supervi-
sion.

Power to call
for returns
and reports.

Power to
suspend
execution of
orders and
resolution  of
Council on
certain
grounds.

(a) to  enter  on  and  inspect,  or  cause  to  be  entered  on  and  inspected
any  immoveable  property  occupied  by  or  movable  property  belonging  to
any    Council  or  any  institution  under  its  control  or  management  or  any
work  in  progress  under  it  or  under  its  direction;

(b) to  call  for  or  inspect  any  extract  from  any  Council’s  or  its
committee’s proceeding and any book or document in the possession of or
under the control  of the Council or any  of its committees.

307. The  Director  or  the  Collector  shall  have  power–

(a) to call for any return, statement, account or report which he may

think fit to require any Council to furnish;

(b) to require the Council to take into its consideration any objection
which appears to him to exist to the doing of anything which is about to be
done  or  is  being  done  by  or  on  behalf  of  such  Council  or  any  information
which  he  is  able  to  furnish  and  which  appears  to  him  to  necessitate  the
doing of a certain thing by the Council, and to make a written reply to him
within a reasonable time stating its reasons for not desisting from doing,
or for not doing, such thing.

308.

(1)  If,  in  the  opinion  of  the  Collector,  the  execution  of  any  order
or resolution of a Council, or the doing of any thing which is about to be done
or is being done by or on behalf of a Council, is causing or is likely to cause
injury or annoyance to the public or is against public interest or to lead to a
breach  of  the  peace  or  is  unlawful,  he  may  by  order  in  writing  under  his
signature  suspend  the  execution  or  prohibit  the  doing  thereof.

(2) When the Collector makes any order under his signature, he shall
forward  to  the  Council  affected  thereby  a  copy  of  the  order,  indicating
therein the reasons for making it and also submit a report to the Director,
along with a copy of such order.

(3) Within 1[thirty days] from the receipt of such order of the Collector,
the  Council  shall,  if  it  so  desires,  forward  a  statement  to  the  Director
indicating    therein  why  the  order  of  the  Collector  should  be  rescinded,
revised or modified. If no such statement is received by the Director within
time,  the  Director  shall  presume  that  the  Council  has  no  objection  if  the
order  of  the  Collector  is  confirmed.

(4) On  receipt  of  such  report  from  the  Collector  and  the  Council’s
statement referred to in sub–section (3), if any, the Director may 2[within
a  period  of  six  months,  from  the  receipt  of  such  report  or  within  such
period  beyond  six  months  as  may,  on  the  request  of  the  Director,  be
extended  by  the  State  Government,]  rescind  the  order  or  may  revise  or
modify or confirm the order or direct that the order shall continue to be in
force  with  or  without  modifications:

1 These words were substituted for the words “twenty days” by Mah. 18 of 1993, s. 29(a).
2 These words were inserted by Mah. 18 of 1993, s. 29 (b).

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[1965 : Mah. XL

Provided  that,  the  Director  shall  take  into  account  the  statement  of

Council, if received, before such an order is made by him.

Extra-
ordinary
powers of
execution  of
certain works
in case of
emergency.

309.

(1) In  case  of  emergency,  the  Collector  may  provide  for  the
execution  of  any  work,  or  the  doing  of  any  act,  which  may  be  executed  or
done  by  or  on  behalf  of  a  Council  and  the  immediate  execution  or  doing  of
which is, in his opinion, necessary for the health or safety of the public; and
may  direct  that  the  reasonable  remuneration  to  the  person  appointed  to
execute or to do it, shall forthwith be paid by the Council.

(2) If the expense and remuneration are not so paid, the Collector may
make  on  order  directing  any  person,  who  for  the  time  being  has  custody  of
any  moneys  on  behalf  of  the  Council  as  its  officer,  treasurer,  banker  or
otherwise,  to  pay  such  expense  and  remuneration  from  such  moneys  as  he
may  have  in  his  hands  or  may  from  time  to  time  receive,  and  such  person
shall be bound to obey such order. Every payment made pursuant to such
order  shall  be  a  sufficient  discharge  to  such  person  from  all  liability  to  the
Council in respect  of any sum or sums so  paid by him out of  the moneys of
the  Council  held  or  received  by  him.

(3) The  provisions  of  sub-sections  (2),  (3)  and  (4)  of  the  last  preceding
section shall apply, so far as may be, to any order made under this section.

Power of
Director to
prevent
extravagance
in the
employment
of establish-
ment.

310.

If  in  the  opinion  of  the  Director  the  number  of  persons  who  are
employed  by  a  Council  as  officers  or  servants,  or  whom  a  Council  proposes
to  employ  or  the  remuneration  assigned  by  the  Council  to  those  persons  or
to any particular person is excessive, the Council shall, on the requirement
of the Director, reduce the number of the said persons or the remuneration
of the said person or persons :

Provided that, the Council may appeal against any such requirement to

the  State  Government,  whose  decision  shall  be  conclusive.

Inquiry into
municipal
matters by
State Govern-
ment.

311.

(1) The  State  Government  may  order  an  inquiry  to  be  held  by
any  officer  appointed  by  it  in  this  behalf  into  any  matters  concerning  the
municipal administration of any Council or any matters with respect to which
sanction,  approval  or  consent  of  the  State  Government  is  required  under
this  Act.

(2) The  officer  holding  such  inquiry  shall  for  the  purpose  thereof  have
the  powers  which  are  vested  in  a  Court  under  the  Code  of  Civil  Procedure,
1908, in respect of the following matters :—

V of
1908.

(a) discovery  and  inspection,

(b) enforcing  the  attendance  of  witnesses,  and  requiring  the

deposits  of  their  expenses,

(c) compelling  the  production  of  documents,

(d) examination  of  witnesses  on  oath,

(e) granting  adjournments,

(f) reception  of  evidence  on  affidavit,  and

(g) issuing  commissions  for  the  examination  of  witnesses,

and  may  summon  and  examine suo  motu  any  person  whose  evidence
appears to him to be material; and shall be deemed to be a Civil Court within
the  meaning  of  sections  480  and  482  of  the  *Code  of  Criminal  Procedure,
1898.

V of
1898.

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

1965 : Mah. XL]

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

211

Explanation.—For the purpose of enforcing the attendance of witnesses
the local limits of such officer’s jurisdiction shall be the limits of the State.
(3) The  reasonable  expenses  incurred  by  any  person  in  attending  to
give evidence may be allowed by the officer holding the inquiry to such person
and shall be deemed to be part of the costs.

(4) Costs  shall  be  in  the  discretion  of  the  State  Government  and  the
State Government shall have full power to determine by and to whom and to
what extent such costs are to be paid and such costs shall be recoverable as
an arrear of land revenue.

312.

(1) When  the  Director  is  informed,  on  a  complaint  made  or
otherwise that default has been made in the performance of any duty  imposed
on a Council by or under this Act or by or under any enactment for the time
being  in  force,  the    Director,  if  satisfied  after  due  inquiry,  that  the  alleged
default has been made, may by order fix a period for the preformance of that
duty  and  communicate  such order  to  the  Council.

Power of
Director
to enforce
performance
of duties.

(2) If the duty is not performed within the period so fixed the Director
may appoint some person to perform it, and may direct that the expense of
performing  it,  with  a  reasonable  remuneration  to  the  person  appointed  to
perform it, shall be forthwith paid by the Council.

(3) If  the expense  and  remuneration are  not so  paid,  the Director  may
make  an  order  directing  the  bank  in  which  any  moneys  of  the  Council  are
deposited  or  the  person  in  charge  of  the  local  Government  Treasury  or  of
any other place of security in which the moneys of the Council are deposited
to  pay  such  expense  and  remuneration  from  such  moneys  as  may  be
standing to the credit of the Council in such bank or may be in the hands of
such  person  or  as  may,  from  time  to  time,  be  received  from  or  on  behalf  of
the  Council  by  way  of  deposit  by  such  bank  or  person,  and  such  bank  or
person  shall  be  bound  to  obey  such  order. Every  payment  made  pursuant
to such order shall be a sufficient discharge to such bank or person from all
liability to the Council in respect of any sum or sums so paid by it or him out
of the moneys of the Council so deposited with such bank or person.

1[312A. Notwithstanding  anything  contained  in  this  Act,  the  State
Government  may  issue  to  the  Council  general  instructions  as  to  matters  of
policy  to  be  followed  by  the  Council  in  respect  of  its  duties  and  functions,
and in  particular it may  issue directions in the  larger public interest  or for
implementation  of  the  policies  of  the  Central  Government  or  the  State
Government  and  the  National  or  the  State  level  programs,  projects  and
schemes.  Upon  the  issue  of  such  instructions  or  directions,  it  shall  be  the
duty  of  the  Council  to  give  effect  to  such  instructions  or  directions:

Provided  that,  the  State  Government  shall,  before  issuing  any
instructions  or  directions  under  this  section,  give  an  opportunity  to  the
Council  to  make  representation  within  fifteen  days  as  to  why  such
instructions or directions shall not be issued. If the Council fails to represent
within  fifteen  days  or,  after  having  represented,  the  State  Government,  on
considering  the  representation,  is  of  the  opinion  that  issuing  of  such
instructions or directions is necessary, the State Government may issue the
same].

Power of
State Govern-
ment to issue
instructions
or directions.

313.

(1) If,  in  the  opinion  of  the  State  Government,—

(a) a  Council  is  not  competent  to  perform  duties  imposed  upon  it

by or under this Act or any other law for the time being in force, or

2[Power to
dissolve a
Council.]

1 Section 312A was inserted by Mah. 9 of 2011, s. 9.
2 This marginal note was substituted by Mah. 41 of 1994, s. 153 (c).

H 4109—29

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[1965 : Mah. XL

(b) presistently  makes  default  in  the  performance  of  such  duties,
or  in  complying  with  the  lawful  directions  and  orders  issued  by  the
Collector,  the  Director,  the  State  Government  or  any  other  authority
empowered  under  law  to  issue  such  directions  or  orders  to  a  Council,
or

1[(bb) a Council  has made a default  in the performance of  its duty

under clause (s-1a) of sub-section (2) of section 49, or]

(c) exceeds  or  abuses  its  powers,  or

(d) a situation has arisen in which the administration of the Council
cannot be  carried out in  accordance with the  provisions of this  Act, or

(e) the  financial position  and the  credit  of the  Council is  seriously
threatened, 2[the  State  Government  may,  after  giving  the  Council  a
reasonable  opportunity  of  being  heard  by  an  order  published  in  the
Official  Gazette,  stating  the  reasons  therefor,  dissolve  the  Council.]

3[(2) If more than half the total number of seats in a Council have become
vacant, the State Government may, by order in the Official Gazette, dissolve
such Council :

Provided  that,  before  dissolving  any  such  Council,  a  reasonable

opportunity of being heard shall be given to such Council.]

314 4

315 5

*

*

*

*

*

*

*

*

Conseque-
nces of
dissolution.

6  [316.  When  the  Council  is  dissolved  under 7  *

*  section  313
or  under  the  proviso  to  article  243-ZF  of  the  Constitution  of  India,  the
following  consequences  shall  ensue,  namely  :—

(a) all  Councillors  of  the  Council  shall,  as  from  the  date 8[specified  in
the  order  of  dissolution,  or  from  the  date]  on  which  the  Council  stands
dissolved  under  the  proviso  to  article  243-ZF,  vacate  their  offices  as  such
Councillors  ;

(b) all the powers and functions vesting in or excerciable by the Council,
the  President,  the  Vice-President,  the  various  committees,  the  Councillors
and  the Chief  Officer under  this  Act or  any other  law  for the  time being  in
force shall vest in and be exercisable by such Government Officer or Officers
as the State Government from time to time appoints in this behalf and such
Officer or Officers shall receive such remuneration from the municipal fund
as the State Government may, from time to time, determine ;

(c) the  Chief  Officer  shall  be  subordinate  to  such  Officer  or  Officers
appointed under clause (b), who shall determine which powers and duties of
a  Chief Officer  may be  execised and  performed by  the Chief  Officer of  such
Council;

1 Clause (bb) was inserted by Mah. 67 of 1981, s. 4.
2 This  portion  was  substituted  for  the  portion  begining  with  the  words  “  the  Govern-
ment may” and ending with the words “from time to time determine”, by Mah. 41 of 1994,
s. 153(a).

3 Sub-section (2) was added by Mah. 11 of 1996, s. 14.
4 Section 314 was deleted by Mah. 41 of 1994, s. 154.
5 Section 315 was deleted by Mah. 41 of 1994, s. 155.
6 Section 316 was substituted, by Mah. 41 of 1994, s. 156.
7 The words, brackets and figure “sub -section (1) of” were deleted by Mah. 15 of 2012, s. 20.
8 These words were inserted by Mah.5 of 1995, s. 11.

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213

(d)  all  property  vested  in  the  Council  shall,  during  the  period  of

dissolution,  vest  in  the  State  Government.].

1[317. When a Council is dissolved under section 313, general elections
shall  be  held  to  constitute  the  Council  on  such  date  as  may  be  specified  by
the  State  Election  Commissioner:

Re-constitu-
tion of Council
after dissolu-
tion.

Revisional
powers of
State Govern-
ment.

State
Government’s
powers to
enforce its
orders.

Powers of
review.

Provided  that,  an  election  to  constitute  the  Council  shall  be  completed
before  the  expiration  of  a  period  of  six  months  from  the  date  of  dissolution
of  the  Council.]

318.

The  State  Government  may,  at  any  time,  for  the  purpose  of
satisfying itself  as to the  legality or propriety  of any  order passed by,  or as
to  the  regularity  of  the  proceedings  of,  any  Council  or  of  any  officer
subordinate  to  such  Council  or  the  State  Government,  acting  in  exercise  of
any power conferred on it or him by or under this Act, call for and examine
the record of any case pending before or disposed of by such Council or officer
and may pass such order in reference thereto as it thinks fit:

Provided  that,  no  order  shall  be  varied  or  reversed  unless  notice  has

been given to the parties interested to appear and be heard :

Provided further that, no such order shall be passed in any case in which

an  appeal  is  provided  and  has been  preferred  or  has  been  decided:

Provided  also  that,  no  such  record  shall  be  called  by  the  State
Government  after  one  year  from  the  date  of  passing  of  the  order  by  the
Council  or  the  officer  concerned.

319.

In  all  matters  connected  with  this  Act,  if  a  Council  makes
default in carrying  out any order made  by the State Government  or by any
authority  other  than  the  Council  in exercise  of  any  of  the  powers  conferred
on it by this Act or any rule or by-law made thereunder, the State Government
shall have all the powers necessary for the enforcement of such order at the
cost  of  the  Council.

320.

The  State  Government  may,  either  on  its  own  motion  or  on
the application of any party interested, review any order passed by itself or
any  sanction  or  approval  given  under  this  Act,  and  the  Director  or  the
Collector may, similarly, review an order passed by himself or any sanction
or  approval  given  by  him  under  this  Act,  and  pass  such  order  in  reference
thereto as it or he thinks fit:

Provided  that,—

(i)  no  order  shall  be  varied  or  reversed  or  no  sanction  or  approval
reviewed  unless  notice  has  been  given  to  the  parties  interested  to  appear
and be heard;

(ii) no order from which an appeal has been made, or which is the subject
of any revision proceedings, shall so long as such appeal or proceedings are
pending,  be  reviewed  ;

(iii)  no  order  affecting  any  question  of  right  between  private  persons
shall  be  reviewed,  except  on  the  application  of  a  party  to  the  proceedings
and  no  application  for  the  review  of  such  order  shall  be  entertained  unless
it is made within ninety days from the passing of the order.

1 Section 317 was substituted by Mah. 41 of 1994, s. 157.

H 4109—29a

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[1965 : Mah. XL

CHAPTER  XXIV.

RULES AND BY-LAWS.

Power of
Government
to make rules.

321. (1) The power to make all rules under this Act shall be exercisable

by the State Government by notification in the Official Gazette.

(2) Without  prejudice  to  any  power to  make  rules  contained  elsewhere
in this Act, the State Government may make rules consistent with this Act
generally to  carry out  the purposes  of this  Act:

1[Provided  that  no  rules  in  respect  of  any  matter  relating  to  the
preparation  of  electoral  rolls  and  conduct of  election  shall  be  made  without
consultation  with  the  State  Election  Commissioner].

2  [Provided  further  that,  if  the  State  Government  is  satisfied  that
circumstances  exist  which  render  it  necessary  to  take  immediate  action,  it
may  dispense  with  the  requirement  of  previous  publication  of  the  rules  to
be  made  under  this  section,  for  the  purposes  of  conduct  of  election,  under
this  Act.]

(3) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous  publication.

(4) Every rule made under this Act, shall be laid as soon as may be after
it  is  made  before  each  House  of  the  State  Legislature  while  it  is  in  session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is
so  laid  or  the  session  immediately  following,  both  Houses  agree  in  making
any modification in the rule or both Houses agree that the rule should not be
made,  and  notify  such  decision  in  the Official  Gazette,  the  rule  shall  from
the date of publication of such notification have effect only in such modified
form  or  be  of  no  effect,  as  the  case  may  be,  so  however  that  any  such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything  previously  done  or  omitted  to  be  done  under  that  rule.

Power of
Council to
make by-
laws.

322. (1)  The  power  to  make  all  by-laws  under  this  Act  shall  be
exercisable by each Council, subject to the previous sanction of the Collector
or  the  State  Government  as  hereinafter  provided.

(2) Without prejudice to any power to make by-laws contained elsewhere
in  this  Act,  a  Council  may  make  by-laws  consistent  with  this  Act  and  the
rules  made  thereunder  for  the  administration  of  its  affairs  and  for  the
guidance  of  its  Committees,  officers  and  servants.

(3) (a)  The  Council,  whenever  it  desires  to  make  by-laws  under  this
Act,  shall  by  a  resolution  at  a  special  meeting  approve  a  draft  of  such  by-
laws.

1 This proviso was added by Mah. 41 of 1994, s. 158.
2 This proviso was added by Mah. 8 of 2002, s.20.

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215

1[(b)  After  any  such  resolution  is  passed,  the  Council  shall  display  the
draft  of  the  bye-laws  on  its  notice  board  and  publish  a  notice  in  a  local
newspaper informing the inhabitants of the municipal area about the subject
matter  of  the  draft  bye-laws  so  displayed  and  inviting  their  objections  and
suggestions  in  respect  of  the  said  draft  within  a  reasonable  period  to  be
specified  in  such  notice].

(c) The  Council  at  a  special  meeting  shall  then  consider  the  objections
and suggestions received, if any, and shall by a resolution approve the final
draft of the by-laws.

(d) Within  seven  days  of  the  passing  of  such  resolution,  the  Council

shall send such final  draft to the Collector.

(e) The  Collector  shall  examine  the  final  draft  of  the  by-laws  sent  to

him under clause (d) and may—

(i)  refuse  to  sanction  them  or  return  them  to  the  Council  if  in  his

opinion,—

(A) the by-laws are inconsistent with this Act or the rules made
thereunder  and  the  inconsistency  cannot  be  removed  except  by
materially altering the by-laws  ; or

(B) objection, if any, to the by-laws has not been duly considered

by the Council; or

(C) there is any new objection to the by-laws ; or

(D) the  rates  of  taxes  or  fees  proposed  in  the  by-laws  are

inadequate ; or

(ii)  sanction  them,  with  or  without  such  modifications  as  he

considers  necessary.

The  Collector  shall  publish  the  by-laws  as  sanctioned  by  him  in  the
Official Gazette, and the by-laws so published shall take effect from the date
of their publication in the Official Gazette or such other subsequent date as
may be mentioned therein  ;

(f) Notwithstanding anything contained in clause (e), if the by-laws sent
by  any  Council  under  clause  (d)  relate  to  imposition,  abolition,  remission,
alteration  or  regulation  of  any  tax,  the  Collector  shall  forward  them  to  the
State  Government  for  sanction  and  thereupon  the  provisions  of  clause  (e)
shall apply as if for the word " Collector " in the said clause the words " State
Government"  had  been  substituted.

(4) If it appears to the State Government that an amendment of any of
the  by-laws  of  a  Council  is  necessary  or  desirable  in  the  interests  of  the

1 Clause (b) was substituted by Mah. 45 of 1975, s. 14.

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[1965 : Mah. XL

general  public  or  because  they  are  inconsistent  with  any  provisions  of  this

Act or the rules made thereunder, the State Government may, after consulting

the  Council,  by  notification  in  the Official  Gazette,  amend  or  cancel  any  of

the by-laws, and on the issue of such notification the by-laws shall be deemed

to  have  been  duly  amended  or  cancelled,  as  the  case  may  be,  accordingly,

without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to

be  done.

Power to
make and
enforce
acceptance of
model by-
laws.

323.

(1)  The State Government may make model by-laws on all or any

of the matters in respect of which a Council is empowered to make by-laws

and publish them in Official Gazette, for the guidance of the Councils.

(2) If a Council has already made by-laws on a matter for which model

by-laws are made by the State Government, the Council may adopt the model

by-laws with such minimum changes as the peculiar local circumstances may

warrant.

(3) If at any time it appears to the Director that the by-laws made by a

Council on any matters are inadequate to regulate such matters, and model

by-laws  have  been  made  by  the  State  Government  for  such  matters,  the

Director  may  by  an  order  in  this  behalf  require  the  Council  to  adopt  such

model  by-laws  modified  to  suit  local  conditions.

(4) The Council shall comply with the orders of the Director under sub-

section (3) above within two months of the date of such order.

(5) If  the  Council  fails  to  comply  with  the  orders  of  the  Director,  the

Director  may,  by  notification  in  the Official  Gazette,  apply  such  model  by-

laws  with  such  modification  to  suit  local  conditions  as  he  thinks  necessary

to that Council in supersession of any by-laws which the Council may have

made already on those matters. In that event, the model by-laws so applied

shall be deemed to have been duly made by the Council.

(6)  If  the  model  by-laws  made  by  the  State  Government  relate  to  the

imposition,  abolition,  remission,  alteration  or  regulation  of  any  tax,  the

provisions  of  sub-sections  (3),  (4)  and  (5)  shall  apply  as  if  for  the  word

" Director  "  therein  the  words  "  State  Government"  had  been  substituted.

324. Every Council shall keep at its head office copies of this Act and
of the rules and by-laws made thereunder and in force in the municipal area,

in  English,  and  in  Marathi,  open  to  inspection  to  the  inhabitants  of  that

area,  free  of  charge,  during  office  hours.  The  Council  may  also  arrange  for

the sale  of copies of  these books.

Copies of Act,
rules and by-
laws to be
made avail-
able at
Council’s
office for
public
inspection
and for sale.

1965 : Mah. XL]

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217

CHAPTER    XXV.

SERVICE OF NOTICES, EXECUTION OF WORKS ON DEFAULT AND COMPENSATION.

325.

(1) When any notice is required by or under this Act to be served

upon, issued or presented to, any person, such service, issue or presentation

shall, in  all cases  not otherwise  provided for  in this  Act, be  effected—

Service of
notices, etc.,
addressed
to indivi-
duals.

(a) by  giving  or  tendering  the  notice  to  the  person  to  whom  it  is

addressed  ;  or

(b) if  such  person  is  not  found,  by  giving  or  tendering  it  to  some

adult  member  or  servant  of  his  family  found  at  his  usual  place  of

residence or at his last known place of abode ;

(c) if  none  of  the  means  aforesaid  be  available,  or  if  the  person  to

whom such notice is given or tendered refuses to accept it then by causing

the  notice  to  be  affixed  on  some  conspicuous  part  of  the  building  or

land, if any, to which the notice relates.

(2) When any notice under this Act is required or permitted by or under

this  Act  to  be  served  upon,  issued  or  presented  to,  an  owner  or  occupier  of

any building or land,—

(i) it shall not be necessary to name the owner or occupier in such

notice,

(ii) if there be more owners or occupiers than one, such notice may

be served upon or issued or presented to any one of them.

(3) Whenever  it  is  provided  by  or  under  this  Act,  that  any  notice  may

be served upon, issued or presented to, the owner or occupier of any land or

building, and the owner and occupier are different persons, such notice shall

be  served  upon,  issued  or  presented  to,  the  one  of  them  primarily  liable  to

comply with such notice, and in case of doubt, to both of them :

Provided that, in any such case, if there is no owner resident within the

municipal area, the delivery of such notice to the occupier shall be sufficient.

(4) The provisions of sub-sections (1), (2) and (3) shall mutatis mutandis

apply  to  any  bill,  requisition,  order  or  summons  or  such  other  document  to

be  served,  issued or  presented  by  or under  this  Act.

(5) Notwithstanding  anything  contained  in  sub-section  (1),  in  the  case

of ‘A’ or ‘B’ Class Councils, a bill for any municipal tax may be served upon

the person liable therefor by sending it by post with a pre-paid letter under

a certificate of posting, addressed to such person at his last known place of

abode or place of business in the municipal area, and every bill so sent shall
be deemed to have been served on the day following the day on which such

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and Industrial Townships Act, 1965

[1965 : Mah. XL

letter was posted, and, in proving such service, it shall be sufficient to prove
that  the  letter  was  properly  addressed  and  posted  under  a  certificate  of
posting.

Publication
of public
and general
notices.

326.

(1) Every  general  or  public  notice  which  by  or  under  this  Act,  a
Council  or  any  municipal  authority  or  officer  is  required  or  empowered  to
publish shall, in addition to any other procedure for its publication laid down
by or under this Act, be published by putting up such notice on the municipal
notice  board.

(2) Such a general or public notice may also be published in addition in

any of the following manners :—

(a) by  putting  up  such  notice  at  such  prominent  places  within

the  municipal  area  or  if  such  notice  pertains  to  any  locality  in  the

municipal area only then such prominent places within that locality as

the Council may from time to time select ;

(b) by publishing such notice in such newspapers circulating within

the municipal area as the Council may from time to time approve ;

1[(b-i) by  any  other  mode,  including  electronic  media  as  the  Chief

Officer may think fit; or]

(c) by beat of drum or any other customary mode of publicity within

the  municipal  area.

(3) If, by or under this Act, the notice is required to be published in the

manner specified in clause (b) of sub-section (2), and if in the opinion of the

authority publishing such notice it is not practicable to publish the full text

of the notice having regard to the cost of such publication, it shall be deemed

to be sufficient compliance with clause (b) of sub-section (2) if such notice is

placed on the municipal notice board and if a gist of such notice is published

in  newspapers  approved  under  clause  (b)  of  sub-section  (2),  together  with

an  announcement  that  the  full  text  of  the  notice  has  been  placed  on  the

municipal  notice  board.

(4) The provisions of this section shall apply to any proclamation, order

or other instrument which the Council or any municipal authority or officer

is required or empowered to publish for general information of the residents

of the municipal area.

327. Where  any  notice,  order  or  requisition  under  this  Act  requires
any  act  to  be  done  for  which  no  time  is  fixed  by  or  under  this  Act,  such

requisition shall fix a reasonable time for doing the same.

1 Clause (b-i) was inserted by Mah. 10 of 2010, s. 109.

Reasonable
time to be
fixed when no
time fixed
under the Act
for any
requisition.

1965 : Mah. XL]

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

328.

(1) Where by or under this Act, any person is required to execute
any work or do anything and default is made in the execution of such work
or  the  doing  of    such  thing,  the  Council,  whether  any  penalty  is  or  is  not
provided  for  such  default,  may  cause  such  work  to  be  executed;  and  the
expenses thereby incurred shall, unless otherwise expressly provided in this
Act, be paid to the Council by the person by whom such work ought to have
been  executed,  and shall  be  recoverable  in  the  same  manner  as  an  amount
claimed on account of a property tax, either in one sum or by instalments, as
the Council may deem fit :

219

Council in
default of
owner or
occupier may
execute works
and recover
expenses.

Provided  that—

(a) except as otherwise provided by or under this Act, a notice shall
be  issued  to  such  person  requiring  him  to  execute  such  work  or  to  do
such thing ;

(b) where  any  drainage  scheme  or  water  works  scheme  has  been
commenced  by  any  Council,  it  shall  be  lawful  for  the  Council,  without
prejudice to its powers under section 202 or any other provision of this
Act, to make a special agreement with the owner of any building or land
as  to  the  manner  in  which  the  drainage  or    water-connection  thereof
shall be carried out, and the pecuniary or other assistance, if any, which
the  Council  shall  render;  and  any  payment  agreed  upon  by  the  owner
shall  be  recovered  in  accordance  with  the  terms  of  such  agreement  or
in default, in the manner described in sub-sections (2) and (3);

(c) where an order or requisition has been passed under sub-section
(1)  of  section  175,  section  183,  sub-section  (4)  or  (12)  of  section  189,  or
under section 200, 202, 207 or 208 or where permission has been given
under  section  204  or  where  an    arrangement  has  been  made  under
proviso  (b)  of  this  sub-section,  the  Council  may,  without  prejudice  to
any  other  powers  under  this  Act,  if  it  thinks  fit,  declare  any  expenses
incurred by the Council in the execution of such order or in the carrying
out  of  such  requisition,  permission  or  arrangement  to  be  improvement
expenses.  Improvement  expenses  shall  be  a  charge  upon  the  premises
or land, and shall be levied in such instalments as the Council may decide,
including interest at the rate of seven  and a half per cent. per annum,
and  shall  be  recoverable  in  the  manner  described  in  sub-sections (2)
and (3).

(2)  If  the  defaulter  be  the  owner  of  any  building  or  land  in  respect  of
which  he  is  required  to  execute  any work  or  do  anything,  the  Council  may,
by way of additional remedy, whether a suit or proceeding has been brought
or taken against such owner or not, require, subject to the provisions of sub-
section  (3),  the  payment  of  all  or  any  part  of  the  expenses  payable  by  the
owner for the time being from the person who then, or any time thereafter,
occupies  the  building  or  land  under  such  owner;  and  in  default  of  payment
thereof  by  such  occupier  on  demand,  the  same  may  be  levied  from  such

H 4109—30

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Maharashtra Municipal Councils, Nagar Panchayats
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[1965 : Mah. XL

occupier,  and  every  amount  so  leviable  shall  be  recoverable  in  the  same
manner  as  an  amount  claimed  on  account  of  any  property  tax  ;  every  such
occupier  shall  be  entitled  to  deduct  from  the  rent  payable  by  him  to  his
landlord so much as has been so paid by or recovered from such occupier in
respect  of  any  such  expenses.

(3) No occupier of any building or land shall be liable to pay more money
in  respect  of  any  expenses  charged  by  this  Act  on  the  owner  thereof,  then
the amount of rent which is due from such occupier for the building or land
in  respect  of  which  such  expenses  are  payable,  at  the  time  of  the  demand
made  upon  him,  or  which  at  any  time  after  such  demand  and  notice  not  to
pay rent to the land-lord has accrued and become payable by such occupier,
unless he neglects or refuses, upon application made to him for that purpose
by  the  Council,  truly  to  disclose  the  amount  of  his  rent,  and  the  name  and
the  address  of  the  person  to  whom  such  rent  is  payable,  but  the  burden  of
proof that the  sum demanded of any  such occupier is greater  than the rent
which  was  due  by  him  at  the  time  of  such  demand,  or  which  has  since
accrued,  shall  be  upon  such  occupier:

Provided  that,  nothing  herein  contained  shall  be  taken  to  affect  any
special  contract  made  between  any  such  occupier  and  the  owner  respecting
the payment of any such expenses as aforesaid.

329.

If the occupier of any building or land prevents the owner thereof
from  carrying  into  effect  in  respect  of  such  building  or  land,  any  of  the
provisions  of  this  Act,  after  notice  of  his  intention  so  to  carry  them  into
effect has been given by the owner to such occupier, any Executive Magistrate
upon  proof  thereof,  and  upon  application  of  the  owner,  may  make  an  order
in  writing  requiring  such  occupier  to  permit  the  owner  to  execute  all  such
works, with respect to such building or land as may be necessary for carrying
into effect the provisions of this Act, and may also, if he thinks fit, order the
occupier to pay to the owner the costs relating to such application or order;
and  if,  after  the  expiration  of  eight  days  from  the  date  of  the  order  such
occupier continues to refuse to permit such owner to execute any such work,
such occupier shall, on conviction, for every day during which he so continues
to refuse, be punished with fine which may extend to fifty rupees and every
such  owner,  during  the  continuance  of  such  refusal,  shall  be
discharged  from  any  penalties  to  which  he  might  otherwise  have  become

liable by reason of his default in executing such works.

Proceedings, if
any occupier
opposes the
execution of
the Act.

Determina-
tion of
damages,
compensation,
etc.

330.

(1)  Save  as  otherwise  expressly  provided  in  this  Act,  if  an
agreement  is  not  arrived  at  with  respect  to  any  compensation  or  damages
which  are  by  this  Act,  directed  to  be  paid,  the  amount  and  if  necessary  the

apportionment  of  the  same,  shall  be  ascertained  and  determined  by  the
Council.

1965 : Mah. XL]

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

221

(2)  Any  person  who  is  aggrieved  by  the  amount  of  compensation  or
damages  determined  by  the  Council  or  the  appportionment  of  such
compensation or  damages, may, within,  one month  from the date  of receipt
by  him  of  an  intimation  about  the  compensation  or  damages  or  the
apportionment  thereof  determined  by  the  Council,  appeal  to  the  District
Court  against  the  determination  made  by  the  Council.

(3)  Any  person  who  is  aggrieved  by  the  failure  of  the  Council  to
determine  the  amount  of  compensation  or  damages  or  the  apportionment
thereof,  may  give  to  the  Council  a  notice  stating  the  circumstances  of  the
case  and  requesting  the  Council  to  determine  the  amount  of  compensation
or damages or the apportionment thereof. If the Council fails so to determine
the amount of compensation or damages or the apportionment thereof within
a  period  of  one  month  from  the  receipt  by  it  of  the  notice  aforesaid,  such
person  may  apply  to  the  District  Court  to  determine  the  amount  of
compensation  or  damages  or  the  apportionment  thereof.

(4) In  cases  in  which  the  compensation  is  claimed  in  respect  of  land,
the  District  Court  in  deciding  any  appeal  or  application  under  sub-section
(2) or (3) shall follow, as far as may be, the procedure provided by the Land
Acquisition  Act,  1894,  for  proceedings  in  matters  referred  for  the
determination  of  the  Court :

1 of
1894.

Provided  that—

(a) no application to the Collector for a reference shall be necessary ;

and

(b) the Court shall have full power to give and apportion the costs

of all proceedings in any manner it thinks fit.

(5) In  any  case  where  the  compensation  is  claimed  in  respect  of  any
land  or  building,  the  Council  may  after  the  award  has  been  made  by  the
Council or the District Court, as the case may be, take possession of the land
or  building,  after  paying  the  amount  of  compensation  determined  by  the
Council or the District Court to the  party to whom such compensation may
be payable. If such party refuses to accept such compensation, or if there is
no person competent to alienate the land or building, or if there is any dispute
as to the title to the compensation or as to the apportionment of it, the Council
shall  deposit  the  amount  of  the  compensation  in  the  District  Court.

331.

If  a  dispute  arises  with  respect  to  any  costs  or  expenses  which
are  by  this  Act,  directed  to  be  paid,  the  amount  and,  if  necessary,  the
apportionment  of  the  same,  shall,  save  where  it  is  otherwise  expressly
provided in this Act, be ascertained and determined by the Council and shall
be  recoverable  in  the  same  manner  as  an  amount  claimed  on  account  of  a
property  tax.

Costs or
expenses
how
determined
and
recovered.

H 4109—30a

222

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

[1965 : Mah. XL

Informalities
and error in
assessment,
etc., not to be
deemed to
invalidate
such assess-
ment, etc.

Entry for
purposes of
the Act.

CHAPTER  XXVI.

MISCELLANEOUS.

332.

(1)  Any  informality,  clerical  error,  omission  or  other  defect  of
form in any assessment made or in any distress levied or in any notice, bill,
summons  or  other  document  issued  under  this  Act  or  under  any  rule  or
by-law made under this Act, may at any time, as far as possible, be rectified—

(a) when  any  special  procedure  has  been  laid  down  by  or  under
this Act for the rectification of such informality, clerical error, omission
or  other  defect,  after  following  such  procedure  ;  and

(b) where  no  such  procedure  has  been  laid  down,  after  giving  an

intimation  in  writing  to  the  person  affected  by  such  rectification.

(2) No such informality, clerical error, omission or other defect shall be
deemed  to  render  the  assessment,  distress,  notice,  bill,  summons  or  other
document  invalid  or  illegal,  if  the  provisons  of  this  Act  or  of  the  rules  or
by-laws made thereunder have in substance and effect been complied with ;
but  any  person  who  sustains  any  special  damage  by  reason  of  any  such
informality, clerical error, omission or other defect shall be entitled to recover full
satisfaction  for  the  special  damage  in  any  Court  of  competent  jurisdiction.

1[(3) Where by reason of any informality, clerical error, omission or other
defect  of  form  in  any  assessment  made  under  this  Act,  the  assessment  is
held  to  be  invalid,  it  shall  be  lawful  for  the  Council  to  levy  and  collect  any
tax on the basis of any previous assessment validly made.]

333.

(1)  Subject to  the  provisions  of sub-sections  (2)  to  (4),  it  shall  be
lawful for the President, the Vice-President, the Chief Officer, or any officer
authorised  by  or  under  this  Act,  or  by  the  Chief  Officer  in  this  behalf,  to
enter  for  the  purposes  of  this  Act,  with  such  assistants  as  he  may  deem
neceesary,  into  and  upon  any  building  or  land  and  to  open  or  cause  to  be
opened  any  door,  gate  or  other  barrier—

(a) if  he  considers  the  opening  thereof  necessary  for  the  purpose

of such entry; and

(b) if  the  owner  or  occupier  is  absent  or  being  present  refuses  to

open  such  door,  gate  or  barrier.

(2) Save  as  otherwise  provided  in  this  Act  or  any  rule  or  by-law  made
thereunder  no  entry  authorised  by  or  under  this  Act,  shall  be  made  except
between the hours of sunrise and sunset.

(3) Save  as  otherwise  provided  in  this  Act  or  any  rule  or  by-law  made
thereunder,  no  land  or  building  shall  be  entered  into  or  upon  without  the
consent of the occupier or, if there be no occupier, of the owner thereof and
no  such  entry  shall  be  made  without  giving  the  said  occupier  or  owner,  as
the  case  may  be,  not  less  than  twenty-four  hours'  written  notice  of  the
intention to make such entry :

1 This sub-section was inserted by Mah. 45 of 1975, s. 15.

1965 : Mah. XL]

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

223

Chief officer
may authorise
any person to
enter upon
adjoining
premises.

Provided that,  no  such  notice  shall  be  necessary  if  the  place  to  be
inspected  is  a  factory  or  workshop  or  trade  premises  or  a  stable  for  horses
or a shed for cattle or a latrine or urinal or a work under construction, or for
the purpose of ascertaining whether any animal intended for human food is
slaughtered  in  that  place  in  contravention  of  this  Act  or  any  by-law  made
thereunder.

(4) When  any  place  used  as  a  human  dwelling  is  entered  under  this
Act, due regard shall be paid to the social and religious customs and usages
of  the  occupants  of  the  place  entered,  and  no  apartment  in  the  actual
occupancy  of  a  female  shall  be  entered  or  broken  open  until  she  has  been
informed that she is at liberty to withdraw and every reasonable facility has
been  afforded  to  her  for  withdrawing.

334.

(1)  Whenever  any  person  is  required  to  execute  any  work  by  or
under the provisions of this Act and the Chief Officer is of opinion whether
on  receipt  of  an  application  from  such  person  or  otherwise  that  the  only  or
the most convenient  means by which such  person can execute such  work is
by  entering  any  of  the  adjoining  premises  belonging  to  some  other  person,
the Chief Officer, after giving the owner or occupier of such adjoining premises
a  reasonable  opportunity  of  stating  any  objection,  may,  if  no  such  objection
is  raised  or  if  any  objection  which  is  raised  appears  to  him  invaild  or
insufficient, by an order in writing, authorise the person required to execute
the work, to enter  such adjoining premises :

Provided  that,  in  an  emergency,  the  Chief  Officer  may  authorise  any
person  to  enter  such  adjoining  premises,  without  giving  the  owner  of  such
adjoining  premises,  opportunity  to  state  his  objection,  if  any.

(2) Subject to the provisions of sub-section (3), every such order bearing
the signature of the Chief Officer shall be sufficient authority to the person
in  whose  favour  it  is  made,  or  to  any  agent  or  person  employed  by  him  for
this purpose, to enter upon the said premises with assistants and workmen,
and  to  execute  the  necessary  work.

(3) The  provisions  of  sub-sections  (2),  (3)  and  (4)  of  the  last  preceding
section,  except  the  proviso  to  sub-section  (3)  of  that  section,  shall mutatis
mutandis apply  to every  entry  made  under this  section.

(4) In making such entry or in executing such work, as little damage as
can be shall be done to the property of the owner of the adjoining premises,
and the owner or occupier of the premises for the benefit of which the work
is  done,  shall—

(i) cause the work to be executed with the least practicable delay ;

and

(ii)  pay  compensation  to  any  person  who  sustains  damage  by  the

execution  of  such  work.

If  there  is  any  dispute  as  regards  the  amount  of  compensation  to  be

paid, such amount shall be determined by the Chief Officer.

(5) If the owner or occuiper of the premises for the benefit of which the
work  is  done,  refuses  to  pay  the  compensation  payable  under  sub-section
(4), the amount of such compensation may be recovered by the Chief Officer
as an arrear of a property tax and paid to the person who sustains damage
by the execution of such work.

224

Power of Chief
Officer to call
for informa-
tion as to
ownership of
any property.

Power of
Collector to
recover record
and money.

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

[1965 : Mah. XL

335.

(1) The Chief Officer may, in order to faciliate the service, issue,
presentation  or  giving  of  any  notice, bill,  summons  or  such  other  document
upon  or  to  any  person,  by  written  notice  require  the  owner  or  occupier  of
any  immovable  property  or  of  any  portion  thereof  or  the  owner  or  person
incharge of any movable property to state in writing, within such period as
the Chief Officer may specify in the notice, the nature of his interest therein
and  the  name  and  address  of  any  other  person  having  an  interest  therein,
whether  as  freeholder,  mortgagee,  lessee  or  otherwise  so  far  as  such  name
and address are known to him.

(2) Any person required by the Chief Officer in pursuance of sub-section
(1) or any other provision of this Act to give the Chief Officer any information
shall be bound to comply with the same, and to give true information to the
best  of  his knowledge  and  belief.

336.

(1) Where on information received, the Collector is of the opinion
that any person, who in his capacity as a President, Vice-President, Councillor
or  officer  or  servant  of  a  Council  had  in  his  custody  any  records,  stores  or
money  or  other  property  belonging  to  the  Council,  inspite  of  the  expiry  of
his  term of  office or  his removal  or  suspension from  office, as  the case  may
be,  has  not  delivered  such  records,  stores,  money  or  other  property  to  his
successor in the office, the Collector may by a written order require that the
records,  stores,  money  or  other  property  so  detained,  be  delivered  to  such
successor  within  the  time  to  be  specified  in  such  order.

(2) If  such  President,  Vice-President,  Councillor,  officer  or  servant  of
the Council fails to comply with the order of the Collector under the foregoing
sub-section,  it  shall  be  lawful  for  the  Collector,—

(a) for recovering any such money, to direct that such money may be
recovered as an arrear of land revenue and on such direction being given
by  the  Collector  such  money  shall  be  recoverable  as  an  arrear  of  land
revenue  from  such  person  ;

(b) for  recovering  any  such  records  or  stores  or  other  property  to
issue a search warrant and to exercise all such powers with respect thereto
as  may  lawfully  be  exercised  by  a  Magistrate  under  the  provisions  of
Chapter  VII  of  the  *Code  of  Criminal  Procedure,  1898.

(3) No  action  shall  be  taken  under  this  section,  unless  the  person
concerned has been given a reasonable opportunity to show cause why such
action should not be taken against him.

(4) The  fact  that  action  is  or  has  been  taken  against  an  outgoing
President or Vice-President under the provisions of this section shall not be
a  bar  to  the  prosecution  of  such  President  or  Vice-President  under  '[sub-
section (5)] of section 57.

V of
1898.

Power to
grant ex-
post facto
sanction.

337. Where by or under this Act, the previous sanction of any authority
is required in respect of any staff or expenditure and such previous sanction
is  not  obtained,  such  authority  may  accord ex-post  facto  sanction,  if  it  is
satisfied that such action was bona fide and has not caused or is not likely to
cause injury to any person or that the action taken was in public interest.

1 These words were substituted for the words “ sub-section (4)” by Mah. 47 of 1973, s. 26.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

225

General
provisions
regarding
grant,
suspension or
withdrawl of
licences and
written
permission
and levy of
fees, etc.

1965 : Mah. XL]

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

338.

(1) Whenever it is provided by or under this Act that a licence or
a written permission may be given for any purpose, such licence or permission
shall specify the period for which, and the restrictions and conditions subject
to which, the  same is granted and the  date by which an  application for the
renewal of the same shall be made and shall be given under the signature of
the  Chief  Officer  or  of  any  other  municipal  officer  empowered  by  or  under
this Act or by the Chief Officer to grant the same.

(2) Except  as  otherwise  provided  by  or  under  this  Act,  there  shall  be

charged  a  fee—

(a) for  every such  licence  at such  rates  as shall  from  time to  time
be  specified  in  the  respective  provision  of  the  by-laws  relating  to  the
grant of such licence; and

(b) for  every  such  written  permission  at  such  rates  as  shall  from

time to time be specified in the by-laws made in this behalf :
Provided  that,—

(i) such fee may be a recurring fee ;
(ii) the by-laws may provide for the levy of a higher fee by way of
penalty  for  any  act  done  by  any  person  without  licence  or  written
permission ;

(iii) the higher fee levied under clause (ii) of this proviso shall be
leviable  in  addition  to  any  other  penalty  or  liability  to  which  such
person may be liable under the provisions of this Act or any rules or
by-laws  made  thereunder.

(3) Any  licence  or  written  permission  granted  under  this  Act  may  at
any  time  be  suspended  or  revoked  by  the  competent  authority,  if  such
authority  is  satisfied  that  it  has  been  secured  by  the  holder  through
misrepresetation  or  fraud  or  if  any  of  its  restrictions  or  conditions  are
infringed or evaded by the person to whom the same has been granted, or if
the  said  person  is  convicted  of  an  infringement  of  any  of  the  provisions  of
this Act or of any rule or by-laws pertaining to any matter to which such licence
or  permission  relates.

(4) When any such licence or written permission is suspended or revoked
or when the period for which the same was granted has expired, the person
to whom the same was granted shall, for all purposes of this Act, be deemed
to be without a licence or written permission, until the order for suspending
or revoking the licence or written permission is cancelled or until the licence
or written permission is renewed, as the case may be :

Provided that, when an application has been made for the renewal of a
licence  or  written  permission  by  the  date  specified  therein,  the  applicant
shall  be  entitled  to  act  as  if  it  has  been  renewed,  pending  the  receipt  of
orders.

(5) Every  person  to  whom  any  such  licence  or  written  permission  has
been  granted  shall,  at  all  reasonable  times,  while  such  written  permission
or licence remains in force, if so required by the Chief Officer or any municipal
officer  duly  authorised  in  this  behalf,  produce  such  licence  or  written
permission.

(6) Every  application  for  a  licence  or  written  permission  shall  be

addressed  to  the  Chief  Officer.

(7) The acceptance by or on behalf of the Council of the fee for a licence
or permission shall not in itself entitle the person paying the fee to the licence
or  permission.

226

Power to order
closure of
place.

Power of
State Govern-
ment to make
suitable
provisions by
order when a
municipal
area is
created or
altered.

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

[1965 : Mah. XL

339. Upon  a  conviction  being  obtained  in  respect  of  the  use  of  any
place for any purpose without a licence or permission or in contravention of
the  conditions  subject  to  which  any  licence  or  permission  may  have  been
granted, the Magistrate may, on the application of the authority competent
to grant such licence or permission but not otherwise, order such place to be
closed,  and thereupon  appoint  any  person or  persons  or  take other  steps  to
prevent  such  place  being  so  used.

340.

(1)  In  this  section,  unless  the  context  otherwise  requires—

(a) “  specified  day  ”  means  the  day  from  which  any  local  area  is
declared to be a 1[smaller urban area under sub-section (2)] of section 3
or the day from which a change referred to in any of the clauses (a) to
(d) of sub-section (1) of section 6 takes effect;

(b) “ existing local authority ”, in relation to any local area, means
the Municipal Council or the panchayat or where there is no Municipal
Council  or  panchayat,  the  Zilla  Parishad  having  jurisdiction  over  such
area  immediately  before  the  specified  day  ;

(c) “ successor local authority ”, in relation to any local area, means
the Municipal Council or the panchayat or where there is no Municipal
Council  or  panchayat,  the  Zilla  Parishad  having  jurisdiction  over  such
area from the specified day ;

(d) “  Zilla  Parishad  ”,  in  relation  to  any  local  area,  means  a  Zilla
Parishad  constituted  under  the  Maharashtra  Zilla  Parishads  and
Panchayat Samitis Act, 1961 and having jurisdiction over such area ;

Mah. V
of 1962.

(e) “ panchayat” means a village panchayat established or deemed
to be established for any village or group of villages under *the Bombay
Village Panchayats Act, 1958.

III of
1959.

(2)  When—

(a) any local area is declared to be a 2[smaller urban area];

(b) any local area is added to be a 2[smaller urban area];

(c) any local area is excluded from a 2[smaller urban area] ;

(d) two or more municipal areas are amalgamated into one 2[smaller

urban area] ; or

(e) a 2[smaller urban area] is split up into two more municipal areas ;
the State Government may, notwithstanding anything contained in this
Act or any other law for the time being in force, by an order published
in  the Official  Gazette,  provide  for  all  or  any  of  the  following  matters,
namely :—

3[(i) in a case falling under clause (a), (d) or (e), the appointment
of  a  Government  Officer,  or  Officers  to  exercise  all  the  powers  and
duties  of  a  Council  under  the  Act,  until  a  new  Council  is  or,  as  the
case  may  be,  Councils  are  duly  constituted  in  accordance  with  the
provisions of the  Act :

1 These words were substituted for the words “ municipal area under sub-section (1)” by

Mah. 41 of 1994, s. 159(a).

2 These  words  were  substituted  for  the  words  "municipal  area"  by  Mah.  41  of  1994,

s. 159(b)(1).

3 The paragraph (i) was substituted by Mah. 41 of 1994, s. 159 (b) (2).
* The short title of this Act was substituted as “the Maharashtra Village Panchayats Act”

by Mah. 24 of 2012, Schedule, entry 74.

1965 : Mah. XL]

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

227

Provided  that,—

(i)  the  terms  and  conditions  (including  the  remuneration)  of  such

Officer  or  Officers  shall  be as  determined  by  the  State  Government;

(ii) such Officer or Officers shall hold office until the first meeting

of  the  Council];

1[(iii)  in  a  case  falling  under  clause  (b),  interim  increase  in  the
number  of  councillors  by  election  of  Councillors  from  the  local  area
added];

(iii) in a case falling under clause (c), the removal of the Councillors,
who in the opinion of the State Government, represent the area excluded
from the 2[smaller urban area];

3 *

*

*

*

(vi)  the  transfer,  in  whole  or  in  part,  of  the  assets,  rights  and
liabilities  of  an  existing  local  authority  (including  the  rights  and
liabilities under any agreement or contract made by it) to any successor
local authorities or the State Government and the terms and conditions
for such transfer ;

(vii)  the  substitution  of  any  such  transferee  for  an  existing  local
authority or the addition of any such transferee as a party to any legal
proceeding  to  which  an  existing  local  authority  is  a  party  ;  and  the
transfer  of  any  proceedings  pending  before  the  existing  local  authority
or any authority or office subordinate to it to any such transferee or any
authority  or  officer  subordinate  to  it;

(viii) the transfer or re-employment of any employees of an existing
local  authority  to,  or  by,  any  such  transferee  or  the  termination  of
services  of  any  employees  of  an  existing  local  authority  and  the  terms
and  conditions  applicable  to  such  employees  after  such  transfer  or  re-
employment  or  termination;

(ix)  the  continuance  within  the  area  of  an  existing  local  authority
of all or any appointments, notifications, notices, taxes, orders, schemes,
licences, permissions, rules, by-laws, regulations or forms made, issued,
imposed  or  granted  by,  or  in  respect  of,  such  existing  local  authority
and in force within its area immediately before the specified day, until
superseded  or  modified  under  this  Act;

(x)  the  extension  and  commencement  of  all  or  any  appointments,
notifications,  notices,  taxes,  orders,  schemes,  licences,  permissions,
rules,  by-laws,  regulations  or  forms  made,  issued,  imposed  or  granted
under  this  Act  by,  or  in  respect  of,  any  existing  Council  and  in  force
within  its  area  immediately  before  the  specified  day,  to  and  in  all  or
any  of  the  other  areas  of  the  successor  Council,  in  supersession  of
corresponding  appointments,  notifcations,  notices,  taxes,  orders,
schemes,  licences,  permissions,  rules,  by-laws,  regulations  or  forms  (if
any)  in  force  in  such  other areas  immediately  before  the  specified  day,
until  the  matters  so  extended  and  brought  into  force  are  further
superseded  or  modified  under  this  Act;

1 The pagragraph (ii) was substituted by Mah. 41 of 1994, s. 159(b)(3).
2 These words were substituted for the words “ municipal area ” by Mah. 41 of 1994, s. 159(b)(4).
3 Paragraphs (iv) and (v) were deleted by Mah. 41 of 1994, s. 159(b)(5).

H 4109—31

228

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

[1965 : Mah. XL

(xi)  the  continuance  within  the  area  of  an  existing  local  authority
of all or any budget estimates, assessments, assessment lists, valuations,

measurements  or  divisions  made  or  authenticated  by,  or  in  respect  of
such  existing  local  authority  and  in  force  within  its  area  immediately
before the specified day, until superseded or modified under the relevant

law;

(xii)  the  removal  of  any  difficulty  which  may  arise  on  account  of

any change referred to in clauses (a) to (e).

(3) Where an  order is  made under  this section  transferring the  assets,
rights  and  liabilities  of  any  existing  local  authority,  then,  by  virtue  of  that
order, such assets, rights and liabilities of the existing local authority shall

vest in and be the assets, rights and liabilities of, the transferree.

(4) (a)  Where  an  order  is  made  under  this  section,  the  Director  shall,
1*  *  take  steps  in  accordance  with 2[  sections  9  and  10]  of  this  Act  for  the

purpose of determining the number of Councillors of, and for holding election
for, the new Council or Councils, as the case may be ;

(b) 3 * *

(c) save  as  otherwise  provided  by  or  under  this  section,  the  provisions
of this Act shall mutatis mutandis apply to any such Council, its Councillors
4[(including  the  President  and  the  Vice-President)]  or  administrator.

Abolition of
municipali-
ties.

341. When  the  whole  of  the  local  area  comprising  a  municipal  area
ceases to be a municipal area, with effect from the day on which such local
area ceases to be a municipal area,—

(i)  the  Council  constituted  for  such  municipal  area  shall  cease  to

exist or function ;

(ii) the Councillors of the Council5* * * shall vacate office ;

(iii)  the Director  may,  notwithstanding  anything contained  in  this
Act or any other law for the time being in force, by an order published
in  the Official  Gazette  provide  in  respect  of  such  area  for  all  or  any  of
the  matters specified  in paragraphs  (vi)  to  (xii)  (both inclusive)  of  sub-
section  (2)  of  section  340  and  the  provision  of  sub-section  (3)  of  that
section  shall  apply to  such  order.

1 The portion beginning with the words " before the " and ending with the words “ sub-section

(1),” were deleted by Mah. 41 of 1994, s. 159 (c) (1) (i).

2 These words and figures were substituted for the word and figure “ section 9” by Mah. 41 of

1994, s. 159(c)(1)(ii).

3 This clause was deleted by Mah. 41 of 1994, s. 159 (c) (2).

4 These brackets and words were inserted by Mah. 47 of 1973, s. 27(2)(b).

5 The brackets and words "(including the President)" were deleted by Mah. 19 of 1981, s.20.

1965 : Mah. XL]

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

229

1[CHAPTER  XXVI-A.
NAGAR PANCHAYATS.

341A.

(1)  The  State  Government  may,  having  regard  to  the  factors
mentioned in clause (2) of article 243-Q of the Constitution of India, specify,
by  notification  in  the Official  Gazette,  an  area  in  transition  from  a  rural  to
an urban area to be a transitional area :

Provided that, no such area shall be so specified as a transitional area

unless,—

Specification
of a transi-
tional area
and incorpora-
tion of a
Nagar
Panchayat.

(a) such  area  has  a  population  of  not  less  than  ten  thousand  and

not more  than twenty-five  thousand; and

(b) such  area  is  not  more  than  twenty  kilometers  away  from  the
terriotorial limits of any Municipal Corporation or a “ A ” Class Council
and the percentage of employment in non-agricultural activities in such
area is not less than twenty-five per cent.; or

(c) such  area  is  more  than  twenty  kilometers  away  from  the
territorial limits of any Municipal Corporation or a “ A ” Class Council
but the percentage of employment in non-agricultural activities in such
area is not less than fifty per cent.

2[(1A)  Notwithstanding  anything  contained  in  the  proviso  to  sub-
section  (1),  the  State  Government  may,  by  notification  in  the Official
Gazette,  declare  an  area  which  is  a  District  Headquarter  or  a  Taluka
Headquarter to be a transitional area.

(1B) Prior to the publication of a notification under sub-section (1) or
(1A), the  procedure prescribed  in sub-sections  (3),  (4) and  (5)  of section  3
shall mutatis  mutandis  be  followed.]

(2) For every transitional area  so specified under sub-section (1),  there
shall  be  constituted a  Nagar  Panchayat  as  provided  in  section  341B  which
shall be known by the name of ............ Nagar Panchayat. Every such Nagar
Panchayat  shall  be  a  body  corporate  and  shall  have  perpetual  succession
and a common seal with power to acquire, hold and dispose of property and
to enter into contract and may by the said name sue and be sued.

341B.

(1)  A Nagar  Panchayat  shall  consist  of 3[seventeen]  directly

elected  Councillors.

(2) For the purpose of elections, a transitional area shall be divided into
such  number  of  territorial  constituencies,  to  be  known  as  wards,  as  there
are  Councillors.

(3)  Each  ward  shall  elect  one  Councillor.
(4)  The  provisions  of  sections  9  and  10  relating  to  reservation  of  seats
for  Scheduled  Castes,  Scheduled  Tribes,  Backward  Class  of  citizens  and
women  in  a  Council  and  of  section 51-1A  relating  to  reservation  of  office  of
the  President  of  a  Council  shall, mutatis  mutandis,  apply  to  a Nagar
Panchayat.

341C.

(1) The State Government may, by order to be published in the
Official  Gazette,  apply  to  a  transitional  area,  with  such  incidental  or
consequential modifications as the State Government may consider necessary
for giving effect to the provisions of this Chapter, any provisions of this Act
which apply to a Municipal Council for a ‘ C ’ Class smaller urban area.

Constitution
and elections
to Nagar
Panchayat.

Power to
extend
provisions of
this Act
relating to
councils to a
transitional
area.

1 Chapters XXVI-A and XXVI-B were inserted by Mah. 41 of 1994, s. 160.
2 These sub-sections were inserted by Mah. 11 of 2002, s. 52.
3 This word was substituted for the word “ten” by Mah. 30 of 2001, s. 2.

H 4109—31a

230

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and Industrial Townships Act, 1965

[1965 : Mah. XL

(2)  When  any  tax  is  imposed  by  a Nagar  Panchayat  in  its  local  area
under  any  of  the  provisions  of  this  Act  as  extended  under  sub-section  (1),
the proceeds of such tax shall be expended in the same manner in which and
for the purposes for which the municipal fund may be expended by a Council.

341D. The  State  Government  may,  at  any  time,  in  accordance  with

the provision of this Act,  by notification in the Official  Gazette,—

(a) constitute a  transitional area  or a  part thereof  to be  a smaller

Abolition or
alteration of a
transitional
area.

urban area; or

(b) include a transitional area or any part thereof within a smaller

urban area.

Consequences
of such
abolition or
alteration.

341E.

(1) When the whole of a transitional area is constituted to be a
smaller  urban  area,  the  transitional  area  shall  cease  to  exist  and  the
properties,  funds  and  other  assets  vested  in  the Nagar  Panchayat  of  that
transitional  area and all the rights and liabilities of such Nagar Panchayats
shall vest in and devolve on the Council of that smaller urban area.

(2) When a part of a transitional area is constituted to be or is included
in any smaller urban area such part shall be deemed to have been excluded
from the  transitional area specified  under section 341A  and so much  of the
properties,  fund  and  other  assets  vested  in  the Nagar  Panchayat  of  that
transitional  area  and  such  of  the  rights  and  liabilities  of  such Nagar
Panchayat as may be allocated by the State Government by an order in this
behalf, shall vest in and devolve on the Council for such smaller urban area.

CHAPTER  XXVI-B

INDUSTRIAL TOWNSHIPS

Specification
of Industrial
Township.

Incorporation
of Industrial
Township
Authority.

Constitution
of Industrial
Township
Authority.

341F. The  State  Government  may,  having  regard  to  the  factors
mentioned in the proviso to clause (1) of article 243-Q of the Constitution of
India  and  location  of  any  particular  industrial  area  developed  by  the
Maharashtra  Industrial  Development  Corporation  constituted  under  the
Maharashtra  Industrial  Development  Act,  1961 1[City  and  Industrial
Development  Corporation  of  Maharashtra  Limited  incorporated  under  the
*Companies Act, 1956] or by a Co-operative Society formed for developing a
Co-operative Industrial Estate, specify, by notification in the Official Gazette,
any urban area or part thereof, to be an Industrial Township.

Mah. III
of  1962.

 1 of
1956.

341G. For  every  Industrial  Township  there  shall  be  an  Industrial
Township Authority. Every such Authority shall be a body corporate by the
name  of  “  the  .................  Industrial  Township  Authority”  and  shall  have
perpetual  succession  and  a  common  seal,  and  shall  have  power  to  acquire,
hold  and  dispose  of  property,  and  to  enter  into  contracts  and  may  by  that
name sue, and be sued.

341H. The  Industrial  Township  Authority  shall  consist  of—

(a) Chairperson

. . To  be  nominated  by  the  Maharashtra  Industrial
Development  Corporation 2[,  City  and  Industrial
Development Corporation of Maharashtra Limited]
or  the  Co-operative  Society  formed  for  developing
Co-operative  Industrial  Estate  in  that  Industrial
Township, who shall be a non-official member;

1 These words and figures were inserted by Mah. 5 of 2002, s. 2.
*   Companies Act, 1956 stands repealed by Act No. 18 of 2013, s. 465.
2 These words were inserted by Mah. 5 of 2002, s. 3(a).

1965 : Mah. XL]

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

231

(b) Two  Members . . To  be  nominated  by  the  Maharashtra  Industrial
Development  Corporation 1[,  City  and  Industrial
Development  Corporation  of  Maharashtra
Limited]  or  the  Co-operative  Society  formed  for
developing  a  Co-operative  Industrial  Estate,  in
that  Industrial  Township,  one  of  whom  shall  be
the  Chief  Executive  Officer  of  the  Industrial
Township  Authority  ;

(c) Two  Members

. . To  be  nominated  by  the  Association  of  Industrial

Units situated in the Industrial Township ; and

(d) One  Member

. . To  be  nominated  by  the  Collector  of  the  District  in
which  such  Industrial  Township  is  situated.

341  I. The  term  of  office  of  the  Chairperson  and  the  Members
nominated  under  clauses  (b)  and  (c)  of  section  341H  shall,  unless  earlier
withdrawn  by  the  concerned  nominating  bodies  mentioned  in  clauses  (b)
and (c) of section 341H shall be five years.

Term of Office
of Members.

(2)  Any non-official  member  may  resign his  office  by  writing under  his
hand  addressed  to  the  Chairperson.  The  Chairperson  may  resign  his  office
by writing under his hand addressed to the Collector. The resignation shall
be  effective  from  the  date  of  its  receipt  by  the  Chairperson,  or  as  the  case
may be, by the Collector.

(3) Any casual vacancy  arising out of such resignation or  for any other
reason, such as death or disablement of the Chairperson or a member, shall
be filled in by nomination as provided in section 341H.

(4)  Any  member  so  nominated  under  sub-section  (3),  shall  hold  office
only for the remainder of the term for which the member, in whose place he
is  nominated  would  have  held  such  office.

341  J.

(1)  The  terms  and  conditions  of  service  including  the
remuneration  of  the  Chief  Executive  Officer  nominated  under  clause  (b)  of
section  341H  shall  be  such  as  may  be  determined  by  the  Maharashtra
Industrial  Development  Corporation, 2[  City  and  Industrial  Development
Corporation  of  Maharashtra  Limited]or  the  said  Co-operative  Society,  by
such general or special orders, as may be issued in this behalf, from time to
time.

Terms and
conditions of
service of
Chief Execu-
tive Officer
and Members.

341 K.
in a month.

(1) The Industrial Township Authority shall meet at least once

(2) The quorum necessary at any such meeting of the Authority shall be

Meetings  of
Industrial
Township
Authority.

three.

(3) Decisions, regarding any business transacted, at such meeting shall
be  taken  by  a  simple  majority.  In  the  case  of  an  equality  of  votes  the
Chairperson  shall  have  the  casting  vote.

(4) No act  or proceeding of the  Industrial Township Authority  shall be
questioned  or  shall  be  invalid  on  the  ground  merely  of  the  existence  of  any
vacancy in or defect in the constitution of the Industrial Township Authority
or  any  defect  in  the  nomination  of  a  person  acting  as  the  Chairperson  or  a
Member  or  any  irregularity  in  the  procedure  of  the  Industrial  Township
Authority including in issuing of notice for holding of meeting, not affecting
merits of  the matter.

1 These words were inserted by Mah. 5 of 2002, s. 3 (b).
2 These words were inserted by Mah. 5 of 2002, s. 4.

232

Authentica-
tion of orders
and docu-
ments of
Industrial
Township
Authority.

Functions and
duties of
Industrial
Township
Authority.

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

[1965 : Mah. XL

341  L. All  documents  of  the  Industrial  Township  Authority  shall  be
authenticated  by  the  signature  of  the  Chairperson  of  the  Authority  or  any
other  officer  authorised  by  the  Authority  in  this  behalf.

341 M.

It shall be incumbent on the Industrial Township Authority to
make  adequate  provision,  by  any  means  or  measures  which  it  is  lawfully
competent  for  them  to  use  or  to  take,  for  each  of  the  following  matters,
namely:—

(i) the collection of any tax (including any penalty) which the State
Government  may  under  any  law  for  the  time  being  in  force,  levy  or
impose in such Industrial Township area, in the prescribed manner ;

(ii)  lighting  public  streets,  places  and  buildings;

(iii)  cleaning  public  streets,  places  and  sewers,  removing  noxious

vegetation; and abating all public nuisances ;

(iv) extinguishing fires and protecting life and property when fires

occur;

(v)  acquiring  and  maintaining,  changing  and  regulating  places  for

the disposal of the dead ;

(vi) constructing, altering and maintaining public streets, culverts,
boundary  marks,  markets,  slaughter-houses,  latrines,  privies,  urinals,
drains, sewers, drainage works, sewerage works, baths, washing places,
drinking fountains, tanks, wells, and the like ;

(vii)  supply  of  protected  drinking  water  to  the  inhabitants  of  the
Township and obtaining a supply or an additional supply of water, proper
and  sufficient  for  preventing  danger  to  the  health  of  the  inhabitants
from  the  insufficiency  or  unwholesomeness  of  the  existing  supply  ;

(viii) registering births and deaths ;

(ix) establishing and maintaining public dispensaries and providing

public  medical  relief  and  organising  Family  Planning  Centres  ;

(x) establishing and maintaining primary schools ;

(xi) taking such measures as the State Government may, from time
to time, direct for improvement of the living and working conditions of
the sanitary staff of the Authority ;

(xii) providing special medical aid and accomodation for the sick in
time of  dangerous or communicable disease and taking such measures
as may be required to prevent the outbreak or to suppress and prevent
the recurrence  of such disease  ; and

(xiii) any other functions and duties as may be assigned by the State

Government.

Powers of
Industrial
Township
Authority.

341  N.

(1)  The  Industrial  Township  Authority  shall  have  the  powers
to  do    anything  which  may  be  necessary  or  expedient  for  the  purposes  of
carrying  out  its  functions  under  this  Chapter,  in  accordance  with  the
regulations framed under section 341-O. The Authority may, for this purpose,
by  an  order  delegate  to  its  Chief  Executive  Officer  such  powers  as  it  may
deem  fit.

1965 : Mah. XL]

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

233

(2) Without prejudice to the generality of the foregoing powers, it shall
levy  fees  or  service  charges  to  cover  its  expenses  on  maintenance  of  road,
drainage,  water  supply  and  such  other  services  and  amenities  as  may  be
provided  by  it,  including  provision  of  street  lighting. Such  fees  or  charges
may be levied on the property owner or occupiers of the properties or other
persons  receiving  benefit  of  the  services  or  amenities  :

Provided  that,  the  maximum  and  minimum  rates  at  which  the  taxes

aforesaid shall be levied shall be such as may be prescribed by rules.

341  O. The  Industrial  Township  Authority  may,  with  the  previous
sanction  of  the  State  Government,  by  notification  in  the Official  Gazette,
make  regulations,  for  carrying  out its  function  under  this  Chapter.

Power to
make regula-
tion.

341  P. The  State  Government  may  issue  to  the  Industrial  Township
Authority  such  general  or  special  directions  as  to  policy  as  it  may  think
necessary  or  expedient  for  the  purpose  of  carrying  out  the  purposes  of  this
Chapter  and  the  Authority  shall  be  bound  to  follow  and  act  upon  such
directions.

General
control of
Government.

Powers to
suspend
execution of
orders and
resolutions of
Industrial
Township
Authority on
certain
grounds.

341 Q.

(1) If, in the opinion of the Collector, the execution of any order
or resolution of the Industrial Township Authority or the doing of anything
which is about to be done or is being done by or on behalf of the Authority is
causing  or  is  likely  to  cause  injury  or  annoyance  to  the  public  or  is  against
public interest or to lead to a breach of the peace or is unlawful, he may by
order  in  writing  under  his  signature  suspend  the  execution  or  prohibit  the
doing  thereof.

(2) When  the  Collector  makes  any  order  under  his  signature,  he  shall
forward  to  the  Authority  affected  thereby  a  copy  of  the  order  indicating
therein  the  reasons  for  making  it  and  also  submit  a  report  to  the  Director,
alongwith  a copy  of such  order.

(3) Within  twenty  days from  the  receipt  of  such  order of  the  Collector,
the  Authority  shall,  if  it  so  desires,  forward  a  statement  to  the  Director
indicating therein why the order of the Collector should be rescinded, revised
or  modified.  If  no  such  statement  is  received  by  the  Director  within  that
time,  the  Director  shall  presume  that  the  Authority  has  no  objection  if  the
order  of  the  Collector  is  confirmed.

(4)  On  receipt  of  such  report  from  the  Collector  and  the  Authority's
statement referred to in sub-section (3), if any, the Director may rescind the
order  or  may  revise  or  modify  or  confirm  the  order  or  direct  that  the  order
shall continue to be in force  with or without modification :

Provided that, the Director shall take into account the statement of the

Authority if received, before such an order is made by him.

341R.

If,  in  the  opinion  of  the  State  Government,  the  Industrial
Township  Authority  is  unable  to  or  has  failed  to  perform  its  duties  or  to
carry  out  its  functions  properly  and  satisfactorily,  the  State  Government
may, after giving the Authority a reasonable opportunity of being heard, by
an order in writing published in the Official Gazette, appoint a Government
Officer  as  an  Administrator  of  the  said  Township,  for  a  period  specified  in
the  order.

Power to
appoint
Administra-
tor in certain
circum-
stances.

Mah.
XXXVII
of 1966.

341S. The town planning matters in the Industrial Township shall be
governed by the provisions of the Maharashtra Regional and Town Planning
Act, 1966 and the rules framed thereunder .

Application
of Regional
and Town
Planning Act.

234

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

[1965 : Mah. XL

342.

[Deleted]

1  [CHAPTER  XXVII]

CHAPTER  XXVIII.

REPEALS AND TRANSITORY PROVISIONS.

Repeal.

343. Subject  to  the  provisions  of  this  Chapter,—

(a) the Bombay District Municipal Act, 1901 and Bombay Municipal

Boroughs Act, 1925, as in force in the Bombay area of the State;

(b) the  Central  Provinces  and  Berar  Municipalities  Act,  1922,  as

in force in the Vidarbha region of the State ;

(c) the  Hyderabad District  Municipalities  Act, 1956,  as  in force  in

the Hyderabad area of the State ;

shall,  on  the  appointed  day,  stand  repealed.

Interpreta-
tion.

344.

In  this  Chapter,  unless  the  context  otherwise  requires—

(a) “  existing  Council”, in  relation  to  any  local  area means,  as  the

case may be—

(i) a borough municipality established under the Bombay Municipal

Boroughs Act, 1925 ;

(ii) a district or city municipality established under the Bombay

District Municipal Act, 1901 ;

(iii)  a  municipal  committee  established  under  the  Central

Provinces  and Berar  Municipalities  Act, 1922  ;

(iv)  a  municipal  committee  or  a  town  committee  established

under  the Hyderabad  District Municipalities  Act, 1956  ,

and having jurisdicition over such area immediately before the appointed

day;

(b) “ repealed  law ”  means—

(i)  in  relation  to  a  borough  municipality  in  the  Bombay  area  of

the State, the Bombay Municipal Boroughs Act, 1925 ;

(ii)  in  relations  to  a  district  or  city  municipality  in  the  Bombay

area of the State, the Bombay District Municipal Act, 1901 ;

(iii) in relation to a municipal committee in the Vidarbha region
of  the  State,  the  Central  Provinces  and  Berar  Municipalities  Act,
1922 ; and

1 Chapter XXVII was deleted by Mah. 41 of 1994, s. 161.

Bom. III
of 1901.

Bom.
XVIII of
1952.

C. P.
and
Berar II
of  1922.

Hyd.
XVIII of
1956.

Bom.
XVIII of
1925.
Bom. III
of 1901.

C. P.
and
Berar II
of 1922.

Hyd.
XVIII of
1956.

Bom.
XVIII of
1925.

Bom. III
of 1901.

C. P.
and
Berar II
of 1922.

1965 : Mah. XL]

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

235

Special
provision
regarding
Councillors of
existing
councils whose
term is due to
expire after
31st Decem-
ber 1965.

Establish-
ment,
composition
and term of
office of first
successor
Councils, if
term of
exising
Councillors is
made to
expire before
31st Decem-
ber 1967.

Hyd.
XVIII of
1956.

(iv)  in  relation  to  a  municipal  or  town  committee  in  the
Hyderabad  area  of  the  State,  the  Hyderabad  District  Municipalities
Act, 1956 ;

(c)  “  successor  Council  ”,  in  relation  to  any  local  area,  means  the
Council  having  jurisdiction  over  such  area  on  and  from  the  appointed
day.

345. Notwithstanding  anything  contained  in  any  repealed  law  or  any
other law for the time being in force, the term or extended term of office of
the  Councillors  or  members  of  any  existing  Council  which  is  due  to  expire
after  the  31st  day  of  December  1965,  shall  expire  at  12  midnight  on 1[the
31st day of December 1967 or such 2[earlier date as may be specified in this
behalf by the State Goverment by notification in the Official Gazette.]].

3[345A.

(1)  Notwithstanding  anything  in  this  Act,  if  the  State
Government,  specifies  a  date  earlier  than  the  31st  day  of  December  1967
under section 345, then with effect from the day immediately following such
earlier  date,  in  place  of  every  existing  Council  the  first  successor  Council
shall be deemed to be established under this Act for the respective municipal
area.

(2) Where  the  Councillors  or  members  of  any  existing  Council  are  in
office on the said earlier date, the successor Council shall consist of the said
Councillors or members, as the case may be, who shall be deemed to be the
Councillors  duly  elected  at  elections  under  this  Act,  and  the  provisions  of
section  9  relating  to  reservation  of  seats  or  co-option  of  Councillors  shall
not  apply  to  such  successor  Council.

(3) Where  any  officer,  by  whatever  designation  referred  to,  appointed
to  exercise  all  the  powers  and  perform  and  discharge  all  the  duties  and
functions of any existing Council is in office on the said earlier date, he shall
be deemed to be appointed Administrator under this Act and shall have and
exercise all the powers and perform and discharge all the duties and functions
of  the  successor  Council  and  of  all  its  authorities  and  committees  and
Councillors.

(4) Where  a  successor  Council  consists  of  Councillors  deemed  to  be
elected  as  provided  in  sub-section  (2),  the  Collector  shall,  within  twenty-
five  days  from  the  date  on  which  such  Council  is  deemed  to  be  established
under  sub-section  (1),  convene  a  special  meeting  of  the  said  Councillors  for
election  of  a  President  and  Vice-President,  and  the  procedure  prescribed  in
section 51, shall mutatis mutandis apply for electing the President and Vice-
President.

1 This  portion  was  substituted  for  the  words,  figures  and  letters  "the  31st  day  of

December 1965" by Mah. 52 of 1965, s. 3(a).
14th day of June 1966, vide G. N., U. D., P.H. and H. D., No. UMA. 1366 (d)-Unification-IV,
dated 2nd June 1966.
Section 345A was inserted by Mah. 14 of 1966, s. 9.

2

3

H 4109—32

236

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

[1965 : Mah. XL

Mah.
XLII of
1964.

(5)  The  term  of  office  of  the  Councillors  deemed  to  be  elected  and  of
every Administrator deemed to be appointed under this section shall expire
at 12 midnight, on such 1[date as the State Government may, by notification
in the Offical Gazette] specify in this behalf, but such date shall in no case be
beyond the 31st day of December, 1967 :

Provided that, in the case of the first successor Councils of Hill Station
Municipal  areas  mentioned  in  column  3  of  Part  II  of  Schedule  I,  the  State
Government may, at any time after the date on which the term or extended
term  of  office  of  the  Councillors  or  members,  of  the  corresponding  existing
Councils  would  under  the  relevant  Act  have  expired,  but  for  the  provisions
of  the  Maharashtra  Municipalities  (Postponement  of  election  pending
Unification of Municipal Laws) Act, 1964 appoint, in place of the Councillors
deemed  to  be  elected  under  this  section,  fifteen  persons  to  be  Councillors
and one of them to be the President of the successor Councils. Amongst these
fifteen Councillors, at least eight shall be persons, who are duly qualified to
be  elected,  and  the  remaining  may  be  persons  considered  suitable  by  the
State Government in this behalf and appointed by virtue of office or by name.
The term of office of such Coucillors shall expire at the same time at which
the  term  of  office  of  the  Councillors  deemed  to  be  elected  will  expire  under
this  sub-section  :

2[Provided  further  that,  where  the  State  Government  has  specified  a
date earlier than the 31st day of December, 1967 under this sub-section and
the State Government is of opinion that for some reason, such as the granting
of an injunction or stay by a Court, it is not practicable to complete all stages
of the general election of Councillors to any Council before such earlier date,
then  notwithstanding  that  the  earlier  date  has  been  already  specified,  the
State  Government  may,  by  notification  in  the Official  Gazette,  extend  the
term  of  Councillors  or  of  the  Administrator,  as  the  case  may  be,  of  such
Council to any date beyond the earlier date aforesaid, as it may specify from
time to time, or may, by like notification, in place of the Councillors appoint
an officer to be an Administrator to exercise all the powers and perform and
discharge all the duties and functions of the Council concerned and of all its
authorities  and  committees  and  Councillors,  but  in  no  case 3[beyond  the
31st day of December, 1968].

(6)  During  the  period  commencing  on  the  date  on  which  the  successor
Councils  are  deemed  to  be  established  under  sub-section  (1)  and  ending  on
the  date  specified  under 4[sub-section  (5)],  no  election  shall  be  held  or
nomination  made to  fill any  vacancy in  the successor  Council, but  elections
to various authorities and committees may take place as and when required,
and the restrictions contained in sub-section (3) of section 63 and the proviso
to section 66 shall not apply at such election].

1

2

3

4

1st day of July 1967 vide G.N., U.D. P.H. and H.D., No. UMA.1067-A, dated the
11th March 1967.
This proviso was deemed to have been added on the 10th day of June, 1967 by Mah.
10 of 1967, s.7.
This was substituted by Mah. 6 of 1968, s.2.
This was deemed always to have been substituted for the words, brackets and figure
“ sub-section (4) ” by Mah. 8 of 1967, s.6.

237

Consequences
of replace-
ment of
existing
Councils.

1965 : Mah. XL]

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

346. With  effect  on  and  from  the  appointed  day,  the  following

consequences shall ensue, that is to say—

(a) every  local  area  within  the  jurisdiction  of  an  existing  Council
immediately before the appointed day shall be deemed to be declared a
municipal area under this Act and shall be called by the corresponding
name given thereto in Schedule I and shall belong to such Class under
which it is specified in that Schedule and the Council therefor shall be
called by the name specified against it in column 3 of the said Schedule ;

(b) all  property,  movable  and  immovable,  and  all  interests  of
whatsoever nature and kind therein, which vested in an existing Council
immediately before the appointed day, shall be deemed to be transferred
to,  and  shall  vest,  without  further  assurance  in  the  successor  Council,
subject  to  all  limitations,  conditions  and  rights  or  interests  of  any
person, body or authority in force or subsisting immediately before the
appointed  day  ;

(c) all  rights,  liablities  and  obligations  of  an  existing  Council
(including  those  arising  under  any  agreement  or  contract)  shall  be
deemed  to  be  the  rights,  liabilities  and  obligations  of  the  successor
Council;

(d) all sums due to an existing Council, whether on account of any
tax or otherwise, shall be recoverable by the successor Council, and for
the purposes of such recovery the successor Council shall be competent
to take any measures or institute any proceedings which it would have
been  open  to  the  existing  Council  or  any  authority  thereof  to  take  or
institute  before  the  appointed  day;

(e) the municipal fund of an existing Council shall be deemed to be

the  municipal  fund  of  the  successor  Council;

(f) all contracts made with and all instruments executed on behalf
of  an  existing  Council  shall  be  deemed  to  have  been  made  with,  or
executed  on  behalf  of,  the  successor  Council,  and  shall  have  effect
accordingly  ;

(g) all proceedings and matters pending before any authority under
any  of  the  repealed  laws  immediately  before  the  appointed  day,  shall
be  deemed  to  be  transferred  to  the  corresponding  authority  under  this
Act competent to entertain and dispose of such proceedings or matters ;

(h) in all suits and legal proceedings pending on the appointed day
in  or  to  which  an  existing  Council  was  a  party,  the  successor  Council
shall  be  deemed  to  have  been  substituted  therefor;

(i) any appointment, notification, notice, tax, order, scheme, licence,
permission, rule, by-law, regulation or form held, made, issued, imposed
or  granted  by  or  in  respect  of  an  existing  Council  under  any  of  the
repealed laws or any other law for the time being in force in the area of
such  existing  Council,  and  in  force  immediately  before  the  appointed
day, shall, in so far as it is  not inconsistent with the provisions of this
Act,  continue  to  be  in  force,  as  if  made,  issued,  imposed  or  granted  in
respect  of  the  corresponding  area  of  the  successor  Council,  until
superseded  by  an  authority  competent  so  to  do:

H 4109—32a

238

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

[1965 : Mah. XL

Provided  that—

(i)  no  rule  made  under  any  of  the  repealed  laws  in  respect  of  an
existing Council and in force immediately before the appointed day shall
be  deemed  to  be  inconsistent  with  the  provisions  of  this  Act  by  reason
only of the fact that under this Act it is permissible to make only a by-
law or any other instrument other than a rule in respect of the matter
provided for in  such rule ;

(ii) the provisions of clause (i) of this proviso shall mutatis mutandis
apply to any by-laws, regulations, or any other instruments made under
any  of  the  repealed  laws  in  respect  of  an  existing  Council  and  in  force
immediately  before  the  appointed  day:

1[Provided further that, any assessment made on any tax levied by any
existing  Council  before  the  appointed  day  and  in  force  immediately  before
that  day  shall  notwithstanding  the  fact  that  it  is  inconsistent  with  the
provisions of this Act, continue to be in force until it is replaced by assessment
made or tax levied by the successor Council in accordance with the provisions
of this Act or till the 31st day of March, 1977, whichever is earlier :

Provided also that, no proceeding for the levy of any tax pending on the
appointed  day  or  commenced  thereafter  at  any  time  before  the  rules  under
this  Act  are  made  by  the  State  Government,  whether  completed  before  or
after the commencement of such rules shall be void merely by reason of the
fact that no rules had been made under this Act or the rates of tax adopted
by  any  Council  were  different  from  those  provided  in  such  rules.]

(j) all budget estimates, assessments, assessment lists, valuations,
measurements and divisions made by or in respect of an existing Council
under  any  of  the  repealed  laws  or  any  other  law  for  the  time  being  in
force in the area of such existing Council and in force immediately before
the appointed day, shall, in so far as they are not inconsistent with the
provisions of this Act, be deemed to have been made by, or in respect of,
the successor Council for that area ;

(k) any reference in any law or in any instrument to the provisions
of  any  repealed  law,  shall,  unless  a  different  intention  appears,  be
construed  as  a  reference  to  the  corresponding  provisions  of  this  Act;

(l)  any  reference  in  any  law  or  in  any  instrument  to  an  existing
Council  shall,  unless  a  different  intention  appears,  be  construed  as  a
reference  to  the  successor  Council  and  such  law  or  instrument  shall
apply  to  the  successor  Council;

(m)  any  reference  in  the  above  paragraphs  to  an  existing  Council
shall,  in  case  such  Council  has  been  superseded  or  dissolved  or  is  not
otherwise  functioning,  be  deemed  to  be  a  reference  to  the  person  or
persons appointed to exercise the powers and discharge the duties and
functions  of  such  Council.

1

These two provisos were deemed always to have been inserted by Mah. 45 of 1975, s. 16.

239

Provisions
relating to
officers and
servants.

1965 : Mah. XL]

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

347.

(1)  All  officers  and  servants  in  the  employment  of  an  existing
Council  immediately  before  the  appointed  day,  shall  be  deemed  to  be
transferred  to  the  service  of  the  successor  Council  and  shall,  until  other
provision  is  made  by  a  competent  authority,  receive  such  salaries  and
allowances, pension,  provident fund, gratuity  and other  retirement benefits
and be subject to such other conditions of service, to which they were entitled
immediately before the 26th day of March 1965 :

Provided  that,  the  conditions  of  service  applicable  immediately  before
that date to the case of any officer or servant so transferred to the service of
the  successor  Council  shall  not  be  varied  to  his  disadvantage  except  with
the  previous  approval  of  the  State  Government:

Provided further that, nothing in this sub-section shall affect the powers
of  the  successor  Council  to  discontinue  the  service  of  any  such  officer  or
servant  in  accordance  with  the  provisions  of  this  Act.

(2) Any person who immediately before the appointed day was holding

the  post  of,—

(a) the Chief Officer of any borough municipality under section 33

of the Bombay Municipal Boroughs Act, 1925 ;

(b) the Chief Officer of any city municipality under sub-section (1)

of section 182 of the Bombay District Municipal Act, 1901 ;

(c) the  Secretary  of  any  district  municipality  or  of  a  city
municipality  not  falling  under  clause  (b)  under  the  Bombay  District
Municipal Act, 1901 ; or

(d) the  Secretary  of  any  municipal  committee  under  section  25  of

the  Central  Provinces  and  Berar  Municipalities  Act,  1922,

shall, with effect from the appointed day, and subject to the provisions
of sub-section (1), be deemed to be appointed the Chief Officer of the successor
Council under section 75 of this Act:

1[Provided that if immediately, before the appointed day, in any existing
Council no such posts aforesaid exist or if no person holds any such post, the
powers conferred  and the  duties and  functions imposed  and entrusted,  to a
Chief Officer by or under this Act  shall, with effect from the appointed day
until the successor Council appoints the Chief Officer under the said section
75, be exercised, performed and discharged by such officer of the Council or
Government  as the  Collector  may  designate in  this  behalf.]

(3) Any person who immediately before the appointed day was holding

the  post  of,—

Bom.
XVIII of
1925.

Bom. III
of 1901.

Bom. III
of 1901.

C. P.
and
Berar II
of 1922.

Bom.
XVIII of
1925.

(i)  the  Health  Officer  of  any  borough  municipality  under  sub-section

(5) of section 34 of the Bombay Municipal Boroughs Act, 1925 ; or

1 This proviso was added by Mah. 14 of 1966, s. 10.

240

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

[1965 : Mah. XL

(ii)  the  Health  Officer  of  a  municipal  Committee  under  section  25-A
of  the  Central  Provinces  and  Berar  Municipalities  Act,  1922,  shall,  with
effect from the appointed day and subject to the provisions of sub-section
(1),  deemed  to  be  appointed  the  Health  Officer  of  the  successor  Council
under section 75 of this Act.

C. P. and
Berar II
of 1922.

(4)  Any person  who immediately  before  the appointed  day was  holding
the  post  of  the  Engineer  of  any  borough  municipality  under  sub-section  (5)
of section 34 of the Bombay Municipal Boroughs Act, 1925, shall, with effect
from  the  appointed  day  and  subject  to  the  provisions  of  sub-section  (1),  be
deemed  to  be  appointed  the  Municipal  Engineer  of  the  successor  Council
under section 75 of this Act.

Special
provisions
regarding
existing
member of
Hydrabad
Area Local
Government
Service.

348. (1)  Every  person  who  having  been  appointed  under  section  66  or
section  67  of  the  Hyderabad  District  Municipalities  Act,  1956,  to  the
Hyderabad  Area  Local  Government  Service  continues  on  and  after  the
appointed  day  to  serve  under  the  State  Government  shall  be  entitled  to
receive from the State Government the same conditions of service as respects
remuneration, leave and pension and the same rights as respects disciplinary
matters  or  rights  as  that  person  was  entitled  to  immeditely  before  the
appointed  day.

Bom.
XVIII of
1925.

Hyd.
XVIII of
1956.

(2)  The  State  Government  may  post  from  time  to  time  to  work  under
any  successor  Council  in  the  Hyderabad  area  of  the  State  such  number  of
officers  of  the  Hyderabad  Area  Local  Government  Service  aforesaid  as  it
considers  necessary.  Officers  posted  to  work  under  a  Council  shall  draw
their pay and allowances from the municipal fund. When any such officer is
posted to work under a Council, his services shall be taken over by the Council
on  such  post  and  on  such  terms  and  conditions  as  the  State  Government
may  by  general  or  special  order  determine.

Obligation to
carry out
certain duties
and functions
of existing
Councils.

349. Notwithstanding  anything  contained  in  section  49,  it  shall  be  the
duty of every successor Council to continue to carry out any duty or to manage,
maintain or look after any institutuion, establishment, undertaking, measure,
work or service, which the existing Council had been responsible for carrying
out, managing, maintaining or looking after immediately before the appointed
day, untill  the State Government by  order relieves the successor  Council of
such duty or function.

350. l[Power to appoint Administrator if special meeting cannot be held
on 1st January 1968 or, as the case may be, specified date to elect President
and  Vice-President.]

Power to
remove
difficulty.

351. If any difficulty arises in giving effect to the provisions of this Act,
the  State  Government  may,  as  the  occasion  requires,  by  order  do  anything
which appears to it to be necessary for the purpose of removing the difficulty:

Provided that, no order shall be made under this section after the expiry

of two years from  the appointed day.

1 Section 350 was deleted by Mah. 14 of 1966, s. 11.

1965 : Mah. XL]

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

241

1[SCHEDULE  I
(See sections 4 and 346)
(Municipal areas other than Nagar Panchayats and Industrial Townships)

Serial
No.
(1)

Name of smaller
urban area
(2)

Name of Municipal
Council
(3)

Name of
Districts
(4)

1 Ambarnath smaller urban area
2 Bhivandi Nizampur smaller

“A”  Class
. . Ambarnath Municipal Council
. . Bhivandi-Nizampur Municipal

Thane
Thane

urban area.

Council.

3 Mira-Bhyander smaller urban

. . Mira-Bhyander Municipal Council Thane

area.

4 Nala-sopara smaller urban area.
5 Navghar-Manikpur smaller

. . Nala-sopara Municipal Council
. . Navghar-Manikpur Municipal

Thane
Thane

urban area.

Council.

6 Virar smaller urban area
7
Panvel smaller urban area
8 Malegaon smaller urban area
9 Dhule smaller urban area

Jalgaon smaller urban area

10
11 Bhusaval smaller urban area
12 Ahmednagar smaller urban area
13
Satara smaller urban area
14 Barshi smaller urban area
Ichalkaranji smaller urban area
15
16
Jalna smaller urban area
17 Parbhani smaller urban area
18 Latur smaller urban area
19 Beed smaller urban area
20 Akola smaller urban area
21 Achalapur smaller urban area
22 Yavatmal smaller urban area
23 Wardha smaller urban area
24 Gondia smaller urban area
25 Chandrapur smaller urban area

. . Virar Municipal Council
. . Panvel Municipal Council
. . Malegaon Municipal Council
. . Dhule Municipal Council
. . Jalgaon Municipal Council
. . Bhusaval Municipal Council
. . Ahmednagar Municipal Council
. . Satara Municipal Council
. . Barshi Municipal Council
. . Ichalkaranji Municipal Council
. . Jalna Municipal Council
. . Parbhani Municipal Council
. . Latur Municipal Council
. . Beed Municipal Council
. . Akola Municipal Council
. . Achalapur Municipal Council
. . Yavatmal Municipal Council
. . Wardha Municipal Council
. . Gondia Municipal Council

Chandrapur Municipal Council

“ B” Class

1 Dahanu smaller urban area
2 Kulgaon smaller urban area
Palghar smaller urban area
3
4 Vasai smaller urban area
5 Khopoli smaller urban area
6 Chiplun smaller urban area
7 Ratnagiri smaller urban area
8 Manmad smaller urban area
9 Yeola smaller urban area

10 Nandurbar smaller urban area
11
Shahada smaller urban area
12 Dondaicha Varwade Smaller

. . Dahanu Municipal Council
. . Kulgaon Municipal Council
. . Palghar Municipal Council
. . Vasai Municipal Council
. . Khopoli Municipal Council
. . Chiplun Municipal Council
. . Ratnagiri Municipal Council
. . Manmad Municipal Council
. . Yeola Municipal Council
. . Nandurbar Municipal Council
. . Shahada Municipal Council
. . Dondaicha Varwade Municipal

urban area.

Council.

Thane
Raigad
Nashik
Dhule
Jalgaon
Jalgaon
Ahmednagar
Satara
Solapur
Kolhapur
Jalna
Parbhani
Latur
Beed
Akola
Amravati
Yavatmal
Wardha
Gondia
Chandrapur

Thane
Thane
Thane
Thane
Raigad
Ratnagiri
Ratnagiri
Nashik
Nashik
Nandurbar
Nandurbar
Dhule

13

Shirpur-Varwade smaller urban . . Shirpur-Varwade Municipal

Dhule

area.

Council.

14 Amalner smaller urban area
15 Chalisgaon smaller urban area
16 Chopda smaller urban area
17 Pachora smaller urban area
18
19

Shrirampur smaller urban area
Sangamner smaller urban area

. . Amalner Municipal Council
. . Chalisgaon Municipal Council
. . Chopda Municipal Council
. . Pachora Municipal Council
. . Shrirampur Municipal Council
. . Sangamner Municipal Council

Jalgaon
Jalgaon
Jalgaon
Jalgaon
Ahmednagar
Ahmednagar

1 Schedule I was substituted by G. N., U. D. D.,  No. GEN. 102001/CR.-70/2001/U.D.16,

dated the 10th September 2001.

242

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

[1965 : Mah. XL

“ B ” Class—contd.

(1)

(2)

(3)

20 Kopargaon smaller urban area
21 Baramati smaller urban area
22 Daund smaller urban area
23
24

Lonavala smaller urban area
Talegaon Dabhade smaller

. . Kopargaon Municipal Council
. . Baramati Municipal Council
. . Daund Municipal Council
. . Lonavala Municipal Council

Talegaon Dabhade Municipal

urban area.

Council.

Phaltan smaller urban area
Islampur smaller urban area

. . Karad Municipal Council
25 Karad smaller urban area
. . Phaltan Municipal Council
26
. . Islampur Municipal Council
27
. . Vita Municipal Council
28 Vita smaller urban area
Pandharpur smaller urban area
. . Pandharpur Municipal Council
29
Jayasingpur smaller urban area . . Jaysingpur Municipal Council
30
31
Silod smaller urban area
32 Gangakhed smaller urban area
33 Hingoli smaller urban area
34 Basmathnagar smaller urban

. . Silod Municipal Council
. . Gangakhed Municipal Council
. . Hingoli Municipal Council
. . Basmathnagar Municipal

area.

Council.

. . Udgir Municipal Council

35 Udgir smaller urban area
36 Osmanabad smaller urban area . . Osmanabad Municipal Council
37 Ambejogai smaller urban area
38 Manjlegaon smaller urban area
Parali Vaijanath smaller
39
urban area.

. . Ambejogai Municipal Council
. . Manjlegaon Municipal Council
. . Parali Vaijanath Municipal

Council.

40 Degloor smaller urban area
41 Buldhana smaller urban area
42 Chikhli smaller urban area
43 Khamgaon smaller urban area
44 Malkapur smaller urban area
45
46 Akot smaller urban area
47 Karanja smaller urban area
48 Washim smaller urban area
49 Anjangaon-Surji smaller

Shegaon smaller urban area

. . Degloor Municipal Council
. . Buldhana Municipal Council
. . Chikhli Municipal Council
. . Khamgaon Municipal Council
. . Malkapur Municipal Council
. . Shegaon Municipal Council
. . Akot Municipal Council
. . Karanja Municipal Council
. . Washim Municipal Council
. . Anjangaon-Surji Municipal

urban area.

Council.

(4)

Ahmednagar
Pune
Pune
Pune
Pune

Satara
Satara
Sangli
Sangli
Solapur
Kolhapur
Aurangabad
Parbhani
Hingoli
Hingoli

Latur
Osmanabad
Beed
Beed
Beed

Nanded
Buldhana
Buldhana
Buldhana
Buldhana
Buldhana
Akola
Washim
Washim
Amravati

50 Warud smaller urban area
51 Wani smaller urban area
52
Pusad smaller urban area
53 Kamptee smaller urban area
54 Umred smaller urban area
55 Hinganghat smaller urban area
56 Arvi smaller urban area
57 Bhandara smaller urban area
58
59 Ballarpur smaller urban area
60 Bhadravati smaller urban area
61 Warora smaller urban area
62 Gadchiroli smaller urban area

Tumsar smaller urban area

1
Jawhar smaller urban area
2 Alibag smaller urban area
3 Mahad smaller urban area
Pen smaller urban area
4
5 Roha smaller urban area
6 Uran smaller urban area
7 Murud Janjira smaller urban

area.

Amravati
Yavatmal
Yavatmal
Nagpur
Nagpur
Wardha
Wardha
Bhandara
Bhandara
Chandrapur
Chandrapur
Chandrapur
Gadchiroli

. . Warud Municipal Council
. . Wani Municipal Council
. . Pusad Municipal Council
. . Kamptee Municipal Council
. . Umred Municipal Council
. . Hinganghat Municipal Council

Arvi Municipal Council

. . Bhandara Municipal Council
. . Tumsar Municipal Council
. . Ballarpur Municipal Council
. . Bhadravati Municipal Council
. . Warora Municipal Council
. . Gadchiroli Municipal Council
“C”  Class
Thane
. . Jawhar Municipal Council
Raigad
. . Alibag Municipal Council
Raigad
. . Mahad Municipal Council
Raigad
. . Pen Municipal Council
Raigad
. . Roha Municipal Council
. . Uran Municipal Council
Raigad
. . Murud Janjira Municipal Council Raigad

Shriwardhan smaller urban area

8
9 Matheran smaller urban area

10 Karjat smaller urban area

Shriwardhan Municipal Council

. . Matheran Municipal Council
. . Karjat Municipal Council

Raigad
Raigad
Raigad

1965 : Mah. XL]

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

243

“ C ” Class—contd.

(1)

(2)

(3)

Sawantwadi smaller urban area . . Sawantwadi Municipal Council
Igatpuri smaller urban area

11 Khed smaller urban area
12 Rajapur smaller urban area
13 Malvan smaller urban area
14 Vengurla smaller urban area
15
16
17 Nandgaon smaller urban area
Sinnar smaller urban area
18
19 Trimbak smaller urban area
20 Bhagur smaller urban area
21
Satana smaller urban area
22 Taloda smaller urban area
23 Nawapur smaller urban area
24 Faizpur smaller urban area
25 Yawal smaller urban area
26 Rawer smaller urban area
27
Savda smaller urban area
28 Parola smaller urban area
29 Dharangaon smaller urban area
30 Erandol smaller urban area
1[30-A Jamner smaller urban area
31 Rahuri smaller urban area
32 Deolali Pravara smaller urban

. . Khed Municipal Council
. . Rajapur Municipal Council
. . Malvan Municipal Council
. . Vengurla Municipal Council

. . Igatpuri Municipal Council
. . Nandgaon Municipal Council
. . Sinnar Municipal Council
. . Trimbak Municipal Council
. . Bhagur Municipal Council
. . Satana Municipal Council
. . Taloda Municipal Council
. . Nawapur Municipal Council
. . Faizpur Municipal Council
. . Yawal Municipal Council
. . Rawer Municipal Council
. . Savda Municipal Council
. .
 Parola Municipal Council
. . Dharangaon Municipal Council.
. . Erandol Municipal Council
. . Jamner Municipal Council
. . Rahuri Municipal Council
. .

 Deolali Pravara Municipal

area.

Council.

33 Pathardi smaller urban area
34 Rahata smaller urban area
Shrigonda smaller urban area
35
Saswad smaller urban area
36
Jejuri smaller urban area
37
Indapur smaller urban area
38
39
Shirur smaller urban area
40 Alandi smaller urban area
41
Junnar smaller urban area
42 Bhor smaller urban area
43 Rahimatpur smaller urban area  . . Rahimatpur Municipal Council
44 Mahabaleshwar smaller urban

 Pathardi Municipal Council
. .
. .
 Rahata Municipal Council
. . Shrigonda Municipal Council
. .
 Saswad Municipal Council
. . Jejuri Municipal Council
. . Indapur Municipal Council
. . Shirur Municipal Council
. . Alandi Municipal Council
. . Junnar Municipal Council
. . Bhor Municipal Council

. . Mahabaleshwar Municipal

area.

Council.

45 Mhaswad smaller urban area
46 Wai smaller urban area
47 Panchgani smaller urban area
48 Tasgaon smaller urban area
49 Ashta smaller urban area
50 Karmala smaller urban area
51
Sangola smaller urban area
52 Akkalkot smaller urban area
53 Mangalwedha smaller urban

. . Mhaswad Municipal Council
 . . Wai Municipal Council
. . Panchgani Municipal Council
. .
 Tasgaon Municipal Council
. . Ashta Municipal Council
 . . Karmala Municipal Council
. . Sangola Municipal Council
. . Akkalkot Municipal Council
. . Mangalwedha Municipal

area.

Council

54 Maindargi smaller urban area
55 Dudhani smaller urban area
56 Kurduwadi smaller urban area
57 Panhala smaller urban area
58 Malkapur smaller urban area
59 Murgud smaller urban area
60 Vadgaon smaller urban area
61 Gadhinglaj smaller urban area
62 Kurundwad smaller urban area

. . Maindargi Municipal Council
. . Dudhani Municipal Council
. . Kurduwadi Municipal Council
. . Panhala Municipal Council
. . Malkapur Municipal Council
. . Murgud Municipal Council
. .
 Vadgaon Municipal Council
. . Gadhinglaj Municipal Council
. .

 Kurundwad Municipal Council

(4)

Ratnagiri
Ratnagiri
Sindhudurg
Sindhudurg
Sindhudurg
Nashik
Nashik
Nashik
Nashik
Nashik
Nashik
Nandurbar
Nandurbar
Jalgaon
Jalgaon
Jalgaon
Jalgaon
Jalgaon
Jalgaon
Jalgaon
Jalgaon]
Ahmednagar
Ahmednagar

Ahmednagar
Ahmednagar
Ahmednagar
Pune
Pune
Pune
Pune
Pune
Pune
Pune
Satara
Satara

Satara
Satara
Satara
Sangali
Sangali
Solapur
Solapur
Solapur
Solapur

Solapur
Solapur
Solapur
Solapur
Kolhapur
Kolhapur
Kolhapur
Kolhapur
Kolhapur

1 Entry 30-A was inserted by G. N., U. D. D., No. GEN-102000/1653/CR-128/2000/ UD-16,

dated the 28th October 2002.

H 4109—33

244

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

[1965 : Mah. XL

(1)

(2)

(3)

(4)

“ C ” Class—contd.

. . Kagal Municipal Council
63 Kagal smaller urban area
. . Kannad Municipal Council
64 Kannad smaller urban area
. . Paithan Municipal Council
65
Paithan smaller urban area
. . Vaijapur Municipal Council
66 Vaijapur smaller urban area
. . Khuldabad Municipal Council
67 Khuldabad smaller urban area
. . Gangapur Municipal Council
68 Gangapur smaller urban area
. . Ambad Municipal Council
69 Ambad smaller urban area
. . Bhokardan Municipal Council
70 Bhokardan smaller urban area
. . Partur Municipal Council
Partur smaller urban area
71
. . Manwat Municipal Council
72 Manwat smaller urban area
. . Sonpeth Municipal Council
Sonpeth smaller urban area
73
. . Purna Municipal Council
Purna smaller urban area
74
. . Sailu Municipal Council
Sailu smaller urban area
75
. . Jintur Municipal Council
Jintur smaller urban area
76
. . Pathri Municipal Council
77
Pathri smaller urban area
. . Kallamnuri Municipal Council
78 Kallamnuri smaller urban area
. . Billoli Municipal Council
79 Billoli smaller urban area
. . Umri Municipal Council
80 Umri smaller urban area
. . Mudkhed Municipal Council
81 Mudkhed smaller urban area
. . Kandhar Municipal Council
82 Kandhar smaller urban area
. . Hadgaon Municipal Council
83 Hadgaon smaller urban area
. . Dharmabad Municipal Council
84 Dharmabad smaller urban area
85 Kundalwadi smaller urban area . . Kundalwadi Municipal Council
86 Mukhed smaller urban area
87 Kinwat smaller urban area
88
Loha smaller urban area
89 Ahmedpur smaller urban area
90 Nilanga smaller urban area
91 Ausa smaller urban area
92
Tuljapur smaller urban area
93 Umerga smaller urban area
94 Bhoom smaller urban area
95
96 Murum smaller urban area
97 Naldurg smaller urban area
98 Kallam smaller urban area
99 Georai smaller urban area
100 Dharur smaller urban area
101

. . Mukhed Municipal Council
. . Kinwat Municipal Council
. . Loha Municipal. Council
. . Ahmedpur Municipal Council
. . Nilanga Municipal Council
. . Ausa Municipal Council
. . Tuljapur Municipal Council
. . Umerga Municipal Council
. . Bhoom Municipal Council
. . Paranda Municipal Council
. . Murum Municipal Council
  . . Naldurg Municipal Council
. . Kallam Municipal Council
. . Georai Municipal Council
. . Dharur Municipal Council
. . Jalgaon Jamod Municipal

Paranda smaller urban area

Jalgaon Jamod smaller
urban area.

Council.

102 Mehkar smaller urban area
103 Nandura smaller urban area
104 Deulgaon Raja smaller urban

. . Mehkar Municipal Council
. . Nandura Municipal Council
. . Deulgaon Raja Municipal

105
106

area.
Lonar smaller urban area
Sindhkhed Raja smaller urban
area.

107 Murtizapur smaller urban area
108 Balapur smaller urban area
Telhara smaller urban area
109
110
Patur smaller urban area
111 Mangrulpir smaller urban area
112 Risod smaller urban area
113 Morshi smaller urban area
114 Daryapur smaller urban area
115 Chandur Railway smaller

 Council.

. . Lonar Municipal Council
. . Sindhkhed Raja Municipal

Council.

. . Murtizapur Municipal Council
. . Balapur Municipal Council
. . Telhara Municipal Council
. . Patur Municipal Council
. . Mangrulpir Municipal Council
. . Risod Municipal Council
. . Morshi Municipal Council
. . Daryapur Municipal Council
. . Chandur Railway Municipal

urban area.

Council.

Kolhapur
Aurangabad
Aurangabad
Aurangabad
Aurangabad
Aurangabad
Jalna
Jalna
Jalna
Parbhani
Parbhani
Parbhani
Parbhani
Parbhani
Parbhani
Hingoli
Nanded
Nanded
Nanded
Nanded
Nanded
Nanded
Nanded
Nanded
Nanded
Nanded'
Latur
Latur
Latur
Osmanabad
Osmanabad
Osmanabad
Osmanabad
Osmanabad
Osmanabad
Osmanabad
Beed
Beed
Buldhana

Buldhana
Buldhana
Buldhana

Buldhana
Buldhana

Akola
Akola
Akola
Akola
Washim
Washim
Amravati
Amravati
Amravati

116 Chandur Bazar smaller

. . Chandur Bazar Municipal

Amravati

urban area.

Council.

117 Dhamangaon smaller

. . Dhamangaon Municipal

Amravati

urban area.

Council.

1965 : Mah. XL]

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

245

(1)

(2)

(3)

(4)

“ C ” Class—concld.

Shendurjana smaller urban area

118
. . Shendurjana Municipal Council
119 Chikhaldara smaller urban area . . Chikhaldara Municipal Council
120 Digras smaller urban area
121 Darwha smaller urban area
122

. . Digras Municipal Council
. . Darwha Municipal Council
. . Pandharkawada Municipal

Pandharkawada smaller urban
area.

123 Umarkhed smaller urban area
124 Ghatanji smaller urban area
125 Ramtek smaller urban area
126 Khapa smaller urban area
127 Kalmeshwar smaller urban area
128 Mowad smaller urban area
129
Saoner smaller urban area
130 Katol smaller urban area
131 Narkhed smaller urban area
132 Mohpa smaller urban area
133
134 Deoli smaller urban area
Sindi smaller urban area
135
Paoni smaller urban area
136
137
Tirora smaller urban area
138 Rajura smaller urban area
139 Mul smaller urban area
140 Brahmapuri smaller urban area
141 Desaiganj smaller urban area

Pulgaon Smaller urban area

Council.

. . Umarkhed Municipal Council
. . Ghatanji Municipal Council
. . Ramtek Municipal Council
. . Khapa Municipal Council
. . Kalmeshwar Municipal Council
. . Mowad Municipal Council
. . Saoner Municipal Council
. . Katol Municipal Council
. . Narkhed Municipal Council
. . Mohpa Municipal Council
. . Pulgaon Municipal Council
. . Deoli Municipal Council
. . Sindi Municipal Council
. . Paoni Municipal Council
. . Tirora Municipal Council
. . Rajura Municipal Council
. . Mul Municipal Council
. . Bramhapuri Municipal Council
. . Desaiganj Municipal Council

Amravati
Amravati
Yavatmal
Yavatmal
Yavatmal

Yavatmal
Yavatmal
Nagpur
Nagpur
Nagpur
Nagpur
Nagpur
Nagpur
Nagpur
Nagpur
Wardha
Wardha
Wardha
Bhandara
Gondia
Chandrapur
Chandrapur
Chandrapur
Gadchiroli

1[ SCHEDULE IA

(See section  100A)

Application  of  the  Bombay  Government  Premises  (Eviction)  Act,  1955
(Bom.  II  of  1956)  and  the  rules  made  thereunder  from  time  to  time,
to  municipal  premises  in  specified  municipal  areas  in  the  State,  with
certain  modifications.

With  effect  from  such  date  and  in  such  municipal  areas  as  the  State
Government  may  by  notification  in  the Official  Gazette,  from  time  to  time,
specify,  under  section  100A,  the  Bombay  Government  Premises  (Eviction)
Act,  1955  (Bom.  II  of  1956)  and  the  rules  made  thereunder,  from  time  to
time,  shall, mutatis  mutandis,  apply  to  municipal  premises  in  the  said
municipal  areas,  subject  to  the  following  modifications,  namely  :—

1.

In  section  2,  after  clause  (a),  there  shall  be  inserted  the  following

clause, namely :—

“ (aa) “ Municipal Council ” or “ Council ” means a Municipal Council
constituted  or  deemed  to  be  constituted  under  the  Maharashtra
Municipalties Act, 1965 (Mah. XL of 1965) and which is specified under
section 100A of that Act, and “ municipal premises ” means any premises
belonging to or taken on lease by or on behalf of such Council ; ”.

2. For  section  3,  there  shall  be  substituted,  the  following  section,

namely :—

“ 3. The State Government may, by notification in the Official Gazette,
appoint an officer who is holding or has held an office, which in its opinion
is not lower in rank than that of Deputy Collector or Executive Engineer,

1 Schedule IA was inserted by Mah. 11 of 1993, s. 12.

(GCP)  H  4109—34  (4742—6-2016)

246

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

[1965 : Mah. XL

to be a competent authority for the purposes of this Act for such municipal
areas  or  parts  thereof  and  for  all  or  any  classes  of  municipal  premises
therein as may be specified in such notification, and more than one officer
may be appointed as competent authority in the same area in respect of
all municipal premises or different classes of municipal premises in that
area. ”.

3.

In the Act, except in section 3 and 12, and in the rules made under the
Act, references to “ the State Government ” and “ Government ” shall  be deemed
to  be references  to  “ the  Municipal Council  ”  and references  to   “  Government
premises ” shall be deemed to be references to “ municipal premises ”.]

SCHEDULE  II

(See section  130)

Form of Notice of Transfer to be given when the Transfer has

been effected by Instrument.

To,

THE  CHIEF  OFFICER,

_______________  Council.

I, A.B., hereby give notice as required by section 130 of the Maharashtra

Municipal  Councils, Nagar  Panchayats  and  Industrial  Townships  Act,
1965,  of  the  following  transfer  of  property :—

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DESCRIPTION OF THE PROPERTY

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Dated  .................

(Signed)...................

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1965 : Mah. XL]

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

247

SCHEDULE  III

(See section  130)

Form of Notice of Transfer to be given when the Transfer has

taken place  otherwise than  by Instrument.

To,

THE  CHIEF  OFFICER,

_______________  Council.

I, A.B., hereby give notice as required by section 130 of the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965,
of  the  following  transfer  of  property :—

DESCRIPTION OF THE PROPERTY

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Dated  .................

(Signed)...................

H 4109—34a

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
248

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

[1965 : Mah. XL

SCHEDULE  IV
[Deleted by Mah. 10 of 2010, s. 110.]
SCHEDULE  V.
(See section  152)
Form  of  Warrant.

..............................................................................................................................

(Here  insert  the  name  of  the  officer  charged  with  the  execution  of  the

warrant.)

* Here
describe the
tax.

Whereas A.B of, __________ has not paid 1 [* * *] the sum of ____________
due  for  the  tax*        mentioned  in  the  margin  for  the  period  _______________
commencing on the ______ day of ________ 19  , and ending with the _____

d

a

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_

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2[the sum so due has not been paid by the date specified in

the bill presented to him for the same] ;
distrain
attach

This is to command you to ———— subject to the provisions of section

152  of  the  Maharashtra  Municipal  Councils, Nagar  Panchayats  and

Industrial Townships Act,  1965  —————————   of  the said A.B. to

the goods and chattle
any property

the amount of ............ being the amount due from him as follows :—

Rs.     P.

On account of the said tax . .

For  service  of  notice

For  issue of  warrant

. .

. .

and forthwith to certify to me together with this warrant all particulars of

the  ————————  by you thereunder.

goods distrained
property attached

Dated this                     day of                             19

.

(Signed) .....................

Chief  Officer.

SCHEDULE  VI.

[See clause (c) of section 155 and sub-section (1) of section 141]

Form  of Inventory  and  Notice.

To

A.B. ........................................ residing at .................................. Take a notice

that I have this day ———— the goods  and ———— specified in the inventory

distrained
attached

chattels
property

1

2

The  words  “ and  has  not  shown  satisfactory  cause  for  the  non-payment  of ”  were
deleted by Mah. 10 of 2010, s. 111 (1).
These  words  were  substituted  for  the  portion  beginning  with  the  words  “fifteen
days” and ending with the words “the same” by Mah. 10 of 2010, s. 111.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
249

* Here
describe the
tax.

1965 : Mah. XL]

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

beneath this, for the value of ...................... due for the tax* mentioned in the
margin for the period commencing with the ....................... day of ............. 19   ,
and ending with the ............. day of ............. 19 .........,          together with Rs.........
due as for service of notice 1[* *] and Rs. .................. due as for issue of warrant
and that unless within five days from the day of the date of this notice you  pay
into the municipal office at ............... the said amount together with the costs of

recovery, the said ————————  will be sold.

goods and chattle
property

Dated this                      day of            19

                                       Signature of Officer ——————————

executing the warrant.
collecting octroi or toll.

Inventory.

(Here state particulars of  ———————  seized)

goods and chattle
property

SCHEDULE  VII.

(See  section  280)

Purposes for which any premises shall not be used without a licence.

(1)

for boiling or storing offal, blood, bones or rags,

(2)

for salting, curing or storing fish,

(3)

for  tanning,

(4)

for  the  manufacture  of  leather  or  leather  goods,

(5)

for  dyeing,

(6)

for  melting  tallow  or  sulphur,

(7)

for washing or drying wool or hair,

(8)

for  manufacturing  or  preparing,  by  any  process  whatever,
bricks,  pottery  or  lime,

(9)

for soap making,

(10)

for  oil-boiling  or  oil  extracting,

(11) as a manufactory of sago,

(12) as  a  distillery,

(13) as a manufactory of snuff,

(14)

for  manufacturing  fire-works,

(15) as a hair dressing saloon or a barber’s shop or hamamkhana.

(16) as  a  manufactory  or  place  of  business  of  any  other  kind,  from
which  offensive  of  unwholesome  smells  arise  or  which  may
involve the risk of fire and is or is likely to become by reasons of
such use and of its situation a nuisance to the neighbourhood.

Explanation.—For the purpose of item (16), nuisance shall include any
contamination of the atmosphere whereby a deposit of soot is caused or any
mechanical  noise.

1

The words “of demand” were deleted by Mah. 10 of 2010, s. 112.

250

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

[1965 : Mah. XL

SCHEDULE  VIII

[See sub-section (1) of section 281]

Articles which shall not be kept in or upon any premises without a licence.

(1) dynamite,
(2) blasting  powder,
(3) fulminate  of  mercury,
(4) gun-cotton  or  gun  powder,
(5) nitro-glycerine,
(6) phosphorus.

SCHEDULE  IX

[See sub-section (2) of section 281]

PART I

Articles which shall not be kept without a licence in or upon any

premises in quantities  exceeding at any one  time the respective
maximum  quantities  hereunder  specified  opposite  such  articles.

Article

Maximum quantity which
may be kept at any one
time  without  a  licence.

}

. .
(1) Bamboos
. .
(2) Bidi  leaves
. .
(3) Camphor
. .
(4) Celluloid
(5) Celluloid  goods
. .
(6) Cinematograph  film . .
(7) Copra
. .
(8) Cotton  refuse  and  waste
. .
(9) Cotton  seed

. .
. .
. .
. .
. .
. .
. .
. .
. .
(10) Dry  leaves  (Patravali,  etc.) . .
. .
. .
(11)
Fish  (dried)
. .
(12) Gun-powder
. .
. .
(13) Matches  for  lighting . .

(14) Methylated  spirit  and  denatured

(15)
(16)

spirit.
. .
Paints
Petroleum  as  defined  in  the. .
Petroleum  Act,  1934

. .

(17) Oil  (other  sorts)
(18) Oil  seeds  other  than  cotton  seed
(l9) Oil  paper  (waste)  including

. .

. .

newspapers,  periodicals,  magazines,
etc.

Sulphur
Tat, pitch, dammer or bitumen
Turpentine

(20) Rags
(21)
(22)
(23)
(24) Varnish
(25) Wool  (raw)

. .
. .

. .
. .
. .

. .
. .

. .
. .
. .

500 kg.
50 kg.
2 kg.

25 kg.

1 kg.
50 kg.
50 kg.
200 kg.
25 kg.
500 kg.
500 gms.
1 gross
boxes.
5 litres.

50 kg.
25 litres.

25 litre.

500 kg.
50 kg.

500 kg.
2 kg.
5 kg.
5 liters.
10 liters.
50 kg.

1965 : Mah. XL]

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

251

SCHEDULE  IX—contd.

PART  II

Articles which shall not be kept without a licence in or upon any
premises  for  sale  or  for  purposes  other  than  domestic  use.

(1) Bones.

(12) Hay  and  fodder.

(2) Coconut  fibre.

(13) Hemp.

(3) Charcoal.

(14) Hessain cloth (Gunny bag cloth).

(4) Coal.

(5) Coke.

(6) Fat.

(7) Firewood.

(8) Fireworks.

(9) Grass  (Dry).

(10) Gunny bags.

(11) Hair.

(15) Hides  (dried).

(16) Hides  (raw).

(17) Hoofs.

(18) Horns.

(19) Khokas or wooden boxes or barrels

(manufacturing  and  storing).

(20) Skins.

(21) Timber.

GOVERNMENT CENTRAL PRESS, MUMBAI

252

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

[1965 : Mah. XL

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 2363 26 93, 2363 06 95,
2363 11 48, 2363 40 49

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 261 25 808, 261 28 920

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 25226 15

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 233 14 68, 233 15 25

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-265 03 95, 265 04 02

AND THE RECOGNISED BOOKSELLERS

