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GOVERNMENT  OF  MAHARASHTRA 

LAW  AND  JUDICIARY DEPARTMENT 

MAHARASHTRA ACT No. XX OF 1987. 

THE  MAHARASHTRA  LOCAL  AUTHORITY 
MEMBERS'  DISQUALIFICATION 
ACT,  1986. 

(As modified  upto  the  21st  January 2014) 

: 

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AND 

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THE  MAHARASHTRA  LOCAL AUTHORiTY  MEMBERS' 
DISQUALIFICATION  ACT,  1986 

PREAMBLE. 

SECTIONS. 

CONTENTS 

1. 

2. 

3. 

Short  title  and  commencement. 

Definitions. 

Disqualification  on  ground  of  defection. 

3A.  Disqualification  for  appointment  on  remunerative  political  post. 

4. 

5. 

DeletedJ 

Disqualification  on  ground  of  defection  not  to  apply  in  case  of 

merger. 

6 . 

Councillor  or  member  to  vacate  office  or  not  to  hold  office  afler 

merger. 

7 . 

8. 

9. 

Decision  on  question  as  to  disqualification  on  ground  of  defection. 

Bar  of  jurisdiction  of  civil  courts,  etc. 

Rules. 

lo.  Act  to  have  overriding  effect,  but  shall  be  in  addition  to  existing 

local  authority  laws. 

i i .  Amendment  of  certain  enactments. 

SCHEDULE 

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1987 :  Mah. XXJ 

Maharashtra  Local Authority  Members  ' 
Disqualification  Act,  1986 

MAHARASHTRA  ACT  No. XX OF  19871 

T 

MAHARASHTRA  LOCAL  AUTHORITY  MEMBERS '  DISQUALIFICATION  ACT,  i 986J 

(This Act received the  assent  of the  Governor  on  the 28th  July  i987;  assent was first 
published in the Maharashtra Government Gazette, Part IV,  Extraordinary on the 29th April 
i987). 

Amended by Mah. 8  of i997 (29-4-i996)t 
50 of 2006 (i9i02006)t* 

An act to provide for disqualification of members of certain local authorities on ground of 

defection  and for  matters incidental  and  connected therewith. 

WHEREAS  it  is  expedient  to  provide  for  disqualification  of  members  of certain 
local  authorities  on  the  ground  of  defection  and  for  matters  incidental  and  connected 
therewith;  It  is  hereby  enacted  in  the  Thirty-seventh  Year  of  the  Republic  of  India  as 
follows :- 

i.  (1)  This  Act  may  be  called  the  Maharashtra  Local  Authority  Members'  Short 
DisqualificationAct,  i986. 

(2)  It shall come  into force on such  date2 as  the State Government  may,  by 

notification in the Official Gazette,  appoint. 

title 

and 
Commence- 
ment. 

2.  In this Act, unless the context otherwise requires,- 

Definitions. 

(a)  " aghadi "  or " front  " means a group ofpersons who have formed themselves into 

a party for the purpose of setting up  candidates for election to a  local authority; 

Mah. 
XLI 

(b)  "  Collector " means the Collector ofa district; 

(c)  "Commissioner"  means  the  Commissioner  of  a  revenue  division  appointed 

1966. 

under section 6 of  the Maharashtra Land Revenue Code,  i966; 

(cl)  "Councillor  "  means  a  councillor  of a  Municipal  Corporation,  or  a  Municipal 

Council,  or a  Zilla Parishad; 

(e)  " local authority "  means- 

(i)  a  Municipal Corporation, 
(ii)  a  Municipal Council, 

(iii)  a  Zilla Parishad,  or 

(iv)  a  Panchayat Samiti; 

i  For  Statement  of  Objects  and  Reasons,  See  Maharashtra  Government  Gazette,  1987, 

Extraordinary,  Part  \Ç  Page  585. 

1-  This  indicates  the  date  of  commencement  of  the  Act. 
*  Maharashtra  Ordinance  No.  XI  of  2006  was  repealed  by  Mah.  50  of  2006, 

s  6. 

2  ist  November  1987  (vide  G  N.,  R.  D.  D.,  No.  ZPA.  1086/Cr-875/04,  dated  the  29th  October  1987.) 

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2 

Maharashtra  Local Authority  Members' 
Disqualification  Act,  1986 

11987:  Mah. XX 

"member"  means  a  member  of  a Panchayat Samiti; 

(g)  "  Municipal  Corporation  "  means  a  Municipal  Corporation  constituted  under  a 

relevant  municipal  law 

(h)  "  Municipal  Council  "  means  a  Municipal  Council  constituted  under  the  Mah. 
XL  of 
1965. 

Maharashtra Municipalities  Act  1965*  . 

(i)  "  municipal party  ",  in relation to  the  councillor belonging  to  any political  party or 

aghadi  or  front  in  accordance  with  the  Explanation  to  section  3,  means 

(i)  in the  case  of a  councillor  of a Municipal  Corporation,  the  group  consisting  of 
all  councillors  of  the  Municipal  Corporation  for  the  time  being  belonging  to  that 
political  party  or  aghadi  or  front  in  accordance  with  the  said Explanation 

(ii)  in the  case  of a  councillor  of a  Municipal  Council,  the  group  consisting of all 
the councillors  of the Municipal  Council  for the  time  being belonging  to  that political 
party  or  aghadi  or  front  in  accordance  with  the  said  Explanation 
(i )  "  original  political  party",  in  relation  to  a  councillor  or  a  member,  means  the 
political  party  to  which  he  belongs  for  the  purposes  of  sub-section  (1)  of 
section  3 

(k)  "Panchayat  Samiti  "  means  a  Panchayat  Samiti  constituted  under  the  Mah. 

Maharashtra Zilla Parishads  and  Pancahyat  Samitis Act,  i 96 1  ; 

(1)  "Panchayat Samiti  party  ",  in  relation  to  a  member  belonging  to  any  political 
party  or  aghadi  or  front  in  accordance  with  the  Explanation  to  section  3 ,  means  the 
group consisting  of  all  the  members  of the  Panchayat Samiti  for the  time  being belong- 
ing to  that  political party  or  aghadi  or  front  in accordance  with the  said Explanation 

(m)  "  relevant municipal  law  ",- 

(i)  in  relation  to  the  Municipal  Corporation  of  Greater  Bombay,  means  the  Born. 
I8o8f 

**  Bombay  Municipal  Corporation Act; 

(ii)  in  relation  to  the  Corporation  of  the  City  of  Nagpur,  means  the  City  of  C.  P. 

Nagpur Corporation Act,  i 948  ; 

Berar 
II  of 
1950. 

Bombay  Provincial Municipal  Corporations Act,  i 949  ; 

(iii)  in  relation  to  the  Municipal  Corporation  of  any  other  City,  means  the  Born 
LIX 
of 
1949. 

(n)  "  Schedule  "  means  the  Schedule  appended  to  this  Act; 

(o)  "  Zilla  Parishad "  means  a  Zilla  Parishad  constituted  under  the  Maharashtra  M  ah. 
V  of 
1962. 

Zilla Parishads  and Panchayat  Samitis  Act  i 96 1 

*  Now  see  the  Maharashtra  Municipal  Councils,  Nagar Panchayats  and  Industrial  Townships 

Act,  1965. 

**  Now  see  the  Murnbai  Municipal  Corporation  Act. 

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1987 :  Mah. XXJ 

Maharashtra  Local Authority  Members  ' 
Disqualification  Act,  1986 

3 

(p)  "  Zilla  Parishad  party  ",  in  relation  to  a  councillor  of  a  Zilla  Parishad 
belonging  to any political party or aghadi  or front in accordance with the Explanation 
to  section  3 ,  means the  group  consisting of all  the  members of the  Zilla Parishad for 
the time being belonging  to that  political party  or aghadi  or front  in accordance  with 
the  said  Explanation. 

3.  (1)  Subject  to  the  provisions  of 

section  5J ,  a  councillor  or a  member  belonging  Disqualifica- 

to  any political party  or  aghadi  or  front  shall  be  disqualified for  being  a  councillor  or a  tion  on 
member 

ground  of 
defection. 

(a)  if he has voluntarily  given up  his  membership  of such political party or  aghadi 

or  front;  or 

(b)  if he votes  or abstains  from voting in any  meeting of a Municipal  Corporation, 
Municipal  Council,  Zilla Parishad or,  as  the case  may  be,  Panchayat Samiti  contrary 
to  any  direction issued  by  the  political  party  or  aghadi  or  front  to  which  he belongs 
or  by  any  person  or  authority  authorised  by  any  of  them  in  this  behalf,  without 
obtaining,  in either case,  the prior permission of such  political party or  aghadi or  front, 
person  or  authority  and  such  voting  or  abstention  has  not  been  condoned  by  such 
political party  or aghadi  or front,  person  or authority within fifteen days  from the date 
of  such  voting  or  abstention 

Provided that,  such voting  or abstention without prior permission  from  such party 
or aghadi  or front,  at election of any office, authority or committee  under any relevant 
municipal law or the Maharashtra Zilla  Parishads and Panchayat Samitis Act,  196 1  shall 
not  be  condoned  under  this  clause; 

ah . 

1962. 

Explanation.-For  the  purposes  of  this  section- 

(a)  a  person  elected  as  a  councillor,  or  as  the  case  may  be,  a  member  shall  be 
deemed  to  belong  to  the  political  party  or  aghadi  or  front,  if any,  by  which  he  was 
set  up  as  candidate  for  election  as  such  councillor  or  member 

(b)  a  nominated 2councillorJ  shall 

(i)  where  he  is  a  member  of  any political  party  or  aghadi  or  front  on  the  date 
*  *  be  deemed  to belong  to  such political party  or  aghadi 

of his  nomination, 
or front, 

(ii)  in  any  other  case,  be  deemed  to  belong  to  the  political party  or  aghadi  or 
front of which  he becomes,  or as  the  case  may be,  first becomes  a  member  of such 
party or aghadi  or front before  the expiry of six  months from  the date  on which  he 
is  nominated 

*  *  *  * 

i 

This  word  and  figure  was  substituted  for  the  words  and  figures  "  sections  4  and  5"  by  Mah.  50 

of  2006,  s.  2(a)(1). 

2  The  word  "  councillor "  was  substituted  for  the  words  "  or  co-opted  councillor  or  member  ", 

¡bid,  s.  2(a)  (2)  (A)  (i). 

3  The  words  "  or  as  the  case  may  be,  co-option  as  such  councillor,  or  as  the  case  may  be,  member" 

were  deleted,  ¡bid,  s.  2(a)  (2)  (A)  (ii). 

4  The  words  "  or  co-opted  as  such  councillor,  or  as  the  case  may  be,  member"  were  deleted, 

¡bid,  s.  2(a)  (2)  (A)  (iii). 

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4 

Maharashtra  Local Authority  Members' 
Disqualification  Act,  1986 

11987:  Mah. XX 

(1) 

1 

* 

* 

* 

* 

(2)  An  elected  councillor,  or  as  the  case  may  be,  member  who  has  been  elected 
as  such  otherwise  than as  a  candidate  set  up  by  any  political party  or  aghadi  or  front 
shall  be  disqualified  for  being  a  councillor,  or  as  the  case  may  be,  a  member  if he 
joins  any  political  party  or  aghadi  or  front  afler  such  election. 

2 

( 3) 

* 

* 

* 

(4)  Notwitstanding  anything  contained  in the  foregoing  provisions  of this  section 
a person  who  on  the  commencement of this  Act,  is  a councillor,  or  as  the  case  may  be, 
*  *  *  *  as  such  councillor  or  member) 
a  member  (whether  elected  or  nominated 
shall- 

(a)  where  he  was  a  member  of a  political party  or  aghadi  or  front  immediately 
before  such  commencement,  be  deemed,  for  the  purposes  of  sub-section  (1),  to 
have  been elected  as  a  councillor,  or  as  the  case  may  be,  a  member  as  a  candidate 
set  up  by  such  political  party  or  aghadi  or  front; 

(b)  in  any other  case,  be  deemed  to  be  an  elected  councillor,  or  as  the case  may 
be,  member  who  has  been  elected  as  such otherwise  than as  a  candidate  set  up  by 
any  political  party  or  aghadi  or  front  for  the  purpose  of  sub-section  (2) 

*  *  * 

. 

5 

Disqualifica- 
3A.  A councillor  or,  as  the  case  may  be,  a  member  belonging  to  any  political 
tion  for 
appointment  party,  aghadi  or  front  who  is  disqualified  for  being  a  councillor  or,  as  the  case  may 
on  remunera- 
tive  political  be,  a  member  under  section  3  shall  also  be  disqualified  to  hold  any  remunerative 
post. 
political  post  for  duration  of the  period commencing  from  the  date  of his  disqualifica- 
tion  till the  date  on which  the term  of his  office  as  such  councillor  or,  as  the  case  may 
be,  a  member  expires  or  till  the  date  on  which  he  contests  an  election  to  a  local 
authority  and  is  declared  elected,  whichever is  earlier. 

. 

. 

. 

. 

. 

Explanation.-For  the  purpose  of  this  section,  the  expression  "  remunerative 

political post"  means  any  office,- 

(i)  under the  State  Government  where  the salary  or  remuneration  for  such  office 
is  paid  out  of the  public  revenue  of the  State  Government  or  Consolidated  Fund  of 
the  State  ;  or 

i  Clause  (c)  was  deleted  by  Mah.  50  of 2006,  s.  2(b). 
2  Sub-section  (3)  was  deleted  ¡bid,  s.  2(b). 
3  The  words  "or  co-opted "  were  deleted,  ¡bid,  s.  2(c)(J). 
4  The  words  "  or  as  the  case  may  be,  be  deemed  to  be  a  nominated  or  co-opted  councillor,  or  as  the 

case  may  be,  a  member  for  the  purposes  of sub-section  (3)  "  were  deleted,  ¡bid,  s.  2 (c)(2). 

5  Section  3A was  inserted,  ¡bid,  s.  3. 

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1987: Mah. XXI 

Maharashtra  Local Authority  Members' 
Disqualification  Act,  1986 

5 

(ii)  under  a body,  whether incorporated  or  not,  which  is wholly  or partially  owned 
by  the  State  Government  and  the  salary  or  remuneration  for  such  office  is  paid  by 
such  body;  or 

(iii)  under  a  local  authority,  where  the  salary  or  remuneration  for  such  office  is 

paid  by  the  local  authority  out  of  such  local  authority's  fund, 

except  where  such  salary  or  remuneration  paid  is  compensatory in  naturel. 
41 

* 

* 

* 

* 

5.  (1)  A  councillor  or  a  member  shall  not  be  disqualified  under  sub-section  (1)  of  Disqualifi- 

section  3  where  his  original  political  party  or  aghadi  or  front  merges  with  another 
political  party  or  aghadi  or  front  and  he  claims that  he  and  any  other  members  of  his 
original  political  party  or  aghadi  or  front- 

apply  in 
case  of 
(a)  have  become  members  of  such  other  political  party,  or  aghadi  or  front  or  as  merger. 

the  case  may  be,  of a  new  political  party  formed  by  such  merger;  or 

(b)  have  not  accepted  the  merger  and  opted  to  function  as  a  separate  group,  and 
from  the  time  of  such  merger,  such  other  political  party  or  new  political  party  or 
aghadi  or  front  or  group,  as  the  case  may  be,  shall  be  deemed  to  be  the  political 
party  or  aghadi  or  front  to  which  he  belongs  for  the  purpose  of  sub-section  (1)  of 
section  3  and  to be  original  political  party  or  aghadi  or front  for  the  purpose  of this 
sub-section. 

(2)  For  the  purposes  of  sub-section  (1),  the  merger  of the  original  political  party  or 
aghadi  or  front  of  a  councillor,  or  as  the  case  may  be,  a  member  shall  be  deemed  to 
have  taken  place  if,  and  only  if,  not  less  than  two-thirds  of  the  members  of  municipal 
party,  Zilla  Parishad  party,  or  as  the  case  may  be,  Panchayat Samiti  party,  concerned, 
have  agreed  to  such  merger. 

section  51,  shall- 

6.  A  councillor,  or  as  the  case  may  be,  member  claiming  2  merger  referred  to  in  Councillor 
or  Member 
to  vacate 
office  or 

. 

(a)  if holding any office  other  than such  councillor or  member under  any relevant  not to  hold 
ffice  after 

municipal  law,  or  as  the  case  may be,  the  Maharashtra Zilla Parishads  and  Panchayat 
Samitis  Act,  i 96 1  shall  be  deemed  to  vacate  such  office  on  the  date  of  such 
merger  and  shall,  on  and  from  that  date,  cease  to  hold  such  office. 

*  *  *  merger. 

3 

. 

. 

M ah . 
Vof 
i 9 62 . 

ii 

* 

* 

* 

i  Section  4  was  deleted,  by  Mah.  50  of  2006,  s.  4. 
2  These  words  and  figure  were  substituted  for  the  words  and  figures  "  such  split  or  merger  as 

referred  to  in  section  4  or  5  as  the  case  may  be"  by  Mah.  50  of  2006,  s.  5(a). 

3  The  words  "  split  or  "  were  deleted,  ¡bid,  s.  5(b). 
4  Clause  (b)  was  deleted  by  Mah.  8  of  1997,  s.2. 
5  The  words  "split  or"  were  deleted,  by  Mah.  50  of  2006,  s.  5(c). 

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6 

Decision  on 
question  as 
to  disqualifi- 
cation 
on 
of 
ground 
defection. 

Maharashtra  Local Authority  Members' 
Disqualification  Act,  1986 

11987:  Mah. XX 

7  Jf any  question  arises  as  to  whether,- 

(a)  a  councillor  of  a  Municipal  Corporation  ;  or 

(b)  a  councillor  of  a  Municipal  Council;  or 

(c)  a  councillor  of  a  Zilla  Parishad;  or 

(cl)  a  member  of  a  Panchayat Samiti, 

has  become  subject  to  disqualification  under  this  Act,  the  question  shall  be 

referred- 

(i)  in the  case  of a  councillor  of  a  Municipal  Corporation,  to  the  Commissioner, 

and 

(ii)  in  the  case  of  any  other  councillor  or  member,  to  the  Collector;  and 

the  decision of the  Commissioner,  or as  the  case  may  be,  Collector  shall  be  final. 

Juris- 

B 
of  ............................... 
diction 
civil  courts  Maharashtra  Municipalities  Act,  1965 
etc . 

8.  Notwithstanding  anything  contained  in  any  relevant  municipal  law,  of  the  M ah. 
XL  of 
,  or  the  Maharashtra  Zilla  Parishads  and  1965 
'  Panchayat  Samitis  Act,  i 96 1 ,  no  civil  court  and  no  other  authority or  officer  shall  have  M ah. 

. 

. 

any  jurisdiction  to  deal  with  or  decide  any  question  as  to  disqualification  of  a 
councillor  or  a  member  on  the  ground  of  defection  or  as  to  any  matter  connected 
therewith,  which  the  Commissioner  or  the  Collector  is  empowered  to  deal  with  and 
decide  under  section  7  ;  and  no  injunction  shall  be  granted  by  any  civil  court  or  any 
authority  or  officer  in  respect  of any  action  taken  or  to  be  taken by  the  Commissioner 
or  Collector  in pursuance  of any  power  conferred  on him  by  or  under  this  Act. 

Rules. 

9.  (1)  The  State  Government  may,  by  notification  in the  Official  Gazette,  make  rules 

for  carrying  out  the  purposes  of  this  Act. 

(2)  In  particular and  without  prejudice  to the  generality  of the foregoing  power,  such 

rules  may  provide for  all  or  any of the  following  matters,  namely :- 

(a)  the  maintenance of registers  or  other records  as  to  the political  parties,  aghadi 
or  fronts,  if any,  to  which  different  councillors,  or  as  the  case  may  be,  members 
belong; 

(b)  the  report which  the  leader  of a  municipal  party  or a  Zilla  Parishad party,  in 
relation  to  a  councillor  and  the  leader  of  a  Panchayat Samiti  party  in  relation to  a 
member  shall  furnish  with  regard  to  any  condonation  of  the  nature  referred  to  in 
clause  (b)  of  sub-section  (1)  of  section  3  in  respect  of  such  councillor,  or  as  the 
case  may  be,  member,  the  time within which  and  the  authority to  whom  such  report 
shall  be  furnished; 

*  Now see  the  Maharashtra  Municipal  Councils,  Nagar Panchayats  and  Industrial  Townships 

Act,  1965. 

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1987 :  Mah. XXJ 

Maharashtra  Local Authority  Members  ' 
Disqualification  Act,  1986 
(c)  the  reports  which  a  political  party  or  aghadi  or front  shall  furnish  with regard 
to  admission to  such  political  party  or aghadi  or front  of any  councillors  or  members 
and  the  officer  of the  Municipal  Corporation,  Municipal  Council,  Zilla Parishad,  or 
as  the  case  may  be,  Panchayat  Samiti  to  whom  such  reports  shall  be  furnished; 

7 

(cl)  the  procedure  for  deciding  any  question  referred  to  in  section  7  including  the 
procedure  of  any  inquiry  which  will  be  made  for  the  purpose  of  deciding  such 
question  ;  and 

(e)  any  other  matter  which  is  required  to  be  or  may  be  prescribed. 

(3)  In  making  rules  under  this  section,  the  State  Government  may  provide  that  for 
any  breach thereof,  the  offender  shall  on  conviction be  punished  with  fine  which  may 
extend  to  one  thousand  rupees  and  in  the  case  of  continuing  breach  with  fine  which 
may  extend  to  fifty  rupees  for  every  day  during  which  the  breach  continues  afler 
conviction for  the  first  breach. 

(4)  Every  rule  made by  the  State  Government  under this  Act,  shall  be  laid,  as  soon 
as  may  be  afler it  is  made,  before  each  House  of State  Legislature,  while  it is  in  session, 
for  a  total  period  of thirty  days  which  may  be  comprised  in  one  session  or  in  two  or 
more  successive  sessions,  and  if,  before  the  expiry of the  session  immediately  following 
the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in  making  any 
modification in the  rule  or both Houses  agree  that  the  rule  should  not  be made,  then  on 
publication  of  such  decision  in  the  Official  Gazette,  the  rule  shall  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  under  that  rule. 

lo.  (1)  The  provisions  of  this  Act  and  the  rules  shall  have  effect  notwithstanding  Act  to  have 

anything  inconsistent  therewith  contained  in any  other  law  for  the  time being  in  force. 

. 

. 

. 

shall  be  in 
(2)  Subject  to  the  provisions  of  sub-section  (1),  the  provisions  of  this  Act  shall  be  addition to 

in  addition  to  and  shall  not,  save  as  expressly provided  hereinbefore,  be  in  derogation  existing 
of the  provisions  of  any  law  relating  to  Municipal  Corporation,  Municipal  Council  or  local 
other  local  authority  concerned. 

. 

. 

. 

. 

authority 
laws. 

(3)  Notwithstanding  anything  contained  in  the  foregoing  provisions  of  this  section 
nothing in  this Act  shall  apply when  a  Government  servant is  nominated  as  a  Councillor 
of a Municipal  Council for  a  municipal area  specified  in  Part II  or Part  III  of  Schedule I 
M ah  .  to  the Maharashtra Municipalities  Act,  1965*,  or  to  any person  who  holds  the  office  as 
f a  member  of  a  Panchayat  Samiti  by  virtue  of  his  being  a  Government  servant  and 
appointed  as  Administrator  of  a  co-operative  society. 

-; 

11.  The  enactments  specified  in  the  second  column  of  the  Schedule  are  hereby  Amendment 

amended  in the  manner and  to  the  extent  specified  in the  third column  thereof 

*  Now see  the  Maharashtra  Municipal  Councils,  Nagar Panchayats  and  Industrial  Townships 

Act,  1965. 

of certain 
enactments. 

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8 

Maharashtra  Local Authority  Members' 
Disqualification  Act,  1986 

11987:  Mah. XX 

Serial 
No. 
(1) 

Short title 
and 
Number of  enactment 
(2) 

i  The  *Bombay  Municipal 
Corporation  Act  (Bom.  III  of 
1888). 

2  The  Bombay  Provincial 
Municipal  Corporations  Act, 
1949 (Bom. LIXofl949). 

SCHEDULE 
(See section  11) 

Amendments 

(3) 

In  section  16,  afler  sub-section  (1),  the  following 

sub-section  shall  be  inserted,  namely:- 

cc  (JA)  A  person  who  at  any  time  during 
the  term  of  his  office  is  disqualified  under 
the  Maharashtra  Local  Authority  Members'  Mah. 
Disqualification Act,  1 986 for  being  a councillor 
shall  cease  to  hold  office  as  such  councillor." 

87 

. 

. 

. 

. 

. 

In  section  10,  afler  sub-section  (1),  the  following 

sub-section  shall  be  inserted,  namely:- 

. 

. 

cc  (JA)  A  person  shall  be  disqualified  for 
being  a  councillor,  if  such  person  has,  at  any 
time  during  the  term  of  his  office,  become 
disqualified  under  the  Maharashtra  Local  Mah. 
Authority  Members'  Disqualification Act,  1986 
for being  a  councillor." 

3  The City of Nagpur Corporation  In  section  19- 

Aci  1948 (C. P andBemril of 1950). 

(J)  afler the words  "  been  elected  "  the words 

"or  nominated  "  shall  be  inserted; 

(2)  afler clause  (a),  the  following  clause  shall 

be  inserted,  namely  :- 

"(a-i)  has  been  disqualified  under  the 

Maharashtra  Local  Authority  Members'  Mah. 
Disqualification  Act,  1986,  for  being  a 
councillor, or ". 

1987. 

4**The Maharashtra Municipalities  In  section  16- 

Act,  1965 (IViah.  XL of 1965). 

(J)  afler  sub-section  (1),  the  following  sub- 

section  shall  be  inserted,  namely:- 

*  Now see the Mumbai Municipal Corporation Act. 
* *  Now  see  the  Maharashtra Municipal  Councils,  Nagar  Panchayats  and  Industrial 

Townships  Act,  1965. 

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1987 :  Mah. XXJ 

Maharashtra  Local Authority  Members  ' 
Disqualification  Act,  1986 

9 

SCHEDULE--contd. 

(1) 

(2) 

(3) 

M ah . 

M ah . 
xx of 
i 9 8 7 . 

5  The  Maharashtra  Zilla 
Parishads and  Panchayat 
SamitisAct  1961 (JVlah.Vof 
1962 
i. 

cc  (JA)  A person  who  at  any  time  during  the 
term  of  his  office  is  disqualified  under  the 
Maharashtra Local  Authority Members' Disquali- 
fication  Act,  1986  for  being  a  councillor  shall 
cease  to  hold office  as  such  councillor." 

(2)  in  sub-section  (2),  after  the  word, 
brackets  and  figure  "  sub-section  (1) "  the 
words,  brackets,  figure  and  letter  "  or  in 
sub-section  (J-A)  "  shall  be  inserted. 

In  section  16,  afler  sub-section  (1),  the  following 

sub-section  shall  be  inserted,  namely:- 

. 

(JA)  A person  who  at  any  time  during  the 
term  of  his  office  is  disqualified  under  the 
Maharashtra Local  Authority Members' Disquali- 
fication  Act,  1986  for  being  a  councillor  shall 
cease  to  hold office  as  such  councillor." 

YEBAWDA  PRISON  PRESS,  pu-6 

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Maharashtra  Government Publications  can  be 
obtained  from - 

. 

. 

. 

. 

THE  DIRECTOR 

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS 
Maharashtra State 
Netaji Subhash Road, MIJIVIIBAT-400 004. 
Phone  : 

(022)  23630695 
(022)  23634049 

THE  MANAGER 

GOVERNMENT  PHOTOZINCO  PRESS  AND BooK  DEPOT 
Photozinco PressArea, Near G  P.  0. 
PTJNE-411  001. 
Phone:  (020)  26125808 
(020)  26124759 

THE  MANAGER 

GOVERNMENT  PRESS  AND  BooK DEPOT 
Civil Lines 
NAGPUR-440  001. 
Phone:  (0712)  2562615 

THE  ASSISTANT DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BooK  DEPOT 
Shaha Ganj, Near Gandhi Chowk 
AURANGABAD-43 1  001. 
Phone:  (0240)  2343396 
(0240)  2331468 

THE  MANAGER 

GOVERNMENT  PRESS  AND  STATIONERY,  STORE 
Tarabai Park, 
KOLHAPUR-416 003. 
Phone:  (0231)  2650402 

AND THE RECOGNISED BOOKSELLERS 

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