HB-2106 Ext. Ord. No. 26 Bill No. XXIII (16-12-2024) L. A. BILL No. XXIII OF 2024. A BILL further to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. No. 13(2).

¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ö, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 1 RNI No. MAHBIL/2009/40123 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ ´É¹ÉÇ 10, +ÆEò 13 (2)] ºÉÉä¨É´ÉÉ®úúú, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEäò 1946 [{ÉÞ¹`äö 4, ËEò¨ÉiÉ : ¯û{ɪÉä 36.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉEÆ ò 26 |ÉÉÊvÉEòÞ iÉ |ÉEòɶÉxÉ ¨É½Éþ®úɹ]õ Å Ê´ÉvÉÉxɺɦÉiä É ´É ¨É½Éþ®úɹ] õÅ Ê´ÉvÉÉxÉ{ÉÊ®ú¹Énùiä É ºÉÉnù®ú Eòä±É±ä ÉÒ Ê´Évɪä ÉEòä (<OÆ ÉVÉÒ +xÉ´ÖÉÉnù).

MAHARASHTRA LEGISLATURE SECRETARIAT The following Bill was introduced in the Maharashtra Legislative Assembly on the 16th December, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.

L. A. BILL No. XXIII OF 2024.

A BILL further to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

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

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate Mah. XL action further to amend the Maharashtra Municipal Councils, Nagar of 1965. Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter ¦ÉÉMÉ {ÉÉSÉ +-26--1.

(1) BSÉ ¤ÉÒ 2106--1.2 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ö, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 appearing ; and, therefore, promulgated the Maharashtra Municipal Councils, Mah.

Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2024 Ord. V of 2024. on the 16th August 2024;

AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State Legislature; it is hereby enacted in the Seventy-fifth Year of

the Republic of India as follows:— Short title 1. (1) This Act may be called the Maharashtra Municipal Councils, and Nagar Panchayats and Industrial Townships (Amendment) Act, 2024. commencement.

(2) It shall be deemed to have come into force on the 16th August 2024.

Amendment 2. In section 341B-1 of the Maharashtra Municipal Councils, Nagar Mah. XL of section Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as of 1965.

341B-1 of “the principal Act”), sub-section (9) shall be deleted and shall be deemed to Mah. XL of have been deleted with effect from the 1st January 2022.

1965.

Amendment 3. In section 341B-2 of the principal Act, in sub-section (6), for the of section words “for a term of two and half years” the words “for a term of five years” 341B-2 of shall be substituted and shall be deemed to have been substituted with effect Mah. XL of from the 1st January 2022.

1965.

Amendment 4. In section 341B-4 of the principal Act,— of section 341B-4 of (1) for sub-section (1), the following sub-section shall be substituted Mah. XL of and shall be deemed to have been substituted with effect from the

1965. 1st January 2022, namely:— “(1) The term of office of the President shall be of five years and shall be co-terminus with the term of the Nagar Panchayat.”;

(2) sub-section (3) shall be deleted and shall be deemed to have been deleted with effect from the 1st January 2022.

Power to 5. (1) If any difficulty arises in giving effect to the provisions of the remove principal Act, as amended by this Act, the State Government may, as occasion difficulties. arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of the principal Act, as amended by this Act, which appears to it to be necessary or expedient for the purposes 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 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.

Repeal of 6. (1) The Maharashtra Municipal Councils, Nagar Panchayats and Mah.

Mah. Ord. V Industrial Townships (Amendment) Ordinance, 2024, is hereby repealed. Ord. V of 2024 and of 2024. saving. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act.¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ö, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 3 STATEMENT OF OBJECTS AND REASONS The provisions regarding election to the office of President and Vice- President of Nagar Panchayat contained in the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965) have been amended by the Maharashtra Act No. XII of 2020 with a view to provide for election of the President and Vice-President by elected councillors from among themselves and for two and half years term of such officers. The said Act has been subsequently amended by the Maharashtra Act No. XLI of 2022 with a view to provide for direct election of President and five years term of President and Vice-President in respect of elections of Nagar Panchayats to be held after the commencement of Maharashtra Act No. XLI of 2022.

2. The Government considered it necessary to provide that the terms of indirectly elected President and Vice-President of the Nagar Panchayats, shall also be five years. It was, therefore, proposed to amend sections 341 B-1, 341B-2 and 341B-4 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, suitably.

3. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes aforesaid, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2024 (Mah. Ord V of 2024) was promulgated by the Governor of Maharashtra on the 16th August 2024.

4. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.

Nagpur, DEVENDRA FADNAVIS, Dated the 15th December, 2024. Chief Minister.4 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ö, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involves the following proposal for delegation of legislative power, namely:— Clause 5(1).—Under this clause, power is taken to the State Government to issue an order in the Official Gazette for removing any difficulty, which may arise in giving effect to the provisions of this Act.

2. The above-mentioned proposal for delegation of legislative power is of a normal character.

Vidhan Bhavan : JITENDRA BHOLE, Nagpur, Secretary (1) (I/C), Dated the 16th December, 2024. Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.