Date: 2025-12-26Category: Not ApplicableState: MaharashtraCountry: India
Part VIII Ex. 111 (26-12-2025),URBAN DEVELOPMENT DEPARTMENT,MAHARASHTRA ORDINANCE No. XIII OF 2025.
AN ORDINANCE, further to amend the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965.
**Executive Summary**
This document is the Maharashtra Ordinance No. XIII of 2025, dated December 26, 2025. It amends the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, to allow a directly elected President to simultaneously hold the post of Councillor. The ordinance comes into force immediately.
**Key Points / Main Content**
* **Ordinance Overview:**
* The ordinance is called the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Ordinance, 2025.
* It amends the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
* The ordinance comes into force immediately.
* **Amendment to Section 51A-1A and Section 341B-1A:**
* A person elected as both President and Councillor can hold both positions simultaneously.
* The person holding both positions has only one vote, either as President or Councillor.
* In case of a tie, the President has the casting vote.
* **Statement Explanation:**
* Sections 51A-1A and 341B-1A of the original act provide for direct election of Presidents.
* A qualified Councillor can also be elected as President and vice versa.
* A person can contest and be elected to both posts simultaneously.
* The government deems it necessary for directly elected Presidents to continue as Councillors.
**Impact Analysis**
* **Elected Officials (Presidents and Councillors):**
* **Impact:** They can simultaneously hold both posts if elected to both, and will only have one vote unless there is a tie.
* **Action Required:** Understand the new voting regulations in case of holding both positions.
* **Citizens/Voters:**
* **Impact:** The candidate that they elect as president will be able to also act as councillor, giving them 2 roles with one candidate.
* **Action Required:** None.
* **Government of Maharashtra:**
* **Impact:** The government considers a President directly elected should be able to continue as a Councillor.
* **Action Required:** Implement and enforce the amended regulations.
Key Entities Referenced
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: The principal Act being amended by this ordinance. It concerns the governance and administration of municipal councils, nagar panchayats, and industrial townships in Maharashtra.
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Ordinance, 2025: Ordinance to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, related to the election of Presidents and Councillors.
Constitution of India: The source of power for the ordinance, citing articles 213 and 348, concerning the Governor's power to promulgate ordinances and the publication of translations of laws.
Urban Development Department: The department responsible for issuing the ordinance.
Maharashtra: The state to which this ordinance and the amended Act apply.
RNI No. MAHENG /2009/35528
महाराष्टट्रõ शासन राजपत्र
असाधारण भाग आठ
वर््ष ११, अंक ४७] शुक्रवार, डिसेंबर २६, २०२५/पौर् ५, शके १९४७ [पृष्टठठे ३ डकंमत : रुपये २७.००
असाधारण क्रमांक १११
प्ाडधकृत प्काशन
महाराष्टट्र डवधानमंिळाचे अडधडनयम व राज्यपालांनी प्ख्याडपत केलेले अध्यादेश व केलेले.
डवडनयम आडण डवडध व न्याय डवभागाकिून आलेली डवधेयके (इंग्रजी अनुवाद).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in
English of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Third
Amendment) Ordinance, 2025 ( Mah. Ord. XIII of 2025), is hereby published under the authority of
the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
[Translation in English of the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships (Third Amendment) Ordinance, 2025 (Mah. Ord. XIII of 2025), published under
the authority of the Governor].
URBAN DEVELOPMENT DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 26th December 2025.
MAHARASHTRA ORDINANCE No. XIII OF 2025.
AN ORDINANCE
further to amend the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965.
WHEREAS both Houses of the State Legislature are not in session;
AND WHEREAS the Governor of Maharashtra is satisfied that
circumstances exist which render it necessary for him to take immediate action
further to amend the Maharashtra Municipal Councils, Nagar Panchayats and
Mah.
XL of Industrial Townships Act, 1965, for the purposes hereinafter appearing ;
1965.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of
article 213 of the Constitution of India, the Governor of Maharashtra is hereby
pleased to promulgate the following Ordinance, namely :—
1. (1) This Ordinance may be called the Maharashtra Municipal Councils, Short title and
commencement.
)१(
भाग आठ-१११–१2 महाराष्टट्रõ शासन राजपत्र असाधारण भाग आठ, डिसेंबर २६, २०२५/पौर् ५, शके १९४७
Nagar Panchayats and Industrial Townships (Third Amendment) Ordinance,
2025.
(2) It shall come into force at once.
Amendment of 2. In section 51A-1A of the Maharashtra Municipal Councils, Nagar Mah. XL
section 51A-1A
Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as of 1965.
Mah. XL of 1965.
“the principal Act”), after sub-section (3), the following sub-section shall be
inserted, namely:-
“(3A) (i) If any person is elected as a President and as a Councillor, then
he may simultaneously, hold both the posts.
(ii) A person holding the post of the President and the Councillor
simultaneously, shall have only one vote either as a President or as a
Councillor:
Provided that, in case of equality of votes, the President shall have
casting vote.”.
Amendment 3. In section 341B-1A of the principal Act, after sub-section (3), the
of section following sub-section shall be inserted, namely :—
341B-1A Mah.
XL of 1965.
“(3A) (i) If any person is elected as a President and as a Councillor, then
he may simultaneously, hold both the posts.
(ii) A person holding the post of the President and the Councillor
simultaneously, shall have only one vote either as a President or as a
Councillor:
Provided that, in case of equality of votes, the President shall have casting
vote.”.महाराष्टट्रõ शासन राजपत्र असाधारण भाग आठ, डिसेंबर २६, २०२५/पौर् ५, शके १९४७ 3
STATEMENT
Sections 51A-1A and 341B-1A of the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965)
provides for direct election of the Presidents of the Municipal Councils and
Nagar Panchayats, respectively.
2. A person qualified to be elected as a Councillor to the Municipal
Councils and Nagar Panchayats is also qualified to be elected as a President
thereof. Therefore, a person may contest elections as a President and also
as a Councillor simultaneously and may also get elected on both the posts.
Such person elected on both the posts has electoral mandate of people for both
the posts. A person elected indirectly as a President also continues to be a
Councillor and functions simultaneously as a President and a Councillor.
Therefore, the Government considers it expedient that a President
elected directly should be able to continue as a Councillor also. It is, therefore,
proposed to amend sections 51A-1A and 341B-1A of the said Act to provide
specifically that person elected as a President directly and as a Councillor,
may simultaneously, hold both the posts. It is also proposed to provide that
such person shall have only one vote either as a President or as a Councillor
and in case of equality of vote, the President shall have a casting vote.
3. As both Houses of the State Legislature are not in session and the
Governor of Maharashtra is satisfied that circumstances exist which render 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, this Ordinance is promulgated.
Mumbai, ACHARYA DEVVRAT,
Dated the 25th December 2025. Governor of Maharashtra.
By order and in the name of the
Governor of Maharashtra,
Dr. K. H. GOVINDA RAJ,
Additional Chief Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.