Home India CENTRAL SECTION Part VIII, Ext No. 50, Dated 30th June 2025, L. A. BILL No. ...
Date: 2025-06-30 Category: Not Applicable State: Maharashtra Country: India

Part VIII, Ext No. 50, Dated 30th June 2025, L. A. BILL No. LV OF 2025.

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Executive Summary & Key Takeaways

**Executive Summary** This document is the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fifth Amendment) Act, 2025, published under the authority of the Governor of Maharashtra on June 30, 2025. It amends the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, specifically concerning the removal of the President of a Nagar Panchayat. The Act replaces the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2025, which was promulgated on April 15, 2025. **Key Points / Main Content** * **Short Title and Commencement:** * The Act is titled the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fifth Amendment) Act, 2025. * It is deemed to have come into force on April 15, 2025. * **Amendment Regarding Removal of President of Nagar Panchayat:** * Section 341B-5 of the principal Act is substituted with a new section that outlines the process for removing the President of a Nagar Panchayat. * A President shall cease to hold office if a resolution is passed at a special meeting by a majority of not less than two-thirds of the total number of Councillors. * No such resolution can be moved within one year of the President's election. * A requisition for the special meeting must be signed by not less than one-half of the total number of Councillors and sent to the Collector. * The Collector must convene the special meeting within ten days of receiving the requisition and must inform the President. * The Collector or an officer authorized by the Collector shall preside over the meeting but shall have no right to vote. * Nominated Councillors are not permitted to vote on resolutions relating to the removal of the President. * If the resolution seeking removal is not moved or is rejected, no fresh resolution seeking the removal can be brought before the Nagar Panchayat. * **Repeal and Saving:** * The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2025, is repealed. * Actions taken under the repealed Ordinance are deemed to have been done under the corresponding provisions of the principal Act, as amended by this Act. **Impact Analysis** * **Stakeholder: Nagar Panchayat Councillors** **Impact:** They have a new process and guidelines for removing the President of the Nagar Panchayat. **Action Required:** Councillors need to understand the new procedures for removing the President, including requirements for requisitions, special meetings, and voting thresholds. * **Stakeholder: President of Nagar Panchayat** **Impact:** The President is now subject to a revised removal process initiated and decided upon by the Councillors, rather than requiring inquiry by the collector and decision by the Government. **Action Required:** The President must be aware of the new grounds and procedures for removal and the potential for a vote of no confidence. * **Stakeholder: The Collector** **Impact:** The Collector is now responsible for convening and presiding over the special meeting for a no confidence vote. **Action Required:** The Collector needs to be familiar with the new process, including the timelines for convening the special meeting and the protocol for presiding over it.

Key Entities Referenced

Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2025: Ordinance that the Act replaces. Nagar Panchayats: Local government bodies impacted by the amendment, specifically regarding the removal of their presidents. Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: The principal Act being amended by the Bill. Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fifth Amendment) Act, 2025: The Act discussed in the document, amending the 1965 Act.
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महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून ३०, २०२५/आषााढ ९, शाकेे १९४७ 1 RNI No. MAHENG /2009/35528 महाारााष्ट्र� शाासन रााजपत्र असाधााराण भााग आठ वषाष ११, अंके २१(३)] सोमवारा, जून ३०, २०२५/आषााढ ९, शाकेे १९४७ [पष्ृठ े३, किंकेमं त : रुपये े२७.०० असाधााराण क्रमांके ५० प्रााकिंधाकेृत प्राकेाशान महाारााष्ट्र किंवधाानमंडळााचेे अकिंधाकिंनयेम व रााज्येपालांांनी प्रााख्येाकिंपत केेलांेलांे अध्येादेेशा व केेलांेलांे किंवकिंनयेम आकिंण किंवधाी व न्येाये किंवभाागाकेडून आलांेलांी किंवधाेयेकेे (इंंग्रजी अनुवादे). 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 )Fifth Amendment( Bill, 2025 )L. A. Bill No. LV of 2025(, introduced in the Maharashtra Legislative Assembly on the 30 th June 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. L. A. BILL No. LV OF 2025. 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. action further to amend the Maharashtra Municipal Councils, Nagar XL of 1965. Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter Mah. appearing ; and, therefore, promulgated the Maharashtra Municipal Councils, Ord. I of Nagar Panchayats and Industrial Townships )Amendment( Ordinance, 2025, 2025. on the 15th April 2025; )१( भााग आठ-५०–१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून ३०, २०२५/आषााढ ९, शाकेे १९४७ AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Seventy-sixth 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 )Fifth Amendment( Act, 2025. commencement. (2( It shall be deemed to have come into force on the 15th April 2025. Substitution 2. For section 341B-5 of the Maharashtra Municipal Councils, Nagar Mah. XL of section Panchayats and Industrial Townships Act, 1965 )hereinafter referred to as of 1965. 341B-5 of “the principal Act”(, the following section shall be substituted, namely :— Mah. XL of 1965. Removal of “341B-5. )1( A President of a Nagar Panchayat elected under President section 341B-1 shall cease to be the President, if the Councillors by a of Nagar resolution passed at a special meeting by a majority of not less than Panchayats by two-third of the total number of Councillors so decide : Councillors. 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 than one-half of the total number of Councillors and shall be sent to the Collector. )3( The Collector shall, within ten days of the receipt of a requisition under sub-section )2(, convene a special meeting of the Nagar Panchayat: 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 authorized by him in this behalf, but the Collector or such other officer shall have no right to vote. )5( The nominated Councillors shall have no right to vote on any resolution relating to the removal of the President. )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 Nagar Panchayat.”. Repeal 3. )1( The Maharashtra Municipal Councils, Nagar Panchayats and Mah. of Mah. Industrial Townships )Amendment( Ordinance, 2025, is hereby repealed. Ord. I of Ord. I of 2025. 2025 and )2( Notwithstanding such repeal, anything done or any action saving. 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.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, जून ३०, २०२५/आषााढ ९, शाकेे १९४७ 3 STATEMENT OF OBJECTS AND REASONS As per provisions of section 341B-1 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 )Mah. XL of 1965( every Nagar Panchayat, to which general election is held before the date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships )Amendment( Act, 2022 )Mah. XLI of 2022(, has President who is elected by the elected Councillors from amongst themselves. 2. The procedure for removal of President of Nagar Panchayats under section 341B-5 of the said Act involves requisition signed by not less than one half of the total number of Councillors containing charges of misconduct against the President to be sent to the Collector, conduct of inquiry by the Collector, submitting of findings of such inquiry to the Government and taking final decision by the Government upon receipt of inquiry report by the Collector. It was considered expedient to provide that a President, who is elected by the elected Councillors from amongst themselves, shall cease to be the President if the Councillors by a resolution passed at a special meeting by majority of not less than two-third of the total number of Councillors so decide. Therefore, section 341B-5 of the said Act was proposed to be substituted to provide for removal of such President by the Councillors by a resolution passed at a special meeting and procedure therefor. 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, 2025 )Mah. Ord. I of 2025(, was promulgated by the Governor of Maharashtra on the 15th April 2025. 4. The Bill is intended to replace the said Ordinance by an Act of the State Legislature. Mumbai, EKNATH SHINDE, Dated the 11th June 2025. Deputy Chief Minister )Urban Development(. 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.

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