Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships (Amendment) Act, 2006 31 of 2006 [01 August 2006] CONTENTS 1. Short Title And Commencement 2. Amendment of section 2 of Mah. XL of 1965 3. Amendment of section 9 of Mah. XL of 1965 4. Substitution of section 51 of Mah. XL of 1965 5. Amendment of section 55 of Mah. XL of 1965 6. Insertion of section 55A in Mah. XL of 1965 Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships (Amendment) Act, 2006 31 of 2006 [01 August 2006] PREAMBLE An Act further to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. WHEREAS it is expedient further to amend- the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965), for the purposes hereinafter appearing; it is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:- 1. Short Title And Commencement :- (1) This Act may be called the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2006. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Amendment of section 2 of Mah. XL of 1965 :- I n section 2 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965) (hereinafter referred to as "the principal Act"),- (a) in clause (7),- (i) the words "the directly elected President" shall be deleted; (ii) for sub-clause (ii), the following sub-clause shall be substituted, namely:- "(ii) to get elected as a President of the Council or a Chairperson of any of the Committees of the Council;"; (b) for clause (12), the following clause shall be substituted, namely:- "(12) "election" means an election to a Council, and includes any by-election;" 3. Amendment of section 9 of Mah. XL of 1965 :- In section 9 of the principal Act, in sub-section (1), in clause (a), the words "the President and" shall be deleted. 4. Substitution of section 51 of Mah. XL of 1965 :- For section 51 of the principal Act, the following section shall be substituted, namely:- "51. Election of President :- (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 themselves. (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 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 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 a 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 nominating Councillors. (8) The nomination of the Councillors shall be made in the prescribed manner. (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." 5. Amendment of section 55 of Mah. XL of 1965 :- In section 55 of the principal Act, in subsection (1), for the proviso, the following proviso shall be substituted, namely:- Provided that, no such resolution shall be moved,- (a) within a period of two years from the date of election of the President; and (b) if the duration of the Council is to expire within a period of six months." 6. Insertion of section 55A in Mah. XL of 1965 :- After section 55 of the principal Act, the following section shall be inserted, namely:- "55A. Removal of directly elected President by Councillors :- Notwithstanding anything contained in any other provisions of this Act, the provisions of section 55, as it existed on the date immediately preceding tile date of commencement of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2006 (Mah. XXI of 2006), shall continue to apply for the removal of the directly elected President by the Councillors."