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The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

Maharashtra

An Act to unify, consolidate and amend the law relating to Municipal Councils and to provide for constitution of Nagar Panchayats and Industrial Townships in the State of Maharashtra.

Act number
40 of 1965
Ministry
Govt of Maharashtra
Department
Urban Development Department
Enacted
10 Sep 1965

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

202 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Specification of areas as smaller urban areas.
  4. Section 4Classification of smaller urban areas.
  5. Section 5Effect of reclassification of a municipal area.
  6. Section 6Alteration of the limits of a municipal area.
  7. Section 7Municipal authorities charged with execution of the Act.
  8. Section 8Establishment and Incorporation of Councils.
  9. Section 9Composition of Councils.
  10. Section 9APersons contesting election for reserved seat to submit Caste Certificate and Validity Certificate.
  11. Section 10Division of municipal area into wards and reservation of wards for Women, Scheduled Castes and Scheduled Tribes.
  12. Section 10AState Election Commissioner.
  13. Section 10AAPower of State Election Commissioner to issue directions to prevent impersonation.
  14. Section 11ADeleted.
  15. Section 11BDeleted.
  16. Section 12Right to vote.
  17. Section 13Manner of voting.
  18. Section 14Other restrictions on voting.
  19. Section 15Qualification for becoming Councillor.
  20. Section 16Disqualifications for becoming a Councillor.
  21. Section 17Power to make rules regulating elections.
  22. Section 18Failure to elect.
  23. Section 19Declaration of results of election.
  24. Section 19ADeleted.
  25. Section 20Publication of names of nominated Councillors.
  26. Section 21Disputes in respect of election, or nomination of Councillors.
  27. Section 22Corrupt practices.
  28. Section 23Prohibition of public meetings on the election day.
  29. Section 24Disturbances at election meeting.
  30. Section 25Prohibition of canvassing in or near polling stations.
  31. Section 26Penalty for disorderly conduct in or near polling stations.
  32. Section 27Penalty for misconduct at polling stations.
  33. Section 28Penalty for illegal hiring or procuring of conveyances at election.
  34. Section 29Maintenance of secrecy of voting.
  35. Section 30Officers, etc. at election not to act for candidates or to influence voting.
  36. Section 31Breaches of official duty in connection with election.
  37. Section 32Removal of ballot paper from polling station to be an offence.
  38. Section 33Other electoral offences and penalties therefor.
  39. Section 34Prosecution regarding certain offences.
  40. Section 35Requisitioning of premises, vehicles, etc., for election.
  41. Section 36Payment of compensation.
  42. Section 37Power to obtain information.
  43. Section 38Eviction from requisitioned premises.
  44. Section 39Release of premises from requisition.
  45. Section 40Duration of Council.
  46. Section 41Term of office of Councillors.
  47. Section 41AElection to constitute Council.
  48. Section 42Liability of Councillors to removal from office.
  49. Section 43Resignation not to affect subsequent disqualification of a Councillor.
  50. Section 44Disqualification of Councillor during his term of office.
  51. Section 45Special provisions regarding disqualification for failure to pay taxes due to the Council.
  52. Section 46Section 45 not to affect Council's other powers for recovery of taxes.
  53. Section 47Councillor to vacate all offices if he ceases to be Councillor.
  54. Section 48Casual vacancies how to be filled up.
  55. Section 48ADeleted
  56. Section 49Duties and functions of the Council.
  57. Section 49A.Performance of functions by agencies.
  58. Section 50Obligation to prepare Water Supply Scheme and to make sufficient drinking water available within certain period.
  59. Section 51Election of President.
  60. Section 51A-1ADirect Election of President.
  61. Section 51A-1BDeleted.
  62. Section 51-1AReservation of office of President.
  63. Section 51-1BPerson contesting election for reserved office of President to submit Caste Certificate and Validity Certificate.
  64. Section 51AElection of Vice-President.
  65. Section 51BNominations of Councillors.
  66. Section 52Term of office of President.
  67. Section 53Resignation of President.
  68. Section 54Resignation of Vice-President.
  69. Section 55Removal of President by Councillors.
  70. Section 55-1Removal of President directly elected under section 51A-1A.
  71. Section 55-1ARemoval of Vice-President by Councillors.
  72. Section 55ARemoval of President and Vice-President by Government.
  73. Section 55BDisqualification for continuing as Councillor or becoming Councillor on removal as President or Vice-President.
  74. Section 56Consequences of absence of President or Vice-President without leave.
  75. Section 57President or Vice-President to handover charge.
  76. Section 58Functions of President.
  77. Section 59Functions of Vice-President.
  78. Section 60Simultaneous vacancy in the offices of President and Vice-President.
  79. Section 61Honorarium or Sumptuary allowance to President and meeting allowance to Councillors.
  80. Section 62Appointment of Standing Committees and Subjects Committees of 'A' and 'B' Class Councils.
  81. Section 63Constitution of Subjects Committees of 'A' and 'B' Class Councils.
  82. Section 64Constitution of Standing Committees of 'A' and 'B' Class Councils.
  83. Section 65Standing and Subjects Committees for 'C' Class Councils.
  84. Section 66Constitution of Standing Committee of 'C' Class Councils
  85. Section 66AConstitution of Wards Committees.
  86. Section 67Special Committees.
  87. Section 68Term of office of Chairman and members of Standing and Subjects Committees.
  88. Section 69Casual vacancies in Committees of the Council.
  89. Section 70Functions and powers of Standing Committees and Subjects Committees.
  90. Section 71By-laws under section 70 subject to Director's previous approval.
  91. Section 71APowers and functions of Standing Committee or Special Committee to be exercised or performed by Council or Special Subjects Committee, if necessary.
  92. Section 72Limits of powers of Committees and Council in respect of financial sanction.
  93. Section 73Subordination of Committees to Council.
  94. Section 74Appointment of Director and Regional Directors of Municipal Administration and their powers and the powers of the Collector.
  95. Section 75Appointment of Chief Officer, Engineer, Water Works Engineer, Health Officer, Auditor, Education Officer and Fire Officer and certain other Officers.
  96. Section 75AConstitution of Maharashtra Municipal Services and provisions relating thereto.
  97. Section 76Appointment of other officers and servants.
  98. Section 77Powers and duties of Chief Officer.
  99. Section 77ASumptuary allowance to Chief Officer.
  100. Section 78Powers and duties of other officers and servants.
  101. Section 78ACitizen's Charter.
  102. Section 78BDelegation of power.
  103. Section 78CDisciplinary action.
  104. Section 78DNon-application of provisions of section 78C in certain circumstances.
  105. Section 79Punishment of officers and servants.
  106. Section 79ASanction for prosecution of officers and servants of Council.
  107. Section 80By-laws to be made regulating certain conditions of service.
  108. Section 81Provisions in regard to meetings of Council.
  109. Section 82Meetings of Committees.
  110. Section 83Proceedings of the Council, Standing Committee, etc.
  111. Section 83ADeemed Sanction.
  112. Section 84Power of Council or Committee to require information, documents, etc., from Chief Officer.
  113. Section 85Joint Committees of local bodies.
  114. Section 86Deleted.
  115. Section 87Acts and proceedings of Council and Committees not vitiated by disqualifications, etc., of members thereof.
  116. Section 87ADisclosure of specified information.
  117. Section 88Power to acquire and hold property.
  118. Section 89Decision of claims to property by or against the Council.
  119. Section 90Municipal Fund.
  120. Section 90AEstablishment of Consolidated Water Supply and Sewage Disposal Project Fund.
  121. Section 90BEstablishment of Water and Sewage Fund.
  122. Section 90CPowers of Council to borrow money.
  123. Section 90DWhen and how loan shall be repaid.
  124. Section 90EMaintenance and application of sinking fund.
  125. Section 90FInvestment of sinking fund.
  126. Section 90GAnnual examination of sinking funds.
  127. Section 90HProvisions for loans raised before appointed day.
  128. Section 90IAttachment of Municipal Fund in default of repayment of loan.
  129. Section 90JAnnual statement to be prepared by Chief Officer.
  130. Section 91Constitution of Salary Reserve Fund.
  131. Section 91ADry Latrines Conversion Fund.
  132. Section 92Provisions regarding transfer of municipal property.
  133. Section 92ATransfer of moveable property.
  134. Section 93Provisions relating to contracts and tenders.
  135. Section 94Bar against officers and servants being interested in contract.
  136. Section 95Penalty to Councillors, officers and servants for improper interest in contracts, etc.
  137. Section 96Liability of Councillors, officers and servants for loss, or damage.
  138. Section 97Application of municipal property and funds within and without the municipal area.
  139. Section 98Special provision regarding loan of fire-fighting equipment, etc.
  140. Section 99Power to deposit and invest surplus funds.
  141. Section 100Power to compromise suits.
  142. Section 100AApplication of Government Premises (Eviction) Act to municipal premises, with certain modifications.
  143. Section 101Budget.
  144. Section 102Municipal accounts.
  145. Section 103Publication of accounts.
  146. Section 104Audit of accounts.
  147. Section 105Imposition of compulsory taxes.
  148. Section 106Loss of income from tax due to exemption to be reimbursed by Government.
  149. Section 106ATemporary provision for levying general tax at reduced rate in area of Zilla Parishad included in a smaller urban area.
  150. Section 106BTransitory provisions in respect of property tax on capital value.
  151. Section 107Provision for exempting 'C' Class Councils from levying certain taxes temporarily.
  152. Section 108Other taxes which Council may impose.
  153. Section 108AFees.
  154. Section 109Procedure preliminary to imposing tax under section 108 and fees under section 108A.
  155. Section 110Discretionary tax when sanctioned not to be abolished without previous sanction of Government.
  156. Section 111Local publication of by-laws relating to taxes, with notice.
  157. Section 112Council may vary rates of tax within prescribed limits.
  158. Section 113Appointment of authorised Valuation Officer.
  159. Section 114Rateable value how to be determined.
  160. Section 115Preparation of assessment list.
  161. Section 116Person primarily liable for a property tax how to be designated if his name cannot be ascertained.
  162. Section 117Authorised Valuation Officer to check assessment.
  163. Section 118Publication of notice of assessment list.
  164. Section 119Public notice of time fixed for lodging objections.
  165. Section 120Objection how to be dealt with.
  166. Section 121Authentication of list of assessment.
  167. Section 122Authentic list how far conclusive.
  168. Section 123Amendment of assessment list.
  169. Section 124Preparation of new assessment list and periodical revision of rateable values.
  170. Section 125Primary responsibility for property taxes on whom to rest.
  171. Section 126When occupiers may be held liable for payment of property taxes.
  172. Section 127Partial remission in respect of property remaining unoccupied.
  173. Section 127ARebate in property tax for advance payment.
  174. Section 127BRebate or remission in property tax for implementing ecologically beneficial scheme.
  175. Section 128When building or land deemed to be productive of rent.
  176. Section 129Parties to transfer of property to give notice of transfer.
  177. Section 130Form of notice.
  178. Section 131In absence of notice, liability to taxes to continue on original holder.
  179. Section 132Fixed charges and agreements for payment in lieu of special water tax.
  180. Section 133Power to fix special rate in lieu of special sanitary tax.
  181. Section 134Recovery of sums claimed under the last two preceding sections.
  182. Section 135Council may sell surplus water for use outside municipal area.
  183. Section 136Deleted.
  184. Section 137Deleted.
  185. Section 138Deleted.
  186. Section 139Deleted.
  187. Section 140Tables of tolls to be shown on demand.
  188. Section 141Power to seize vehicle or animal or goods for non- payment of toll and to dispose of seized property.
  189. Section 142Deleted.
  190. Section 143Deleted.
  191. Section 143ADeleted.
  192. Section 144Farming of tolls.
  193. Section 145Power to compound tax on vehicles or animals.
  194. Section 146Assessment not invalid for defect of form.
  195. Section 147Power of State Government to require Councils to impose taxes.
  196. Section 147AAdditional Stamp duty on certain transfers of immovable properties in certain municipal areas.
  197. Section 148Fees may be charged for certain licences, permission, etc.
  198. Section 149Mode of recovery of any money claimable under this Act.
  199. Section 150Presentation of bill for sums due to Council and discount for prompt payment.
  200. Section 150ALevy of penalty on unpaid amount of Bill.
  201. Section 150BSpecial provision for facility for payment of property taxes.
  202. Section 150CPower to assess in case of escape from assessment.