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MAHARASHTRA MUNICIPAL CORPORATIONS AND MUNICIPAL COUNCILS (AMENDMENT) ACT, 2012
MAHARASHTRA ACT NO. XVII OF 2012
An Act further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Bom.III of 1888. Bom.LIX of 1949. C.P. and Berar II of 1950. Mah. XL of 1965.
WHEREAS it is expedient further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purpose hereinafter appearing; it is hereby enacted in the Sixty-third Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title.
1. This Act may be called the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2012.
CHAPTER II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.
Amendment of section 50S of Bom.III of 1888
2. In section 50S of the Mumbai Municipal Corporation Act (hereinafter in this Chapter referred to as ?the Mumbai Corporation Act?), in sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the Total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted:?
Amendment of section 129A of Bom.III of 1888
3. In section 129A of the Mumbai Corporation Act, after the words and figures ?under section 125? the words, figures and letter ?and estimates prepared by the General Manager under section 126A? shall be inserted.
Amendment of section 460A of Bom.III of 1888
4. In section 460A of the Mumbai Corporation Act, after sub-section (2), the following sub-section (2), shall be added, namely:-
?(3) Where, any proposal of the General Manager requires the sanction or approval of the Brihan Mumbai Electric Supply and Transport Committee or the corporation, the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, shall consider and dispose of any such proposal within forty-five days in case of the said Committee and ninety days in case of the corporation, reckoned from the date of the meeting of the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, held immediately after the proposal is received by the Secretary of the said Committee or as the case may be, the Municipal Secretary, whether the item pertaining to such proposal is taken on agenda of such meeting or not, failing which, sanction or approval to such proposal shall be deemed to have been given by the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, and a report to that effect shall be made by the General Manager to the Government and it shall be lawful for the General Manager to take further action as per the directives of the Government:
Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.?
Amendment of section 460K of Bom.III of 1888
5. In section 460K of the Mumbai Corporation Act, -
(1) in clause (c), for the words ?ten lakhs rupees? the words ?fifty lakhs rupees? shall be substituted;
(2) in clause (d), for the words ?one lakh rupees? the words ?five lakhs rupees? shall be substituted.
Amendment of section 460L of Bom.III of 1888
6. In section 460L of the Mumbai Corporation Act, in the proviso, after the words ?Transport Committee? the words ?or by two officers of the Brihan Mumbai Electric Supply and Transport Undertaking to whom the powers have been delegated by the General Manager? shall be added.
Amendment of section 460M of Bom.III of 1888
7. In section 460M of the Mumbai Corporation Act, in sub-section (1), -
(1) for the words ?fifty thousand rupees? the words ?three lakhs rupees? shall be substituted:
(2) the following proviso shall be added, namely:-
?Provided that, the notice of any tender for contract not exceeding three lakhs rupees shall be uploaded on the official website of the Brihan Mumbai Electric Supply and Transport Undertaking.?
Amendment of section 460Q of Bom.III of 1888
8. In section 460Q of the Mumbai Corporation Act, -
(i) in clause (a), for the words ?two thousand rupees? the words ?ten thousand rupees? shall be substituted;
(2) in clause (b), in the proviso, for the words ?fifteen thousand rupees? the words ?seventy-five thousand rupees? shall be substituted;
(3) in clause (c), -
(i) for the words ?one lakh rupees? at the both places where they occur, the words ?five lakhs rupees? shall be substituted;
(ii) for the words ?for any period? the words ?five any continuous period? shall be substituted:
(iii) for the words ?ten thousand rupees? the words ?fifty thousand rupees? shall be substituted.
Amendment of section 460R of Bom.III of 1888
9. In section 460R of the Mumbai Corporation Act, in sub-section (2), in the proviso, for the words ?four hundred rupees? the words ten thousand rupees? shall be substituted.
Amendment of section 460T of Bom.III of 1888
10. In section 460T of the Mumbai Corporation Act, -
(1) in sub-section (1), for the words ?four hundred rupees? the words ?ten thousand rupees? shall be substituted;
(2) in sub-section (2), for the words ?four hundred rupees? the words ?ten thousand rupees? shall be substituted.
CHAPTER III
AMENDMENT TO THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949.
Amendment of section 31A of Bom.LIX of 1949
11. In section 31A of the Bombay Provincial Municipal Corporations Act, 1949, in sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
CHAPTER IV
AMENDMENT TO THE CITY OF NAGPUR CORPORATION ACT, 1948
Amendment of Section 40A of C.P. and Berar II of 1950.
12. In section 40A of the City of Nagpur Corporation Act, 1948, sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
CHAPTER V
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965
Amendment of section 63 of Maha. XL of 1965
Mah. XL of 1965
13. In section 63 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, in sub-section (2B), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
MAHARASHTRA ACT NO. XVII OF 2012
An Act further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Bom.III of 1888. Bom.LIX of 1949. C.P. and Berar II of 1950. Mah. XL of 1965.
WHEREAS it is expedient further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purpose hereinafter appearing; it is hereby enacted in the Sixty-third Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title.
1. This Act may be called the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2012.
CHAPTER II
AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT.
Amendment of section 50S of Bom.III of 1888
2. In section 50S of the Mumbai Municipal Corporation Act (hereinafter in this Chapter referred to as ?the Mumbai Corporation Act?), in sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the Total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted:?
Amendment of section 129A of Bom.III of 1888
3. In section 129A of the Mumbai Corporation Act, after the words and figures ?under section 125? the words, figures and letter ?and estimates prepared by the General Manager under section 126A? shall be inserted.
Amendment of section 460A of Bom.III of 1888
4. In section 460A of the Mumbai Corporation Act, after sub-section (2), the following sub-section (2), shall be added, namely:-
?(3) Where, any proposal of the General Manager requires the sanction or approval of the Brihan Mumbai Electric Supply and Transport Committee or the corporation, the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, shall consider and dispose of any such proposal within forty-five days in case of the said Committee and ninety days in case of the corporation, reckoned from the date of the meeting of the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, held immediately after the proposal is received by the Secretary of the said Committee or as the case may be, the Municipal Secretary, whether the item pertaining to such proposal is taken on agenda of such meeting or not, failing which, sanction or approval to such proposal shall be deemed to have been given by the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, and a report to that effect shall be made by the General Manager to the Government and it shall be lawful for the General Manager to take further action as per the directives of the Government:
Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.?
Amendment of section 460K of Bom.III of 1888
5. In section 460K of the Mumbai Corporation Act, -
(1) in clause (c), for the words ?ten lakhs rupees? the words ?fifty lakhs rupees? shall be substituted;
(2) in clause (d), for the words ?one lakh rupees? the words ?five lakhs rupees? shall be substituted.
Amendment of section 460L of Bom.III of 1888
6. In section 460L of the Mumbai Corporation Act, in the proviso, after the words ?Transport Committee? the words ?or by two officers of the Brihan Mumbai Electric Supply and Transport Undertaking to whom the powers have been delegated by the General Manager? shall be added.
Amendment of section 460M of Bom.III of 1888
7. In section 460M of the Mumbai Corporation Act, in sub-section (1), -
(1) for the words ?fifty thousand rupees? the words ?three lakhs rupees? shall be substituted:
(2) the following proviso shall be added, namely:-
?Provided that, the notice of any tender for contract not exceeding three lakhs rupees shall be uploaded on the official website of the Brihan Mumbai Electric Supply and Transport Undertaking.?
Amendment of section 460Q of Bom.III of 1888
8. In section 460Q of the Mumbai Corporation Act, -
(i) in clause (a), for the words ?two thousand rupees? the words ?ten thousand rupees? shall be substituted;
(2) in clause (b), in the proviso, for the words ?fifteen thousand rupees? the words ?seventy-five thousand rupees? shall be substituted;
(3) in clause (c), -
(i) for the words ?one lakh rupees? at the both places where they occur, the words ?five lakhs rupees? shall be substituted;
(ii) for the words ?for any period? the words ?five any continuous period? shall be substituted:
(iii) for the words ?ten thousand rupees? the words ?fifty thousand rupees? shall be substituted.
Amendment of section 460R of Bom.III of 1888
9. In section 460R of the Mumbai Corporation Act, in sub-section (2), in the proviso, for the words ?four hundred rupees? the words ten thousand rupees? shall be substituted.
Amendment of section 460T of Bom.III of 1888
10. In section 460T of the Mumbai Corporation Act, -
(1) in sub-section (1), for the words ?four hundred rupees? the words ?ten thousand rupees? shall be substituted;
(2) in sub-section (2), for the words ?four hundred rupees? the words ?ten thousand rupees? shall be substituted.
CHAPTER III
AMENDMENT TO THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949.
Amendment of section 31A of Bom.LIX of 1949
11. In section 31A of the Bombay Provincial Municipal Corporations Act, 1949, in sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
CHAPTER IV
AMENDMENT TO THE CITY OF NAGPUR CORPORATION ACT, 1948
Amendment of Section 40A of C.P. and Berar II of 1950.
12. In section 40A of the City of Nagpur Corporation Act, 1948, sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
CHAPTER V
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965
Amendment of section 63 of Maha. XL of 1965
Mah. XL of 1965
13. In section 63 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, in sub-section (2B), for the first proviso, the following proviso shall be substituted, namely:-
?Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted.?
