[7
OF 2022] [04th
August 2022] AN ORDINANCE further to
amend the Mumbai Municipal Corporation Act and the Maharashtra Municipal
Corporations Act . 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 Mumbai Municipal Corporation
Act and the Maharashtra Municipal Corporations Act, for the purposes
hereinafter appearing; 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:- CHAPTER 1 PRELIMINARY (1)
This Ordinance may be called the Mumbai
Municipal Corporation and Maharashtra Municipal Corporations (Amendment)
Ordinance, 2022. (2)
It shall come into force at once. CHAPTER 2 AMENDMENT TO THE MUMBAI MUNICIPAL
CORPORATION ACT. CHAPTER 3 AMENDMENT TO THE MAHARASHTRA
MUNICIPAL CORPORATIONS ACT TABLE Population Number of Councillors (1) (2) (i) Above 3 lakhs
and upto 6 lakhs The
minimum number of elected Councillors shall be 65. For every
additional population of 15,000 above 3 lakhs, there shall be one additional
Councillor, so however that, the maximum number elected Councillors shall not
exceed 85. (ii) Above 6 lakhs
and upto 12 lakhs The
minimum number of elected Councillors shall be 85. For every
additional population of 20,000 above 6 lakhs, there shall be one additional
Councillor, so however that, the maximum number of elected Councillors shall
not exceed 115. (iii) Above 12
lakhs and upto 24 lakhs The
minimum number of elected Councillors shall be 115. For every
additional population of 40,000 above 12 lakhs, there shall be one additional
Councillor, so however that, the maximum number of elected Councillors shall
not exceed 151. (iv) Above 24
lakhs and upto 30 lakhs The
minimum number of elected Councillors shall be 151. For every
additional population of 50,000 above 24 lakhs, there shall be one additional
Councillor, so however that, the maximum number of elected Councillors shall
be 161. (v) Above 30
lakhs The
minimum number of elected Councillors shall be 161. For every
additional population of 1 lakh above 30 lakhs, there shall be one additional
Councillor, so however that, the maximum number of elected Councillors shall
be 175.â€. CHAPTER 4 MISCELLANEOUS (a)
to divide the area of Municipal Corporations,
into wards and to specify the boundaries thereof is started or completed by the
State Election Commissioner or the State Government, as the case may be, or (b)
of reservation of seats of Councillors in the
Municipal Corporations is started or completed by the State Election
Commissioner, before the date of commencement of the Mumbai Municipal
Corporation and Maharashtra Municipal Corporations (Amendment) Ordinance, 2022,
shall be deemed to be annulled and such process shall be done afresh according
to the provisions of the said Acts as amended by this Ordinance. (1)
If any difficulty arises in giving effect to
the provisions of the said Acts, as amended by this Ordinance, the State
Government may, by an order published in the Official Gazette, as the occasion
arises, make such provisions not inconsistent with the provisions of the said
Acts, as amended by this Ordinance, as may appear to it to be necessary or
expedient for the purposes of removing the difficulty. (2)
Every order made under this section shall be
laid, as soon as may be, after it is made, before each House of the State
Legislature.Mumbai
Municipal Corporation And Maharashtra Municipal Corporations (Amendment)
Ordinance, 2022
In section 5 of the Mumbai Municipal Corporation Act, in subsection (2), in
clause (a), for the words "two hundred and thirty-six" the words
"two hundred and twenty-seven" shall be substituted.
In section 5 of the Maharashtra Municipal Corporations Act, in sub-section (2),
in clause (a), for the TABLE, the following TABLE shall be substituted, namely
:--
Notwithstanding anything contained in the Mumbai Municipal Corporation Act and
the Maharashtra Municipal Corporations Act (hereinafter, in this Chapter,
referred to as "the said Acts") and the rules, notifications or
orders made thereunder, where the process,-