LexThe Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1965 : Mah. XL] 1
THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND
INDUSTRIAL TOWNSHIPS ACT, 1965
[Text as on 4th April 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
MUNICIPAL COUNCILS
(1) Municipal areas and their classification.
3. Specification of areas as smaller urban areas.
4. Classification of smaller urban areas.
5. Effect of reclassification of a municipal area.
6. Alteration of the limits of a municipal area.
(2) Municipal Authorities and Establishment of Councils.
7. Municipal authorities charged with execution of the Act.
8. Establishment and Incorporation of Councils.
9. Composition of Councils.
9A. Persons contesting election for reserved seat to submit Caste Certificate and Validity
Certificate.
(3) Elections and publication of names of elected and nominated Councillors.
10. Division of municipal area into wards and reservation of wards for Women, Scheduled
Castes and Scheduled Tribes.
10A. State Election Commissioner.
10AA. Power of State Election Commissioner to issue directions to prevent impersonation.
11. Preparation of list of voters.
11A. [Deleted].
11B. [Deleted].
12. Right to vote.
13. Manner of voting.
14. Other restrictions on voting.
15. Qualification for becoming Councillor.
16. Disqualifications for becoming a Councillor.
17. Power to make rules regulating elections.
18. Failure to elect.
19. Declaration of results of election.
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19A. [Deleted].
20. Publication of names of nominated Councillors.
(4) Disputes in respect of election, or nomination of Councillors.
21. Disputes in respect of election, or nomination of Councillors.
(5) Corrupt practices and other electoral offences.
22. Corrupt practices.
23. Prohibition of public meetings on the election day.
24. Disturbances at election meeting.
25. Prohibition of canvassing in or near polling stations.
26. Penalty for disorderly conduct in or near polling stations.
27. Penalty for misconduct at polling stations.
28. Penalty for illegal hiring or procuring of conveyances at election.
29. Maintenance of secrecy of voting.
30. Officers, etc. at election not to act for candidates or to influence voting.
31. Breaches of official duty in connection with election.
32. Removal of ballot paper from polling station to be an offence.
33. Other electoral offences and penalties therefor.
34. Prosecution regarding certain offences.
(6) Power of requisitioning for election purposes.
35. Requisitioning of premises, vehicles, etc., for election.
36. Payment of compensation.
37. Power to obtain information.
38. Eviction from requisitioned premises.
39. Release of premises from requisition.
(7) Duration of Council and Term of office of Councillors.
40. Duration of Council.
41. Term of office of Councillors.
41A. Election to constitute Council.
42. Liability of Councillors to removal from office.
43. Resignation not to affect subsequent disqualification of a Councillor.
44. Disqualification of Councillor during his term of office.
45. Special provisions regarding disqualification for failure to pay taxes due to the Council.
46. Section 45 not to affect Council‘s other powers for recovery of taxes.
47. Councillor to vacate all offices if he ceases to be Councillor.
48. Casual vacancies how to be filled up.
48A. [Deleted].
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CHAPTER III
DUTIES AND FUNCTIONS OF THE COUNCIL AND THE MUNICIPAL EXECUTIVE
(1) Obligatory duties and discretional functions of the Council.
49. Duties and functions of the Council.
49A. Performance of functions by agencies.
(2) Special provisions for undertaking Water Supply Scheme.
50. Obligation to prepare Water Supply Scheme and to make sufficient drinking water
available within certain period.
(3) President and Vice-President.
51. Election of President.
51A-1A. Direct Election of President.
51A-1B. [Deleted].
51-1A. Reservation of office of President.
51-1B. Person contesting election for reserved office of President to submit Caste Certificate and
Validity Certificate.
51A. Election of Vice-President.
51B. Nominations of Councillors.
52. Term of office of President.
53. Resignation of President.
54. Resignation of Vice-President.
55. Removal of President by Councillors.
55-1. Removal of President directly elected under section 51A-1A.
55-1A. Removal of Vice-President by Councillors.
55A. Removal of President and Vice-President by Government.
55B. Disqualification for continuing as Councillor or becoming Councillor on removal as
President or Vice-President.
56. Consequences of absence of President or Vice-President without leave.
57. President or Vice-President to handover charge.
58. Functions of President.
59. Functions of Vice-President.
60. Simultaneous vacancy in the offices of President and Vice-President.
61. Honorarium or Sumptuary allowance to President and meeting allowance to Councillors.
(4) Committees.
62. Appointment of Standing Committees and Subjects Committees of ‗A‘ and ‗B‘ Class
Councils.
63. Constitution of Subjects Committees of ‗A‘ and ‗B‘ Class Councils.
64. Constitution of Standing Committees of ‗A‘ and ‗B‘ Class Councils.
65. Standing and Subjects Committees for ‗C‘ Class Councils.
66. Constitution of Standing Committee of ‗C‘ Class Councils.
66A. Constitution of Wards Committees.
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67. Special Committees.
68. Term of office of Chairman and members of Standing and Subjects Committees.
69. Casual vacancies in Committees of the Council.
70. Functions and powers of Standing Committees and Subjects Committees.
71. By-laws under section 70 subject to Director‘s previous approval.
71A. Powers and fun ctions of Standing Committee or Special Committee to be exercised or
performed by Council or Special Subjects Committee, if necessary.
72. Limits of powers of Committees and Council in respect of financial sanction.
73. Subordination of Committees to Council.
CHAPTER IV
DIRECTOR OF MUNICIPAL ADMINISTRATION AND COLLECTOR
74. Appointment of Director and Regional Directors of Municipal Administration and their
powers and the powers of the Collector.
CHAPTER V
PROVISIONS REGARDING OFFICERS AND SERVANTS
75. Appointment of Chief Officer, Engineer, Water Works Engineer, Health Officer, Auditor,
Education Officer and Fire Officer and certain other Officers.
75A. Constitution of Maharashtra Municipal Services and provisions relating thereto.
76. Appointment of other officers and servants.
77. Powers and duties of Chief Officer.
77A. Sumptuary allowance to Chief Officer.
78. Powers and duties of other officers and servants.
(1) Prevention of delay in discharge of official duties.
78A. Citizen‘s Charter.
78B. Delegation of power.
78C. Disciplinary action.
78D. Non-application of provisions of section 78C in certain circumstances.
79. Punishment of officers and servants.
79A. Sanction for prosecution of officers and servants of Council.
80. By-laws to be made regulating certain conditions of service.
CHAPTER VI
CONDUCT OF BUSINESS
(1) Meetings.
81. Provisions in regard to meetings of Council.
82. Meetings of Committees.
83. Proceedings of the Council, Standing Committee, etc.
83A. Deemed Sanction.
84. Power of Council or Committee to require information, documents, etc., from
Chief Officer.
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85. Joint Committees of local bodies.
86. [Deleted].
(2) Validity of proceedings.
87. Acts and proceedings of Council and Committees not vitiated by disqualifications, etc.,
of members thereof.
CHAPTER VI-A
DISCLOSURE OF SPECIFIED INFORMATION
87A. Disclosure of specified information.
CHAPTER VII
MUNICIPAL PROPERTY, FUNDS, CONTRACTS AND LIABILITIES
88. Power to acquire and hold property.
89. Decision of claims to property by or against the Council.
90. Municipal Fund.
90A. Establishment of Consolidated Water Supply and Sewage Disposal Project Fund.
90B. Establishment of Water and Sewage Fund.
90C. Powers of Council to borrow money.
90D. When and how loan shall be repaid.
90E. Maintenance and application of sinking fund.
90F. Investment of sinking fund.
90G. Annual examination of sinking funds.
90H. Provisions for loans raised before appointed day.
90I. Attachment of Municipal Fund in default of repayment of loan.
90J. Annual statement to be prepared by Chief Officer.
91. Constitution of Salary Reserve Fund.
91A. Dry Latrines Conversion Fund.
92. Provisions regarding transfer of municipal property.
92A. Transfer of moveable property.
93. Provisions relating to contracts and tenders.
94. Bar against officers and servants being interested in contract.
95. Penalty to Councillors, officers and servants for improper interest in contracts, etc.
96. Liability of Councillors, officers and servants for loss, or damage.
97. Application of municipal property and funds within and without the municipal area.
98. Special provision regarding loan of fire-fighting equipment, etc.
99. Power to deposit and invest surplus funds.
100. Power to compromise suits.
100A. Application of Go vernment Premises (Eviction) Act to municipal premises , with
certain modifications.
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CHAPTER VIII
BUDGETS AND ACCOUNTS
101. Budget.
102. Municipal accounts.
103. Publication of accounts.
104. Audit of accounts.
CHAPTER IX
MUNICIPAL TAXATION
(1) Imposition of compulsory and voluntary taxes.
105. Imposition of compulsory taxes.
106. Loss of income from tax due to exemption to be reimbursed by Government.
106A. Temporary provision for levying general tax at reduced rate in area of Zilla Parishad
included in a smaller urban area.
106B. Transitory provisions in respect of property tax on capital value.
107. Provision for exempting ‗C‘ Class Councils from levying certain taxes temporarily.
108. Other taxes which Council may impose.
108A. Fees.
109. Procedure preliminary to imposing tax under section 108 and fees under section 108A.
110. Discretionary tax when sanctioned not t o be abolished without previous sanction
of Government.
111. Local publication of by-laws relating to taxes, with notice.
112. Council may vary rates of tax within prescribed limits.
(2) Assessment and liability to tax on building and lands.
113. Appointment of authorised Valuation Officer.
114. Rateable value how to be determined.
115. Preparation of assessment list.
116. Person primarily liable for a property tax how to be designated if his name cannot
be ascertained.
117. Authorised Valuation Officer to check assessment.
118. Publication of notice of assessment list.
119. Public notice of time fixed for lodging objections.
120. Objection how to be dealt with.
121. Authentication of list of assessment.
122. Authentic list how far conclusive.
123. Amendment of assessment list.
124. Preparation of new assessment list and periodical revision of rateable values.
125. Primary responsibility for property taxes on whom to rest.
126. When occupiers may be held liable for payment of property taxes.
127. Partial remission in respect of property remaining unoccupied.
127A. Rebate in property tax for advance payment.
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127B. Rebate or remission in property tax for implementing ecologically beneficial scheme.
128. When building or land deemed to be productive of rent.
129. Parties to transfer of property to give notice of transfer.
130. Form of notice.
131. In absence of notice, liability to taxes to continue on original holder.
132. Fixed charges and agreements for payment in lieu of special water tax.
133. Power to fix special rate in lieu of special sanitary tax.
134. Recovery of sums claimed under the last two preceding sections.
135. Council may sell surplus water for use outside municipal area.
(3) Tolls [Deleted].
136. [Deleted].
137. [Deleted].
138. [Deleted].
139. [Deleted].
140. Tables of tolls to be shown on demand.
141. Power to seize vehicle or animal or goods for non - payment of toll and to dispose of
seized property.
142. [Deleted].
143. [Deleted].
143A. [Deleted].
144. Farming of tolls.
(4) Supplementary provisions regarding taxes.
145. Power to compound tax on vehicles or animals.
146. Assessment not invalid for defect of form.
147. Power of State Government to require Councils to impose taxes.
(4A) Stamp duty.
147A. Additional Stamp duty on certain transfers of immovable properties in certain municipal
areas.
(5) Fees.
148. Fees may be charged for certain licences, permission, etc.
CHAPTER IXA and 148A to 148O Deleted.
CHAPTER X
RECOVERY OF MUNICIPAL CLAIMS
149. Mode of recovery of any money claimable under this Act.
150. Presentation of bill for sums due to Council and discount for prompt payment.
150A. Levy of penalty on unpaid amount of Bill.
150B. Special provision for facility for payment of property taxes.
150C. Power to assess in case of escape from assessment.
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151. [Deleted].
152. When warrant may be issued.
153. To whom warrant addressed.
154. Power of entry by force under special order.
155. Warrant how to be executed.
156. Sale of property distrained or attached; application of proceeds of sale.
157. Surplus, if any, how dealt with.
158. Sale outside municipal area.
159. Fees and costs chargeable.
160. Summary proceedings may be taken against person about to leave municipal area.
161. Sales in other cases by whom to be ordered and the m anner of making and confirming
them.
162. Liability of lands, buildings, etc., for taxes.
163. Receipts to be given for all payments.
164. Certain amounts to be recovered as arrears of land revenue.
165. Stay orders on warrants by whom to be issued.
166. [Deleted].
167. Power to write off.
167A. Power of Council to grant rebate for payment of arrears of tax.
168. Appointment of Recovery Officer.
169. Appeals to Magistrates or committee.
170. Procedure in appeal.
171. Revision by Court.
171A. Power of Chief Officer to make fresh assessment.
172. Bar of other proceedings.
172A. Assessment subject to valuation or revision by Municipal Property Tax Board.
CHAPTER XI
STREETS AND OPEN SPACES
173. Powers in respect of public streets.
174. Powers to declare any street a public street, subject to objections by owners.
175. Power to require repair, etc., of private streets and to declare them as public streets.
176. Regular line of a public street.
177. Setting back projecting buildings.
178. Setting forward to regular line of street.
179. Surface projections, obstructions and encroachments in respect of public streets.
180. Prohibition of projections other than surface projections upon streets, etc.
181. Projections, encroachments, etc., in public places and open spaces, whether vesting
Council or not.
182. Power to require boundary walls, hedges, etc., to be constructed or removed.
183. New private streets.
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184. Troughs and pipes for rain water.
185. Naming and numbering streets and numbering of premises.
186. Displacing pavements, etc.
187. Prohibition of sale of articles in public streets, without licence.
188. Prohibition of playing hand-carts without licence.
CHAPTER XII
CONTROL OVER BUILDINGS
189. Notice of construction of building.
189A. Levy of penalty on unlawful building.
190. Power of Chief Officer and Council to refuse permission.
191. Level of buildings.
192. Roofs and external walls of buildings not to be made of inflammable materials.
193. Completion certificate, permission to occupy or use.
193A. Structural stability certificate.
194. Building for human habitation not to be used as godown, etc., and vice versa.
194A. Responsibility of owner as occupier to keep and mainta in exterior of building in good
condition.
194B. Power of Chief Officer to make declaration of aesthetic harmony.
195. Removal of building structures, etc., which are in ruins or likely to fall.
196. Penalty for defacing building, etc.
197. Fixing of lamps, brackets, etc., to houses.
198. Regulation of huts.
199. Improvement of huts.
CHAPTER XIII
DRAINAGE
200. Municipal control over drainage.
201. Power of making and repairing drains.
202. Power to require sufficient drainage of houses.
203. New building not to be erected without drains.
204. Power of owners and occupiers of buildings or lands to drain into municipal drains.
205. Right to carry drain through land or into drain belonging to other persons.
206. Rights of owner of land through which drain is carried in regard to subsequent building
thereon.
207. Provision of privies, etc.
208. Power to require owners to keep drains, etc., in proper order ; or to demolish or close a
privy or cesspool.
209. Power to close private drains and cesspools.
210. Encroachment on municipal drains.
211. Power in respect of drains, etc., unauthorisedly constructed, rebuilt or unstopped.
212. Inspection of drains, etc.
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213. Council may execute certain works without option to person concerned of executing the
same.
214. Pipes, etc., constructed by Council to be municipal property.
CHAPTER XIV
WATER SUPPLY
215. Prohibition of certain acts affecting the municipal water works.
216. Prohibition of wilful or neglectful acts relating to water works.
217. Prohibition of constructing drains, etc., near sources of water supply.
218. Power of carrying water mains.
219. Power to require water supply to be taken.
219A. Obligation of Council to partake common facility.
220. Powers and duties with regard to dangerous, stagnant or insa nitary sources of water
supply.
221. Power to regulate bathing and washing places.
222. Inspection of Municipal water-works by persons appointed by State Government.
223. Digging of wells, etc., without permission prohibited.
CHAPTER XV
PUBLIC SAFETY AND CONVENIENCES
224. Fencing and lighting during repairs, etc.
225. Dangerous quarrying.
226. Hoards to be set up during repairs, etc.
227. Power to require precaution in place of public entertainments.
228. Powers for suppression of fires.
CHAPTER XVI
NUISANCES
229. Depositing dust, etc., committing nuisance.
230. Discharging sewage, etc.
231. Non-removal of filth, etc.
232. Removal of night-soil.
233. Using offensive manure, etc.
234. Abatement of nuisance from wells, etc.
235. Buildings or rooms in buildings unfit for human habitation.
236. Filthy buildings, etc.
CHAPTER XVII
PREVENTION AND CONTROL OF DANGEROUS DISEASES
237. Dangerous diseases.
238. Power to prohibit use of public conveyances for carriage of persons suffering from
dangerous diseases.
239. Restrictions on persons suffering from dangerous diseases.
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240. Control and prevention of dangerous diseases.
241. Information to be given to the Chief Officer or He alth Officer about incidence of
dangerous diseases.
242. Power of entry into places where cases of dangerous disease suspected.
243. Chief Officer or Health Officer may direct owner or occupier to take certain
precautionary measures and in default, carry out the same.
244. Prohibition of use of water likely to spread dangerous disease.
245. Additional powers of Council on threatened outbreak of dangerous disease.
246. Penalty for contravention of provisions relating to dangerous diseases.
247. Payment of compensation.
248. Diseases among animals.
249. Proceedings to abate overcrowding of interiors of buildings.
250. Withdrawal and modification of powers and orders under this Chapter.
251. Special powers in respect of overcrowding area.
CHAPTER XVIII
DISPOSAL OF DEAD BODIES AND CARCASSES OF ANIMALS
252. Council to provide or permit burning and burial grounds.
253. Closing of places for disposal of dead.
254. Acts prohibited in connection with disposal of dead.
255. Certificate for disposal of dead.
256. Disposal of dead animals.
CHAPTER XIX
VITAL STATISTICS
257. Council to provide funds and employ staff for registration.
258. Registers of births and deaths.
259. Intimation regarding birth.
260. Information regarding foundlings.
261. Intimation regarding name of child.
262. Intimation regarding death.
263. Report by medical practitioners.
264. Correction of errors in registers.
265. Penalty for failure to report births and deaths and for false statements.
CHAPTER XX
MARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS
(1) Markets and Slaughter-houses.
266. Power to provide and maintain municipal markets and slaughter-houses.
267. Private markets, etc., not to be held without licence.
268. Slaughter-houses, etc., beyond municipal area.
269. Restriction on slaughter of animals for sale.
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270. Provisions for requiring private market buildings and slaughter -houses to property paved
and drained.
271. Provisions regarding approaches and environs of private markets.
272. Levy of stallages, rents and fees.
273. Farming of markets and slaughter-house rents.
(2) Other occupations and trades.
274. Control on preparations of food, eating houses, hotels, lodging houses, etc.
275. Control on dairies and business in milk, milk products and sweet-meats.
276. Control of stables.
277. No separate licence necessary if one is obtained under Prev ention of Food Adulteration
Act.
278. Factory, etc., not to be established without licence.
279. Prohibition of use of steam whistles, etc.
280. Certain other trade and occupations not to be carried on without licence.
281. Certain articles not to be kept without licence.
CHAPTER XXI
CATTLE-POUNDS AND OTHER PROVISIONS RELATING TO ANIMALS
(1) Cattle-Pounds.
282. Cattle-trespass Act to cease to apply to municipal areas.
283. Power to establish cattle-pounds and appoint pound-keepers.
284. Duties of pound-keepers.
285. Impounding cattle.
286. Delivery of cattle claimed.
287. Security in respect of impounded cattle.
288. Sale of cattle not claimed.
289. Pound-fees and expenses chargeable to be fixed.
290. Complaints of illegal seizure or detention.
(2) Other provisions relating to animals.
291. Penalty for allowing cattle to stray in street or to trespass upon private or public property.
292. Tethering cattle, etc.
293. Provisions as to dogs.
294. Provision as to keeping of pigs.
295. Feeding animals on filth prohibited.
CHAPTER XXII
PROSECUTIONS, SUITS AND POWERS OF POLICE
296. Provisions as respects institution, compounding, etc., of criminal actions.
297. Distress lawful though defective in form.
298. Damage to municipal property how made good.
299. General penalty.
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300. Minimum penalty for offences under this Act.
300A. Offences under section 189 to be cognizable and bailable.
301. Power to institute, defend suits, etc.
301A. Bar of jurisdiction.
302. Councillors, officers, servants, etc., to be public servants.
302A. Power of State Government to accord previous sanction.
303. Bar of suits against Council, its officers, servants, etc., for acts done in good faith.
304. Limitation of suits against Council, its committees, officers and servants for acts done in
pursuance or execution of this Act.
305. Powers of Police Officers.
CHAPTER XXIII
CONTROL
306. Powers of inspection and supervision.
307. Powers to call for returns and reports.
308. Powers to suspend execution of orders and resolution of Council on certain grounds.
309. Extraordinary powers of execution of certain works in case of emergency.
310. Power of Director to prevent extravagance in the employment of establishment.
311. Inquiry into municipal matters by State Government.
312. Power of Director to enforce performance of duties.
312A. Power of State Government to issue instruction or directions.
313. Power to dissolve a Council.
314. [Deleted].
315. [Deleted].
316. Consequences of dissolution.
317. Re-constitution of Council after dissolution.
318. Revisional powers of State Government.
319. State Government‘s powers to enforce its orders.
320. Powers of review.
CHAPTER XXIV
RULES AND BY-LAWS
321. Power of Government to make rules.
322. Power of Council to make by-laws.
323. Power to make and enforce acceptance of model by-laws.
324. Copies of Act, rules and by -laws to be made available at Council‘s office for public
inspection and for sale.
CHAPTER XXV
SERVICE OF NOTICES, EXECUTION OF WORKS ON
DEFAULT AND COMPENSATION
325. Service of notices, etc., addressed to individuals.
326. Publication of public and general notices.
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327. Reasonable time to be fixed when no time fixed under the Act for any requisition.
328. Council in default of owner or occupier may execute works and recover expenses.
329. Proceedings, if any occupier opposes the execution of the Act.
330. Determination of damages, compensation etc.
331. Costs or expenses how determined and recovered.
CHAPTER XXVI
MISCELLANEOUS
332. Informalities and errors in assessment, etc., not to be deemed to invalidate such
assessment, etc.
333. Entry for purposes of the Act.
334. Chief Officer may authorise any person to enter upon adjoining premises.
335. Power of Chief Officer to call for information as to ownership of any property.
336. Power of Collector to recover record and money.
337. Power to grant ex-post facto sanction.
338. General provisions regarding grant, suspension or withdrawal of licences and written
permission and levy of fees, etc.
339. Power to order closure of place.
340. Power of State Government to make suitable provision by order when a Municipal area is
created or altered.
341. Abolition of Municipalities.
CHAPTER XXVI-A
NAGAR PANCHAYATS
341A. Specification of a transitional area and incorporation of a Nagar Panchayat.
341B. Constitution and Elections to Nagar Panchayat.
341B-1. Election of President of Nagar Panchayat.
341B-1A. Direct election of President of Nagar Panchayat.
341B-1B. Non-Application of section 341B-1A for election of President of Nagar Panchayat.
341B-2. Election of Vice-President of Nagar Panchayat.
341B-3. Nomination of Councillors of Nagar Panchayat.
341B-4. Term of office of President of Nagar Panchayat.
341B-5. Removal of President of Nagar Panchayat by Councillors.
341B-6. Removal of Vice-President of Nagar Panchayats by Councillors.
341B-7. Application of certain sections to Nagar Panchayats.
341C. Power to extend provisions of this Act relating to Councils to a transitional area.
341D. Abolition or alteration of a transitional area.
341E. Consequences of such abolition or alteration.
CHAPTER XXVI-B
INDUSTRIAL TOWNSHIPS
341F. Specification of Industrial Townships.
341G. Incorporation of Industrial Townships Authority.
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341H. Constitution of Industrial Townships Authority.
341I. Term of Office of Members.
341J. Terms and conditions of services of Chief Executive Officer and Members.
341K. Meetings of Industrial Township Authority.
341L. Authentication of orders and documents of Industrial Township Authority.
341M. Functions and duties of Industrial Township Authority.
341N. Powers of Industrial Township Authority.
341O. Power to make regulation.
341P. General control of Government.
341Q. Powers to susp ended execution of orders and resolutions of Industrial Townships
Authority on certain grounds.
341R. Power to appoint Administrator in certain circumstances.
341S. Application of Regional and Town Planning Act.
CHAPTER XXVII [Deleted].
342. [Deleted].
CHAPTER XXVIII
REPEALS AND TRANSITORY PROVISIONS
343. Repeal.
344. Interpretation.
345. Special provisions regarding Councillors of existing Councils whose term is due to expire
after 31st December 1965.
345A. Establishment, composition and term of office of first successor Council, if term of
existing Councillors is made to expire before 31st December 1967.
346. Consequences of replacement of existing Councils.
347. Provisions relating to officers and servants.
348. Special provisions relating to existing Members of Hyderabad Area Local Government
Service.
349. Obligation to carry out certain duties and functions of existing Councils.
350. [Deleted].
351. Power to remove difficulty.
SCHEDULE I
SCHEDULE IA
SCHEDULE II
SCHEDULE III
SCHEDULE IV [Deleted]
SCHEDULE V
SCHEDULE VI
SCHEDULE VII
SCHEDULE VIII
SCHEDULE IX
16 The Maharashtra Municipal Councils, Nagar Panchayats and [1965 : Mah. XL
Industrial Townships Act, 1965
1965 : Mah. XL] The Maharashtra Municipal Councils, Nagar Panchayats and 17
Industrial Townships Act, 1965
LIST OF AMENDMENT ACTS
1. Amended by Mah. 52 of 1965
2. Amended by Mah. 14 of 1966
3. Amended by Mah. 8 of 1967
4. Amended by Mah. 10 of 1967
5. Amended by Mah. 27 of 1967
6. Amended by Mah. 6 of 1968
7. Amended by Mah. 25 of 1969
8. Amended by Mah. 43 of 1969
9. Amended by Mah. 38 of 1971 (1-5-1974)
10. Amended by Mah. 12 of 1972
11. Amended by Mah. 34 of 1972
12. Amended by Mah. 21 of 1973 (15-11-1976)
13. Amended by Mah. 47 of 19731 (16-10-1973)
14. Amended by Mah. 4 of 1974 (23-10-1974)
15. Amended by Mah. 38 of 1974 (20-5-1974)
16. Amended by Mah. 16 of 1975 (1-4-1975)
17. Amended by Mah. 45 of 1975 (16-9-1975)
18. Amended by Mah. 9 of 1976 (12-4-1976)
19. Amended by Mah. 61 of 1977 (1-1-1978)
20. Amended by Mah. 10 of 19802 (29-12-1979)
21. Amended by Mah. 20 of 19803 (16-10-1980)
22. Amended by Mah. 12 of 1981 (4-2-1981)
23. Amended by Mah. 19 of 1981 (15-7-1981)
24. Amended by Mah. 20 of 1981 (28-4-1981)
25. Amended by Mah. 67 of 19814 (1-10-1981)
26. Amended by Mah. 68 of 1981 (28-12-1981)
27. Amended by Mah. 69 of 1981 (28-12-1981)
28. Amended by Mah. 11 of 1983 (1-5-1983)
29. Amended by Mah. 27 of 19835 (20-5-1983)
1 This Act, except section 5 thereof, was deemed to have come into force on 16th October 1973.
2 Maharashtra Ordinance No. XI of 1979 was repealed by Mah. 10 of 1980, s. 11(1).
3 Maharashtra Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980, s. 23
4 Maharashtra Ordinance No. XIII of 1981 was repealed by Mah. 67 of 1981, s. 6.
5 Maharashtra Ordinance No. XI of 1983 was repealed by Mah. 27 of 1983, s. 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
18 The Maharashtra Municipal Councils, Nagar Panchayats and [1965 : Mah. XL
Industrial Townships Act, 1965
30. Amended by Mah. 32 of 19831,2 (1-4-1981)
31. Amended by Mah. 34 of 19833 (18-6-1983)
32. Amended by Mah. 7 of 19844 (30-3-1984)
33. Amended by Mah. 7 of 19865 (20-12-1985)
34. Amended by Mah. 4 of 1987 (18-2-1988)
35. Amended by Mah. 20 of 1987 (1-11-1987)
36. Amended by Mah. 11 of 1988 (25-4-1988)
1 Maharashtra Ordinance No. XIII of 1983 was repealed by Mah. 32 of 1983.
2 Section 5 of Mah. 32 of 1983 reads as follow :—
―5. Validation of certain taxes levied and collected without notice of increase of rate of tax to owners and
occupiers of properties. — Notwithstanding anything contained in the principal Act, or in any rules or by -laws made
thereunder or in any judgment, decree or order of any Court, any taxes levied and collected in accordance with the
provisions of the principal Act by any Council on and after the 1 st April 1981, without giving any notice to the owners
and occupiers of the properties of any increase made in the rate at which any tax is leviab le or of the increased
assessment of their properties due to any such increase in the rate of the tax, shall be deemed to be validly levied and
collected and shall be deemed always to have been valid, and shall not be called in question in any Court on the ground
only that any such notice was not given before the tax at the higher rate was levied and collected. No suit or other
proceeding shall be maintained or continued in any Court for the refund of any amount of tax so levied and collected.‖.
3 Sections 4 and 5 of Mah. 34 of 1983 read as follows :—
―4. Validation of certain appointments to subordinate service. — Notwithstanding anything contained in the
Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 1973), every person who has been
appointed to any post in the subordinate service on or before the day immediately preceding the date of commencement
of this Act, and who is still in the service on the date of commencement of this Act, shall be deemed to have been vali dly
appointed to that post, notwithstanding that such person was not nominated or recommended by a Selection Board, or as
the case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services (Subordinate)
Selection Board Rules, 1976, or any other Rules or Orders for the time being in force or that no revised rules for
selection of candidates by a Selection Board or a Special Selection Board were framed; and no such appointment shall be
called in question in any Court or before any authority merely on the ground that he was not duly selected or appointed:
Provided that,—
(a) In the case of such appointment under the State Government, the initial appointment of the person is made,—
(i) in conformity with the age limit and minimum qualifications prescribed in the recruitment rules for the post
in force at the time of such appointment;
(ii) from amongst candidates recommended by the Employ ment Exchange or Social Welf are Officer or
Backward Class Organization authorized by Government to sponsor candidates for appointment to Government Service
or the Collector from the list of candidates employed during the 1977-78 strike period;
(iii) in conformity with the orders issued by Government, from time to time, in respect of reservation of posts
for persons belonging to backward classes, economically weaker sections, ex -servicemen, physically handicapped
persons, or any other category; and
(b) in the case of such appointment under the Zilla Parishads , the Municipal Councils, the Municipal School
Boards constituted under the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), the Maharashtra State
Electricity Board constituted unde r the Electricity (Supply) Act, 1948 (LIV of 1948), and the Maharashtra State Road
Transport Corporation constituted under the Road Transport Corporations Act, 1950 (LXIV of 1950), the initial
appointment of the person is made in conformity, with their relevant rules or regulations or orders made by the authority
concerned for the post, or any order issued in that behalf by Government, and in force at the time of such appointment.
Explanation.— For the purpose of determining the initial appointment referred to in the proviso to this section,
any technical break in service effected, and any subsequent formal order of appointment made, in respect of any person,
continued in any post in the Subordinate Service, in order to comply with the requirements of any rules or orders made or
issued in respect of recruitment to the Subordinate Service, shall be ignored.
―5. Savings.— Save as otherwise provided in this Act, the provisions of section 7 of the Bombay General Clauses
Act, 1904 (Bom. I of 1904) with regard to effect of repeal, shall apply.‖.
4 Section 7 of Mah. 7 of 1984 reads as under :—
―7. Removal of difficulty.— If any difficulty arises in giving effect to the provisions of any of the Acts, as amended
by this Act, during the period of one year from the date of coming into force of this Act, the State Government may, as
occasion arises, by order, do anything, not inconsistent with such provisions, which appears to it to be necessary or
expedient for the purpose of removing the difficulty.‖.
5 Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1965 : Mah. XL] The Maharashtra Municipal Councils, Nagar Panchayats and 19
Industrial Townships Act, 1965
37. Amended by Mah. 28 of 19891 (12-6-1989)
38. Amended by Mah. 12 of 1990 (12-2-1990)2
39. Amended by Mah. 13 of 19903
40. Amended by Mah. 26 of 1990
41. Amended by Mah. 33 of 1990 (17-9-1990)4
42. Amended by Mah. 22 of 1991 (9-9-1991)
43. Amended by Mah. 14 of 19925 (14-5-1992)
44. Amended by Mah. 21 of 19926 (10-8-1992)
45. Amended by Mah. 13 of 19937,8 (30-12-1992)
46. Amended by Mah. 18 of 1993
47. Amended by Mah. 30 of 1993 (1-9-1993)
48. Amended by Mah. 15 of 1994
49. Amended by Mah. 24 of 1994
50. Amended by Mah. 41 of 1994 (31-5-94)9
51. Amended by Mah. 43 of 199410 (2-11-1994)11
52. Amended by Mah. 44 of 199412 (11-11-1994)
1 Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8.
2 Maharashtra Ordinance No. III of 1990 was repealed by Mah. 12 of 1990, s. 14.
3 Section 9 of Mah. 13 of 1990 reads as under :—
―9. Sitting women councillors to continue to hold office. — For the removal of doubt, it is hereby declared that
every woman Councillor elected to a reserved seat in any of the Municipal Councils established under the Maharashtra
Municipalities Act, 1965 (Mah. XL of 1965) and holding office as such Councillor on the date of commencement of the
Maharashtra Municipal Corporations and Municipalities (Second Amendment) Act, 1990 (Mah. XIII of 1990), shall
unless she resigns or is disqualified to hold such office of Councillor before the expiry of her term, continue to be such
Councillor till the expiry of her term, as if the amendment made to the Maharashtra Municipalities Act, 1965 (Mah. XL
of 1965) by the Maharashtra Municipal Corporations and Municipalit ies (Second Amendment) Act, 1990 (Mah. XIII of
1990), had never been made.‖.
4 Maharashtra Ordinance No. IX of 1990 was repealed by Mah. 33 of 1990, s. 3.
5 Maharashtra Ordinance No. VI of 1992 was repealed by Mah. 14 of 1992, s. 3.
6 Maharashtra Ordinance No. IX of 1992 was repealed by Mah. 21 of 1992, s. 27.
7 Maharashtra Ordinance No. XVIII of 1992 was repealed by Mah. 13 of 1993, s. 7.
8 Section 7 of Mah. 13 of 1993 read as under :—
―7. Power to remove difficulties. — If any difficulty arises in giving effect to the provisions of the principal Act as
amended by this Act, the State Government may, as occassion arises, by order do anything not inconsistent with such
provisions, which appears to it to be necessary or expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years commencing on the 30 th
December 1992.‖
9 Maharashtra Ordinance No. X of 1994 was repealed by Mah. 41 of 1994, s. 163.
10 Maharashtra Ordinance No. XVII of 1994 was repealed by Mah. 43 of 1994, s. 6.
11 Section 5 of Mah. 43 of 1994 read as follows :—
―5. Power to remove difficulties. — If any difficulty arises in giving effect to the provisions of the principal Act, as
amended by this Act, the State Government may, as occasion arises by order do anything not inconsistent with such
provisions, which appears to it to be necessary or expedient for the purposes of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from 2nd November 1994.‖.
12 Maharashtra Ordinance No. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
20 The Maharashtra Municipal Councils, Nagar Panchayats and [1965 : Mah. XL
Industrial Townships Act, 1965
53. Amended by Mah. 5 of 19951 (31-5-1994)2
54. Amended by Mah. 13 of 1995 (12-6-1995)
55. Amended by Mah. 11 of 1996 (21-1-1996)
56. Amended by Mah. 21 of 1996 (16-5-1996)
57. Amended by Mah. 12 of 1997 (26-11-1996)3
58. Amended by Mah. 31 of 1999 (1-5-1999)
59. Amended by Mah. 2 of 2000 (30-4-1999)4
60. Amended by Mah. 43 of 2000 (13-9-2000)
61. Amended by Mah. 6 of 2001 (14-9-2000)5
62. Amended by Mah. 30 of 2001 (29-6-2001)6
63. Amended by Mah. 5 of 2002 (5-1-2002)
1 Maharashtra Ordinance No. V of 1995 was repealed by Mah. 5 of 1995, s. 13.
2 Sections 11, 13 to 20 and 23 shall be deemed to have came into force on 7 th September 2001. Sections 20 and 23( i) shall
be deemed to came have into force on 7 th September 2001, sections 21 a nd 23(ii) on 7th November 2001 and sections 12
and 22 on 16th October 2001.
3 Section 1 and 5 of this Act were deemed to have came into force on 26 th November 1996; and sections 2, 3 and 4 were
deemed to have came into force on 31st May 1994.
4 Maharashtra Ordinance No. XXIII of 1999 was repealed by Mah. 2 of 2000, s. 5(1).
5 Maharashtra Ordinance No. XVI of 2000 was repealed by Mah. 6 of 2001, s. 3.
6 Maharashtra Ordinance No. XXII of 2001 was repealed by Mah. 30 of 2001, s. 3(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1965 : Mah. XL] The Maharashtra Municipal Councils, Nagar Panchayats and 21
Industrial Townships Act, 1965
64. Amended by Mah. 8 of 20021,2,3
65. Amended by Mah. 11 of 2002 (1-4-2002)4
66. Amended by Mah. 17 of 2002 (15-12-2001)5
67. Amended by Mah. 32 of 2003
68. Amended by Mah. 16 of 2004 (1-1-2005)6
69. Amended by Mah. 1 of 2005(28-1-2004)7
70. Amended by Mah. 31 of 2006 (1-10-2006)8
1 Maharashtra Ordinance No. XXVIII of 2001 and XXXVII of 2001 were repealed by Mah. 8 of 2002, s. 24.
2 Sections 11 and 13 to 20 and 23(i) were deemed to have came into force on the 7th September 200; Sections 21 and 23(ii)
were deemed to have came into force on the 7 th November 2001; Sections 12 and 22 were deemed to have came into
force on thExcerpt shown. Open the full act in Lexace.