The Maharashtra Municipal Corporations and Municipal Councils Temporary Postponement of Elections (of the Mayors and Deputy Mayors of Certain Municipal Corporations and Presidents of Certain Municipal Councils due to ensuing general elections to the State Legislative Assembly) Act, 2014

RNI No. MAHENG/2009/35528 Reg. No. MH/MR/South-344/2014–16 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 6, +ÆEòú 14] ¨ÉÆMɳý´ÉÉ®úúúú, VÉÚxÉ 10, 2014/VªÉä¹`ö 20, ¶ÉEäò 1936 [{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 50 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉvÉÒ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Municipal Corporations and Municipal Councils Temporary Postponement of Elections (of the Mayors and Deputy Mayors of Certain Municipal Corporations and Presidents of Certain Municipal Councils due to ensuing general elections to the State Legislative Assembly) Act, 2014 (Mah. Act No. XI of 2014), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, H. B. PATEL, Principal Secretary to Government, Law and Judiciary Department. –––––––––––– MAHARASHTRA ACT No. XI OF 2014. (First published, after having received the assent of the Governor in the ‘‘Maharashtra Government Gazette ’’, on the 10th June 2014) An Act to provide for temporary postponement of elections of the Mayor and Deputy Mayor of certain Municipal Corporations and of Presidents of certain Municipal Councils on account of ensuing general elections to the State Legislative Assembly. WHEREAS it is expedient to provide for temporary postponement of elections of the Mayor and Deputy Mayor of certain Municipal Corporations and of Presidents of certain Municipal Councils, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-fifth Year of the Republic of India, as follows:— 1. (1) This Act may be called the Maharashtra Municipal Corporations Short title, and Municipal Councils Temporary Postponement of Elections (of the Mayors commence- and Deputy Mayors of Certain Municipal Corporations and Presidents of ment and duration. Certain Municipal Councils due to ensuing general elections to the State Legislative Assembly) Act, 2014. ¦ÉÉMÉ +É`ö--50-1 (1) 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 10, 2014/VªÉ¹ä`ö 20, ¶ÉEòä 1936 (2) It shall come into force at once. (3) It shall remain in force for a period of six months from the date of commencement of this Act or such earlier date as may be notified by the State Government by issuing a notification in the Official Gazette; and shall then expire. Section 7 of the Maharashtra General Clauses I of Act, shall apply upon the expiry of this Act, as if it had been repealed by 1904. a Maharashtra Act. Definitions. 2. In this Act, unless the context otherwise requires,— (a) “Municipal Corporation” means a Municipal Corporation III of 1888. constituted under the Mumbai Municipal Corporation Act, or the LIX of Maharashtra Municipal Corporations Act, ; 1949. (b) “Municipal Council ” means a Municipal Council or a Nagar Mah. XL Panchayat constituted under the Maharashtra Municipal Councils, of 1965. Nagar Panchayats and Industrial Townships Act, 1965 ; (c) “relevant Act”, in relation to a Municipal Corporation, means the relevant Act referred to in clause (a) and in relation to a Municipal Council, means the Act referred to in clause (b) above; (d) words and expressions used in this Act and not defined herein shall, have the meanings assigned to them in the relevant Act. Postponement 3. (1) Notwithstanding anything contained in the relevant Act or the of elections of rules made thereunder or in any judgment, decree or order of any Court,— Mayors and (a) no election to the office of the Mayor and Deputy Mayor of a Deputy Mayors and Municipal Corporation or the President of a Municipal Council shall be Presidents held for a period of six months from the date of coming into force of this and extension Act or such earlier date as may be notified by the State Government by of term of issuing a notification under sub-section (3) of section 1 (hereinafter, in their office. this Act, referred to as “ the said period”); (b) the term of offices of the Mayor and Deputy Mayor and the President of a Municipal Council, to be elected after the said period shall be co-terminus with the term of the elected Councillors. (2) Notwithstanding anything contained in sub-section(1), after the term of offices of the Mayor and Deputy Mayor and the President, as extended by this Act expires, they shall continue to hold office until the new Mayor, Deputy Mayor or, as the case may be, President, have been elected under the relevant Act. Powers of 4. All the Mayors and Deputy Mayors and Presidents, whose term of Mayor and office is deemed to have been extended or is extended, as the case may be, Deputy Mayor under section 3, shall, throughout such extended period, be deemed to have and President been and be competent to exercise all the powers, perform all the duties and whose term of office stands discharge all the functions as such Mayor and Deputy Mayor or, as the case extended and may be, President; and no act done by any of them during the said period validation of shall be invalid, or shall be called in question in any Court, merely on the certain acts. ground that during the extended period such Mayor and Deputy Mayor or, as the case may be, President could not exercise all or any of the powers or perform all or any of the duties or discharge all or any of the functions of the Mayor and Deputy Mayor or, as the case may be, the President under the relevant Acts. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÚxÉ 10, 2014/VªÉ¹ä`ö 20, ¶ÉEòä 1936 3 5. Notwithstanding anything contained in this Act, arrangements shall Arrange- be made by the concerned officers to hold the elections of the Mayor and ments to hold elections of Deputy Mayor and the President, in accordance with the provisions of the the Mayors relevant Acts and the rules made thereunder, before, or as soon as possible, and Deputy after the expiration of the term of office of the existing Mayor and Deputy Mayors and Mayor and the President, which stands extended by this Act. Presidents. 6. If any difficulty arises in giving effect to the provisions of this Act or Removal of by reason of anything contained therein, or in giving effect to the provisions difficulty. of the relevant Act in respect of any matter contained in this Act, the State Government may, as occasion arises, by order, published in the Official Gazette, do anything which appears to it to be necessary for the purpose of removing the difficulty. 7. Nothing in this Act shall apply to the election of the Mayor or Deputy Savings. Mayor of a Municipal Corporation, or President of a Municipal Council, which is to be held immediately after general election to such Municipal Corporation or the Municipal Council, during the period of duration of this Act, referred to in sub-section (3) of section 1. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.