Maharashtra · 1965 · Act 40
The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965
In force202 sections· Govt of Maharashtra
1.Short title, extent and commencement.
2.Definitions.
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.
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.
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.
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.
19A.Deleted.
20.Publication of names of nominated Councillors.
21.Disputes in respect of election, or nomination of Councillors.
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.
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.
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
49.Duties and functions of the Council.
49A..Performance of functions by agencies.
50.Obligation to prepare Water Supply Scheme and to make sufficient drinking water available within certain period.
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.
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.
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 functions 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.
74.Appointment of Director and Regional Directors of Municipal Administration and their powers and the powers of the Collector.
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.
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.
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.
85.Joint Committees of local bodies.
86.Deleted.
87.Acts and proceedings of Council and Committees not vitiated by disqualifications, etc., of members thereof.
87A.Disclosure of specified information.
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 Government Premises (Eviction) Act to municipal premises, with certain modifications.
101.Budget.
102.Municipal accounts.
103.Publication of accounts.
104.Audit of accounts.
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 to 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.
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.
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.
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.
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.
147A.Additional Stamp duty on certain transfers of immovable properties in certain municipal areas.
148.Fees may be charged for certain licences, permission, etc.
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.
Rules, notifications and orders under this Act
Listed from India Code. Each opens there.