The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

maharashtra · 1965

S. 1Short title, extent and commencement.
S. 2Definitions.
S. 3Specification of areas as smaller urban areas.
S. 4Classification of smaller urban areas.
S. 5Effect of reclassification of a municipal area.
S. 6Alteration of the limits of a municipal area.
S. 7Municipal authorities charged with execution of the Act.
S. 8Establishment and Incorporation of Councils.
S. 9Composition of Councils.
S. 10Division of municipal area into wards and reservation of wards for Women, Scheduled Castes and Scheduled Tribes.
S. 10AState Election Commissioner.
S. 10AAPower of State Election Commissioner to issue directions to prevent impersonation.
S. 11ADeleted.
S. 11BDeleted.
S. 12Right to vote.
S. 13Manner of voting.
S. 14Other restrictions on voting.
S. 15Qualification for becoming Councillor.
S. 16Disqualifications for becoming a Councillor.
S. 17Power to make rules regulating elections.
S. 18Failure to elect.
S. 19Declaration of results of election.
S. 19ADeleted.
S. 21Disputes in respect of election, or nomination of Councillors.
S. 22Corrupt practices.
S. 23Prohibition of public meetings on the election day.
S. 24Disturbances at election meeting.
S. 25Prohibition of canvassing in or near polling stations.
S. 26Penalty for disorderly conduct in or near polling stations.
S. 27Penalty for misconduct at polling stations.
S. 28Penalty for illegal hiring or procuring of conveyances at election.
S. 29Maintenance of secrecy of voting.
S. 30Officers, etc. at election not to act for candidates or to influence voting.
S. 31Breaches of official duty in connection with election.
S. 32Removal of ballot paper from polling station to be an offence.
S. 33Other electoral offences and penalties therefor.
S. 34Prosecution regarding certain offences.
S. 35Requisitioning of premises, vehicles, etc., for election.
S. 36Payment of compensation.
S. 37Power to obtain information.
S. 38Eviction from requisitioned premises.
S. 39Release of premises from requisition.
S. 40Duration of Council.
S. 41Term of office of Councillors.
S. 41AElection to constitute Council.
S. 42Liability of Councillors to removal from office.
S. 43Resignation not to affect subsequent disqualification of a Councillor.
S. 44Disqualification of Councillor during his term of office.
S. 45Special provisions regarding disqualification for failure to pay taxes due to the Council.
S. 46Section 45 not to affect Council's other powers for recovery of taxes.
S. 47Councillor to vacate all offices if he ceases to be Councillor.
S. 48Casual vacancies how to be filled up.
S. 48ADeleted
S. 49Duties and functions of the Council.
S. 50Obligation to prepare Water Supply Scheme and to make sufficient drinking water available within certain period.
S. 51Election of President.
S. 51AElection of Vice-President.
S. 51BNominations of Councillors.
S. 53Resignation of President.
S. 54Resignation of Vice-President.
S. 55Removal of President by Councillors.
S. 55ARemoval of President and Vice-President by Government.
S. 55BDisqualification for continuing as Councillor or becoming Councillor on removal as President or Vice-President.
S. 56Consequences of absence of President or Vice-President without leave.
S. 57President or Vice-President to handover charge.
S. 58Functions of President.
S. 59Functions of Vice-President.
S. 60Simultaneous vacancy in the offices of President and Vice-President.
S. 61Honorarium or Sumptuary allowance to President and meeting allowance to Councillors.
S. 62Appointment of Standing Committees and Subjects Committees of 'A' and 'B' Class Councils.
S. 63Constitution of Subjects Committees of 'A' and 'B' Class Councils.
S. 64Constitution of Standing Committees of 'A' and 'B' Class Councils.
S. 65Standing and Subjects Committees for 'C' Class Councils.
S. 66Constitution of Standing Committee of 'C' Class Councils
S. 66AConstitution of Wards Committees.
S. 67Special Committees.
S. 68Term of office of Chairman and members of Standing and Subjects Committees.
S. 69Casual vacancies in Committees of the Council.
S. 70Functions and powers of Standing Committees and Subjects Committees.
S. 71By-laws under section 70 subject to Director's previous approval.
S. 71APowers and functions of Standing Committee or Special Committee to be exercised or performed by Council or Special Subjects Committee, if necessary.
S. 72Limits of powers of Committees and Council in respect of financial sanction.
S. 73Subordination of Committees to Council.
S. 74Appointment of Director and Regional Directors of Municipal Administration and their powers and the powers of the Collector.
S. 75Appointment of Chief Officer, Engineer, Water Works Engineer, Health Officer, Auditor, Education Officer and Fire Officer and certain other Officers.
S. 75AConstitution of Maharashtra Municipal Services and provisions relating thereto.
S. 76Appointment of other officers and servants.
S. 77Powers and duties of Chief Officer.
S. 77ASumptuary allowance to Chief Officer.
S. 78ACitizen's Charter.
S. 78BDelegation of power.
S. 78CDisciplinary action.
S. 78DNon-application of provisions of section 78C in certain circumstances.
S. 79Punishment of officers and servants.
S. 79ASanction for prosecution of officers and servants of Council.
S. 80By-laws to be made regulating certain conditions of service.
S. 81Provisions in regard to meetings of Council.
S. 82Meetings of Committees.
S. 83Proceedings of the Council, Standing Committee, etc.
S. 83ADeemed Sanction.
S. 84Power of Council or Committee to require information, documents, etc., from Chief Officer.
S. 85Joint Committees of local bodies.
S. 86Deleted.
S. 87Acts and proceedings of Council and Committees not vitiated by disqualifications, etc., of members thereof.
S. 87ADisclosure of specified information.
S. 88Power to acquire and hold property.
S. 89Decision of claims to property by or against the Council.
S. 90Municipal Fund.
S. 90AEstablishment of Consolidated Water Supply and Sewage Disposal Project Fund.
S. 90BEstablishment of Water and Sewage Fund.
S. 90CPowers of Council to borrow money.
S. 90DWhen and how loan shall be repaid.
S. 90FInvestment of sinking fund.
S. 90GAnnual examination of sinking funds.
S. 90HProvisions for loans raised before appointed day.
S. 90IAttachment of Municipal Fund in default of repayment of loan.
S. 90JAnnual statement to be prepared by Chief Officer.
S. 91Constitution of Salary Reserve Fund.
S. 91ADry Latrines Conversion Fund.
S. 92Provisions regarding transfer of municipal property.
S. 92ATransfer of moveable property.
S. 93Provisions relating to contracts and tenders.
S. 94Bar against officers and servants being interested in contract.
S. 95Penalty to Councillors, officers and servants for improper interest in contracts, etc.
S. 96Liability of Councillors, officers and servants for loss, or damage.
S. 97Application of municipal property and funds within and without the municipal area.
S. 98Special provision regarding loan of fire-fighting equipment, etc.
S. 99Power to deposit and invest surplus funds.
S. 100Power to compromise suits.
S. 100AApplication of Government Premises (Eviction) Act to municipal premises, with certain modifications.
S. 101Budget.
S. 102Municipal accounts.
S. 103Publication of accounts.
S. 104Audit of accounts.
S. 105Imposition of compulsory taxes.
S. 106Loss of income from tax due to exemption to be reimbursed by Government.
S. 106ATemporary provision for levying general tax at reduced rate in area of Zilla Parishad included in a smaller urban area.
S. 106BTransitory provisions in respect of property tax on capital value.
S. 107Provision for exempting 'C' Class Councils from levying certain taxes temporarily.
S. 108Other taxes which Council may impose.
S. 108AFees.
S. 110Discretionary tax when sanctioned not to be abolished without previous sanction of Government.
S. 111Local publication of by-laws relating to taxes, with notice.
S. 112Council may vary rates of tax within prescribed limits.
S. 113Appointment of authorised Valuation Officer.
S. 114Rateable value how to be determined.
S. 115Preparation of assessment list.
S. 116Person primarily liable for a property tax how to be designated if his name cannot be ascertained.
S. 117Authorised Valuation Officer to check assessment.
S. 119Public notice of time fixed for lodging objections.
S. 120Objection how to be dealt with.
S. 121Authentication of list of assessment.
S. 122Authentic list how far conclusive.
S. 123Amendment of assessment list.
S. 124Preparation of new assessment list and periodical revision of rateable values.
S. 125Primary responsibility for property taxes on whom to rest.
S. 126When occupiers may be held liable for payment of property taxes.
S. 127Partial remission in respect of property remaining unoccupied.
S. 127ARebate in property tax for advance payment.
S. 128When building or land deemed to be productive of rent.
S. 130Form of notice.
S. 131In absence of notice, liability to taxes to continue on original holder.
S. 132Fixed charges and agreements for payment in lieu of special water tax.
S. 133Power to fix special rate in lieu of special sanitary tax.
S. 134Recovery of sums claimed under the last two preceding sections.
S. 135Council may sell surplus water for use outside municipal area.
S. 136Deleted.
S. 137Deleted.
S. 138Deleted.
S. 139Deleted.
S. 141Power to seize vehicle or animal or goods for non- payment of toll and to dispose of seized property.
S. 142Deleted.
S. 143Deleted.
S. 143ADeleted.
S. 144Farming of tolls.
S. 145Power to compound tax on vehicles or animals.
S. 146Assessment not invalid for defect of form.
S. 147Power of State Government to require Councils to impose taxes.
S. 147AAdditional Stamp duty on certain transfers of immovable properties in certain municipal areas.
S. 148Fees may be charged for certain licences, permission, etc.
S. 149Mode of recovery of any money claimable under this Act.
S. 150Presentation of bill for sums due to Council and discount for prompt payment.
S. 150ALevy of penalty on unpaid amount of Bill.
S. 150BSpecial provision for facility for payment of property taxes.
S. 150CPower to assess in case of escape from assessment.
S. 151Deleted.
S. 153To whom warrant addressed.
S. 154Power of entry by force under special order.
S. 155Warrant how to be executed.
S. 156Sale of property distrained or attached; application of proceeds of sale.
S. 157Surplus, if any, how dealt with.
S. 158Sale outside municipal area.
S. 159Fees and costs chargeable.
S. 160Summary proceedings may be taken against person about to leave municipal area.
S. 161Sales in other cases by whom to be ordered and the manner of making and confirming them.
S. 162Liability of lands, buildings, etc., for taxes.
S. 163Receipts to be given for all payments.
S. 164Certain amounts to be recovered as arrears of land revenue.
S. 165Stay orders on warrants by whom to be issued.
S. 166Deleted.
S. 167Power to write off.
S. 167APower of Council to grant rebate for payment of arrears of tax.
S. 168Appointment of Recovery Officer.
S. 169Appeals to Magistrates or committee.
S. 170Procedure in appeal.
S. 171Revision by Court.
S. 171APower of Chief Officer to make fresh assessment.
S. 172Bar of other proceedings.
S. 172AAssessment subject to valuation or revision by Municipal Property Tax Board.
S. 173Powers in respect of public streets.
S. 174Powers to declare any street a public street, subject to objections by owners.
S. 175Power to require repair, etc., of private streets and to declare them as public streets.
S. 176Regular line of a public street.
S. 177Setting back projecting buildings.
S. 178Setting forward to regular line of street.
S. 179Surface projections, obstructions and encroachments in respect of public streets.
S. 180Prohibition of projections other than surface projections upon streets, etc.
S. 181Projections, encroachments, etc., in public places and open spaces, whether vesting Council or not.
S. 182Power to require boundary walls, hedges, etc., to be constructed or removed.
S. 183New private streets.
S. 184Troughs and pipes for rain water.
S. 185Naming and numbering streets and numbering of premises.
S. 186Displacing pavements, etc.
S. 187Prohibition of sale of articles in public streets, without licence.
S. 188Prohibition of playing hand-carts without licence.
S. 189Notice of construction of building.
S. 189ALevy of penalty on unlawful building.
S. 191Level of buildings.
S. 192Roofs and external walls of buildings not to be made of inflammable materials.
S. 193Completion certificate, permission to occupy or use.
S. 193AStructural stability certificate.
S. 194Building for human habitation not to be used as godown, etc., and vice versa.
S. 195Removal of building structures, etc., which are in ruins or likely to fall.
S. 196Penalty for defacing building, etc.
S. 197Fixing of lamps, brackets, etc., to houses.
S. 198Regulation of huts.
S. 199Improvement of huts.
S. 200Municipal control over drainage.
S. 201Power of making and repairing drains.
S. 202Power to require sufficient drainage of houses.
S. 203New building not to be erected without drains.
S. 204Power of owners and occupiers of buildings or lands to drain into municipal drains.
S. 205Right to carry drain through land or into drain belonging to other persons.
S. 206Rights of owner of land through which drain is carried in regard to subsequent building thereon.
S. 207Provision of privies, etc.
S. 208Power to require owners to keep drains, etc., in proper order; or to demolish or close a privy or cesspool.
S. 209Power to close private drains and cesspools.
S. 210Encroachment on municipal drains.
S. 211Power in respect of drains, etc., unauthorisedly constructed, rebuilt or unstopped.
S. 212Inspection of drains, etc.
S. 213Council may execute certain works without option to person concerned of executing the same.
S. 214Pipes, etc., constructed by Council to be municipal property.
S. 215Prohibition of certain acts affecting the municipal water works.