iøi :Gc ¿ GOVERNMENT OF MAHARASHTRA LAW AND JUDICIARY DEPARTMENT MAHARASHTRA ACT No. XX OF 1987. THE MAHARASHTRA LOCAL AUTHORITY MEMBERS' DISQUALIFICATION ACT, 1986. (As modified upto the 21st January 2014) : PRINTED IN INDIA BY THE MANAGER, YERAWDA PRIsoN PRESS, Pu AND PUBLISHED BY THE DIRECTOR, GOVERNItVIENT PRINTING, STATIONERY AND PUBLICATIONS, JVJAHABASHTBA STATE, MUItVIIBAI 400 004 2014 Price-Rs. ]2.00J PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor THE MAHARASHTRA LOCAL AUTHORiTY MEMBERS' DISQUALIFICATION ACT, 1986 PREAMBLE. SECTIONS. CONTENTS 1. 2. 3. Short title and commencement. Definitions. Disqualification on ground of defection. 3A. Disqualification for appointment on remunerative political post. 4. 5. DeletedJ Disqualification on ground of defection not to apply in case of merger. 6 . Councillor or member to vacate office or not to hold office afler merger. 7 . 8. 9. Decision on question as to disqualification on ground of defection. Bar of jurisdiction of civil courts, etc. Rules. lo. Act to have overriding effect, but shall be in addition to existing local authority laws. i i . Amendment of certain enactments. SCHEDULE PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1987 : Mah. XXJ Maharashtra Local Authority Members ' Disqualification Act, 1986 MAHARASHTRA ACT No. XX OF 19871 T MAHARASHTRA LOCAL AUTHORITY MEMBERS ' DISQUALIFICATION ACT, i 986J (This Act received the assent of the Governor on the 28th July i987; assent was first published in the Maharashtra Government Gazette, Part IV, Extraordinary on the 29th April i987). Amended by Mah. 8 of i997 (29-4-i996)t 50 of 2006 (i9i02006)t* An act to provide for disqualification of members of certain local authorities on ground of defection and for matters incidental and connected therewith. WHEREAS it is expedient to provide for disqualification of members of certain local authorities on the ground of defection and for matters incidental and connected therewith; It is hereby enacted in the Thirty-seventh Year of the Republic of India as follows :- i. (1) This Act may be called the Maharashtra Local Authority Members' Short DisqualificationAct, i986. (2) It shall come into force on such date2 as the State Government may, by notification in the Official Gazette, appoint. title and Commence- ment. 2. In this Act, unless the context otherwise requires,- Definitions. (a) " aghadi " or " front " means a group ofpersons who have formed themselves into a party for the purpose of setting up candidates for election to a local authority; Mah. XLI (b) " Collector " means the Collector ofa district; (c) "Commissioner" means the Commissioner of a revenue division appointed 1966. under section 6 of the Maharashtra Land Revenue Code, i966; (cl) "Councillor " means a councillor of a Municipal Corporation, or a Municipal Council, or a Zilla Parishad; (e) " local authority " means- (i) a Municipal Corporation, (ii) a Municipal Council, (iii) a Zilla Parishad, or (iv) a Panchayat Samiti; i For Statement of Objects and Reasons, See Maharashtra Government Gazette, 1987, Extraordinary, Part \Ç Page 585. 1- This indicates the date of commencement of the Act. * Maharashtra Ordinance No. XI of 2006 was repealed by Mah. 50 of 2006, s 6. 2 ist November 1987 (vide G N., R. D. D., No. ZPA. 1086/Cr-875/04, dated the 29th October 1987.) PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 2 Maharashtra Local Authority Members' Disqualification Act, 1986 11987: Mah. XX "member" means a member of a Panchayat Samiti; (g) " Municipal Corporation " means a Municipal Corporation constituted under a relevant municipal law (h) " Municipal Council " means a Municipal Council constituted under the Mah. XL of 1965. Maharashtra Municipalities Act 1965* . (i) " municipal party ", in relation to the councillor belonging to any political party or aghadi or front in accordance with the Explanation to section 3, means (i) in the case of a councillor of a Municipal Corporation, the group consisting of all councillors of the Municipal Corporation for the time being belonging to that political party or aghadi or front in accordance with the said Explanation (ii) in the case of a councillor of a Municipal Council, the group consisting of all the councillors of the Municipal Council for the time being belonging to that political party or aghadi or front in accordance with the said Explanation (i ) " original political party", in relation to a councillor or a member, means the political party to which he belongs for the purposes of sub-section (1) of section 3 (k) "Panchayat Samiti " means a Panchayat Samiti constituted under the Mah. Maharashtra Zilla Parishads and Pancahyat Samitis Act, i 96 1 ; (1) "Panchayat Samiti party ", in relation to a member belonging to any political party or aghadi or front in accordance with the Explanation to section 3 , means the group consisting of all the members of the Panchayat Samiti for the time being belong- ing to that political party or aghadi or front in accordance with the said Explanation (m) " relevant municipal law ",- (i) in relation to the Municipal Corporation of Greater Bombay, means the Born. I8o8f ** Bombay Municipal Corporation Act; (ii) in relation to the Corporation of the City of Nagpur, means the City of C. P. Nagpur Corporation Act, i 948 ; Berar II of 1950. Bombay Provincial Municipal Corporations Act, i 949 ; (iii) in relation to the Municipal Corporation of any other City, means the Born LIX of 1949. (n) " Schedule " means the Schedule appended to this Act; (o) " Zilla Parishad " means a Zilla Parishad constituted under the Maharashtra M ah. V of 1962. Zilla Parishads and Panchayat Samitis Act i 96 1 * Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. ** Now see the Murnbai Municipal Corporation Act. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1987 : Mah. XXJ Maharashtra Local Authority Members ' Disqualification Act, 1986 3 (p) " Zilla Parishad party ", in relation to a councillor of a Zilla Parishad belonging to any political party or aghadi or front in accordance with the Explanation to section 3 , means the group consisting of all the members of the Zilla Parishad for the time being belonging to that political party or aghadi or front in accordance with the said Explanation. 3. (1) Subject to the provisions of section 5J , a councillor or a member belonging Disqualifica- to any political party or aghadi or front shall be disqualified for being a councillor or a tion on member ground of defection. (a) if he has voluntarily given up his membership of such political party or aghadi or front; or (b) if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs or by any person or authority authorised by any of them in this behalf, without obtaining, in either case, the prior permission of such political party or aghadi or front, person or authority and such voting or abstention has not been condoned by such political party or aghadi or front, person or authority within fifteen days from the date of such voting or abstention Provided that, such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 196 1 shall not be condoned under this clause; ah . 1962. Explanation.-For the purposes of this section- (a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi or front, if any, by which he was set up as candidate for election as such councillor or member (b) a nominated 2councillorJ shall (i) where he is a member of any political party or aghadi or front on the date * * be deemed to belong to such political party or aghadi of his nomination, or front, (ii) in any other case, be deemed to belong to the political party or aghadi or front of which he becomes, or as the case may be, first becomes a member of such party or aghadi or front before the expiry of six months from the date on which he is nominated * * * * i This word and figure was substituted for the words and figures " sections 4 and 5" by Mah. 50 of 2006, s. 2(a)(1). 2 The word " councillor " was substituted for the words " or co-opted councillor or member ", ¡bid, s. 2(a) (2) (A) (i). 3 The words " or as the case may be, co-option as such councillor, or as the case may be, member" were deleted, ¡bid, s. 2(a) (2) (A) (ii). 4 The words " or co-opted as such councillor, or as the case may be, member" were deleted, ¡bid, s. 2(a) (2) (A) (iii). PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 4 Maharashtra Local Authority Members' Disqualification Act, 1986 11987: Mah. XX (1) 1 * * * * (2) An elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front shall be disqualified for being a councillor, or as the case may be, a member if he joins any political party or aghadi or front afler such election. 2 ( 3) * * * (4) Notwitstanding anything contained in the foregoing provisions of this section a person who on the commencement of this Act, is a councillor, or as the case may be, * * * * as such councillor or member) a member (whether elected or nominated shall- (a) where he was a member of a political party or aghadi or front immediately before such commencement, be deemed, for the purposes of sub-section (1), to have been elected as a councillor, or as the case may be, a member as a candidate set up by such political party or aghadi or front; (b) in any other case, be deemed to be an elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front for the purpose of sub-section (2) * * * . 5 Disqualifica- 3A. A councillor or, as the case may be, a member belonging to any political tion for appointment party, aghadi or front who is disqualified for being a councillor or, as the case may on remunera- tive political be, a member under section 3 shall also be disqualified to hold any remunerative post. political post for duration of the period commencing from the date of his disqualifica- tion till the date on which the term of his office as such councillor or, as the case may be, a member expires or till the date on which he contests an election to a local authority and is declared elected, whichever is earlier. . . . . . Explanation.-For the purpose of this section, the expression " remunerative political post" means any office,- (i) under the State Government where the salary or remuneration for such office is paid out of the public revenue of the State Government or Consolidated Fund of the State ; or i Clause (c) was deleted by Mah. 50 of 2006, s. 2(b). 2 Sub-section (3) was deleted ¡bid, s. 2(b). 3 The words "or co-opted " were deleted, ¡bid, s. 2(c)(J). 4 The words " or as the case may be, be deemed to be a nominated or co-opted councillor, or as the case may be, a member for the purposes of sub-section (3) " were deleted, ¡bid, s. 2 (c)(2). 5 Section 3A was inserted, ¡bid, s. 3. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1987: Mah. XXI Maharashtra Local Authority Members' Disqualification Act, 1986 5 (ii) under a body, whether incorporated or not, which is wholly or partially owned by the State Government and the salary or remuneration for such office is paid by such body; or (iii) under a local authority, where the salary or remuneration for such office is paid by the local authority out of such local authority's fund, except where such salary or remuneration paid is compensatory in naturel. 41 * * * * 5. (1) A councillor or a member shall not be disqualified under sub-section (1) of Disqualifi- section 3 where his original political party or aghadi or front merges with another political party or aghadi or front and he claims that he and any other members of his original political party or aghadi or front- apply in case of (a) have become members of such other political party, or aghadi or front or as merger. the case may be, of a new political party formed by such merger; or (b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or aghadi or front or group, as the case may be, shall be deemed to be the political party or aghadi or front to which he belongs for the purpose of sub-section (1) of section 3 and to be original political party or aghadi or front for the purpose of this sub-section. (2) For the purposes of sub-section (1), the merger of the original political party or aghadi or front of a councillor, or as the case may be, a member shall be deemed to have taken place if, and only if, not less than two-thirds of the members of municipal party, Zilla Parishad party, or as the case may be, Panchayat Samiti party, concerned, have agreed to such merger. section 51, shall- 6. A councillor, or as the case may be, member claiming 2 merger referred to in Councillor or Member to vacate office or . (a) if holding any office other than such councillor or member under any relevant not to hold ffice after municipal law, or as the case may be, the Maharashtra Zilla Parishads and Panchayat Samitis Act, i 96 1 shall be deemed to vacate such office on the date of such merger and shall, on and from that date, cease to hold such office. * * * merger. 3 . . M ah . Vof i 9 62 . ii * * * i Section 4 was deleted, by Mah. 50 of 2006, s. 4. 2 These words and figure were substituted for the words and figures " such split or merger as referred to in section 4 or 5 as the case may be" by Mah. 50 of 2006, s. 5(a). 3 The words " split or " were deleted, ¡bid, s. 5(b). 4 Clause (b) was deleted by Mah. 8 of 1997, s.2. 5 The words "split or" were deleted, by Mah. 50 of 2006, s. 5(c). PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 6 Decision on question as to disqualifi- cation on of ground defection. Maharashtra Local Authority Members' Disqualification Act, 1986 11987: Mah. XX 7 Jf any question arises as to whether,- (a) a councillor of a Municipal Corporation ; or (b) a councillor of a Municipal Council; or (c) a councillor of a Zilla Parishad; or (cl) a member of a Panchayat Samiti, has become subject to disqualification under this Act, the question shall be referred- (i) in the case of a councillor of a Municipal Corporation, to the Commissioner, and (ii) in the case of any other councillor or member, to the Collector; and the decision of the Commissioner, or as the case may be, Collector shall be final. Juris- B of ............................... diction civil courts Maharashtra Municipalities Act, 1965 etc . 8. Notwithstanding anything contained in any relevant municipal law, of the M ah. XL of , or the Maharashtra Zilla Parishads and 1965 ' Panchayat Samitis Act, i 96 1 , no civil court and no other authority or officer shall have M ah. . . any jurisdiction to deal with or decide any question as to disqualification of a councillor or a member on the ground of defection or as to any matter connected therewith, which the Commissioner or the Collector is empowered to deal with and decide under section 7 ; and no injunction shall be granted by any civil court or any authority or officer in respect of any action taken or to be taken by the Commissioner or Collector in pursuance of any power conferred on him by or under this Act. Rules. 9. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the maintenance of registers or other records as to the political parties, aghadi or fronts, if any, to which different councillors, or as the case may be, members belong; (b) the report which the leader of a municipal party or a Zilla Parishad party, in relation to a councillor and the leader of a Panchayat Samiti party in relation to a member shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-section (1) of section 3 in respect of such councillor, or as the case may be, member, the time within which and the authority to whom such report shall be furnished; * Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1987 : Mah. XXJ Maharashtra Local Authority Members ' Disqualification Act, 1986 (c) the reports which a political party or aghadi or front shall furnish with regard to admission to such political party or aghadi or front of any councillors or members and the officer of the Municipal Corporation, Municipal Council, Zilla Parishad, or as the case may be, Panchayat Samiti to whom such reports shall be furnished; 7 (cl) the procedure for deciding any question referred to in section 7 including the procedure of any inquiry which will be made for the purpose of deciding such question ; and (e) any other matter which is required to be or may be prescribed. (3) In making rules under this section, the State Government may provide that for any breach thereof, the offender shall on conviction be punished with fine which may extend to one thousand rupees and in the case of continuing breach with fine which may extend to fifty rupees for every day during which the breach continues afler conviction for the first breach. (4) Every rule made by the State Government under this Act, shall be laid, as soon as may be afler it is made, before each House of State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, then on publication of such decision in the Official Gazette, the rule shall have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. lo. (1) The provisions of this Act and the rules shall have effect notwithstanding Act to have anything inconsistent therewith contained in any other law for the time being in force. . . . shall be in (2) Subject to the provisions of sub-section (1), the provisions of this Act shall be addition to in addition to and shall not, save as expressly provided hereinbefore, be in derogation existing of the provisions of any law relating to Municipal Corporation, Municipal Council or local other local authority concerned. . . . . authority laws. (3) Notwithstanding anything contained in the foregoing provisions of this section nothing in this Act shall apply when a Government servant is nominated as a Councillor of a Municipal Council for a municipal area specified in Part II or Part III of Schedule I M ah . to the Maharashtra Municipalities Act, 1965*, or to any person who holds the office as f a member of a Panchayat Samiti by virtue of his being a Government servant and appointed as Administrator of a co-operative society. -; 11. The enactments specified in the second column of the Schedule are hereby Amendment amended in the manner and to the extent specified in the third column thereof * Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. of certain enactments. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 8 Maharashtra Local Authority Members' Disqualification Act, 1986 11987: Mah. XX Serial No. (1) Short title and Number of enactment (2) i The *Bombay Municipal Corporation Act (Bom. III of 1888). 2 The Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIXofl949). SCHEDULE (See section 11) Amendments (3) In section 16, afler sub-section (1), the following sub-section shall be inserted, namely:- cc (JA) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Mah. Disqualification Act, 1 986 for being a councillor shall cease to hold office as such councillor." 87 . . . . . In section 10, afler sub-section (1), the following sub-section shall be inserted, namely:- . . cc (JA) A person shall be disqualified for being a councillor, if such person has, at any time during the term of his office, become disqualified under the Maharashtra Local Mah. Authority Members' Disqualification Act, 1986 for being a councillor." 3 The City of Nagpur Corporation In section 19- Aci 1948 (C. P andBemril of 1950). (J) afler the words " been elected " the words "or nominated " shall be inserted; (2) afler clause (a), the following clause shall be inserted, namely :- "(a-i) has been disqualified under the Maharashtra Local Authority Members' Mah. Disqualification Act, 1986, for being a councillor, or ". 1987. 4**The Maharashtra Municipalities In section 16- Act, 1965 (IViah. XL of 1965). (J) afler sub-section (1), the following sub- section shall be inserted, namely:- * Now see the Mumbai Municipal Corporation Act. * * Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1987 : Mah. XXJ Maharashtra Local Authority Members ' Disqualification Act, 1986 9 SCHEDULE--contd. (1) (2) (3) M ah . M ah . xx of i 9 8 7 . 5 The Maharashtra Zilla Parishads and Panchayat SamitisAct 1961 (JVlah.Vof 1962 i. cc (JA) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Disquali- fication Act, 1986 for being a councillor shall cease to hold office as such councillor." (2) in sub-section (2), after the word, brackets and figure " sub-section (1) " the words, brackets, figure and letter " or in sub-section (J-A) " shall be inserted. In section 16, afler sub-section (1), the following sub-section shall be inserted, namely:- . (JA) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Disquali- fication Act, 1986 for being a councillor shall cease to hold office as such councillor." 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