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[Cites 0, Cited by 16] [Entire Act]

State of Maharashtra - Section

Section 5 in The Maharashtra Municipal Corporations Act, 1949

5. Constitution of Corporation. - (1) Every Corporation shall, by the name of "The Municipal Corporation of the City of ", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.

[(2) Each Corporation shall consist of, -(a)such number of councillors, elected directly at ward elections, as is specified in the table below :-
S.No. Population Number of Councillors
(i) Above 3 lakhs and up to 6 lakhs. The minimum number of elected councillors shall be 65.Forevery additional population of 15,000 above 3 lakhs, oneadditional councillor shall be provided, so however that themaximum number of elected councillors shall not exceed 85.
(ii) Above 6 lakhs and up to 12 lakhs. The minimum. number of elected councillors shall be 85.Forevery additional population of 20,000 above 6 lakhs, oneadditional councillor shall be provided, so however, that themaximum number of elected councillors shall not exceed 115.
(iii) Above 12 lakhs and up to 24 lakhs. The minimum number of elected councillors shall be 115.Forevery additional population of 40,000 above 12 lakhs, oneadditional councillor shall be provided, so however that themaximum, number of elected councillors shall not exceed 145.
(iv) Above 24 lakhs. The minimum number of elected councillors shall be 145.Forevery additional population of 1 lakh, one additional councillorshall be provided so that the maximum number of electedcouncillors shall be 221;
(b)such number of nominated councillors not exceeding five, having special knowledge or experience in Municipal Administration to be nominated by the Corporation in such manner as may be prescribed;]
(3)The [State Election Commissioner] shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of councillors [so that, as far as practicable,] all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the ward shall [elect as far as possible two Councillors but not less than two and not more than three Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward][Provided that, after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016 [but till the day immediately preceding the date of the publication of the Maharashtra Municipal Corporations (Amendment) Act, 2019 (Maharashtra XXXVI of 2019) in the Official Gazette], in respect of the general elections to the Corporation, each of the wards shall elect as far as possible four Councillors but not less than three and not more than five Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward :][[Provided further that], no notification issued under sub-section (3), whether before or after the commencement of the Maharashtra Municipal Corporations, Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 1995, shall have effect except for the general election held next after the date thereof and for subsequent elections.][* * * * *][Provided also that, before any notification is issued under sub-section (3), a draft thereof shall be published in the Official Gazette, and in such other manner as in the opinion of the [State Election Commissioner] is best calculated to bring the information to the notice of all persons likely to be affected thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.][Explanation. - For the purposes of this Act, the expression "latest census figures" obtaining in sub-section (3), shall mean, -
(a)the figures of the latest census finally published and pending publication of final figures of the latest census shall mean the provisional figures published of such census; and
(b)where the relevant final or provisional figures of the latest census are not available, the final relevant figures of the census immediately preceding the latest census.]
[Explanation II.- In this sub-section and sub-section (4), "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India.][(4) Notwithstanding anything contained in sub-section (3) or any other provisions of this Act, where the area of a City has been extended after the General Elections, an election to provide for representation to the people of the extended area may be held as soon as practicable, and the provisions of sub-section (3) shall, mutatis mutandis, apply to such election:Provided that, the total number of wards in the city including the wards newly constituted for the extended area under this sub-section shall not exceed the number of electoral wards specified in the Table in clause (a) of sub-section (2):Provided further that, the population of the wards newly constituted under this sub­section may marginally exceed or be below the average population of the other wards:Provided also that, the terms of the Councillors elected from the wards newly constituted under this sub-section shall be co-terminus with the term of the Corporation.
(5)No elections under sub-section (4) shall be held if the remainder of the tenure of the Corporation is less than one year.][5A. Reservation of seats. - (1) (a) In the seats to be filled in by election in a Corporation, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner;
(b)the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Corporation shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes in that Corporation area bears to the total population of that area and such seats shall be allotted by rotation to different electoral wards in a Corporation:
Provided that, [one-half] of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes:Provided further that, where only one seat is reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes [* * *]
(c)the number of seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent of the total number of seats to be filled in by election in a Corporation and such seats shall be allotted by rotation to different electoral wards in a Corporation:
Provided that, [one-half] of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of citizens:
(d)[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Corporation shall be reserved for women and such seats shall be allotted by rotation to different electoral wards in a Corporation.
[(e) Notwithstanding anything contained in clauses (a) to (d), the State Election Commissioner may, by an order, issue instructions for rotation of wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and Women in Corporations where the number of wards have changed after the general elections for whatever reasons.]
(2)The reservation of seats (other than the reservation for women) under clause (b) of sub-section (1), shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.][5B. Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate. - Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward class of citizens, shall be required to submit, alongwith the nomination paper, Caste certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000][Provided that, for the General or bye-elections for which the last date of filing of nomination falls during the period commencing on the date of commencement of the Mumbai Municipal Corporation, (Mah. XXI of 2018) the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018 and ending on the 30th June 2019, in accordance with the election programme declared by the State Election Commission, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-
(i)a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate or any other proof of having made such application to the Scrutiny Committee ; and
(ii)an undertaking that he shall submit, within a period of [twelve months] from the date of his election, the validity certificate issued by the Scrutiny Committee :]
[Provided further that, if the person fails to produce the validity certificate within a period of [twelve months] from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.][Provided also that, in respect of the undertaking filed by any person under clause (ii) of the first proviso, before the date of commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 2018, the period of "six months" specified in such undertaking shall be deemed to have been substituted as "twelve months.][6. Duration of Corporation. - (1) Every Corporation, unless sooner dissolved, shall continue for a period of five years from the date appointed for its first meeting and no longer.
(2)A Corporation constituted upon the dissolution of a Corporation before the expiration of its duration, shall continue for the remainder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dissolved.][6A. Term of office of Councillors. - The term of office of the Councillors shall be co-terminus with the duration of the Corporation.][6B. Election to constitute Corporation. - An election to constitute a Corporation shall be completed -
(a)before the expiry of its duration specified in sub-section (1) of section 6; or
(b)before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period.]