Section 9A in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
9A. [ Person contesting election for reserved seats to submit Caste Certificate and Validity Certificate. [Section 9A was inserted by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2006, dated 19th August 2006.]
- 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, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018, (Mah. XXI of 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 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 that, for the General or bye-elections for which the last date of filing of nomination falls on or before the 31st December 2013, 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 of 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 paper, -(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 on which he is declared elected, 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] [Substituted 'six months' by Maharashtra Act No. 65 of 2018, dated 14.12.2018.] from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.] [This proviso was added by Maharashtra 31 of 2012, Section 2 (w.e.f. 8-10-2012).][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.] [Added by Maharashtra Act No. 65 of 2018, dated 14.12.2018.](3)Elections and Publication of Names of Elected [* * *] [The words 'co-opted' were deleted by Maharashtra 41 of 1994, Section 115.] and Nominated Councillors
