Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965
No: 40 Dated: Sep, 10 1965
THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965
ACT NO. XL OF 1965
An Act to unify, consolidate and amend the law relating to Municipal Councils and provide for constitution of Nagar Panchayats and Industrial Townships in the State of Maharashtra.
Whereas, it is expedient to provide for a unified pattern for the constitution, administration and powers of municipalities in the State of Maharashtra and to make better provision therefor;
And Whereas, for those purposes the Government of Maharashtra had appointed a Committee to advise it on the matters aforesaid;
And Whereas, after considering the Report of the said Committee, it is now expedient to unify consolidate and amend the law relating to municipalities in the State;
It is hereby enacted in the Sixteenth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and Commencement. - (1) This Act may be called the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965.
(2) It extends to the whole of the State of Maharashtra.
(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force in such area and on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions thereof and for different areas.
2. Definitions. - In this Act unless the context otherwise requires, -
(1) "appointed day", in relation to an area means the date on which the relevant provisions of this Act comes into force in that area;
(1-1A) "area", in relation to the Area Sabha, means an area determined under section 66B;
(1-1B) "Area Sabha" means the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;
(1A) "Backward Class of Citizens", means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;
(2) "building" includes a house, out-house, stable, shed, but and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes Varandahs, fixed platforms, plinths, door steps, walls (including compound wall) and fencing and the like;
(2A) "business" includes, -
(a) any trade, commerce, profession, consumption or manufacture or any venture or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, venture or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption manufacture, venture or concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, venture or concern;
(b) any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, venture or concern whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not, there is any volume, frequency, continuity or regularity in such transaction;
(c) any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, venture or concern involving import, purchase or sale of goods in the municipal area, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction;
(d) any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, venture or concern, whether or not such transaction is affected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction.
Explanation. - For the purposes of this clause, the activities of raising of manmade forests or rearing of seedlings of plants shall be deemed to be a business;
(3) "by-law" means a by-law made or deemed to be made by the Council under this Act;
(4) "Cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
(4A) "Chairperson of Area Sabha" means the Councillor of the concerned electoral ward;
(5) "Chief Officer" means the person appointed or deemed to be appointed under this Act to be the Chief Officer of a municipal area;
(6) "Council" means a municipal council constituted or deemed to have been constituted for a smaller urban area specified in a notification issued in this respect, under clause (2) of Article 243-Q of the Constitution of India or under sub-section (2) of Section 3 of this Act;
(7) "Councillor" means a person duly elected as a member of the Council, the directly elected President and includes the nominated Councillor, who shall not have the right, -
(i) to vote at any meeting of the Council and Committees of the Council; and
(ii) to get elected as a President of the Council in accordance with section 51 A-IB under section 51 or *** a chairperson of any the Committees of the Council;
(8) "dairy" includes any farm, cattle-shed, cow-house, milk-store, milk-shop or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese, curds or dried, sterilized or condensed or toned milk, but does not include -
(A) a shop or other place in which milk is sold for consumption on the premises only, or
(B) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;
(8A) "dealer" means any person who whether for commission, remuneration or otherwise imports, buys or sells any goods in the municipal area for the purpose of his business or in connection with or incidental to his business, and includes, -
(a) a factor, broker, commission agent, del credere agent or any other mercantile agent, by whatever name called, and whether or not of the same description as hereinbefore specified, who buys, sells, supplies, distributes or imports any goods in the municipal area, belonging to any principal or principals whether disclosed or not;
(b) an auctioneer, who sells or auctions goods in the municipal area, belonging to any principal whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;
(c) the Central Government or any State Government which (whether or not while carrying on business) buys, sells, supplies, distributes or imports goods directly or otherwise;
(d) a society, club or other association of persons (whether incorporated or not) which, whether while carrying on business or not, imports, buys, sells, supplies, or distributes goods whether for on behalf of its members or not, for cash or for deferred payment or, for commission, remuneration or otherwise,
Explanation. - For the purposes of this clause, -
(A) a manager or agent of a non-resident dealer residing in the municipal area who imports, buys, sells, supplies or distributes goods in the municipal area, or acts on behalf of such dealer as, -
(a) a mercantile agent as defined in the Sale of Goods Act, 1930 or (3 of 1930).
(b) an agent for handling of goods or documents of title relating to goods, or
(c) an agent for the collection or the payment for the sale price of goods,
shall be deemed to be a dealer or as a guarantor for such collection or payment; and
(B) each of the following persons and bodies who disposes of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash, or for deferred payment, or for any other valuable consideration, shall, notwithstanding anything contained in clause (8A) or any other provisions of this Act, be deemed to be a dealer, namely: -
(a) Port Trusts;
(b) Municipal Corporations, Municipal Councils, Zilla Parishads and other local authorities;
(c) Railway administration as defined under the Indian Railways Act, 1890;
(d) Shipping, transport and construction companies;
(e) Air transport, companies and Airlines;
(f) Transporters holding permit for transport vehicles granted under the Motor Vehicles Act, 1988 (59 of 1888), which are used or adapted to be used for hire or reward;
(g) Maharashtra State Road Transport Corporation constituted under the Road Transport Corporations Act, 1950 (64 of 1950);
(h) Customs Department of the Government of India administering the Customs Act, 1962;
(i) Insurance and Financial Corporations, or Companies, and Banking Companies;
(j) Advertising agencies;
(k) any other Corporation, Company, Body or Authority owned or set-up by, or subject to administrative control of, the Central Government or any State Government.
Exception. -
(i) Any individual who imports goods for his exclusive consumption or use and a Department of State or Central Government not engaged in business shall not be a dealer;
(ii) An agriculturist who sells exclusively agricultural produce grown on the land cultivated by him personally, shall not be deemed to be a dealer within the meaning of this clause;
(9) "Director" means the person appointed by the State Government to be the Director of Municipal Administration under this Act;
(9-A) "District Administration Officer (DAO)" means the officer appointed as a District Administration Officer by the Government, for the purposes of this Act;
(10) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern flush-tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any electors, compressed air main, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;
(10A) "dry latrine" means a latrine in which human excreta are collected in a receptacle, and then removed by human agency;
(11) "eating house" means any premises to which the public or any section of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owing or having an interest in or managing such premises;
(12) "election" means an election to a Council or to the office of the President, as the case may be, and includes any by-election;
(13) "factory" means a factory as defined in the Factories Act, 1948;
(14) "filth" includes sewage, night-soil and all offensive matter;
(14A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India;
(15) "food" includes every article used for food or drink for human consumption other than drugs or water, and any article which ordinarily enter into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matters and spices and condiments;
(16) "goods" includes animals;
(17) "house-drain" means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain;
(18) "house-gully" or "Service Passage" means a passage or strip of lands constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to servants of the Council or to persons employed in the cleaning thereof or in the removal of such matter therefrom;
(18A1) "importer" means a person who brings or causes to be brought any goods into the limits of the municipal area for use, consumption or sale therein;
(18A) "Industrial Township" means such urban area or part thereof as the State Government may, having regard to the factors mentioned in the proviso to clause (1) of Article 243-Q of the Constitution of India, by notification in the Official Gazette, specify to be an Industrial Township under Section 341-F;
(19) "land" includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;
(20) "local authority" means a Council or a Municipal Corporation constituted under theBombay Municipal Corporation Act, or the Bombay Provincial Municipal Corporations Act, 1949 or the City of Nagpur Corporation Act, 1948, or a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, or a village panchayat constituted under the Bombay Village Panchayats Act 1958;
(20A) "local newspaper" means any printed periodical work containing public news or comment on public news having wide circulation in the area of the relevant municipal council;