MMCNPIT Act 345AChapter XXVIII · Repeals And Transitory Provisions

Section 345A · [ Establishment, composition and term of office of first successor Councils, if term of existing Councillors is made to expire before 31st December, 1967. [Section 345-A was inserted by Maharashtra 14 of 1966, Section 9.]

(1)

Notwithstanding anything in this Act, if the State Government, specifies a date earlier than the 31st day of December, 1967 under section 345, then with effect from the day immediately following such earlier date, in place of every existing Council the first successor Council shall be deemed to be established under this Act for the respective municipal area.]

(2)

Where the Councillors or members of any existing Council are in office on the said earlier date, the successor Council shall consist of the said Councillors or members, as the case may be, who shall be deemed to be the Councillors duly elected at elections under this Act, and the provisions of section 9 relating to reservation of seats or co-option of Councillors shall not apply to such successor Council.

(3)

Where any officer, by whatever designation referred to, appointed to exercise all the power and perform and discharge all the duties and functions of any existing Council is in office on the said earlier date, he shall be deemed to be appointed Administrator under this Act and shall have and exercise all the powers and perform and discharge all the duties and functions of the successor Council and of all its authorities and committees and Councillors.

(4)

Where a successor Council consists of Councillors deemed to be elected as provided in sub-section (2), the Collector shall, within twenty-five days from the date on which such Council is deemed to be established under sub-section (1), convene a special meeting of the said Councillors for election of a President and Vice-President, and the procedure prescribed in Section 51, shall mutatis mutandis apply for electing the President and Vice-President.

(5)

The term of office of the Councillors deemed to be elected and of every Administrator deemed to be appointed under this section shall expire at 12 midnight, on such [date as the State Government may, by notification in the Official Gazette] [1st day of July 1967, vide G.N.U.D., P.H. & H.D. No. UMA 1067-A, dated 11th March, 1967.] specify in this behalf, but such date shall in no case be beyond the 31st day of December, 1967:Provided that, in the case of the first successor Councils of Hill Station Municipal areas mentioned in column 3 of Part II of Schedule 1, the State Government may, at any time after the date on which the term or extended term of office of the Councillors or members, of the corresponding existing Councils would under the relevant Act have expired, but for the provisions of the Maharashtra Municipalities (Postponement of elections pending Unification of Municipal Laws) Act, 1964 (Maharashtra XLII of 1964) appoint, in place of the Councillors deemed to be elected under this section, fifteen persons to be Councillors and one of them to be the President of the successor Councils. Amongst these fifteen Councillors, at least eight shall be persons, who are duly qualified to be elected, and the remaining may be persons considered suitable by the State Government in this behalf and appointed by virtue of office or by name. The term of office of such Councillors shall expire at the same time at which the term of office of the Councillors deemed to be elected will expire under this sub-section:[Provided further that, where the State Government has specified a date earlier than the 31st day of December, 1967 under this sub-section and the State Government is of opinion that for some reason, such as the granting of an injunction or stay by a Court, it is not practicable to complete all stages of the general election of Councillors to any Council before such earlier date, then notwithstanding that the earlier date has been already specified, the State Government may, by notification in the Official Gazette, extend the term of Councillors or of the Administrator, as the case may be, of such Council to any date beyond the earlier date aforesaid, as it may specify from time to time, or may, by like notification, in place of the Councillors appoint an officer to be an Administrator to the Council concerned and of all its authorities and committees and Councillors, but in no case [beyond the 31st day of December, 1968] [This proviso was deemed to have been added on the 10th day of June 1967, Maharashtra 10 of 1967, Section 7.]]

(6)

During the period commencing on the date on which the successor Councils are deemed to be established under sub-section (1) and ending on the date specified under [sub-section (5)] [This was deemed always to have been substituted for the words, brackets and figure 'sub-section (4)' by Maharashtra 8 of 1967, Section 6.], no election shall be held or nomination made to fill any vacancy in the successor Council, but elections to various authorities and committees may take place as and when required, and the restrictions contained in sub-section (3) of section 63 and the proviso to section 66 shall not apply at such election.

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