MMCNPIT Act 9Chapter II · Municipal Councils

Section 9 · Composition of Councils

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- [(1) Every Council shall consist of -(a)[[* * *] ] [the President and the Councillors] [Substituted 'Councillors' by Maharashtra Act No. 9 of 2017, dated 12.1.2017.] elected at ward elections, by direct elections; and(b)such number of Councillors, not exceeding ten per cent of the total number of elected Councillors or five, whichever is less, having special knowledge or experience in municipal administration, to be nominated by the [Collector] [Substituted for 'Council' by Maharashtra 7 of 2009, dated 14th January, 2009.] in such manner as may be prescribed.

(1A)

In every Council seats shall be reserved for the Scheduled Castes, the Scheduled Tribes, Backward Class of Citizens and women as provided in sub­section (2).] [These sub-sections were substituted, sub-section (1), by Maharashtra 41 of 1994, Section 114(a).]

(2)

The Director shall from time to time by an order published in the Official Gazette fix for each municipal area -

(a)

[ the number of elected Councillors in accordance with the following table: [Clause (a) was substituted by Maharashtra 41 of 1994 Section 114(b)(i).]
TABLE
Class of Municipal area Number of elected Councillors
(i) 'A' Class The minimum number of elected Councillors shall be 38, and forevery 8,000 of the population above 1,00,000 there shall be oneadditional elected Councillor, so, however, that the total numberof elected Councillors shall not exceed 65;
(ii) 'B' Class The minimum number of elected Councillors shall be 23, and forevery 5,000 of the population above 40,000 there shall be oneadditional elected Councillor, so, however; that the total numberof elected Councillors shall not exceed 37;
(iii) 'C' Class The minimum number of elected Councillors shall be 17, and forevery 3,000 of the population above 25,000 there shall be oneadditional elected Councillor, so, however, that the total numberof elected Councillors shall not exceed 23;

(b)

[ the number of seats to be reserved for women in the case of municipal area of each class of council on the basis of [one-half] [Clause (b) was substituted by Maharashtra 13 of 1990, Section 6(b)(i).] (including the number of seats reserved for women belonging to the Scheduled Castes [the Scheduled tribes] [These words were substituted for the words 'and the Scheduled Tribes' by Maharashtra 15 of 1994, Section 5(2)(a)(i).] and the [Backward Classes of Citizens] [These words were substituted for the words 'Other Backward Classes' by Maharashtra 12 of 1997, Section 2(1).] of the total number of seats to be filled in by direct election for the purpose of any general election held after the commencement of [the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1993] [These words were substituted by Maharashtra 15 of 1994, Section 5(2)(a)(ii).]; (Maharashtra XV of 1994)]

(c)

the number of seats, if any, to be reserved for the Scheduled Castes or the Scheduled Tribes so that such number shall bear, as nearly as may be, the same proportion to the number of elected Councillors as the population of the Scheduled Castes or of the Scheduled Tribes, in the municipal area bears to the total population of that area.
[A fraction of such proportion if less than one-half shall be ignored and if one-half or more shall be reckoned as one in determining the number of seats:] [This portion was added by Maharashtra 4 of 1974, Section 4(b)(ii).][Provided that] [This proviso was added by Maharashtra 13 of 1990, Section 6(b)(ii).], while making such reservation [one-half] [These words were substituted for the words 'one-third' by Maharashtra 20 of 2011, Section 5(2)(a), (w.e.f. 21-4-2011)] 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; and where only [one seat is reserved for the Scheduled Castes or, as the case may be, for 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 [* * *] [These words were inserted by Maharashtra 41 of 1994, Section 114(b)(iii)(B).]].

(d)

[ the number of seats to be reserved for the [Backward Class of citizens] [Clause (d) was inserted by Maharashtra 15 of 1994, Section 5(2)(b).] in the case of municipal area of each Class of Council [shall be Twenty-Seven per cent] [These words were substituted for the words 'on the basis of as nearly as may be twenty-seven per cent' by Maharashtra 12 of 1997, Section 3(2)(a).] of the total number of seats to be filled in by direct election for the purpose of any general election held after the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1993, (Maharashtra XV of 1994)]:
Provided that, while making such reservation [one-third] [These words were substituted for the words 'one-third' by Maharashtra 20 of 2011, Section 5(3), (w.e.f. 21-4-2011).] of the total number of seats so reserved shall be reserved for women belonging to the [Backward class of citizens.] [These words were substituted for the words 'Other Backward Class' by flab. 12 of 1997, Section 3(1).]Explanation.- [* * *] [Deleted by Maharashtra Act 12 of 1997, Section 3(2)(b).]

(3)

The reservation of seats for Scheduled Castes and Scheduled Tribes made by an order under sub-section (2) shall cease to have the effect when the reservation of seats for those Castes and Tribes in the Legislative Assembly of the State ceases to have effect under the Constitution of India:Provided that, nothing in this sub-section shall render any person elected to any reserved seat ineligible to continue as a Councillor during the term of office for which he was duly elected by reason only of the fact that the reservation of seats has ceased to have effect.

(4)

Every order under sub-section (2) shall take effect for the purposes of the next election of the Council immediately following after the date of the order.

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