Maharashtra Local Authority Members' Disqualification Act, 1986
No: 20 Dated: Apr, 29 1987
THE MAHARASHTRA LOCAL AUTHORITY MEMBERS ' DISQUALIFICATION ACT, 1986
ACT No. XX OF 1987
An act to provide for disqualification of members of certain local authorities on ground of defection and for matters incidental and connected therewith.
WHEREAS it is expedient to provide for disqualification of members of certain local authorities on the ground of defection and for matters incidental and connected therewith;
It is hereby enacted in the Thirty-seventh Year of the Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Maharashtra Local Authority Members' Disqualification Act, 1986.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act unless the context otherwise requires,-
(a) "aghadi" or "front" means a group of persons who have formed themselves into party for the purpose of setting up candidates for election to a local authority;
(b) "Collector" means the Collector of a district;
(c) "Commissioner" means the Commissioner of a revenue division appointed under section 6 of the Maharashtra Land Revenue Code, 1966;
(d) "Councillor" means a Councillor of a Municipal Corporation, or a Municipal Council, or a Zilla Parishad;
(e) "local authority" means
(i) a Municipal Corporation,
(ii) a Municipal Council,
(iii) a Zilla Parishad, or
(iv) a Panchayat Samiti;
(f) "member" means a member of a Panchayat Samiti;
(g) "Municipal Corporation" means Municipal Corporation constituted under a relevant municipal law;
(h) "Municipal Council" means a Municipal Council constituted under the Maharashtra Municipalities Act, 1965;
(i) "municipal party", in relation to the Councillor belonging to any political party or aghadi or front in accordance with the Explanation to section 3, means
(i) in the case of a Councillor of a Municipal Corporation, the group consisting of all Councillors of the Municipal Corporation for the time being belonging to that political party or aghadi or front in accordance with the said Explanation;
(ii) in the case of a Councillor of a Municipal Council, the group consisting of all the Councillors of the Municipal Council for the time being belonging to that political party or aghadi or front in accordance with the said Explanation;
(j) "original political party", in relation to a Councillor or a member, means the political party to which he belongs for the purposes of sub-section (1) of section 3;
(k) "Panchayat Samiti" means a Panchayat Samiti constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;
(l) "Panchayat Samiti party", in relation to a member belonging to any political party or aghadi or front in accordance with the Explanation to section 3, means the group consisting of all the members of the Panchayat Samiti for the time being belonging to that political party or aghadi or front in accordance with the said Explanation;
(m) "relevant municipal law",-
(i) in relation to the Municipal Corporation of Greater Bombay, means the Bombay Municipal Corporation Act;
(ii) in relation to the Corporation of the City of Nagpur, means the City of Nagpur Corporation Act, 1948;
(iii) in relation to the Municipal Corporation of any other City, means the Bombay Provincial Municipal Corporations Act, 1949;
(n) "Schedule" means the Schedule appended to this Act;
(o) "Zilla Parishad" means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;
(p) "Zilla Parishad Party", in relation to a Councillor of a Zilla Parishad belonging to any political party or aghadi or front in accordance with the Explanation to section 3, means the group consisting of all the members of the Zilla Parishad for the time, being belonging to that political party or aghadi or front in accordance with the said Explanation.