State Act

The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

322. Power of Council to make by-laws.— (1) The power to make all by-laws under this Act shall be exercisable by each Council, subject to the previous sanction of the Collector or the State Government as hereinafter provided. (2) Without prejudice to any power to make by-laws contained elsewhere in this Act, a Council may make by-laws consistent with this Act and the rules made thereunder for the administration of its affairs and for the guidance of its Committees, officers and servants. (3) (a) The Council, whenever it desires to make by-laws under this Act, shall by a resolution at a special meeting approve a draft of such by-laws. 3[(b) After any such resolution is passed, the Council shall display the draft of the bye-laws on its notice board and publish a notice in a local newspaper informing the inhabitants of the municipal area about the subject matter of the draft bye-laws so displayed and inviting their objections and suggestions in respect of the said draft within a reasonable period to be specified in such notice.] (c) The Council at a special meeting shall then consider the objections and suggestions received, if any, and shall by a resolution approve the final draft of the by-laws. (d) Within seven days of the passing of such resolution, the Council shall send such final draft to the Collector. (e) The Collector shall examine the final draft of the by-laws sent to him under clause (d) and may— (i) refuse to sanction them or return them to the Council if in his opinion,— (A) the by-laws are inconsistent with this Act or the rules made thereunder and the inconsistency cannot be removed except by materially altering the by-laws; or (B) objection if any, to the by-laws has not been duly considered by the Council; or (C) there is any new objection to the by-laws; or (D) the rates of taxes or fees proposed in the by-laws are inadequate; or (ii) sanction them, with or without such modifications as he considers necessary. The Collector shall publish the by-laws as sanctioned by him in the Official Gazette, and the by-laws so published shall take effect from the date of their publication in the Official Gazette or such other subsequent date as may be mentioned therein; (f) Notwithstanding anything contained in clause (e), if the by-laws sent by any Council under clause (d) relate to imposition, abolition, remission, alteration or regulation of any tax, the Collector shall forward them to the State Government for sanction and thereupon the provisions of clause (e) shall apply as if for the word “Collector” in the said clause the words “State Government” had been substituted. (4) If it appears to the State Government that an amendment of any of the by-laws of a Council is necessary or desirable in the interests of the general public or because they are inconsistent with any provisions of this Act or the rules made thereunder, the State Government may, after consulting the Council, by notification in the Official Gazette, amend or cancel any of the by-laws, and on the issue of such notification the by-laws shall be deemed to have been duly amended or cancelled, as the case may be, accordingly, without prejudice to the validity of anything previously done or omitted to be done.