State Act

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

323. Power to make and enforce acceptance of model by-law.— (1) The State Government may make model by-laws on all or any of the matters in respect of which a Council is empowered to make by-laws and publish them in Official Gazette, for the guidance of the Councils. (2) If a Council has already made by-laws on a matter for which model by-laws are made by the State Government, the Council may adopt the model by-laws with such minimum changes as the peculiar local circumstances may warrant. (3) If at any time it appears to the Director that the by-laws made by a Council on any matters are inadequate to regulate such matters, and model by-laws have been made by the State Government for such matters, the Director may by an order in this behalf require the Council to adopt such model by-laws modified to suit local conditions. (4) The Council shall comply with the orders of the Director under sub-section (3) above within two months of the date of such order. (5) If the Council fails to comply with the orders of the Director, the Director may, by notification in the Official Gazette, apply such model by-laws with such modification to suit local conditions as he thinks necessary to that Council in supersession of any by-laws which the Council may have made already on those matters. In that event, the model by-laws so applied shall be deemed to have been duly made by the Council. (6) If the model by-laws made by the State Government relate to the imposition, abolition, remission, alteration or regulation of any tax, the provisions of sub-sections (3), (4) and (5) shall apply as if for the word “Director” therein the words “State Government” had been substituted.