State Act

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

9. Composition of Councils.— 2[(1) Every Council shall consist of— (a) 3[The president and the Councillors] 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 4[Collector] in such manner as may be prescribed: 5[Provided that, in case of the Municipal Council where the President is directly elected under section 51A-1A, the President so elected shall nominate the Councillors under clause (b).] (1A) In every Council seats shall be reserved for the Scheduled Castes, the Scheduled Tribes, Backward Class of Citizens and women as provided in sub-section (2).] (2) The Director shall, from time to time by an order published in the Official Gazette, fix for each municipal area— 6[(a) the number of elected Councillors in accordance with the following table :— 7[TABLE Class of Municipal Area Number of Elected Councillors (1) (2) (i) ‘A’ Class The minimum number of elected Councillors shall be 40, and for every 8,000 of the population above 1,00,000, there shall be one additional elected Councillor, so however that, the total number of elected Councillors shall not exceed 75; (ii) ‘B’ Class The minimum number of elected Councillors shall be 25, and for every 5,000 of the population above 40,000 there shall be one additional elected Councillor, so however that, the total number of elected Councillors shall not exceed 37; (iii) ‘C’ Class The minimum number of elected Councillors shall be 20, and for every 3,000 of the population above 25,000 there shall be one additional elected Councillor, so however that, the total number of elected Councillors shall not exceed 25.] 8[(b) the number of seats to be reserved for women in the case of municipal area of each class of councils on the basis of 9[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, 10[the Scheduled Tribes and the 11[Backward Class of Citizens] 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 1[the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1993 (Mah. 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. 2[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:] 3[Provided that, while making such reservation 4[one-half] of the total number of seats so reserved reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; and where only 5[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 6[* * *]]. 7[(d) the seats to be reserved for the persons belonging to the category of Backward Class of of citizens shall be upto 27 per cent. of the total number of seats to be filled in by direct election in a Municipal Council and the total reservation shall not be more than 50 per cent. of the total seats in the Municipal Council: Provided that, one-half of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of citizens.] 8[* * * * * * * *] (3) The reservation of seats for Scheduled Castes and Scheduled Tribes made by an order under sub-section (2) shall cease to have 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 such 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 so ceased to have effect. (4) Every order under sub-section (2) shall take effect for the purposes of the next general election of the Council immediately following after the date of the order.