RNI No. MAHBIL/2009/40123
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द्धन्रु]क्ष् ह्यम्रू म् द्धन्रु]क्ष् ह्यम्ह्यन्रु रून् ॅ्र ह्यम्ॅ (ह्र +ाम्).
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 16th December, 2019 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.
L. A. BILL No. XLIII OF 2019.
A BILL
further to amend the Maharashtra Zilla Parishads and Panchayat Samitis
Act, 1961.
WHEREAS, both houses of the State Legislature were not in session ;
AND WHEREAS, the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate Mah. V of 1962.
action further to amend the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, for the purposes hereinafter appearing ; and, therefore, promulgated the Maharashtra Zilla Parishads and Panchayat Samitis Mah. Ord. XXI of 2019.
(Amendment) Ordinance, 2019 on the 23rd August 2019 ;
AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Seventieth Year of
Short title and commen- cement.
the Republic of India as follow :–
1. (1) This Act may be called the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2019.
(2) It shall be deemed to have come into force on the 23rd August 2019.
(१)
भाग पाच-अ-३३-१. एचबी-१८०२-१२ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०१९/अग्रहायण २५, शके १९४१ 2. To section 75B of the Maharashtra Zilla Parishads and Panchayat Mah. V of 1962.
Samitis Act, 1961 (hereinafter referred to as "the principal Act"), the following Amendment of section 75B of Mah. V of 1962. provisos shall be added, namely :–
" Provided that, the period of authorization under this section shall not exceed four months :
Provided further that, in exceptional circumstances to be recorded in the order, the said period may be extended from time to time for such further period as may be specified in the order, but such period of authorisation shall not exceed six months in the aggregate.".
3. To section 91B of the principal Act, the following provisos shall be added, namely :–
Amendment of section 91B of Mah. V of 1962.
" Provided that, the period of authorization under this section shall not exceed four months :
Provided further that, in exceptional circumstances to be recorded in the order, the said period may be extended, from time to time, for such further period as may be specified in the order, but such period of authorisation shall not exceed six months in the aggregate.".
4. (1) The Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2019 is hereby repealed.
Repeal of Mah. Ord. XXI of 2019 and saving.
Mah. Ord. XXI of 2019.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.
महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, डिसेंबर १६, २०१९/अग्रहायण २५, शके १९४१ ३STATEMENT OF OBJECTS AND REASONS
Sections 75B and 91B of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) empowers the State Government to issue the order authorising the officers to exercise all the powers and to perform all the duties of the offices, when offices of all presiding officers become vacant simultaneously.
2. However, these sections were not explicitly specifing the period, during which such authorization shall be effective.
3. To ensure that, the offices of the presiding officers and filled in expeditiously, it was considered expedient to provide that the periods of authorization under these sections shall be effective for a period of not more than four months and in exceptional circumstances, the said period may be extended from time to time, but the total period during which such authorisation shall be effective shall not be more than six months in aggregate.
4. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, for the purposes aforesaid, the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2019 (Mah. Ord. XXI of 2019), was promulgated by the Governor of Maharashtra on the 23rd August 2019.
5. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.
Mumbai, CHAGAN CHANDRAKANT BHUJBAL, Dated the 15th December, 2019. Minister for Rural Development.
Secretary (Incharge),
Vidhan Bhavan : RAJENDRA BHAGWAT, Nagpur, Dated the 16th December, 2019. Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : DIRECTOR, RUPENDRA DINESH MORE.