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

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

(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

the Republic of India as follow :–

(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.

Short title

and commen-

cement.

Mah. V

of 1962.

Mah.

Ord. XXI

of 2019.

(1)

BSÉ¤ÉÒ-1802-1

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+

´É¹ÉÇ 5, +ÆEò 12]

ºÉÉä¨Éý´ÉÉ®ú, Êb÷ºÉå¤É®ú 16, 2019/+OÉ½þÉªÉhÉ 25, ¶ÉEäò 1941

[{ÉÞ¹`äö 3, ËEò¨ÉiÉ : ¯û{ÉªÉä 36.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 33

|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉºÉ¦ÉäiÉ ´É ¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ{ÉÊ®ú¹ÉnäùiÉ ºÉÉnù®ú Eäò±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

16^th December, 2019 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules.

RNI No. MAHBIL/2009/40123

¦ÉÉMÉ {ÉÉSÉ-+-33-1.

Amendment

of section 75B

of Mah. V of

1962.

Mah. V

of 1962.

Mah.

Ord. XXI

of 2019.

To section 75B of the Maharashtra Zilla Parishads and Panchayat

Samitis Act, 1961 (hereinafter referred to as ”the principal Act”), the following

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.”.

To section 91B of the principal Act, the following 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.”.

(1) The Maharashtra Zilla Parishads and Panchayat Samitis

(Amendment) Ordinance, 2019 is hereby repealed.

(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.

Amendment

of section 91B

of Mah. V of

1962.

Repeal of

Mah. Ord. XXI

of 2019 and

saving.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉö-+, Êb÷ºÉå¤É®ú 16, 2019/+OÉ½þÉªÉhÉ 25, ¶ÉEäò 1941

STATEMENT 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.

However, these sections were not explicitly specifing the period,

during which such authorization shall be effective.

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.

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.

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.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Nagpur,

Secretary (Incharge),

Dated the 16^th December, 2019.

Maharashtra Legislative Assembly.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉö-+, Êb÷ºÉå¤É®ú 16, 2019/+OÉ½þÉªÉhÉ 25, ¶ÉEäò 1941

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.