L. A. BILL No. XLV OF 2019.

A BILL

to provide for temporary postponement of elections of the President,

Vice-President and Chairmen of the Subjects Committees of certain

Zilla Parishads and the Chairmen and Deputy Chairmen of certain

Panchayat Samitis on account of ensuoing general elections to the

State Legislative Assembly.

WHEREAS general elections to the State Legislative Assembly were

likely to be held sometime in the month of October 2019 ;

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In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation

in English of the Maharashtra Zilla Parishads and Panchayat Samitis Temporary Postponement of

Elections (of the President, Vice-President and Chairmen of the Subjects Committees of certain Zilla

Parishads and the Chairmen and Deputy Chairmen of certain Panchayat Samitis due to ensuing general

elections to the State Legislative Assembly) Bill, 2019 (L.A. Bill No. XLV of 2019), introduced in the

Maharashtra Legislative Assembly on the 16^th December 2019, is hereby published under the authority

of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG/2009/35528

¦ÉÉMÉ +É`ö-95-1.

(BSÉ¤ÉÒ-1816--1.)

(1)

AND WHEREAS the term of offices of the President, Vice-President

and Chairmen of the Subjects Committees of certain Zilla Parishads and

Chairmen and Deputy Chairmen of certain Panchayat Samitis were due to

expire in August-September 2019;

AND WHEREAS on account of then ensuing general elections to the

Maharashtra Legislative Assembly, all the Collectors and staff of the

Collectorate of the Districts as well as the police personnel in the Districts

were busy with preparation for the ensuing general elections to the

Maharashtra Legislative Assembly and would had totally occupied with the

pre and post elections duties;

AND WHEREAS to rule out any possible overlapping of the said elections

and any possible undue pressure on civil and police administration and any

law and order problem or inconvenience to the citizens as well as to the

candidates, and electors concerned, it was considered expedient to

temporarily postpone the elections of the President, Vice-President and

Chairmen of the Subjects Committees of certain Zilla Parishads and the

Chairmen and Deputy Chairmen of certain Panchayat Samitis for a period

of four months ;

AND 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 to provide for temporary postponement of elections of the President,

Vice-President and Chairmen of the Subjects Committees of certain Zilla

Parishads and the Chairmen and Deputy Chairmen of certain Panchayat

Samitis, for the reasons aforesaid; and therefore, promulgated the

Maharashtra Zilla parishads and Panchayat Samitis temporary

postponement of Elections of the President, Vice-President and Chairmen

of the Subjects Committees of certain Zilla Parishads and the Chairmen and

Deputy Chairmen of certain Panchayat Samitis due to ensuing general

elections to the State Legislative Assembly) 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 follows :—

1. (1) This Act may be called the Maharashtra Zilla Parishads and

Panchayat Samitis Temporary Postponement of Elections (of the President,

Vice-President and Chairmen of the Subjects Committees of certain Zilla

Parishads and the Chairmen and Deputy Chairmen of certain Panchayat

Samitis due to ensuing general elections to the State Legislative Assembly)

Act, 2019.

(2) It shall be demed to have come into force on the 23rd August 2019.

2. In this Act, unless the context otherwise requires,—

(a) “Panchayat Samiti” means a Panchayat Samiti constituted under

the Zilla Parishads Act ;

(b) “Zilla Parishad” means a Zilla Parishad constituted under the

Zilla Parishads Act ;

(c) “Zilla Parishads Act” means the Maharashtra Zilla Parishads

and Panchayat Samitis Act, 1961 ;

(d) words and expressions used in this Act and not defined herein

shall, in relation to any Zilla Parishad or Panchayat Samiti, have the

same meaning assigned to them in the Zilla Parishads Act.

Mah.

Ord.

XXII of

2019.

Definitions.

Short title and

commence-

ment.

Mah. V

of 1962.

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Postponement

of elections of

Presidents,

Vice-Presidents

and Chairmen

of Subjects

Committees

and Chairmen

and Deputy

Chairmen of

Panchayat

Samitis and

extension of

term of their

office.

3. (1) Notwithstanding anything contained in the Zilla Parishads Act or

the rules made thereunder or in any judgement, decree or order of any

Court,—

(a) no election to the offices of the President, Vice-President and

the Chairmen of the Subjects Comittees of the Zilla Parishads and the

Chairmen and Deputy Chairmen of the Panchayat samitis, after expiry

of two and half years, during the current term of such Zilla Pariashad

or Panchayat Samiti, as the case may be, shall be held for a period of one

hundred and twenty days from the date of coming into force of this Act,

or till such earlier date as the State Government may, by notification in

the Official Gazette, specify (hereinafter in this Act referred to as “the

said period”);

(b) the term of office of the President, Vice-President and the

Chairmen of the Subjects Comittees of the Zilla Parishads and the

Chairmen and Deputy Chairmen of the Panchayat Samiti elected after

the said period shall be co-terminous with the term of the elected

Councillors or members, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), after the term

of office of the President, Vice-President and the Chairmen of the Subjects

Comittees of the Zilla Parishads and the Chairmen and Deputy Chairmen

of the Panchayat Samitis as extended by this Act expires, they shall

continue to hold office untill the new President, Vice-President and

Chairmen of the Subjects Committees of the Zilla Parishads and the

Chairmen and Deputy Chairmen of the Panchayat Samitis have been

elected under the Zilla Parishads Act.

4. All the President, Vice-Presidents and Chairmen of the Subjects

Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen

of the Panchayat Samitis, whose term of offices are deemed to have been

extended or are extended, as the case may be, under section 3 shall,

throughout the extended period, be deemed to have been and be competent

to exercise all the powers, perform all the duties and discharge all the

functions as such President, Vice-President and Chairmen of the Subjects

Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen

of the Panchayat Samitis; and no act done by any of them during said period

shall be invalid, or shall be called in question in any Court, merely on the

ground that during such extended period, the President, Vice-President

and Chairmen of the Subjects Committees of the Zilla Parishads and the

Chairmen and Deputy Chairmen of the Panchayat Samitis, could not

exercise all or any of the powers or perform all or any of the duties or

discharge all or any of the functions of the President, Vice-President and

Chairmen of the subjects Committees of the Zilla Parishads and the

Chairmen and Deputy Chairmen of the Panchayat Samitis.

5. Notwithstanding anything contained in this Act, arrangements shall

be made by the Collectors and other officers concerned to hold the elections

of the Presidents, Vice-President and Chairmen of the Subjects Committees

of the Zilla Parishads and the Chairmen and Deputy Chairmen of the

Panchayat Samitis, in accordance with the provisions of the Zilla Parishads

Act and the rules made thereunder, before, or as soon as possible, after

the expiration of the extended term of office of the Presidents, Vice-

Presidents and Chairmen of the Subjects Committees of the Zilla Parishads

and the Chairmen and Deputy Chairmen of the Panchayat Samitis.

Powers of

Presidents,

Vice-Presidents

and Chairmen

of Subjects

Committees

and Chairmen

and Deputy

Chairmen of

Panchayat

Samitis whose

term of office

stands

extended and

validation of

certain act.

Arrangements

to hold election

of Presidents,

Vice-Presidents

and Chairmen

of Subjects

Committees of

Zilla Parishads

and Chairmen

and Deputy

Chairmen of

Panchayat

Samitis.

¦ÉÉMÉ +É`ö-95-2.

(BSÉ¤ÉÒ-1816--2.)

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(1) If any difficulty arises in giving effect to the provisions of this

Act or by reason of anything contained therein, or in giving effect to the Zilla

Parishads Act in respect of any matter contained in this Act, the State

Government may as occasion arises, by order, published in the Official

Gazette, do anything which appears to it to be necessary for the purpose of

removing the difficulty :

Provided that, no such order shall be made after expiry of period of six

months from the date of commencement of this Act.

(2) Every such order made under this section shall be laid, as soon as

may be, after it is made, before each House of the State Legislature.

For the removal of doubt, it is hereby declared that, nothing

contained in this Act shall apply in respect of the election of the offices of the

Presidents, Vice-Presidents and Chairmen of the Subjects Committees of

the Zilla Parishads and the Chairmen and Deputy Chairmen of the Panchayat

Samitis, to be held immediately after the general election to the Zilla

Parishad and the Panchayat Samiti, as the case may be.

(1) The Maharashtra Zilla Parishad and Panchayat Samiti

Temporary Postponement of Elections (of the President, Vice-President and

Chairmen of the Subjects Committees of certain Zilla Parishads, and the

Chairmen and Deputy Chairmen of certain Panchayat Samitis due to ensuing

general elections to the State Legislative Assembly) Ordinance, 2019, is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance shall be deemed to have been done or taken under

the provisions of this Act.

Power to

remove

difficulty.

Removal of

doubt.

Repeal of

Mah. Ord.

XXII of 2019

and saving.

Mah.

Ord.

XXII of

2019.

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STATEMENT OF OBJECTS AND REASONS.

As per the existing provisions of the Maharashtra Zilla Parishads and

Panchayat Samitis Act, 1961 (Mah. V of 1962), in the State, the tenure of the

offices of the President, Vice-President and Chairmen of the Subjects

Committees of the Zilla Parishads and Chairmen and Deputy Chairmen of

the Panchayat Samitis is two and a half years. In some of the Zilla Parishads

and Panchayat Samitis, the term of offices of the Presidents, Vice-Presidents,

and Chairmen of the Subjects Committees of the Zilla Parishads, the

Chairmen and Deputy Chairmen of the Panchayat Samitis, were due to expire

in the months of August-September 2019.

2. The then general elections to the State Legislative Assembly were

likely to be held sometime in the month of October 2019. On account of the

said general elections to the Maharashtra Legislative Assembly, all Collectors

and staff of the Collectorate of the Districts as well as the police personnel

in the Districts were busy with preparation for the said general elections

and would have been totally occupied with the pre and post election duties. To

rule out any possible overlapping of the said elections and any possible undue

pressure on civil and police administration and any law and order problem

or any inconvenience to the citizens as well as to the candidates and the

electors concerned, it was considered expedient to temporarily postpone the

elections of the Presidents, Vice-Presidents and Chairmen of the Subjects

Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen

of the Panchayat Samitis, for a period of one hundred and twenty days.

3. As both House 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 to provide for

temporary postponement of elections to the offices of the President, Vice-

President and Chairmen of the Subjects Committees of certain Zilla Parishads

and the Chairmen and Deputy Chairmen of the certain Panchayat Samitis,

on account of ensuing general elections to the Maharashtra Legislative

Assembly and for certain other incidental matters, the Maharashtra Zilla

Parishads and Panchayat Samitis Temporary Postponement of elections (of

the President, Vice-President and Chairmen of the Subjects Committees of

certain Zilla Parishads and the Chairmen and Deputy Chairmen of certain

Panchayat Samitis due to ensuing general elections to the State Legislative

Assembly) Ordinance, 2019 (Mah. Ord. XXII of 2019), was promulgated by

the Governor of Maharashtra, on the 23^rd August 2019.

The Bill is intended to replace the said Ordinance by an Act of the

State Legislature.

Mumbai,

CHAGAN CHANDRAKANT BHUJBAL,

Dated the 15^th December, 2019.

Minister for Rural Development.

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MEMORANDUM REGARDING DELEGATED LEGISLATION.

The Bill involves the following proposals for delegation of legislative

powers, namely :—

Clause 3(1).–The Act is intended to remain in force for a period of

one hundred and twenty days from the date of commencement of this

Act. However, under this clause, power is taken to the State Government

to shorten the period of operation of this Act, if considered necessary,

by issuing a notification in the Official Gazette.

Clause 6.–Under this clause, power is taken to the State Government

to take an action by an order published in the Official Gazette, for

removing the difficulty in giving effect to the provisions of this Act.

2. All the above proposals for delegation of legislative power are of a

normal character.

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