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L. A. BILL No. XVII OF 2022.
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 ;
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 17th August, 2022
is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
RNI No. MAHBIL /2009/40123
(1)
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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 Panchayats Samitis
(Second Amendment) Ordinance, 2022 on the 4th August 2022 ;
AND WHEREAS it is expedient to replace the said Ordinance, by an
Act of the State Legislature ; it is hereby enacted in the Seventy-third Year
of the Republic of India as follows :–
1.
(1) This Act may be called the Maharashtra Zilla Parishads and
Panchayat Samitis (Second Amendment) Act, 2022.
(2) It shall be deemed to have come into force on the 4th August 2022.
2.
In section 9 of the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961 (hereinafter referred to as “the principal Act”), in sub-
section (1), in clause (a), for the words “not more than eighty-five and not
less than fifty-five in number” the words “not more than seventy-five and
not less than fifty in number” shall be substituted.
3.
Notwithstanding anything contained in the principal Act and the
rules, notifications or orders made thereunder, where the process,—
(i) to divide a district into electoral divisions and to determine the
number of Councillors to be elected from District, or
(ii) to divide an electoral division into electoral colleges, or
(iii) of reservation of seats of Councillors in the Zilla Parishads and
Panchayat Samitis,
is started or completed by the State Election Commissioner, or the State
Government, as the case may be, before the date of commencement of the
Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment)
Act, 2022, shall be deemed to be annulled and such process shall be done
afresh according to the provisions of the principal Act as amended by this
Act.
4.
(1) If any difficulty arises in giving effect to the provisions of the
principal Act, as amended by this Act, the State Government may, by an
order published in the Official Gazette, as the occasion arises, make such
provisions not inconsistent with the provisions of the principal Act, as
amended by this Act, as may appear to it to be necessary or expedient for the
purposes of removing the difficulty :
Provided that, no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be,
after it is made, before each House of the State Legislature.
Mah.
Ord.
VIII of
2022.
Short title and
commencement.
Amendment
of section 9 of
Mah. V of
1962.
Annulment
of process.
Mah. of
2022.
Power to
remove
difficulties.
Mah. V
of 1962.
Mah. V
of 1962.
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5.
(1) The Maharashtra Zilla Parishads and Panchayats Samitis
(Second Amendment) Ordinance, 2022, 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.
Mah.
Ord.
VIII of
2022.
Repeal of
Mah. Ord.
VIII of 2022
and saving.
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STATEMENT OF OBJECTS AND REASONS
Sub-section (1) of section 9 of the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961 (Mah. V of 1962) provides for the constitution of
the Zilla Parishad. The Zilla Parishad shall consist of such number of
Councillors chosen by direct electoral divisions in the District, as determined
by the State Election Commission, so however that, ratio between the
population of the territorial area of a Zilla Parishad and the number of seats
in such Zilla Parishad to be filled by election shall, so far as practicable, be
the same throughout the State.
2. Sub-section (1) of said section 9 had been amended by the Maharashtra
Zilla Parishads and Panchayat Samitis (Amendment) Act, 2021 (Mah. XVIII
of 2022) to provide that the Zilla Parishad shall consist of Councillors chosen
by direct electoral divisions in the District being not more than eighty-five
and not less than fifty-five of the Councillors. The minimum and maximum
number of Councillors of the Zilla Parishads had been increased by the said
Amendment Act taking into account the probable growth of the population.
3. The process of transformation of rural areas in the State into urban
areas is going on at a fast pace. Also, due to the inclusion of rural areas in
the areas of adjoining Municipal Corporations and the conversion of some
rural areas into urban areas, the actual population of the rural areas is
continuously decreasing. It was, therefore, considered expedient to specify
the minimum and maximum number of Councillors on the basis of figures of
population as per Census of 2021, after it is completed.
4. In view of the above, it was considered expedient to amend section 9
of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, suitably
to reinstate the number of Councillors specified in the said Act prior to the
said Amendment Act.
5. 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 Panchayats Samitis
(Second Amendment) Ordinance, 2022 (Mah. Ord. VIII of 2022), was
promulgated by the Governor of Maharashtra on the 4th August 2022.
6.
The Bill is intended to replace the said Ordinance by an Act of the
State Legislature.
Mumbai,
EKNATH SAMBHAJI SHINDE,
Dated the 12th August 2022.
Chief Minister.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of legislative
power, namely :—
Clause 4.—Under this clause, power is taken to the State Government,
to issue an order published in the Official Gazette, for removing any
difficulty which may arise in giving effect to the provisions of the Act.
2.
The above-mentioned proposal for delegation of legislative power is
of a normal character.
Vidhan Bhavan :
RAJENDRA BHAGWAT,
Mumbai,
Principal Secretary,
Dated the 17th August, 2022.
Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 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.