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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.