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RNI No. MAHBIL/2009/40123
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MAHARASHTRA LEGISLATURE SECRETARIAT
The Following Bill was introduced in the Maharashtra Legislative Assembly on the
16th December, 2024 is published under Rule 117 of the Maharashtra Legislative
Assembly Rules.
L. A. BILL No. XXII OF 2024.
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 ensuing general elections to the
State Legislative Assembly.
WHEREAS general elections to the State Legislative Assembly were
likely to be held in the month of November, 2024;
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 October-November 2024;
¦ÉÉMÉ {ÉÉSÉ-+-25-1.
BSɤÉÒ-2103-1.
(1)2 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉ¤åÉ®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946
AND WHEREAS on account of 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 have been 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 three 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 Pachayat Samitis Temporary Mah.
Ord. XI
Postponement of Elections (of the President, Vice-President and Chairmen
of 2024.
of the Subjects Committess of certain Zilla Parishad and the Chairmen and
Deputy Chairmen of certain Panchayat Samitis due to ensuing general
elections to the State Legislative Assembly) Ordinance, 2024 on the 14th
October 2024 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act
of the State Legislature ; it is hereby enacted in the Seventy-fifth Year of the
Republic of India as follows:—
Short title 1. (1) This Act may be called the Maharashtra Zilla Parishads and
and
Panchayat Samitis Temporary Postponement of Elections (of the President,
commence-
ment. 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, 2024.
(2) It shall be deemed to have come into force on the 14th October 2024.
Definitions. 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 Mah. V
of 1962.
and Panchayat Samitis Act, 1961;¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉ¤åÉ®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 3
(d) words and expressions used in this Act and not defined herein
shall, in relation to any Zilla Parishad or Panchayat Samitis, have the
same meaning assigned to them in the Zilla Parishads Act.
3. (1) Notwithstanding anything contained in the Zilla Parishads Act Postponement
of elections of
or the rules made thereunder or in any judgment, decree or order of any
Presidents,
Court,— Vice-
Presidents
(a) no election to the offices of the President, Vice-President and and
Chairmen of
the Chairmen of the Subjects Committees of the Zilla Parishads and
Subjects
the Chairmen and Deputy Chairmen of the Panchayat Samitis, after Committees
and
expiry of two and half years, during the current term of such Zilla
Chairmen
Pariashad or Panchayat Samiti, as the case may be, shall be held for a and Deputy
Chairmen of
period of ninety days from the date of coming into force of this Act, or
Panchayat
till such earlier date as the State Government may, by notification in Samitis and
the Official Gazette, specify (hereinafter in this Act referred to as “the extension of
term of their
said period ”) ; office.
(b) the term of offices of the President, Vice-President and
Chairmen of the Subjects Committees 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 subsection (1), after the term
of offices 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 as extended by this Act expires, they shall continue
to hold office until 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 Presidents, Vice-Presidents and Chairmen of the Subjects Powers of
Presidents,
Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen
Vice-
of the Panchayat Samitis, whose term of offices are deemed to have been Presidents and
Chairmen of
extended or are extended, as the case may be, under section 3 shall,
Subjects
throughout the extended period, be deemed to have been and be competent Committees
to exercise all the powers, perform all the duties and discharge all the and
Chairmen
functions as such President, Vice-President and Chairmen of the Subjects
and Deputy
Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen Chairmen of
Panchayat
of the Panchayat Samitis; and no act done by any of them during said period
Samitis
shall be invalid, or shall be called in question in any Court, merely on the whose term of
ground that during such extended period, the President, Vice-President and office stands
extended and
Chairmen of the Subjects Committees of the Zilla Parishads and the
validation of
Chairmen and Deputy Chairmen of the Panchayat Samitis, could not exercise certain acts.
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.4 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉ¤åÉ®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946
Arrangements
5. Notwithstanding anything contained in this Act, arrangements shall
to hold
be made by the Collectors and other officers concerned to hold the elections
elections of
Presidents, of the Presidents, Vice-Presidents and Chairmen of the Subjects Committees
Vice- of the Zilla Parishads and the Chairmen and Deputy Chairmen of the
Presidents
Panchayat Samitis, in accordance with the provisions of the Zilla Parishads
and
Act and the rules made thereunder, before, or as soon as possible, after the
Chairmen of
the Subjects expiration of the extended term of office of the Presidents, Vice-Presidents
Committees and Chairmen of the Subjects Committees of the Zilla Parishads and the
of Zilla
Chairmen and Deputy Chairmen of the Panchayat Samitis.
Parishads
and
Chairmen
and Deputy
Chairmen of
Panchayat
Samitis.
Power to
6. (1) If any difficulty arises in giving effect to the provisions of this
remove
Act or by reason of anything contained therein, or in giving effect to the Zilla
difficulty.
Parishads Act in respect of any matter contained in this Act, the State
Government may as occasion arises, by an 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 the expiry of a period
of six months from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
Removal of 7. For the removal of doubt, it is hereby declared that, nothing
doubt.
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 Parishads and the Panchayat Samitis, as the case may be.
Repeal of 8. (1) The Maharashtra Zilla Parishads and Panchyat Samitis Mah.
Mah. Ord. XI Ord. XI
temporary Postponement of Elections (of the President, Vice-President and
of 2024 of 2024.
Chairmen of the Subjects Committess of certain Zilla Parishads and the
and
saving. Chairmen and Deputy Chairmen of certain Panchayat Samitis due to ensuing
general elections to the State Legislative Assembly) Ordinance, 2024 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.¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉ¤åÉ®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 5
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 the 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 October-November 2024.
2. The general elections to the State Legislative Assembly were likely
to be held in the month of November 2024. 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 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 ninety days.
3. 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 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
Maharashta Zilla Parishads and Panchayat Samitis Temporary Postponement
of Elections (of the President, Vice-President and Chairmen of the Subjects
Committes of certain Zilla Parishads and the Chairmen and Deputy
Chairmen of certain Panchayat Samitis due to ensuing general elections to
the State Legislative Assembly) Ordiance, 2024 (Mah. Ord. XI of 2024), was
promulgated by the Governor of Maharashtra on the 14th October 2024.
4. The Bill is intended to replace the said Ordinance by an Act of the
State Legislature.
Nagpur,
DEVENDRA FADNAVIS,
Dated the 15th December, 2024. Chief Minister.
¦ÉÉMÉ {ÉÉSÉ-+-25-2.
BSɤÉÒ-2103-2.6 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉ¤åÉ®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946
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
ninety days from the date of commemcement 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.
Vidhan Bhavan : JITENDRA BHOLE,
Nagpur, Secretary (1) (I/C),
Dated the 16th December, 2024. 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 PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.