The Maharashtra Village Panchayats (Postponement of Election due to Ensuing General Elections to the State Legislative Assembly, Zilla Parishads and Panchayats Samitis) Act, 1977

1. (1) This Act may be called the Maharashtra Village Panchayats (Postponement of Elections due to ensuing General Elections to the State Legislative Assembly, Zilla Parishads and Panchayat Samitis) Act, 1977.
2. (2) It shall be deemed to have come into force on the 6th day of September 1977.
3. (3) It shall remain in operation upto and inclusive of the 31st May 1978, or such earlier date as may be notified by the State Government in the Official Gazette; and shall then expire. Section 7 of the Bombay General Clauses Act, 1904, shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act.

In this Act, unless the context otherwise requires,—

1. (a) “administrator” means an administrator appointed under clause
2. (b) of sub-section

1. (1) of section 160 of the Panchayats Act, and includes any person appointed under clause
   • (b) of sub-section
2. (2) of section 145, or clause
   • (a) of sub-section
3. (1) of section 151, of that Act;
   • (b) “election to a panchayat” means the election of a member of the panchayat, but does not include the election of a Sarpanch or Upa-Sarpanch;
   • (c) “panchayat” shall have the meaning assigned to it in the Panchayats Act;
   • (d) “the Panchayats Act” means the Bombay Village Panchayats Act, 1958.

Notwithstanding anything contained in the Panchayats Act or any rules or by-laws made thereunder or in the Maharashtra Village Panchayats (Postponement of Elections during the Emergency) Act, 1975, Mah. — XLV- III of 1975.

1. (a) during the period from the date of commencement of this Act upto and inclusive of the 31st day of May 1978 or such earlier date as may be notified by the State Government under sub-section

1. (3) of section 1 (hereinafter in this Act referred to as “the said period”), no general election to any panchayat, and no by-election to fill any casual vacancy in any panchayat, shall be held;
   • (b) the term of office (including any extended term of office) of the members of any panchayat (whether elected or appointed) or of the administrator or administrators of any panchayat, who were in office on the day immediately preceding the date of commencement of this Act (whether their term has expired before, or will expire on or after the said date at any time during the said period), shall be deemed to have been extended or to be extended, as the case may be; and every such member or administrator shall continue to hold office during the said period: Provided that, after the expiry of the term of office of the members or the administrators as so extended by this section, they shall continue in office until the first meeting of the reconstituted panchayat, at which a quorum is present.

All members of panchayats and all administrators of panchayats, whose term of office is deemed to have been extended, or is extended, as the case may be, under the last preceding section, shall throughout the extended period (whether before or after the commencement of this Act) be deemed to have been and be competent to exercise all powers and to perform all duties and functions as such members or administrators, as the case may be; and no act done by any such member or administrator during the said period shall be deemed invalid merely on the ground that the term of office of the member or administrator had not duly expired in time, or was not otherwise duly extended, or that during the extended period the panchayat, member or administrator could not exercise all powers and perform all duties and functions of the panchayat, member or administrator, as the case may be.

Notwithstanding anything contained in this Act, after a date (being a date before the expiry of the said period) to be notified by the State Government in the Official Gazette, arrangements shall be made by the Collectors and other officers concerned to constitute new panchayats in accordance with the provisions of the new Panchayats Act and the rules and by-laws made thereunder, before, or as soon as possible after, the expiration of the term of office of the existing panchayats, members and administrators, which stands extended under this Act.

Except as otherwise provided by or under this Act, the Panchayats Act shall in all other respects apply to the panchayats concerned.

If any difficulty arises in giving effect to any provisions of this Act, or by reason of anything contained therein, or in giving effect to the provisions of the Panchayats Act, the State Government may as occasion arises, by order, do anything which appears to it to be necessary for the purpose of removing the difficulties.

On the date of commencement of this Act, the Maharashtra Village Panchayats (Postponement of Elections during the Emergency) Act, 1975, shall stand repealed.

1. (1) The Maharashtra Village (Postponement of Elections due to ensuing general elections to the State Legislative Assembly, Zilla Parishads and Panchayat Samitis) Ordinance, 1977, is hereby repealed.
2. (2) Notwithstanding such repeal anything done or any action taken (including any notification or order issued) under the said Ordinance shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act.