The Maharashtra Village Panchayats (Temporary Postponement of Certain Elections) Act, 1989

1. (1) This Act may be called the Maharashtra Village Panchayate (Temporary Postponement of certain Elections) Act, 1989.
2. (2) It shall be deemed to have come into force on the 14th September 1989.
3. (3) It shall remain in operation upto, and inclusive of, the 30th April 1992 or such earlier date as the State Government, by notification in the Official Gazette, specify and shall then expire. Section 7 of the Bombay General Clauses Act, 1904, shall apply upon the expiry of this Act, as if it has been repealed by Maharashtra Act.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 sections 159 and 160 of the Panchayats Act, and includes any person appointed under clause
   • (b) of sub-section
2. (2) of section 145 of 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 which is due or likely to be due on or after the date of commencement of this Act, but shall not include the election of a Sarpanch or Upa-Sarpanch;
   • (c) “Panchayat” means a panchayat established or deemed to have been established under the Panchayat Act;
   • (d) “the Panchayats Act” means the Bombay Village Panchayats Act, 1958.

Notwithstanding anything contained in the Panchayats Act or any rules or bye-laws made thereunder,—

1. (a) during the period from the date of commencement of this Act upto, and inclusive of, the 30th day of April 1992 or 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”), no general election to a Panchayat, and no by-election to fill any casual vacancy in any panchayat, excepting the election of such panchayats, the dates for various stages of which have been fixed by the Collector, Tahsildar or any other officers, shall be held;
2. (b) the term of office (including any extended term of office) of the members (whether elected or appointed) of any panchayat, 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 re-constituted 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 also (whether before or after 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 before or during the said period shall be deemed invalid, or shall be called in question in any Court, merely on the ground that the term of office was not extended in time, or was not otherwise duly extended, or that during the extended period the panchayat, member or Administrator could not exercise all powers an 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 said period) to be notified by the State Government in the Official Gazette, arrangements shall be made by the Collector and other officers concerned to constitute new panchayats in accordance with the provisions of the Panchayats Act and rules and bye-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 provisions of the Panchayats Act shall in all other respects apply to the panchayats conerned.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purposes of removing the difficulty.

1. (1) The Maharashtra Village Panchayats (Temporary Postponement of certain Elections to flood conditions in the State) Ordinance, 1989, is hereby repealed.
2. (2) Notwithstanding scuh 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.