Chapter XV ALTERATION OF BOUNDARIES OF DISTRICTS AND BLOCKS

1. (1) The State

Government may, on the recommendation of any Zilla Parishad or suo motu by notification in the

Official Gazette, at any time,—

1. (a) include within, or exclude from, any District, any local area 2[or amalgamate two or more Districts into one District or divide any District or Districts into two or more Districts] or otherwise alter the limits of any District; or
2. (b) declare that any local area which is a District shall cease to be a District; and thereupon, the local area shall be so included or excluded 3[or the Districts shall be so amalgamated or divided] or the limits of the District so altered, or as the case may be, the local area shall cease to be a District.

1. (2) A notification issued by the State Government as aforesaid shall be laid before each House of the State Legislature as soon as possible after it is issued. Section 253CC was inserted by Mah. 4 of 2002, s. 9, w. e. f. 12-11-2001. These words were inserted by Mah. 7 of 1967, s. 7(a). These words were inserted by Mah. 7 of 1967, s. 7(b).

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Samitis Act, 1961

(1) In this section, unless the context otherwise requires,—

1. (a) “existing local authority”, in relation to any local area, means the Municipal Council or, where there is no Municipal Council, the Zilla Parishad having jurisdiction over such area immediately before the specified day ;
2. (b) “Municipal Council” means a Municipal Council constituted or deemed to be constituted under the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965) ;
3. (c) “specified day” means the day from which the boundaries of a District are altered under section 254 ;
4. (d) “successor local authority”, in relation to any local area, means the Municipal Council or where there is no Municipal Council, the Zilla Parishad having jurisdiction over such area from the specified day.

1. (2) Where during the term of office of the Councillors of any Zilla Parishad,—
   • (a) any local area is included within a District ;
   • (b) any local area is excluded from a District ;
   • (c) two or more Districts are amalgamated into one District ; or
   • (d) a District is split up into two or more Districts; the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely :—
     • (i) in a case falling under clause (a), the interim increase in the number of Councillors, by appointment of additional Councillors by the State Government until the normal term of the existing Councillors expires ;
     • (ii) in a case falling under clause (b), the removal of the Councillors, who in the opinion of the State Government, represent the area excluded from the District and the continuance of the remaining Councillors until the normal term of such Councillors expires ;
     • (iii) in a case falling under clause (c), the constitution of an interim Zilla Parishad consisting of such number of Councillors appointed by the State Government as the State Government may determine, until the successor Zilla Parishad is in due course constituted under this Act ; 3[(iv) in a case falling under clause (i), the appointment of Administrators to exercise the powers, and to perform the duties and the functions of the successor Zilla Parishads including those of the Panchayat Samitis, the Standing Committees or Subjects Committees or other Committees appointed, if any, until the Zilla Parishads are in due course constituted under this Act ;]
     • (v) the term for which the Councillors appointed under clause (iii) or the administrators appointed under clause (iv) shall hold office, and the manner of holding elections and filling casual vacancies ;
     • (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the State Government, and the terms and conditions for such transfer ;
     • (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local Sections 255 and 255A were substituted for section 255 by Mah. 46 of 1969, s. 5. Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. Clause (iv) was substituted for the original by Mah. 6 of 1986, s. 3.

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Samitis Act, 1961 authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it ;

• • * * *

1. (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed, or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act ;
2. (x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Act by, or in respect of, any existing Zilla Parishad and in force within its area immediately before the specified day, to and in, all or any of the other areas of the successor Zilla Parishad in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the

specified day, until the matters so extended and brought into force are further superseded

or modified under this Act ;

1. (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessment, assessment list, valuations, measurements or divisions made or authenticated by, or in respect of such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law ;
2. (xii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) to (d).

2[(2A) (a) When an order is made under this section, the State Government may, by general or

special order, published in such manner as it deems fit, provide for the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of services of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination.

1. (b) The State Government may, on an application or suo motu, amend, or add to, or rescind any order made in this behalf under this section or any part of such order, whether made before or after the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis

(Third Amendment) Act, 1982 (Mah. XXVI of 1982) if in its opinion, it is necessary to do so on

the ground that the order made is causing or is likely to cause, undue hardship or greater hardship to any such employee or employees or on the overriding ground of administrative convenience.

1. (c) Where an order made in this behalf under this section is amended, added to or rescinded by the State Government at any time before the commencement of the said Act, the said amendment, addition or recession, as the case may be, shall, notwithstanding anything contained in this section, be deemed to have been validly made and shall not be called in question in any Court or before any other authority.]

1. (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then, by virtue of that order, such assests, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee.
2. (4) (a) Where an order is made under this section, the State Government shall before the expiry of the term of the Councillors or Administrator appointed under paragraph (iii) or (iv), of sub-section (2), take steps in accordance with section 9 of this Act for the purpose of determining the number of Councillors of, and for holding election for, the new Zilla Parishad or Parishads, as the case may be ;
   • (b) the Councillors of the interim Zilla Parishad or of the Zilla Parishad in whose case there is an interim increase or reduction in their number or the administrator or administrators appointed under such order, as the case may be, shall, notwithstanding the expiry of the term for which they may Clause (viii) was deleted by Mah. 26 of 1982, s. 2(a). This sub-section was inserted by Mah. 26 of 1982, s. 2(b).

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Samitis Act, 1961 have been appointed, continue in office for the area concerned, until immediately before the first meeting of the new Zilla Parishad or Parishads, as the case may be ;

1. (c) save as otherwise provided by or under this section, the provisions of this Act shall mutatis mutandis apply to any such Parishad, its Councillors or administrator.

When the whole of the local area comprising a District ceases to be a District with effect from the day on which such local areas ceases to be a District—

1. (i) the Zilla Parishad constituted for such District shall cease to exist or function ;
2. (ii) the Councillors of the Zilla Parishads, shall vacate office ;
3. (iii) the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide in respect of such area for all or any of the matters specified in paragraphs (vi) to (xii) (both inclusive) of sub-section (2) of section 255 and the provisions of sub-section (3) of that section shall apply to such order.]

1. (1) The State Government may, by notification in the Official Gazette,—
   • (a) include in any Block, any area in the vicinity thereof ; or
   • (b) exclude from any Block, any local area comprised therein ; or
   • (c) amalgamate two or more Blocks, and constitute one Block in their place ; or
   • (d) divide a Block or Blocks, and constitute two or more Blocks in its or their place ; or
   • (e) otherwise alter or revise the limits of a Block.
2. (2) Every such notification shall define the limits of the local area which is intended to be included in, or excluded from, a Block, or of the areas of the Blocks intended to be amalgamated into one, or of the area of each of the Blocks intended to be constituted after splitting up an existing Block, as the case may be. 1[(3) A notification issued by the State Government as aforesaid shall be laid before each House of the State Legislature as soon as possible after it is issued.]

Where during the term of office of members of any Panchayat Samiti, a notification under sub-section (1) of section 256 is issued altering in any manner the boundaries of any Block, the State Government shall, by order published in the Official Gazette, provide for all or any of the following matters, that is to say—

1. (i) in a case where any area is included within any Block, the interim increase in the number of members by appointment of additional members by the State Government until the normal term of the existing members expires ;
2. (ii) in a case where any area is excluded from any Block, the removal of members, who in the opinion of the State Government represent the area excluded from the Block ; (iii)in a case where two or more Blocks are amalgamated into one Block, the constitution of an interim Panchayat Samiti consisting of such number of members appointed by the State Government as the State Government may determine, until the successor Panchayat Samiti is in due course constituted under this Act ;
3. (iv) in a case where any Block or Blocks are divided into two or more Blocks, the

course constituted under the Act ;

Sub-section (3) was substituted for the original by Mah. 7 of 1967, s. 9. Section 257 was substituted by Mah. 46 of 1969, s. 6.

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1. (v) the area in respect of which the reconstituted Panchayat Samiti shall function and operate ;
2. (vi) the transfer in whole or in part of the rights and liabilities of the existing Panchayat

Samiti to any successor Panchayat Samitis or the State Government and the terms and

conditions of such transfer ;

1. (vii) such incidental, consequential and supplementary matters as may be necessary to give effect to any notification issued under section 256.]

1. (1) Where during the term of office of the members of any existing Panchayat Samiti, a notification is issued by the State Government under clause (d) of sub-section (1) of section 256 read with section 5, dividing a Block or Blocks and constituting two or more Blocks in its or their place, and consequent upon constitution of such new Block or Blocks, as the case may be, as provided under clause (ii) of section 257, the members of the existing Panchayat Samiti or Samitis representing the excluded area or areas are required to be removed, and a new Panchayat Samiti or Samitis, as the case may be, as provided under section 56 are required to be constituted, in such a case, notwithstanding anything contained in section 257 or any other provisions of this Act,—
   • (a) the area or areas so excluded by notification under clause (d) of sub-section (1) of section 256, from the existing Block or Blocks, as the case may be, and notified as constituting a new Block or Blocks, shall be deemed to have been constituted as a new Panchayat Samiti or Samitis, for such Block or Blocks, under section 56 ;
   • (b) the members so removed under clause (ii) of section 257 representing the area or areas excluded from the existing Block or Blocks shall be deemed to be the elected members of such newly constituted Panchayat Samiti or Samitis, as the case may be, and such members shall, from amongst themselves elect its Chairman and Deputy Chairman as provided under sections 67 and 68, respectively, of this Act ;
   • (c) on constitution of the new Panchayat Samiti or Samitis under clause (a), the State Government shall, by order published in the Official Gazette, provide for the transfer, in whole

or in part, of the rights and liabilities of the existing Panchayat Samiti or Samitis to the newly

constituted successor Panchayat Samiti or Samitis, as the case may be, and the terms and conditions of such transfer; and such other incidental, consequential and supplementary matters as may be necessary to give effect to the notification issued under section 256 ; and

1. (d) all the relevant provisions of this Act in respect of the Panchayat Samitis shall apply to such newly constituted Panchayat Samiti or Samitis.

1. (2) The term of the newly constituted Panchayat Samiti and its members shall be co-terminus

with that of the existing Panchayat Samiti by the division of which the new Panchayat Samiti has

been constituted.]