The Maharashtra Zilla Parishads and Panchayat Samitis Temporary Postponement of Elections Act, 2024

(1) This Act may be called the Maharashtra Zilla Parishads and Panachayat Samitis 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 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.

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 and Panchayat Samitis Act, 1961; (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.

(1) Notwithstanding anything contained in the Zilla Parishads Act or the rules made thereunder or in any judgment, decree or order of any Court,— (a) no election to the offices of the President, Vice-President and the Chairmen of the Subjects Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen of the Panchayat Samitis, after expiry of two and half years, during the current term of such Zilla Pariashad or Panchayat Samiti, as the case may be, shall be held for a period of ninety days from the date of coming into force of this Act, or till 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 ”) ; (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 sub-section (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.

All the Presidents, Vice-Presidents and Chairmen of the Subjects Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen of the Panchayat Samitis, whose term of offices are deemed to have been extended or are extended, as the case may be, under section 3 shall, throughout the extended period, be deemed to have been and be competent to exercise all the powers, perform all the duties and discharge all the functions as such President, Vice-President and Chairmen of the Subjects Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen of the Panchayat Samitis; and no act done by any of them during said period shall be invalid, or shall be called in question in any Court, merely on the ground that during such extended period, the President, Vice-President and Chairmen of the Subjects Committees of the Zilla Parishads and the Chairmen and Deputy Chairmen of the Panchayat Samitis, could not exercise 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.

Notwithstanding anything contained in this Act, arrangements shall be made by the Collectors and other officers concerned to hold 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, in accordance with the provisions of the Zilla Parishads Act and the rules made thereunder, before, or as soon as possible, after the expiration of the extended term of office 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.

(1) If any difficulty arises in giving effect to the provisions of this Act or by reason of anything contained therein, or in giving effect to the Zilla 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.

For the removal of doubt, it is hereby declared that, nothing 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.

(1) The Maharashtra Zilla Parishads and Panchayat Samitis temporary Postponement of Elections (of the President, Vice-President and Chairmen of the Subjects Committess of certain Zilla Parishads and the 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.