The Maharashtra Village Panchayats (Temporary Postponement of Certain Elections Due to Flood Conditions in the State) Act, 1989 Complete Act - Bare Act

First published, after having received the assent of the Governor, in the "Maharashtra Government Gazette" on the 2nd November, 1989.

An Act to provide for temporary postponement of elections to certain village panchayats.

WHEREAS under section 27 of the Village panchayats Act, 1958, the term of office of the members of a Panchayat is for a period of five years, which term can be extended for a further period of six months only after consultation with the Standing Committee of the Zilia Parishad;

AND WHEREAS the elections of members of 11,000 Panchayats, out of 19,500 Panchayats, whose elections are due in 29 districts in the State have already been held since the month of April, 1988

AND WHEREAS under section 11 of the said Act, the elections of members of the remaining Panchayats were required to be held on such date as the Collector may appoint in this behalf and in the manner as prescribed by rules

AND WHEREAS because of the widespread damage caused by the recent torrential rains, heavy floods and high velocity winds in the various parts of the State, the Collectors of the Districts and their staff who were necessary for holding the elections of the remaining Panchayats were required to direct all efforts towards the relief and rehabilitation work, it was not practicable to withdraw the services of such officers and the staff who were fully engaged in the said work;

AND WHEREAS it would have been inconvenient also to people in general to have such elections held during the critical period as there was possibility that some of the voters might have been rehabilitated away from their normal place of residence and this migration might have ultimately deprived them of their right of franchise;

AND WHEREAS for these reasons it was expedient to temporarily postpone general elections of the remaining Panchayats for a certain period

AND WHEREAS in consequence of such postponement, it was necessary to extend suitably the term of office of the existing members of certain Panchayats and Administrators of certain other Panchayats;

AND WHEREAS both Houses of the State Legislature were not in session

AND WHEREAS the Governor or Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to provide for the temporary postponement of the elections to certain Panchayats and consequent extension of office of members and Administrators as aforesaid and also for matters connected therewith; and; therefore, promulgated the Maharashtra Village Panchayats (Temporary Postponement of certain Elections due to flood conditions in the State) Ordinance. 1989, on the 14th September. 1989

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted in the Fortieth Year of the Republic of India as follows:

(1) This Act may be called the Maharashtra Village Panchayats (Temporary Postponement of certain Elections due to flood conditions in the State) Act, 1989.

(2) It shall be deemed to have come into force on the 14th September, 1989.

(3) It shall remain in operation up to, and inclusive of the 1 Oct, 1992 or such earlier date as the State Government may, 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 had been repealed by a Maharashtra Act.

In this Act, unless the context otherwise requires,-

(a) "Administrator" means an Administrator appointed under clause (b) of sub-section (1) of sections 159 and 160 of the Panchayats Act, and includes any person appointed under clause (b) of sub section (2) of section 145 or clause (a) of sub-section (1) of section 151 of that Act

(a) during the period from the date of commencement of this Act, up to and inclusive of the 31st day of Oct. 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.

(b) the term of office (including any extended term of office) of the members (whether elected of 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 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 Panchayat, 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 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 and perform all duties and functions of the panchayat, member or Administrator, as the case may be.

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

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 purpose of removing the difficulty.

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

(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.