Section 255 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
255. [ Power of State Government to make suitable provision by order when a District is altered. [Sections 255 and 255A were substituted for section 255 by Maharashtra 46 of 1969, Section 5.]
(1)In this section, unless the context otherwise requires,-(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;(b)"Municipal Council" means a Municipal Council constituted or deemed to be constituted under the [Maharashtra Municipalities Act, 1965;](c)"specified day" means the day from which the boundaries of a District are altered under section 254;(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.(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;(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 Subject Committees or other Committees appointed, if any, until the Zilla Panshads are in due course constituted under this Act;] [Clause (iv) was substituted for the original by Maharashtra 6 of 1986, section 3.](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 authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it;(viii)[* * * *] [Clause (viii) was deleted by Maharashtra 26 of 1982, Section 2(a).](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;(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;(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;(xii)the removal of any difficulty which may arise on account of any change referred to in clauses (a) to (d).(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.(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, if in its opinion, it is necessary to do so on the ground that the order made is casuing or is likely to cause, under hardship or greater hardship to any such employee or employees or on the overriding ground of administrative convenience.(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.](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 assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of the transferee.(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 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.(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.
