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State of Maharashtra - Section

Section 269 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

269. Power of State Government to dissolve [* * *] [The words 'or supersede' were deleted by Maharashtra 21 of 1994, 77(5).] Panchayat Samiti for incompetency, default or abuse of power.

(1)If, in the opinion of the State Government, a Panchayat Samiti exceeds or abuses its power or is not competent to perform, or makes persistent defaults in the performance of, the duties imposed on it by or under this Act, or otherwise by law or [willfully disregards any instructions given or directions issued by the State Government under sub-section (1) of section 261 or] [These words were substituted for the words 'willfully disregard' by Maharashtra 35 of 1963, Section 72.] any instructions issued by competent authority arising out of the audit of accounts of the Panchayat Samiti or inspection of the office and work thereof the State Government may, after giving the Panchayat Samiti an opportunity to render explanation, by an order published, with the reasons therefore, in the Official Gazette -
(i)dissolve such Panchayat Samiti, [* * *] [The word 'or' was deleted by Maharashtra 21 of 1994, Section 77(1)(a).]
(ii)[* * *] [Clause (ii) was deleted by Maharashtra 21 of 1994, Section 77(i)(b).]
(2)When the Panchayat Samiti is so dissolved [* * *] [The words 'or supersession' were deleted by Maharashtra 21 of 1994, Section 77(2)(a).] the following consequences shall ensue, that is to say: -
(a)all members of the Panchayat Samiti, in case of dissolution, as from the date [***] [The words 'in case of supersession as from the date of the order of supersession, and' were deleted by Maharashtra 71 of 1994, Section 77(2)(b).] specified in the order of dissolution, vacate their office as such members;
(b)all powers and duties of the Panchayat Samiti during the period of dissolution or supersession, be exercised and performed by such person or persons as the State Government from time to time appoints in this behalf;
(c)all property in the possession of the Panchayat Samiti shall, during the period of dissolution [* *,] [The words 'or supersession' were deleted by Maharashtra 21 of 1994, Section 77(2)(c).] be held by the State Government;
(d)the person or persons appointed under clause (b) may delegate his or their powers and duties to an individual or to a committee or sub-committee.
(3)On the issue of an order of dissolution under sub-section (1), elections of the members shall be held under the provisions of this Act or the rules made thereunder [* * *] [The position beginning with the words 'on or before' and ending with the words 'in that order' was deleted by Maharashtra 21 of 1994, Section 77(3).]
(4)[* * *] [Sub sections (4) and (5) were deleted by Maharashtra 21 of 1994, Section 77(4).]
(5)[* * * *] [Sub sections (4) and (5) were deleted by Maharashtra 21 of 1994, Section 77(4).]
(6)Every order made under sub section (1) shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after it is made.