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State of Maharashtra - Section

Section 260 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

260. Power of State Government to dissolve [**] [The words 'or supersede' were deleted by Maharashtra 21 of 1968, 76(5).] Zilla Parishad and consequential provisions.

(1)If, in the opinion of the State Government, a Zilla Parishad exceeds or abuses its powers, or is not competent to perform, or makes persistent default in the performance of, the duties imposed on it by or under this Act or under any other law for the time being in force, or [wi11fully 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 'wilfully disregards' by Maharashtra 55 of 1963, Section 67(a).] any instructions issued by competent authorities arising [out of audit of accounts under the Bombay Local Audit Act, 1930] [These words were substituted for the words 'out of audit of accounts of the parishad', by Maharashtra 55 of 1963, Section 67(b).] or inspection of the office and work thereof, the State Government may, after giving the Zilla Parishad an opportunity of rendering an explanation, by order published, with the reasons therefore, in the Official Gazette-
(i)dissolve such Zilla Parishad [*] [The words 'or' was deleted by Maharashtra 21 of 1994 Section 76(1)(a).]
[* * * * *] [Clause (ii) was deleted by Maharashtra 21 of 1994, Section 76(1)(b).]
(2)When a Zilla Parishad is so dissolved [**] [The words 'or superseded' were deleted by Maharashtra 71 of 1994, Section 76(2)(a).], the following consequences shall ensue, that is to say-
(a)all Councillors and members of Panchayat Samitis, the Standing Committee, Subjects Committees or other Committees, if any, shall, in case of dissolution, as from the date specified in the order of dissolution, [**] [The words 'and in the case of supersession, as from the date of the order of supersessions' were deleted by Maharashtra 21 of 1994, Section 76(2)(b).] vacate their offices as such Councillors or members;
(b)all powers and duties of the Zilla Parishad, the Panchayat Samiti, the Standing Committee or Subjects Committees or other Committees shall, during the period of dissolution [* *] [The words 'or supersession' were deleted by Maharashtra 21 of 1994, Section 76(2)(c).], be exercised and performed by such person or persons as the State Government from time to time appoints in that behalf;
(c)all property vested in the Zilla Parishad shall, during the period of dissolution [* *] [The words 'or supersession' were deleted by Maharashtra 21 of 1994, Section 76(2)(d).], vest in 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 committee or sub-committee;
(e)when more than one persons are appointed under clause (b), they may sue or be sued by any one of them who has been duly authorised to sue and be sued on behalf of the rest by a resolution duly passed by them in this behalf:
(3)On the issue of an order of dissolution under sub-section (1), elections of Councillors [*] [The words 'and Members of Panchayat Samiti' were deleted by Maharashtra 21 of 1994, Section 76(3)(a).] shall be held under the provisions of this Act or the rules made thereunder [* * * * *] [The portion beginning with the words 'on or before' and ending with the words 'aforesaid order' was deleted by Maharashtra 21 of 1994, Section 76(3)(b).]
(4)[* * * *] [Sub-sections (4) and (5) were deleted by Maharashtra 21 of 1994, Section 76(4).]
(5)[ * * * * *] [Sub-sections (4) and (5) were deleted by Maharashtra 21 of 1994, Section 76(4).]
(6)Every order issued 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 issued.