State Act

The Maharashtra Village Panchayats Act.

160. Effect of division of village.— (1) Where any local area comprised within the limits of a village ceases to be a village and is 2[specified as constituting two or more villages under section 4 with effect from the date on which they are so specified] (hereinafter in this section referred to as “the said date”), the following consequences shall ensue, that is to say,— (a) the panchayat constituted in respect of such local area 3[shall be deemed to have been dissolved and shall cease] to exist and all the members of the panchayat shall vacate office : 4[Provided that, where any local area comprised within the limits of a village is excluded from the local area of such village and declared as a separate village solely for rehabilitation of the project affected persons, without in any way affecting or resulting in more than ten per cent. migration of the population of such existing village to the newly declared village, then in such a case, notwithstanding anything contained in this clause or in any other law for the time being in force, such exclusion of the local area and the consequential alteration of the limits of the existing village shall not be deemed to be alteration of the limits of such village as envisaged by sub-section (2) of section 4 and sub-section (1) of section 160, and the existing panchayat of such affected existing village shall not be deemed to have been dissolved as provided in this clause, and all the members of the panchayat shall continue to be the members of such panchayat for the remainder of their term ;] (b) until panchayats are constituted for the new villages, the State Government shall appoint an administrator or administrators to exercise the powers and perform the functions of the panchayat for each of the new villages ; (c) the unexpended balance of the village fund and all the property (including arrears of rates, taxes and fees) belonging to such panchayat shall vest in the new panchayat in such proportion and in such manner as the State Government may direct ; (d) the officers and servants of such panchayat shall be allocated by the State Government to the panchayats in such manner as the State Government may direct ; (e) subject to clauses (a) to (d) the provisions of section 159 shall mutatis mutandis apply to the administrator or administrators of the new panchayats and their members ; 1[* * * * * *] (2) 2[Before expiration of a period of six months from] the said date the panchayats for the new village shall be constituted in accordance with the provisions of this Act. 3[* * * * * *]