State Act

The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

260. Power of State Government to dissolve 2** 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 3[willfully disregards any instructions given or directions issued by the State Government under sub-section (1) of section 261 or] any instructions issued by competent authorities arising 4[out of audit of accounts under the Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930)] or inspection of the office and work thereof, the State Government may, after giving the Zilla Parishad an apportunity of rendering an explanation, by order published, with the reasons therefor, in the Official Gazette— (i) dissolve such Zilla Parishad 5* * 6* * * * * (2) When a Zilla Parishad is so dessolved 7* *, 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, 8* * 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 9* *, 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 10**, 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 a committee or sub-committee ; (e) when more than one person 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 1** shall be held under the provisions of this Act or the rules made thereunder. 2* * * * * 3* * * * * (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.