Bare ActsThe Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Section 256

Power of State Government to alter boundary of Block

Amendment status not verified — confirm the current text below against the official source.

Power of State Government to alter boundary of Block.— (1) The State Government may, by notification in the Official Gazette,— (a) include in any Block, any area in the vicinity thereof ; or (b) exclude from any Block, any local area comprised therein ; or (c) amalgamate two or more Blocks, and constitute one Block in their place ; or (d) divide a Block or Blocks, and constitute two or more Blocks in its or their place ; or (e) otherwise alter or revise the limits of a Block. (2) Every such notification shall define the limits of the local area which is intended to be included in, or excluded from, a Block, or of the areas of the Blocks intended to be amalgamated into one, or of the area of each of the Blocks intended to be constituted after splitting up an existing Block, as the case may be. 1[(3) A notification issued by the State Government as aforesaid shall be laid before each House of the State Legislature as soon as possible after it is issued.] 2[257. Power of State Government to make suitable provision by order when Block is altered.— Where during the term of office of members of any Panchayat Samiti, a notification under sub-section (1) of section 256 is issued altering in any manner the boundaries of any Block, the State Government shall, by order published in the Official Gazette, provide for all or any of the following matters, that is to say— (i) in a case where any area is included within any Block, the interim increase in the number of members by appointment of additional members by the State Government until the normal term of the existing members expires ; (ii) in a case where any area is excluded from any Block, the removal of members, who in the opinion of the State Government represent the area excluded from the Block ; (iii)in a case where two or more Blocks are amalgamated into one Block, the constitution of an interim Panchayat Samiti consisting of such number of members appointed by the State Government as the State Government may determine, until the successor Panchayat Samiti is in due course constituted under this Act ; (iv) in a case where any Block or Blocks are divided into two or more Blocks, the appointment of an administrator or administrators to exercise powers and to perform the duties and the functions of the successor Panchayat Samitis until such Panchayat Samitis are in due course constituted under the Act ; 1 Sub-section (3) was substituted for the original by Mah. 7 of 1967, s. 9. 2 Section 257 was substituted by Mah. 46 of 1969, s. 6. 140 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 (v) the area in respect of which the reconstituted Panchayat Samiti shall function and operate ; (vi) the transfer in whole or in part of the rights and liabilities of the existing Panchayat Samiti to any successor Panchayat Samitis or the State Government and the terms and conditions of such transfer ; (vii) such incidental, consequential and supplementary matters as may be necessary to give effect to any notification issued under section 256.] 1[257A. Division of Block or Blocks and its consequences.— (1) Where during the term of office of the members of any existing Panchayat Samiti, a notification is issued by the State Government under clause (d) of sub-section (1) of section 256 read with section 5, dividing a Block or Blocks and constituting two or more Blocks in its or their place, and consequent upon constitution of such new Block or Blocks, as the case may be, as provided under clause (ii) of section 257, the members of the existing Panchayat Samiti or Samitis representing the excluded area or areas are required to be removed, and a new Panchayat Samiti or Samitis, as the case may be, as provided under section 56 are required to be constituted, in such a case, notwithstanding anything contained in section 257 or any other provisions of this Act,— (a) the area or areas so excluded by notification under clause (d) of sub-section (1) of section 256, from the existing Block or Blocks, as the case may be, and notified as constituting a new Block or Blocks, shall be deemed to have been constituted as a new Panchayat Samiti or Samitis, for such Block or Blocks, under section 56 ; (b) the members so removed under clause (ii) of section 257 representing the area or areas excluded from the existing Block or Blocks shall be deemed to be the elected members of such newly constituted Panchayat Samiti or Samitis, as the case may be, and such members shall, from amongst themselves elect its Chairman and Deputy Chairman as provided under sections 67 and 68, respectively, of this Act ; (c) on constitution of the new Panchayat Samiti or Samitis under clause (a), the State Government shall, by order published in the Official Gazette, provide for the transfer, in whole or in part, of the rights and liabilities of the existing Panchayat Samiti or Samitis to the newly constituted successor Panchayat Samiti or Samitis, as the case may be, and the terms and conditions of such transfer; and such other incidental, consequential and supplementary matters as may be necessary to give effect to the notification issued under section 256 ; and (d) all the relevant provisions of this Act in respect of the Panchayat Samitis shall apply to such newly constituted Panchayat Samiti or Samitis. (2) The term of the newly constituted Panchayat Samiti and its members shall be co-terminus with that of the existing Panchayat Samiti by the division of which the new Panchayat Samiti has been constituted.] CHAPTER XVI CONTROL

Section 256 – The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 | DailyLaw.ai