Bare ActsThe Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Section 267

6[District Magistrate’s] power of suspending execution of orders, etc

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6[District Magistrate’s] power of suspending execution of orders, etc., of Zilla Parishad, Panchayat Samiti, etc.— (1) If, in the opinion of the 7[District Magistrate], the execution of any order or resolution of a Zilla Parishad 8[or any of its Committees or a Panchayat Samiti] or the doing of anything which is about to be done, or is being done, by or on behalf of a Zilla Parishad 9[or its Committee] or a Panchayat Samiti, is causing or is likely to cause, injury or annoyance to the public, or to lead to a breach of the peace 10* * *, he may by order in writing, under his signature, suspend the execution or prohibit the doing thereof. (2) When a 11[District Magistrate] makes any order under sub-section (1), he shall forthwith forward to the Commissioner and to the Zilla Parishad or the Panchayat Samiti affected thereby a copy of the order, with a statement of the reasons for making it, and it shall be in the discretion of the 1 These words and brackets were substituted for the words “The Commissioner may” by Mah. 35 of 1963, s. 69. 2 These words were added by Mah. 6 of 1975, s. 45(c). 3 These words were inserted by Mah. 6 of 1975, s. 45(a). 4 These words were substituted for the words “Commissioner may direct” by Mah. 43 of 1967, s. 12. 5 These words were added by Mah. 6 of 1975, s. 45(b). 6 These words were substituted for the word “Collector’s” by Mah. 35 of 1963, s. 70(3). 7 These words were substituted for the word “Collector” by Mah. 35 of 1963, s. 70(1)(a). 8 These words were inserted by Mah. 35 of 1963, s. 70(1)(b). 9 These words were inserted by Mah. 35 of 1963, s. 70(1)(b). 10 The words “or is unlawful” were deleted by Mah. 35 of 1963, s. 70(1)(c). 11 These words were substituted for the word “Collector” by Mah. 35 of 1963, s. 70(2). 144 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 Commissioner to rescind the order or direct that it shall continue in force with or without modification, permanently or for such period as he thinks fit. (3) The Commissioner shall forthwith submit to the State Government a report of every case occurring under this sections, and the State Government may pass such order in the case as it deems fit. 1[267A. Commissioner’s power of suspending execution of unlawful order or resolution of Zilla Parishad or Panchayat Samiti, etc.— (1) If the Commissioner is satisfied that it is necessary in the public interest so to do, he may by order in writing under his signature suspend the execution of any order or resolution, or prohibit the doing of any act, by a Zilla Parishad, or its Committee or Panchayat Samiti which, in his opinion, is unlawful; and it shall be the duty of the Zilla Parishad or its Committee or the Panchayat Samiti, as the case may be, to comply with such order. (2) If, in the opinion of the Commissioner, the execution of any order or resolution of a Zilla Parishad or its Committee or Panchayat Samiti or the doing of anything by a Zilla Parishad or its Committee or Panchayat Samiti’s inconsistent, with the instructions or directions given or issued under sub-section (1) of section 261, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof and it shall be the duty of the Zilla Parishad or its Committee or Panchayat Samiti, as the case may be, to comply with the order of the Commissioner.]

Section 267 – The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 | DailyLaw.ai