Amendment status not verified — confirm the current text below against the official source.
Casual vacancies in office of Chairman and Deputy Chairman to be filled up.— (1) In the event of a vacancy in the office of the Chairman or Deputy Chairman by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of sections 64 and 73, be filled as conveniently as may be by election of a new Chairman or Deputy Chairman 4[, who shall hold office only so long as the person in whose place he is elected would have held it, had the vacancy not occurred] : Provided that, if for any reason the offices of the Chairman and Deputy Chairman become vacant simultaneously, the Chairman of a Subjects Committee chosen by lot drawn by the Chief Executive Officer in such manner as he deemes fit shall, pending the election of the Chairman, exercise the powers and perform the duties of the Chairman : 5[Provided further that, such Chairman shall not, by virtue of the provisions of the first proviso, be a member of the Zilla Parishad.] 6[(2) Where on account of any of the reasons aforesaid, the offices of the Chairman and Deputy Chairman or the office of either of them becomes vacant, the provisions of section 67, or as the case may be, section 68 shall be applicable, so far as may be, to the calling of the meeting and the procedure to be followed at such meeting for the election of the Chairman or the Deputy Chairman or of both.] 7[75A. Penalty for refusal to hand over charge to new Chairman or Deputy Chairman.— (1) On the election of a new Chairman or Deputy Chairman, the outgoing Chairman in whose place the new Chairman is elected shall 8[in cases falling under sub-section (1) of section 75, hand over charge forthwith and in any other case, shall] hand over charge of his office to the new Chairman as soon as possible after the first meeting of the Parishad referred to in sub-section (2) of 1 Sub-section (7) was substituted by Mah. 9 of 1994, s. 3(2). 2 These words were substituted for the words “six months” by Mah. 16 of 2001, s. 4. 3 These words were substituted for the words “tender an explanation” by Mah. 43 of 1962, s. 11. 4 This portion was inserted by Mah. 34 of 1997, s. 9. 5 This proviso was inserted by Mah. 21 of 1994, s. 65. 6 Sub-section (2) was substituted for the original by Mah. 6 of 1975, s. 19. 7 Section 75A was inserted by Mah. 35 of 1963, s. 29. 8 These words, brackets and figures were inserted by Mah. 43 of 1964, s. 13. 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 67 Samitis Act, 1961 section 67 and the Deputy Chairman shall forthwith hand over charge of his office to such new Deputy Chairman. (2) If the outgoing Chairman or Deputy Chairman fails or refuses to hand over charge of his office as required by sub-section (1), the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the Chairman or the Deputy Chairman, as the case may be, to forthwith hand over charge of his office and all papers and property of the Panchayat Samiti, if any, in his possession as such Chairman or Deputy Chairman, to the new Chairman or Deputy Chairman. (3) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, the State Government may take steps to recover all papers and property of the Panchayat Samiti, if any, in the possession of such Chairman or Deputy Chairman and for that purpose the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the 1Code of Criminal Procedure, 1898 (V of 1898). The papers and property so recovered shall be handed over to the new Chairman or the Deputy Chairman, as the case may be. (4) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, otherwise than for reasons beyond his control, he shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.] 2[75B. Power of State Government to authorise officer to exercise powers and perform duties, when offices of all presiding officers are vacant simultaneously.— Where for any reason, at any time, the offices of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas under section 77A become vacant simultaneously, then notwithstanding anything contained in this Act or the rules made thereunder, pending the election of the new Chairman or the Deputy Chairman, the State Government may, by order published in the Official Gazette, authorise the Chief Executive Officer or such other officer as may be specified by it in that behalf,— (a) to exercise all the powers and to perform all the duties of the Panchayat Samiti and the Committee of Sarpanchas, including those of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas, to the exclusion of the members; or (b) to exercise all the powers and perform all the duties of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas.] 3* * * *