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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Settlement of Arrears in Disputes (Amendment) Act, 2016 (Mah. Act No. IV of 2017) is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra,
PRAKASH H. MALI,
Principal Secretary to Government, Law and Judiciary Department. —————————— MAHARASHTRA ACT No. IV OF 2017.
(First published, after having received the assent of the Governor in the
" Maharashtra Government Gazette ", on the 11th January 2017). An Act to amend the Maharashtra Settlement of Arrears in Disputes Act,
2016.
Whereas, both Houses of the State Legislature were not in session ; And Whereas, the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to amend the Maharashtra Settlement of Arrears in Disputes Act, Mah. XVI
of 2016. 2016; for the purposes hereinafter appearing; and, therefore, promulgated Mah. Ord. the Maharashtra Settlement of Arrears in Disputes (Amendment) Ordinance, XXIII of
2016, on the 17th September 2016, the Maharashtra Settlement of Arrears
2016.
Mah. Ord. in Disputes (Second Amendment) Ordinance, 2016, on the 30th September XXIV of 2016 and the Maharashtra Settlement of Arrears in Disputes (Third
2016.
Mah. Ord. Amendment) Ordinance, 2016, on the 17th November 2016; XXVII of
2016.
¦ÉÉMÉ +É`ö--10-----1
(1)
2 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É ö̀, VÉÉxÉä́ ÉÉ®úÒ 11, 2017/{ÉÉè¹É 21, ¶ÉEòä 1938 And Whereas it is expedient to replace the said Ordinances by an Act of the State Legislature; it is hereby enacted in the Sixty-seventh Year of the
Republic of India as follows :—
Short title and
commencement. 1. (1) This Act may be called the Maharashtra Settlement of Arrears
in Disputes (Amendment) Act, 2016.
(2) (i) Section 1, clause (i) of section 2 and section 5 shall be deemed to
have been come into force with effect from the 26th April 2016;
(ii) clause (ii) of section 2, sections 3 and 4 shall be deemed to have been come into force with effect from the 30th September 2016. Amendment
2. In section 2 of the Maharashtra Settlement of Arrears in Disputes
Mah. of section 2 of Mah. XVI of Act, 2016 (hereinafter referred to as "the principal Act"), in sub-section (1),—
X
VI of
2016.
2016.
(i) in clause (2), for the words "and stay in full or part has been granted by the appellate authority under the relevant Act or, as the case may be, by", the words "before the appellate authority under the relevant Act or" shall be substituted; and
(ii) in clause (2), as so amended by sub-clause (i) above, for the figures, letters and word "30th September 2016" the figures, letters and word
"30th November 2016" shall be substituted.
Amendment
3. In section 4 of the principal Act, for sub-section (1), the following of section 4 of
Mah. XVI of sub-section shall be substituted, namely:—
2016.
"(1) The applicant who desires to settle the arrears in dispute shall submit the application to the designated authority, upto the 30th November 2016 in such form and in such manner, as may be prescribed :
Provided that, the proof of payment of the requisite amount determined as per sub-section (1) or (2) of section 6 of this Act shall be submitted on or before the date prescribed in this behalf.".
Amendment
4. In section 5 of the principal Act, for the figures, letters and word of section 5 of
Mah. XVI of "30th September 2016" the figures, letters and word "30th November 2016"
2016.
shall be substituted. Amendment
of section 6 of 5. In section 6 of the principal Act,— Mah. XVI of
2016. (1) in sub-section (1), in TABLE-1, in column (2),—
(i) at serial number (i), for the words "part payment" the word
"amount" shall be substituted ;
(ii) at serial number (ii), for the words "part payment" the words "the amount" shall be substituted ;
(2) in sub-section (2), in TABLE-2, in column (2),—
(i) at serial number (i), for the words ''part payment" the word
"amount" shall be substituted ;
(ii) at serial number (ii), for the words "part payment" the
2
¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É ö̀, VÉÉxÉä́ ÉÉ®úÒ 11, 2017/{ÉÉè¹É 21, ¶ÉEòä 1938 3 Mah.
6. (1) The Maharashtra Settlement of Arrears in Disputes
Repeal of Ord.
XXIII of (Amendment) Ordinance, 2016, the Maharashtra Settlement of Arrears in
M
ah. Ord. XXIII of 2016, 2016. Disputes (Second Amendment) Ordinance, 2016 and the Maharashtra
Mah. Ord. Mah. Settlement of Arrears in Disputes (Third Amendment) Ordinance, 2016 are
X
XIV of 2016 and Mah. Ord. Ord.
hereby repealed.
XXVII of 2016 XXIV of and saving.
2016.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding Mah.
provisions of the principal Act, as amended by the said Ordinances, shall be Ord.
deemed to have been done, taken or issued, as the case may be, under the XXVII of
2016. corresponding provisions of the principal Act, as amended by this Act.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH
GOSAVI.
3