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1
RNI No. MAHENG/2009/35528

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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,
2016;  for  the  purposes  hereinafter  appearing;  and,  therefore,  promulgated
the Maharashtra Settlement of Arrears in Disputes (Amendment) Ordinance,
2016,  on  the  17th  September  2016,  the  Maharashtra  Settlement  of  Arrears
in  Disputes  (Second  Amendment)  Ordinance,  2016,  on  the  30th  September
2016  and  the  Maharashtra  Settlement  of  Arrears  in  Disputes  (Third
Amendment) Ordinance, 2016, on the 17th November 2016;

¦ÉÉMÉ  +É`ö--10-----1

(1)

Mah. XVI
of 2016.
Mah. Ord.
XXIII of
2016.
Mah. Ord.
XXIV of
2016.
Mah. Ord.
XXVII of
2016.

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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.

Amendment
of section 2 of
Mah. XVI of
2016.

Amendment
of section 4 of
Mah. XVI of
2016.

Amendment
of section 5 of
Mah. XVI of
2016.

Amendment
of section 6 of
Mah. XVI of
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.

2.

In  section  2  of  the  Maharashtra  Settlement  of  Arrears  in  Disputes
Act, 2016 (hereinafter referred to as “the principal Act”), in sub-section (1),—

Mah.
XVI of
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.

3.

In  section  4  of  the  principal  Act,  for  sub-section  (1),  the  following

sub-section  shall  be  substituted,  namely:—

“(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.”.

4.

In  section  5  of  the  principal  Act,  for  the  figures,  letters  and  word
“30th  September 2016” the figures, letters and word  “30th November 2016”
shall  be  substituted.

5.

In  section  6  of  the  principal  Act,—

(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

words “the amount” shall be  substituted ;

(3) in  sub-section (4),  for  the  words  “under  the  relevant  Act,  the
part  payment”  the  words  “under  the  relevant  Act,  the  payment  of  any
amount made after the statutory order but before filing of the appeal or
the amount of part payment” shall be substituted.

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6.

(1)  The  Maharashtra  Settlement  of  Arrears  in  Disputes
(Amendment)  Ordinance,  2016,  the  Maharashtra  Settlement  of  Arrears  in
Disputes  (Second  Amendment)  Ordinance,  2016  and  the  Maharashtra
Settlement of Arrears in Disputes (Third Amendment) Ordinance, 2016 are
hereby  repealed.

Repeal of
Mah. Ord.
XXIII of 2016,
Mah. Ord.
XXIV of 2016
and Mah. Ord.
XXVII of 2016
and saving.

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken
(including  any  notification  or  order  issued)  under  the  corresponding
provisions of the principal Act, as amended by the said Ordinances, shall be
deemed  to  have  been  done,  taken  or  issued,  as  the  case  may  be,  under  the
corresponding  provisions  of  the  principal  Act,  as  amended  by  this  Act.

Mah.
Ord.
XXIII of
2016.

Mah.
Ord.
XXIV of
2016.

Mah.
Ord.
XXVII of
2016.

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.