Powers Of Divisional Commissioners In Maharashtra State 72m64
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A Compilation of Powers delegated to Divisional Commissioner
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Yashwantrao Chavan Academy of Development istration, Raj Bhavan Complex, Baner Road, Pune 411 007, India
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ROLL OF THE DIVISIONAL COMMISSIONER Information regarding the powers exercised by the Commissioner under various Acts / Rules & Govt. orders. Establishment Sr. No.
Name of the Acts/ Rules & Govt. Orders Under which The powers are given
1
Maharashtra Civil Service (Discipline & Appeal )Rules 1975
2
Maharashtra Civil Services Rules,1981
Section or Rule No.
-
229
Brief description of The powers
Whether this Powers is exercised as commissioner designation
To taken disciplinary action Against the Govt . servants & To decide the appeals filed under Rule 17,19 of the said Rules.
Yes, as Commissioner
1.) To take disciplinary action against the Govt. servants & to decide the appeals filed under Rule 17,19 of the said rules. 2.) Gtrant of leave to class II officers (up to 120 days) 3.) Transfer of class I & II officers & allotment of NT to Districts. 4.) Allotments of Probationary Tahsildars & Dy. Collectors. 5.)Grant of Efficiency Bar in the pay scales of Tahsildars & Dy. Collectors.
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Maharashtra Land Revenue Code and Rules there under. Sr. No.
Name of the Acts/ Rules & Govt. Orders Under which The powers are given (1)
1
Maharashtra Land Revenue code, 1966. (i)M.L.R.(Disposal of Govt. Land)Rule,1971.
Section Brief description of The powers. or Rule No. Section Rule (2) A (2)B (3) 20 & 31
6
To accord sanction Dispensaries & other public works to Institution Local bodies etc. where Rev. free value of the land exceeds Rs. 10.000/- but does not exceed Rs.25.000/-
7
To accord sanction to lease out lands at a nominal rent of one rupee per year for playground or other recreational purposes to local bodies where Revenue free value of the land exceeds Rs.10.000/- but does not exceed Rs. 25.000/-.
26(2)
To accord sanction to dispose of building sites without auction where market price does not exceed Rs. 10.000/-.
27
To grant land to co-op Housing Societies where occupancy price of the land exceeds Rs.25.000/but does not exceed Rs.50.000/-
28
To accord sanction to the grant of building Sites without auction for residential use to freedom fighters. Serving of the armed forces, ex-servicemen & goldsmith where
Whether this Powers is exercised as commissioner or as any other Designation. (4)
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occupancy price of the land exceed Rs. 10.000/but does not exceed Rs.25.000/35
To renew leases of land where market value of the leased land does not exceed Rs.25.000/-
43
To accord sanction to regularize encroachment on Govt. land where market value of encroached land exceeds Rs.5000/- but does not exceed Rs. 10.000/To accord sanction to the sale of agricultural land held on new tenure & to regularize the unauthorized sale of such lands.
Govt. Reso. Rev.&F.Dept. No.LND1083/27925 CR.671 Date8/9/1983& Revenue Circular order Book NO. III ,Para 78 & 31 21(5)
Extinction of right of public in or over any public road, lane, path not required for use of public. Appellate power.
60(2)
To direct what orders shall be substituted for the provisions of which the operations of section 55 (relinquishment of land ) is suspended by Govt.
130
To accord sanction to the regulation made by the collector for fixation of correction fee to be charged for issue of fresh sanad on alteration of holding.
178(2)
To make order for issue of demand notices to defaulters & to fix the cost
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of the notice with the sanction of the state Govt. 185
To accord sanction to attach defaulters village & to take it under Management of collector.
241(2)
To accord sanction to rates of expenses of sale of defaulters movable property & to make orders therefore.
227
Power to summon persons to give evidence & to produce documents.
247
Appellate powers, to hear appeals against orders of collectors.
257
Revisional powers. To call for & examine records & proceedings underlying the decision of the collector. Review of orders.
258
330-A
1.)To exercise powers of the state Govt. U/S.15 for conferral of powers of Asstt. Or Dy. Collector or Tahsildar on any persons possessing the prescribed qualification. 2.) To exercise powers of the state Govt. under clause(V)&(vi)of sub.sec. (1)of section 4 so far as it relates to altering the limits of a village. 3.) To exercise powers of the state Govt. U/S.9-A to make appointments (including transfers ) of revenue officers below the rank of the Tahsildars and
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to transfer Asstt. Or Dy. Collectors & Tahsildars. INDIAN FORESTS ACT 1927 - On receipt of orders form Govt
4
a) To notify the decision to constitute any land as a reserved forest. b) To notify the situation & limits of such land. c) To notify the appointment of forest settlement officer to enquire in to & determine the rights of persons.
17
a)To notify appointment of officer of the Revenue Deptt. of rank not lower than that of a collector to hear appeals from orders ed by Forests settlement officer U/s. 11,12, 15 & 16. b)To empower any forest officer to make an appeal U/s ,17. c)To establish a court composed of three persons to hear appeals U/s. 17
20
To notify the limits of the forest which is to be reserved & declare the same to be reserved form the date fixed by the
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Role of the Divisional commissioner Information regarding the powers exercised by the commissioner under various Acts/Rules & Govt. orders. Sr. No.
Name of the Acts/Rules & Govt. orders the powers are given.
Section or Rule No.
Brief description of the powers.
1.
Manual of Financial power 1964
Sec 93
Refund of Revenue
2
Revf Forests Dept. Govt. Res. No. CLS/5983/166813 CR. 1016M3 Dt.20/5/85
Mongrel loans Act 1985
Grant of loans up to Rs. 20.000/- In respect of natural calamities.
Whether this power is exercised as commissioner and other designation As Commissioner As Commissioner
The commissioner has to exercise complete control over the scarcity is tuition of the Division & to see that there is proper co ordination among various officers so that proper utilization of funds & employment opportunities are provided. 3
GR. R & FD No. CLS-5985/248361 CR. 20 M3 dt.31/1/83
--
Gratuitous relief upto Rs.1000/- per family bringing the total amount of relief to Rs.2500/-per family.
Commissioner
4
GR R & FD No. LND -1071 / 32302 –H-IT 15/7/72
--
To accord istrative approval & financial sanction for acquisition of lands, for the purposes of extension of Gaothan, valued from Rs. 50.000/to Rs. 125000/- (in rural areas ) & up to Rs. 50.000/- (in urban area)
Commissioner
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ROLE OF THE DIVISIONAL COMMISSIONER Information regarding the powers exercised by the Commissioner under various Acts / Rules & Govt. orders. Sr. No
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
Whether this power is exercised as commissioner as any other designation
1.
Mah. General Provident fund Rupees
Under Sec. 15
ITEMS FOR NOTE Inrespect of Grant of non refundable advances to Class I, II,& III
Yes these Powers are exercised By commissioner -do-
2.
3.
4.
5.
6.
7.
8.
--- do ---
Under Sec. 14
Bombay financial Rules.
As per rule 142
Medical reimbursement
As per resolution public health Deptt. No.MAG/1081/49 07/PAH/9A dt.19/10/83
State Govt. Employees Group Insurance Scheme.
As per Manual Financial powers 1978
Mah.Budget Manual vol.I.
Mah. Civil Services (pension )Rules’82
Finance Deptt. Reso. No. DOI/2081/4701/A DM-5 dt.26/4/82 Vide 11(1)&11(2)
Refundable advance to Class II & Class I
-do-
Sanction of all kinds of temp. advances.
-do-
Sanction of Medical reimbursement claim of all categories of Govt. servants. -do-
Sanction of final with drawal of GIS Saving fund insurance fund to all categories of employees.
As a head of office head Deptt & Regional head. Power delegated various items in respect of office Rule No. 166 expenses, purchases, 164 vehicle repairs etc.
Rule
126
-do-
-do-
Distribution of Grants of all concerned -doHeads & Reappropriate Sub head to sub head
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within the same major head. -do9.
As per Bombay Civil Service Rules.
Old rule 599
Sanction of Provisional pension for 6 months period & sanction gratuity with noting 10 % or one thousand rupees. To countersign the TA Bills of class II & I officers of Commissionerate.
Sr. No.
1)
2)
3)
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
Delegation of Financial and istrative powers Govt. of Maharashtra Condemn Finance Government Deptt. Resolution No. Vehicles. Upto DFP/1080 CRRs.1.00 Lakh in 564/GEN.5Dated 29th May each case. 1984 Ordinary Government of Maharashtra maintenance revenue & Forests Deptt excluding Resolution running No.JPS/1082/CR.175/82 E.8 expenses on Dated 23rd june,1986 petrol, oil & disilled water etc. Major, Miner repairs excluding replacement of tyres & tubes. Per vehicle per annum Rs.12.000/Govt. of Maharashtra revenue and Forests Deptt. Petrol upto No.JSP/1085/CR.417/85 E8 35.000 Leters dt 2nd Dec. 85 per years.
Whether this power is exercised as commissioner as any other designation Yes, As Commission
Yes, As Commission
Yes, As Commission
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Inspection of revenue Officers 4) Govt. of Maharashtra revenue and Forests Deptt. Resolution No. INS – 1069/2527/T. Dated 1st Sept. 1071
5) Maharashtra Schedule commodities (Regulations and distributor order 1975
Paragraph 43 1)&2)of chapters 18 of istrative Reorganization Committee’s
1)All Collectors Withn a period of two years. 2)Two Prant officers per year. 3)Two Taluka offices per year.
Maha. Schedule Commodities Order 24
The dicide appeals under mah schedule Commodities Regulation Distribution order 1975
Yes, As Commission
Weights and Measures Section 1) Bombay Weights and Measures (Enf) Act 1958
शासनाचे अ न ् व नागर पुरवठा प रप क
मांक
डीएएमअके –अे-1098-604-2 $दनांक – 17-11-78 अ वये
As regional head of Deptt. for appointment Of class III and class IV servants in the region
Yes, As Commission
istrative and Financial power in respect of contingencies and G.P.F. with drawed etc.
For commissioner Division Nashik
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INFORMATION REGARDING THE POWERS EXERCISED BY THE COMMISSIONER UNDER VARIOUS AND GOVT. ORDERS.
1)
Maharashtra controller cloth (Regulation of Distribution )order 1975 dated 25th march 1975
Order 2 (I)
2.
The Rice Milling Industry (Rgd Act 1958 Dy. Secretary D.O.No RMS/1085/1389/84(188) dt.13/3/1987
To sanction the The Rice milling industry Rice milling (Regulation Act licenses 1956 us section 19(read with sec5)
3.
Maharashtra (Discipline & appeal ) rule 1975.
The sanction the licenses of new controlled cloth and yearly renewal of it to checked 10th shuns cancel suspending etc.
Commissioner have judicious powers to conduct the Divisional Deptt. enquiries of class II officers and class –I officer whose basic pay is less than Rs.1000/and conduct the appeal of classIII person sa per maha (discipline and appeal) Rule 1975)
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4.
Essential commodities Act. 1955
Sr. No.
1.
To decide the appeals under Essential commodities Act.1955
Thoufh of the Presen exerci Commis
Whether this power is exercised as commissioner as any other designation
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
The Bombay Tenancy & Agril. Lands Act 1948
76-A
Reference to made to the colln for revision where no apreal has been filed within the period presonibed.
2.
-
do –
63(1)
Proposals to be sent to Govt. for extension of neriod rule 36 (4)
3.
-
do –
88D(IV)
Revocation of certificate granted u/s 88c of the Act if the person exceeds an aoernonic holding
4.
The Maharashtra land Revenue code and terancy laws (Amendment Act 1974 )(Maharashtra No. xxxv ot 1974
36(3) of M.L.R.C. 1966
Appeal/Revisions application in cases in which inquiries u/s 36/(3) proviso were initiated by Revenus officer prior to be dealt with and decided specified in scheduled ‘E” of section 247 of M.L.R.C. 1966
5.
The Maharashtra Restoration of lands to
Sec7
Provisional powers
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scheduled tribes Act 1974 Act No. xIV of 1975 6.
The Bombay Prevention of fragmentation and consolidation of Holding Act 1957
Sec. 31 (B) Sec. 35
To call for and examine the record of any case pending before or disposed of by such officer and may such order
7.
Mah. Agricultural lands (ceiling on holdings ) Act.1961
Section 45-2
The Comm. may suemotet any time call for record of any enquiry u/s 17 to 21 for the purpose of satisfying itself as to the legality or propriety of any enquiry under those sections any such order therein after giving the party a reasonable opportunity and being heard provide period of 3 years from the date of such deliration has elapsed.
8.
-
do-
45-A
The Commn may, auo-not or an application made to him by an aggnieved persn call for the record of any inguiry under sec. 27 for the purpose of satisfying himself as to the legality of any inquiry and such order therean after giving the parties a reasonable apportunity of being heard. Period of one year from the date of the grant of land is made by the collr u/s 27 The apportionment of
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9.
-do-
25 (4)
10.
-do-
14 (3)
11.
Bombay Inferior villaga watans (Abolition) Act 1958
14 (3)
compensation if the Compensation excee ds twenty-five the usand rupees but net exceed fiftv thousand rupees, shall be determined without the previous approvl of Commissioner Where a person (or family unit) holds land in two or more districts of the sane Division the enquiry shall do held by the collr which the commr may by order in writing designate. The commr can grant per mission for sale of IVS inam land regraneed on new tenure as per Govt. circular dt. 16/5/85 on payment of 10 times the asstt of the land.
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Sr. No.
Name of the Act Rules & Govt. orders under which the power are given Maharashtra bills perished and panchayat Samitis Act.1961
Section or Brief Description of the powers rule No.
Section 197 (1)
To such orders, as he may deem fit, in cases where Zilla parishad has requested the concurrence of any other local authority under the provision of Section 110 but that local authority has refused to eon cur.
2.
-Do-
Section 197(1)
To direct, on enquiry, to stop the use of any place in the district used for the disposal of the deed if it is in such a state as to become injurious to health.
-do-
3.
-Do-
Section 211
To decides an sppeal made against the orders of the Zilla parishad issued under section 205, 206, 209, or 210 and his decision thereon is final.
-do-
4.
-Do-
Section 212
To decide an application made to him by the aggrieved person with Zilla parishad fails to grant a license under sub section (2) of section 205 within a period of two months from the date of receipt of Application for grant of licenses and his decision therefore is final.
-do-
5.
-Do-
Section 40 (2) (ii)
To decide a question if arises whether a vacancy has occurred in the office of (i) canceller
-do-
6.
-Do-
Section 62 (3)
Member of the pancheyat Samiti
-do-
7.
Maharashtra Billn Panchayat Samitis Act-1961
Section 82 (3)
And Member of standing committee and subject committee and his decision thereon is final.
-do-
8.
-do-
Section
To decide the dispute arising as
-do-
1.
Whether this power is exercised as commissioner as any other designation As Commissioner
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45(4)
to the validity of the election of a president or vice president of a Zilla perishad
Section 68(4)
And a chairman or Deputy Chairman of a panchayat Samiti
9.
-do-
Section 81(4)
To decide the dispute srising as to the validity of the election of any counciller under section 79 (Constitution of standing committee) or section 80 (constitution of subjects committee) including any question arising out of the acceptance or rejection of a nomination paper or any ground or whether or not councilor is an member of a Scheduled casted scheduled tribes or any specially or educationally backward class of citizen and his decision thereon is final.
10.
-do-
Section 100 (10)
To sanction the expenditure including any grant required to be incurred or spent by a Zilla parishad/panchayt samiti outside its areas of the act with the exceptions given in sections given in section 132 & 101 –A respectively.
-do-
-do-
Powers of the Commissioner No. 6
6
1 Maharashtra Zilla Parishad and panchayat Samitis 1961
2 Section 267 A(1)
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 267 A(2)
3 To suspend (i) the execution of unlawful order or a Zilla Parishad or its committee or a Panchayat Samiti or Prohibit the doing of any Act which is unlawful. And (ii) the execution or prohibit the doing of anything by a Zilla Parishad or its Committee or a Panchayat Samiti if it is in consistent with the instructions or disrections
4 As commissioner
As commissioner
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7
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 268(3)
8
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 272
9
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 282(2)
10
Maharashtra Zilla Parishad and panchayat Samitis 1961
10
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 110(3)
11
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 262
12
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 263
given or issued under Section 261(1) To confirm or modify the direction given by the Collector to the Zilla Parishad for the execution of any extraordinary work in case of emergency. To have and exercise the same authority and control over the Collectors in the matter connected with the Zilla Parishad Act as he has and exercises over them in the general and revenue istration. To such order as he may deem fit if one local suthority has not accepted the proposal of the other local authority or there is any difference of opinion between two local authorities. Powers and functions of the State Government under section 246 (vide Note under Sr.No.47 under the powers of the State Government.) To assign to the District Fund of each Zilla Parishad such portion of the net proceeds of a public ferry, read or bridge vested in one or morethan one Zilla Parishad, Partly falling in one District and partly in onother and both the Districts are in one Division. To call the meeting of a Zilla Parishad/Panchayat Samiti/Committes of the Zilla Parishad, if no meeting was held within the period prescribed by or under the Act. To enter and inspect, if so authorized by the State Govt.,any immoveable property of a Zilla Parishad or any development work or scheme in progress under it or cause it to be inspected, call forany extract from the proceedings of any Committee or any Panchayat Samiti or
As commissioner
As commissioner
As commissioner
As Commissioner
As commissioner
As Commissioner.
As commissioner.
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13
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 264
14
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961 Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 265
Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Bombay village Panchayat Act, 1958 Bombay village Panchayat Act, 1958 Maharashtra civil services Rules (Pension) 1982.
5(2)
15
Section 267(2)
call for any returns etc. To inspect any records, or other document from the office of the Zilla Parishad by himself or by any person, not below the rank of a Collector in case of a Zilla Parishad, or a Deputy Collector in cases of a Panchayat Samiti duly authorized by him. To prevent ectravagance in establishments or wasteful expenditure of the Zilla Parishad.
As commissioner.
As commissioner.
To rescind, in his discretion, the order made by the District Magistrate regarding suspension of an order or resolution of a Zilla Parishad or any of its Committes or a Panchayat Samiti 268 or direct that it should continue in force with or without modification, permanently or for such period as he thinks fit. Relaxation of qualifications in respect of age, education, experience etc.
As commissioner.
6(2)
Relaxation of ratio of nomination & promotion.
As commissioner.
6(10)
Change in the cadre
As commissioner.
145 – 1 A
Dissoultion of village Panchayat
As commissioner.
267 – A
Suspensation of Zilla Parishad Resoution and orders.
As Commissioner.
101, 102
1. Sanction of compensionate 2. Pension to Zilla Parishad Servants. 3. Issue of No Departmental Enquiry,
As Commissioner.
As commissioner.
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Maharashtra Civil Services (Leave) Rules, 1981. Maharashtra Civil Services Pay Rules 1981 Maharashtra Zilla Parishad & Panchayat Samiti (D & A) Rules 1964 Rule 13, 14, 15 & 24
16, 63, 74, 75, 76, 79, 80, 83, 84 etc. 56
Government orders (Rural Development Department) dated 10-101974 Maharashtra Zilla Parishad & Panchayat Samit (Dist. Service) Rules 1968. Rule 10. Bombay General Provident Fund Rules, Rule 14, 15
Bombay Wild Animals Act, Rule 6 Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 Maharashtra Zilla Parishad & Panchayat Samitis Act. Maharashtra Zilla Parishad Rule 1969.
No dues certificate in respect of Class – I & Class – II Sanction of leave more than 90 days (Extra ordinary) and other kind of leaves like T.B. Leave, Pay and increments, sanction of addl. Pay more than 6 months and within one year. 1. All kind of service appeals / Revision / Revision applications of Zilla Parishad servants, permissible under the said Rules. 2. Taking cognizance in the receiving complaints against Zilla Parishad servants. First 3 months extention of time limit Department Enquiry cases against Zilla Parishad servants.
1. Exercise of all powers of State Government in respect of leave, pay, pension, seniority etc. in case of Zilla Parishad servants. Grant of G.P.F. advances to officers of Class II & I – M.D.S. cadres.
As Commissioner.
As Commissioner
As commissioner
As commissioner.
As commissioner.
As commissioner.
Watching progress of various Govt. Schemes. Controlling epidemic under the Bombay wild animals Act.
As commissioner.
95/2, 262, 263, 264.
Inspection of Zilla Parishads and Panchayat Samitis 4 Z.Ps & 10 P.S every year.
As commissioner.
02
Appointment and transfer and promotion. B.D.O.S Class II
As commissioner
13
Appoinment, Seniority pay and allowances Class II
As commissioner.
As commissioner.
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B.C.S.R.1959 and M.C.S. Rule 1981 Maharashtra Development Service (Constitution, classification & Recruitment Rule 1973 and smmended in 1979 Maharashtra Civil Service Discipline and Appeal Rule 1979 Maharashatra Civil conduct Rule 1979.
(Recruitment) Promotion Class II
As commissioner.
Departmental Enquiry
As commissioner.s
ENTERTAINMENT Name of the Act Rules & Govt. orders under which powers are given. The Bombay Entertainments Duty (Amendment) Act, 1987 - Do -
Section or Rule No.
Brief Description of the power.
Section 3 (J)
Power to remit the duty where no show has been exhibited continuously for the entire week. Appeal against the order ed under Section 4B of the Act. Power to authorize Revenue officer as Inspecting officer.
Section 10 A
The Bombay ENT Duty (Amendment) Act, 1987 Bombay Entertainment Duty Rules, 1958
8
Govt. inR. & F.D.Resolution No.ENT/1082/1411I.S.(II) dt.30.10.82
-
Rule 14
Whether his power is exercised as Commissioner or as any other designation. Commissioner
-
Do -
-
Do -
Appellate authority for the - Do order ed by the Collector for forfeiture of Security Deposit. To have effective Control Commissioner. over the implementation of of B.E.D. Act. & Rules and Adv. Tax Act, 1976 and Rules.
Items for note 1) Functions :- The Divisional Commissioner has to act as an authority for control /supervision/co-ordination for effective implementation of the Bombay Entertainments Duty Act/Rules, The Maharashtra Adv. Tax. Act, 1967 and Rules and the Govt. Orders. He has to work as Liason officer between State Govt. and District istration. He is also an appellate authority for the items mentioned in the above prof
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Town Planning (Award) Section. Name of the Acts / Rules & Govt. orders under which the are given.
Section or Rule No.
Brief description
1 Land Acquisition Act, 1894, & Govt. order B & F.D. LON/1684/(3203) A-2, dt.29/4/85.
Section 11(1)
To scrutioise and to approve the draft awards submitted by the Land Acquisition Officers allowing compensation of gross amount excedading Rs. 15 Lakhs but not exceeding Rs.30 Lakhs. To scrutinize and to approve the ex-gratia payment proposals upto Rs.40,000/- if the proposal is within time limit of months from the declaration of award and it should not exceed 5% of the total amount of compensation Awarded. All other cases are to be submitted to Government through Commissioner for further orders.
2 Govt. order B & F.D. No.LON/1803/(2970)/A2, dt.20/3/1985. Land Acquisition clause 243.
Whether this power is exercised as Commissioner or as any other designation. Power is exercised as Commissioner.
Powers of the Commissioner Under M.M.Act, 1965. The Government in Urban Development has appointed the Divisional Commissioner as a Regional Director of the Municipal istration as per notification No.MUG5457/2194/UD10 (A) under section 74 of the Act for performing the duties of the State Government or the Director of the Municipal istration. The Addl. Commissioner has also been appointed as a Regional Director of Municipal istration for it’s respective division as per Government in Urban Development’s Notification No MUG-5457/2718/UD-10 dt.22-7-76. Section of the M.M.Act 1965
Activities to be performed.
51’ (5)
To decided election petition relating to the litigation of the president’s Election.
75A
Transfers of Chief officers in the Dn.Grant of Increment Leave upto 120 days and minor punishments.
76
To regularize service conditions of Municipal employees.
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79(6)
Appeal of the Municipal employees against the order of punishment ed by the Municipal Council.
92(3)
Grant of transfer of Municipal property above seven years.
97
Application of Municipal funds out side of the Municipal limit accord sanction to contribution exceed two percent.
101(4)
To sanction Budget of the Council who is undebted.
108 read with Sec.322
To sanction Bye-lawas of Districtionary Taxes.
104(1)
Exercising the powers of the Bombay local fund Audit Act, 1930
168(1)
To appoint Recovery officer in the grade of Naib Tahsildar.
306
Powers of supervision and Inspection of Municipal Records and properties.
307
To call for returns and reports.
308(4)
To rescind modify etc. orders ed by the Collector suspending execution of any Resolution.
309 310
To prevent extra-vacancy in expenditure on employees.
311
To appoint an officer to make inquirees in Municipal matters.
318
To decide revision applications in relating any order ed by or is to the regularity of the proceedings of any council or the Chief officer under section 189 or 190 of the M.M.Act.
320
Powers of Review.
322
To Sanction Bye laws of the discitionary Taxes.
323(3)
To enforce model bye laws.
337
To accord ex-post facto sanction in respect of staff and expenditure.
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GENERAL BRANCH Name of Act/Rules which the powers invested
Section/Rule G.R.No.etc.
Brief description of powers
Whether this power is exercised as Commissioner or as any other designation
Indian Arms Act
Section 18
To devide the appeals against the decision of the DistrictMagistrate
As Commissioner
Prisons Act and Bombay Furlough and Parole Rules
Rule 18
To grant parole to prisoners
As Commissioner
Govt. H.D.Res.
No.AVN-178010/(21)-TRA-7 dt.3-7-1981
To preside over the meeting
As Chairman of the Airport Environmental Management Committee for Nashik and Ozar Airfields
Motor Vehicle Act and Rules.
Section 71
To preside over the meeting of the Regional Transport Authority
As Chairman of R.T.A.
Govt. in Social walfare Deptt. Resolutions
To decide the appeals against the decision of the caste scrutiny Committee
As Commissioner
Govt. in H.D.cir No. BVP-2275/3/8/P dt.28/9/1976
To relax the age limit and educational qualification of Police Patils
As Commissioner
Govt. in P.W.D. Res.
To accord istrative approvals of plans and estimates to construct and repair Govt. offices
As Commissioner
Allotment of Govt. Quarters to Govt.servants and – officers
As chairman of Accomodation Allotment Committee
O and M implementation as per Govt. orders.
As the Divisional O and M officer
-
Do -
Govt. in GAD circular No. Niriksha/1035/57/18/0 & M dated 26-4-1985
Norms : 3 offices Rev.and Z.P. during the year
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(PLANNING SECTION) Sr. No.
Subject Matter
Govt. Orders
1
20 Point Programme
1 D.O.latter from the Chief Secretary Mah.State No.DRM/1083/C.R.-95/TPP-1 (planning) dt.22 July 1983. 2 Circular No.TPP/1084/C.R3/TPP-I, dated 17 Jan. 1985.
Description Particulars powers Quarterly Review
Completion of Quarterly Progress Reports at Divisional Level.
2
District Level Scheme
1 Planning Department Resolution No. DVI-1080/CR9/D-17, Dated 10th April 1980
Monitoring Plan implementation tacking general co-ordination problems connected with the implementation of plan programmed, flow and use of institutional of the E.G.S.
3
District Planning and Development Council
1 D.O. Letter from Chief Secretary, Mah.State No.DPC/1089/PRG-2, dated 16th July 1986
Attendance of D.P.D.C. Meeting
4
Command Area Development Authority
1 Maharashtra State Irrigation Department Res. No.CDA/1081/251-CAD-3, dated 21st Dec.1981
Divisional Commissioner as Chairman of an Executive Committee of CADA. The Executive Committee will attend to and take decisions regarding routine matters, matters relations to required for implantation of the Command Area Devt Preogramme; review of progress in implementation of C.A.D.P. and such other matters as may be delegated to it by the CADA Board. The Executive Committee with meet at least once in two months at a place within the project Area as may be decided by the Chairman.
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ROLE OF THE DIVISIONAL COMMISSIONER Information regarding the power exersised by the Commissioner under Acts/Rules and Goverment orders. Name of the Acts/Rules & Govt. order under which the power are given.
Section or Rule No.
Brief Description of the power.
Whether this power is exercised as Commissioner or any other designation.
Land Acquisition Ac, 1894.
Section 4
Power to issue notification in respect of lands required for Central Govt.
As a Commissioner.
Land Acquisition Ac, 1894.
Section 6
Power to issue notification in respect of lands required for
As a Commissioner.
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Central Govt. Land Acquisition Ac, 1894.
Govt. in R & F.D.Notice No.LAQ.2970/72, dt.203-75
Power to approve the draft award under sec.11 for amount
Sr. Name of the Act/Rule No. Govt. order under which the powers are given.
Section or Rule No. or order
Brief discription of the powers.
Whether this power is exercise as Commissioner or as any other designation.
1
6A
The Maharashtra Employment Guarantee Act, 1977 has been ed to make effective provisions for securing the right to work by guaranteeing employment to all adult persons who volunteer to do unskilled manual work in rural areas in the State of Maharashtra. The section 6 A of the said Act imparts all supervisory powers to the Commissioner in respect of E.G.S.work within the jurisdiction of the division and powers of supervision and review implementation are delegated to Commissioner. By virtue of these powers the Commissioner is competent to issue directions to the Collectors, other officers (including Divisional Level Officers) Local authorities and other schemes and for which the Collectors, other officers local authorities and other bodies in the Division are responsible and subordinate to Commissioner to such extent as Govt. may direct.
Powers are exercised as "Commissioner" only.
Maharashtra Employment Guarantee Act, 1977
Note :Powers under the Employment Guarantee Act as stated above have been delegated to the Commissioner. Further for the proper implementation of the Scheme following powers are also delegated to the Commissioner. •
To Accord istrative approval to the Plans & Estimates for the E.G.S. works costing more than 10 lakhs but less than Rs.15 Lakhs.
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•
To accord sanction to the Non-plan works during scarcity period so as to make available adequate number of works under E.G.S.
•
To santion establishment of various departments like Forest, Agriculture, Public Works etc. for the Scarcity period only and that too on Work Charge establishment.
•
To assist the Commissioner in proper implementation of the Scheme, Inspection & Supervisory cell is created in the Commissioner's office. The Cell also decide work of coordination and monitoring of the E.G.S.in the various districts.
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Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
Role of the Commissioner,
Resettlement_
Information regarding the power exercised by the Commissioner under various Acts/Rules & Government orders. Name of the Acts/Rules & Govt. order under which the power are given.
Maharashtra Resettlement Project Displaced person Act 1985 Govt. Reso.No.1089/C.R.150/R.a. Dated. 1/1/90
Sections or Rule No.
Brief description or Power
Whether this power is exercised as Commissioner or as any other designation.
Power to accord istrative approval for the works worth above 1 Lakh & up to to 10 lakhs.
As a Commissioner of the Division.
(The work of Civic amenities as per Govt. prescribed norms.)
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----------------------------------------------------------------------------------------------------------------
Yashwantrao Chavan Academy of Development istration, Raj Bhavan Complex, Baner Road, Pune 411 007, India
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ROLL OF THE DIVISIONAL COMMISSIONER Information regarding the powers exercised by the Commissioner under various Acts / Rules & Govt. orders. Establishment Sr. No.
Name of the Acts/ Rules & Govt. Orders Under which The powers are given
1
Maharashtra Civil Service (Discipline & Appeal )Rules 1975
2
Maharashtra Civil Services Rules,1981
Section or Rule No.
-
229
Brief description of The powers
Whether this Powers is exercised as commissioner designation
To taken disciplinary action Against the Govt . servants & To decide the appeals filed under Rule 17,19 of the said Rules.
Yes, as Commissioner
1.) To take disciplinary action against the Govt. servants & to decide the appeals filed under Rule 17,19 of the said rules. 2.) Gtrant of leave to class II officers (up to 120 days) 3.) Transfer of class I & II officers & allotment of NT to Districts. 4.) Allotments of Probationary Tahsildars & Dy. Collectors. 5.)Grant of Efficiency Bar in the pay scales of Tahsildars & Dy. Collectors.
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Maharashtra Land Revenue Code and Rules there under. Sr. No.
Name of the Acts/ Rules & Govt. Orders Under which The powers are given (1)
1
Maharashtra Land Revenue code, 1966. (i)M.L.R.(Disposal of Govt. Land)Rule,1971.
Section Brief description of The powers. or Rule No. Section Rule (2) A (2)B (3) 20 & 31
6
To accord sanction Dispensaries & other public works to Institution Local bodies etc. where Rev. free value of the land exceeds Rs. 10.000/- but does not exceed Rs.25.000/-
7
To accord sanction to lease out lands at a nominal rent of one rupee per year for playground or other recreational purposes to local bodies where Revenue free value of the land exceeds Rs.10.000/- but does not exceed Rs. 25.000/-.
26(2)
To accord sanction to dispose of building sites without auction where market price does not exceed Rs. 10.000/-.
27
To grant land to co-op Housing Societies where occupancy price of the land exceeds Rs.25.000/but does not exceed Rs.50.000/-
28
To accord sanction to the grant of building Sites without auction for residential use to freedom fighters. Serving of the armed forces, ex-servicemen & goldsmith where
Whether this Powers is exercised as commissioner or as any other Designation. (4)
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occupancy price of the land exceed Rs. 10.000/but does not exceed Rs.25.000/35
To renew leases of land where market value of the leased land does not exceed Rs.25.000/-
43
To accord sanction to regularize encroachment on Govt. land where market value of encroached land exceeds Rs.5000/- but does not exceed Rs. 10.000/To accord sanction to the sale of agricultural land held on new tenure & to regularize the unauthorized sale of such lands.
Govt. Reso. Rev.&F.Dept. No.LND1083/27925 CR.671 Date8/9/1983& Revenue Circular order Book NO. III ,Para 78 & 31 21(5)
Extinction of right of public in or over any public road, lane, path not required for use of public. Appellate power.
60(2)
To direct what orders shall be substituted for the provisions of which the operations of section 55 (relinquishment of land ) is suspended by Govt.
130
To accord sanction to the regulation made by the collector for fixation of correction fee to be charged for issue of fresh sanad on alteration of holding.
178(2)
To make order for issue of demand notices to defaulters & to fix the cost
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of the notice with the sanction of the state Govt. 185
To accord sanction to attach defaulters village & to take it under Management of collector.
241(2)
To accord sanction to rates of expenses of sale of defaulters movable property & to make orders therefore.
227
Power to summon persons to give evidence & to produce documents.
247
Appellate powers, to hear appeals against orders of collectors.
257
Revisional powers. To call for & examine records & proceedings underlying the decision of the collector. Review of orders.
258
330-A
1.)To exercise powers of the state Govt. U/S.15 for conferral of powers of Asstt. Or Dy. Collector or Tahsildar on any persons possessing the prescribed qualification. 2.) To exercise powers of the state Govt. under clause(V)&(vi)of sub.sec. (1)of section 4 so far as it relates to altering the limits of a village. 3.) To exercise powers of the state Govt. U/S.9-A to make appointments (including transfers ) of revenue officers below the rank of the Tahsildars and
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to transfer Asstt. Or Dy. Collectors & Tahsildars. INDIAN FORESTS ACT 1927 - On receipt of orders form Govt
4
a) To notify the decision to constitute any land as a reserved forest. b) To notify the situation & limits of such land. c) To notify the appointment of forest settlement officer to enquire in to & determine the rights of persons.
17
a)To notify appointment of officer of the Revenue Deptt. of rank not lower than that of a collector to hear appeals from orders ed by Forests settlement officer U/s. 11,12, 15 & 16. b)To empower any forest officer to make an appeal U/s ,17. c)To establish a court composed of three persons to hear appeals U/s. 17
20
To notify the limits of the forest which is to be reserved & declare the same to be reserved form the date fixed by the
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Role of the Divisional commissioner Information regarding the powers exercised by the commissioner under various Acts/Rules & Govt. orders. Sr. No.
Name of the Acts/Rules & Govt. orders the powers are given.
Section or Rule No.
Brief description of the powers.
1.
Manual of Financial power 1964
Sec 93
Refund of Revenue
2
Revf Forests Dept. Govt. Res. No. CLS/5983/166813 CR. 1016M3 Dt.20/5/85
Mongrel loans Act 1985
Grant of loans up to Rs. 20.000/- In respect of natural calamities.
Whether this power is exercised as commissioner and other designation As Commissioner As Commissioner
The commissioner has to exercise complete control over the scarcity is tuition of the Division & to see that there is proper co ordination among various officers so that proper utilization of funds & employment opportunities are provided. 3
GR. R & FD No. CLS-5985/248361 CR. 20 M3 dt.31/1/83
--
Gratuitous relief upto Rs.1000/- per family bringing the total amount of relief to Rs.2500/-per family.
Commissioner
4
GR R & FD No. LND -1071 / 32302 –H-IT 15/7/72
--
To accord istrative approval & financial sanction for acquisition of lands, for the purposes of extension of Gaothan, valued from Rs. 50.000/to Rs. 125000/- (in rural areas ) & up to Rs. 50.000/- (in urban area)
Commissioner
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ROLE OF THE DIVISIONAL COMMISSIONER Information regarding the powers exercised by the Commissioner under various Acts / Rules & Govt. orders. Sr. No
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
Whether this power is exercised as commissioner as any other designation
1.
Mah. General Provident fund Rupees
Under Sec. 15
ITEMS FOR NOTE Inrespect of Grant of non refundable advances to Class I, II,& III
Yes these Powers are exercised By commissioner -do-
2.
3.
4.
5.
6.
7.
8.
--- do ---
Under Sec. 14
Bombay financial Rules.
As per rule 142
Medical reimbursement
As per resolution public health Deptt. No.MAG/1081/49 07/PAH/9A dt.19/10/83
State Govt. Employees Group Insurance Scheme.
As per Manual Financial powers 1978
Mah.Budget Manual vol.I.
Mah. Civil Services (pension )Rules’82
Finance Deptt. Reso. No. DOI/2081/4701/A DM-5 dt.26/4/82 Vide 11(1)&11(2)
Refundable advance to Class II & Class I
-do-
Sanction of all kinds of temp. advances.
-do-
Sanction of Medical reimbursement claim of all categories of Govt. servants. -do-
Sanction of final with drawal of GIS Saving fund insurance fund to all categories of employees.
As a head of office head Deptt & Regional head. Power delegated various items in respect of office Rule No. 166 expenses, purchases, 164 vehicle repairs etc.
Rule
126
-do-
-do-
Distribution of Grants of all concerned -doHeads & Reappropriate Sub head to sub head
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within the same major head. -do9.
As per Bombay Civil Service Rules.
Old rule 599
Sanction of Provisional pension for 6 months period & sanction gratuity with noting 10 % or one thousand rupees. To countersign the TA Bills of class II & I officers of Commissionerate.
Sr. No.
1)
2)
3)
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
Delegation of Financial and istrative powers Govt. of Maharashtra Condemn Finance Government Deptt. Resolution No. Vehicles. Upto DFP/1080 CRRs.1.00 Lakh in 564/GEN.5Dated 29th May each case. 1984 Ordinary Government of Maharashtra maintenance revenue & Forests Deptt excluding Resolution running No.JPS/1082/CR.175/82 E.8 expenses on Dated 23rd june,1986 petrol, oil & disilled water etc. Major, Miner repairs excluding replacement of tyres & tubes. Per vehicle per annum Rs.12.000/Govt. of Maharashtra revenue and Forests Deptt. Petrol upto No.JSP/1085/CR.417/85 E8 35.000 Leters dt 2nd Dec. 85 per years.
Whether this power is exercised as commissioner as any other designation Yes, As Commission
Yes, As Commission
Yes, As Commission
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Inspection of revenue Officers 4) Govt. of Maharashtra revenue and Forests Deptt. Resolution No. INS – 1069/2527/T. Dated 1st Sept. 1071
5) Maharashtra Schedule commodities (Regulations and distributor order 1975
Paragraph 43 1)&2)of chapters 18 of istrative Reorganization Committee’s
1)All Collectors Withn a period of two years. 2)Two Prant officers per year. 3)Two Taluka offices per year.
Maha. Schedule Commodities Order 24
The dicide appeals under mah schedule Commodities Regulation Distribution order 1975
Yes, As Commission
Weights and Measures Section 1) Bombay Weights and Measures (Enf) Act 1958
शासनाचे अ न ् व नागर पुरवठा प रप क
मांक
डीएएमअके –अे-1098-604-2 $दनांक – 17-11-78 अ वये
As regional head of Deptt. for appointment Of class III and class IV servants in the region
Yes, As Commission
istrative and Financial power in respect of contingencies and G.P.F. with drawed etc.
For commissioner Division Nashik
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INFORMATION REGARDING THE POWERS EXERCISED BY THE COMMISSIONER UNDER VARIOUS AND GOVT. ORDERS.
1)
Maharashtra controller cloth (Regulation of Distribution )order 1975 dated 25th march 1975
Order 2 (I)
2.
The Rice Milling Industry (Rgd Act 1958 Dy. Secretary D.O.No RMS/1085/1389/84(188) dt.13/3/1987
To sanction the The Rice milling industry Rice milling (Regulation Act licenses 1956 us section 19(read with sec5)
3.
Maharashtra (Discipline & appeal ) rule 1975.
The sanction the licenses of new controlled cloth and yearly renewal of it to checked 10th shuns cancel suspending etc.
Commissioner have judicious powers to conduct the Divisional Deptt. enquiries of class II officers and class –I officer whose basic pay is less than Rs.1000/and conduct the appeal of classIII person sa per maha (discipline and appeal) Rule 1975)
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4.
Essential commodities Act. 1955
Sr. No.
1.
To decide the appeals under Essential commodities Act.1955
Thoufh of the Presen exerci Commis
Whether this power is exercised as commissioner as any other designation
Name of the Act Rules & Govt. orders under which the power are given
Section or rule No.
Brief Description of the powers
The Bombay Tenancy & Agril. Lands Act 1948
76-A
Reference to made to the colln for revision where no apreal has been filed within the period presonibed.
2.
-
do –
63(1)
Proposals to be sent to Govt. for extension of neriod rule 36 (4)
3.
-
do –
88D(IV)
Revocation of certificate granted u/s 88c of the Act if the person exceeds an aoernonic holding
4.
The Maharashtra land Revenue code and terancy laws (Amendment Act 1974 )(Maharashtra No. xxxv ot 1974
36(3) of M.L.R.C. 1966
Appeal/Revisions application in cases in which inquiries u/s 36/(3) proviso were initiated by Revenus officer prior to be dealt with and decided specified in scheduled ‘E” of section 247 of M.L.R.C. 1966
5.
The Maharashtra Restoration of lands to
Sec7
Provisional powers
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scheduled tribes Act 1974 Act No. xIV of 1975 6.
The Bombay Prevention of fragmentation and consolidation of Holding Act 1957
Sec. 31 (B) Sec. 35
To call for and examine the record of any case pending before or disposed of by such officer and may such order
7.
Mah. Agricultural lands (ceiling on holdings ) Act.1961
Section 45-2
The Comm. may suemotet any time call for record of any enquiry u/s 17 to 21 for the purpose of satisfying itself as to the legality or propriety of any enquiry under those sections any such order therein after giving the party a reasonable opportunity and being heard provide period of 3 years from the date of such deliration has elapsed.
8.
-
do-
45-A
The Commn may, auo-not or an application made to him by an aggnieved persn call for the record of any inguiry under sec. 27 for the purpose of satisfying himself as to the legality of any inquiry and such order therean after giving the parties a reasonable apportunity of being heard. Period of one year from the date of the grant of land is made by the collr u/s 27 The apportionment of
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9.
-do-
25 (4)
10.
-do-
14 (3)
11.
Bombay Inferior villaga watans (Abolition) Act 1958
14 (3)
compensation if the Compensation excee ds twenty-five the usand rupees but net exceed fiftv thousand rupees, shall be determined without the previous approvl of Commissioner Where a person (or family unit) holds land in two or more districts of the sane Division the enquiry shall do held by the collr which the commr may by order in writing designate. The commr can grant per mission for sale of IVS inam land regraneed on new tenure as per Govt. circular dt. 16/5/85 on payment of 10 times the asstt of the land.
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Sr. No.
Name of the Act Rules & Govt. orders under which the power are given Maharashtra bills perished and panchayat Samitis Act.1961
Section or Brief Description of the powers rule No.
Section 197 (1)
To such orders, as he may deem fit, in cases where Zilla parishad has requested the concurrence of any other local authority under the provision of Section 110 but that local authority has refused to eon cur.
2.
-Do-
Section 197(1)
To direct, on enquiry, to stop the use of any place in the district used for the disposal of the deed if it is in such a state as to become injurious to health.
-do-
3.
-Do-
Section 211
To decides an sppeal made against the orders of the Zilla parishad issued under section 205, 206, 209, or 210 and his decision thereon is final.
-do-
4.
-Do-
Section 212
To decide an application made to him by the aggrieved person with Zilla parishad fails to grant a license under sub section (2) of section 205 within a period of two months from the date of receipt of Application for grant of licenses and his decision therefore is final.
-do-
5.
-Do-
Section 40 (2) (ii)
To decide a question if arises whether a vacancy has occurred in the office of (i) canceller
-do-
6.
-Do-
Section 62 (3)
Member of the pancheyat Samiti
-do-
7.
Maharashtra Billn Panchayat Samitis Act-1961
Section 82 (3)
And Member of standing committee and subject committee and his decision thereon is final.
-do-
8.
-do-
Section
To decide the dispute arising as
-do-
1.
Whether this power is exercised as commissioner as any other designation As Commissioner
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45(4)
to the validity of the election of a president or vice president of a Zilla perishad
Section 68(4)
And a chairman or Deputy Chairman of a panchayat Samiti
9.
-do-
Section 81(4)
To decide the dispute srising as to the validity of the election of any counciller under section 79 (Constitution of standing committee) or section 80 (constitution of subjects committee) including any question arising out of the acceptance or rejection of a nomination paper or any ground or whether or not councilor is an member of a Scheduled casted scheduled tribes or any specially or educationally backward class of citizen and his decision thereon is final.
10.
-do-
Section 100 (10)
To sanction the expenditure including any grant required to be incurred or spent by a Zilla parishad/panchayt samiti outside its areas of the act with the exceptions given in sections given in section 132 & 101 –A respectively.
-do-
-do-
Powers of the Commissioner No. 6
6
1 Maharashtra Zilla Parishad and panchayat Samitis 1961
2 Section 267 A(1)
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 267 A(2)
3 To suspend (i) the execution of unlawful order or a Zilla Parishad or its committee or a Panchayat Samiti or Prohibit the doing of any Act which is unlawful. And (ii) the execution or prohibit the doing of anything by a Zilla Parishad or its Committee or a Panchayat Samiti if it is in consistent with the instructions or disrections
4 As commissioner
As commissioner
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7
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 268(3)
8
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 272
9
Maharashtra Zilla Parishad and panchayat Samitis 1961
Section 282(2)
10
Maharashtra Zilla Parishad and panchayat Samitis 1961
10
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 110(3)
11
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 262
12
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 263
given or issued under Section 261(1) To confirm or modify the direction given by the Collector to the Zilla Parishad for the execution of any extraordinary work in case of emergency. To have and exercise the same authority and control over the Collectors in the matter connected with the Zilla Parishad Act as he has and exercises over them in the general and revenue istration. To such order as he may deem fit if one local suthority has not accepted the proposal of the other local authority or there is any difference of opinion between two local authorities. Powers and functions of the State Government under section 246 (vide Note under Sr.No.47 under the powers of the State Government.) To assign to the District Fund of each Zilla Parishad such portion of the net proceeds of a public ferry, read or bridge vested in one or morethan one Zilla Parishad, Partly falling in one District and partly in onother and both the Districts are in one Division. To call the meeting of a Zilla Parishad/Panchayat Samiti/Committes of the Zilla Parishad, if no meeting was held within the period prescribed by or under the Act. To enter and inspect, if so authorized by the State Govt.,any immoveable property of a Zilla Parishad or any development work or scheme in progress under it or cause it to be inspected, call forany extract from the proceedings of any Committee or any Panchayat Samiti or
As commissioner
As commissioner
As commissioner
As Commissioner
As commissioner
As Commissioner.
As commissioner.
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13
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 264
14
Maharashtra Zilla Parishad and panchayat Samitis Act, 1961 Maharashtra Zilla Parishad and panchayat Samitis Act, 1961
Section 265
Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Maharashtra Zilla Parishad District (Recruitment) Rules 1976. Bombay village Panchayat Act, 1958 Bombay village Panchayat Act, 1958 Maharashtra civil services Rules (Pension) 1982.
5(2)
15
Section 267(2)
call for any returns etc. To inspect any records, or other document from the office of the Zilla Parishad by himself or by any person, not below the rank of a Collector in case of a Zilla Parishad, or a Deputy Collector in cases of a Panchayat Samiti duly authorized by him. To prevent ectravagance in establishments or wasteful expenditure of the Zilla Parishad.
As commissioner.
As commissioner.
To rescind, in his discretion, the order made by the District Magistrate regarding suspension of an order or resolution of a Zilla Parishad or any of its Committes or a Panchayat Samiti 268 or direct that it should continue in force with or without modification, permanently or for such period as he thinks fit. Relaxation of qualifications in respect of age, education, experience etc.
As commissioner.
6(2)
Relaxation of ratio of nomination & promotion.
As commissioner.
6(10)
Change in the cadre
As commissioner.
145 – 1 A
Dissoultion of village Panchayat
As commissioner.
267 – A
Suspensation of Zilla Parishad Resoution and orders.
As Commissioner.
101, 102
1. Sanction of compensionate 2. Pension to Zilla Parishad Servants. 3. Issue of No Departmental Enquiry,
As Commissioner.
As commissioner.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
Maharashtra Civil Services (Leave) Rules, 1981. Maharashtra Civil Services Pay Rules 1981 Maharashtra Zilla Parishad & Panchayat Samiti (D & A) Rules 1964 Rule 13, 14, 15 & 24
16, 63, 74, 75, 76, 79, 80, 83, 84 etc. 56
Government orders (Rural Development Department) dated 10-101974 Maharashtra Zilla Parishad & Panchayat Samit (Dist. Service) Rules 1968. Rule 10. Bombay General Provident Fund Rules, Rule 14, 15
Bombay Wild Animals Act, Rule 6 Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 Maharashtra Zilla Parishad & Panchayat Samitis Act. Maharashtra Zilla Parishad Rule 1969.
No dues certificate in respect of Class – I & Class – II Sanction of leave more than 90 days (Extra ordinary) and other kind of leaves like T.B. Leave, Pay and increments, sanction of addl. Pay more than 6 months and within one year. 1. All kind of service appeals / Revision / Revision applications of Zilla Parishad servants, permissible under the said Rules. 2. Taking cognizance in the receiving complaints against Zilla Parishad servants. First 3 months extention of time limit Department Enquiry cases against Zilla Parishad servants.
1. Exercise of all powers of State Government in respect of leave, pay, pension, seniority etc. in case of Zilla Parishad servants. Grant of G.P.F. advances to officers of Class II & I – M.D.S. cadres.
As Commissioner.
As Commissioner
As commissioner
As commissioner.
As commissioner.
As commissioner.
Watching progress of various Govt. Schemes. Controlling epidemic under the Bombay wild animals Act.
As commissioner.
95/2, 262, 263, 264.
Inspection of Zilla Parishads and Panchayat Samitis 4 Z.Ps & 10 P.S every year.
As commissioner.
02
Appointment and transfer and promotion. B.D.O.S Class II
As commissioner
13
Appoinment, Seniority pay and allowances Class II
As commissioner.
As commissioner.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
B.C.S.R.1959 and M.C.S. Rule 1981 Maharashtra Development Service (Constitution, classification & Recruitment Rule 1973 and smmended in 1979 Maharashtra Civil Service Discipline and Appeal Rule 1979 Maharashatra Civil conduct Rule 1979.
(Recruitment) Promotion Class II
As commissioner.
Departmental Enquiry
As commissioner.s
ENTERTAINMENT Name of the Act Rules & Govt. orders under which powers are given. The Bombay Entertainments Duty (Amendment) Act, 1987 - Do -
Section or Rule No.
Brief Description of the power.
Section 3 (J)
Power to remit the duty where no show has been exhibited continuously for the entire week. Appeal against the order ed under Section 4B of the Act. Power to authorize Revenue officer as Inspecting officer.
Section 10 A
The Bombay ENT Duty (Amendment) Act, 1987 Bombay Entertainment Duty Rules, 1958
8
Govt. inR. & F.D.Resolution No.ENT/1082/1411I.S.(II) dt.30.10.82
-
Rule 14
Whether his power is exercised as Commissioner or as any other designation. Commissioner
-
Do -
-
Do -
Appellate authority for the - Do order ed by the Collector for forfeiture of Security Deposit. To have effective Control Commissioner. over the implementation of of B.E.D. Act. & Rules and Adv. Tax Act, 1976 and Rules.
Items for note 1) Functions :- The Divisional Commissioner has to act as an authority for control /supervision/co-ordination for effective implementation of the Bombay Entertainments Duty Act/Rules, The Maharashtra Adv. Tax. Act, 1967 and Rules and the Govt. Orders. He has to work as Liason officer between State Govt. and District istration. He is also an appellate authority for the items mentioned in the above prof
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
Town Planning (Award) Section. Name of the Acts / Rules & Govt. orders under which the are given.
Section or Rule No.
Brief description
1 Land Acquisition Act, 1894, & Govt. order B & F.D. LON/1684/(3203) A-2, dt.29/4/85.
Section 11(1)
To scrutioise and to approve the draft awards submitted by the Land Acquisition Officers allowing compensation of gross amount excedading Rs. 15 Lakhs but not exceeding Rs.30 Lakhs. To scrutinize and to approve the ex-gratia payment proposals upto Rs.40,000/- if the proposal is within time limit of months from the declaration of award and it should not exceed 5% of the total amount of compensation Awarded. All other cases are to be submitted to Government through Commissioner for further orders.
2 Govt. order B & F.D. No.LON/1803/(2970)/A2, dt.20/3/1985. Land Acquisition clause 243.
Whether this power is exercised as Commissioner or as any other designation. Power is exercised as Commissioner.
Powers of the Commissioner Under M.M.Act, 1965. The Government in Urban Development has appointed the Divisional Commissioner as a Regional Director of the Municipal istration as per notification No.MUG5457/2194/UD10 (A) under section 74 of the Act for performing the duties of the State Government or the Director of the Municipal istration. The Addl. Commissioner has also been appointed as a Regional Director of Municipal istration for it’s respective division as per Government in Urban Development’s Notification No MUG-5457/2718/UD-10 dt.22-7-76. Section of the M.M.Act 1965
Activities to be performed.
51’ (5)
To decided election petition relating to the litigation of the president’s Election.
75A
Transfers of Chief officers in the Dn.Grant of Increment Leave upto 120 days and minor punishments.
76
To regularize service conditions of Municipal employees.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
79(6)
Appeal of the Municipal employees against the order of punishment ed by the Municipal Council.
92(3)
Grant of transfer of Municipal property above seven years.
97
Application of Municipal funds out side of the Municipal limit accord sanction to contribution exceed two percent.
101(4)
To sanction Budget of the Council who is undebted.
108 read with Sec.322
To sanction Bye-lawas of Districtionary Taxes.
104(1)
Exercising the powers of the Bombay local fund Audit Act, 1930
168(1)
To appoint Recovery officer in the grade of Naib Tahsildar.
306
Powers of supervision and Inspection of Municipal Records and properties.
307
To call for returns and reports.
308(4)
To rescind modify etc. orders ed by the Collector suspending execution of any Resolution.
309 310
To prevent extra-vacancy in expenditure on employees.
311
To appoint an officer to make inquirees in Municipal matters.
318
To decide revision applications in relating any order ed by or is to the regularity of the proceedings of any council or the Chief officer under section 189 or 190 of the M.M.Act.
320
Powers of Review.
322
To Sanction Bye laws of the discitionary Taxes.
323(3)
To enforce model bye laws.
337
To accord ex-post facto sanction in respect of staff and expenditure.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
GENERAL BRANCH Name of Act/Rules which the powers invested
Section/Rule G.R.No.etc.
Brief description of powers
Whether this power is exercised as Commissioner or as any other designation
Indian Arms Act
Section 18
To devide the appeals against the decision of the DistrictMagistrate
As Commissioner
Prisons Act and Bombay Furlough and Parole Rules
Rule 18
To grant parole to prisoners
As Commissioner
Govt. H.D.Res.
No.AVN-178010/(21)-TRA-7 dt.3-7-1981
To preside over the meeting
As Chairman of the Airport Environmental Management Committee for Nashik and Ozar Airfields
Motor Vehicle Act and Rules.
Section 71
To preside over the meeting of the Regional Transport Authority
As Chairman of R.T.A.
Govt. in Social walfare Deptt. Resolutions
To decide the appeals against the decision of the caste scrutiny Committee
As Commissioner
Govt. in H.D.cir No. BVP-2275/3/8/P dt.28/9/1976
To relax the age limit and educational qualification of Police Patils
As Commissioner
Govt. in P.W.D. Res.
To accord istrative approvals of plans and estimates to construct and repair Govt. offices
As Commissioner
Allotment of Govt. Quarters to Govt.servants and – officers
As chairman of Accomodation Allotment Committee
O and M implementation as per Govt. orders.
As the Divisional O and M officer
-
Do -
Govt. in GAD circular No. Niriksha/1035/57/18/0 & M dated 26-4-1985
Norms : 3 offices Rev.and Z.P. during the year
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
(PLANNING SECTION) Sr. No.
Subject Matter
Govt. Orders
1
20 Point Programme
1 D.O.latter from the Chief Secretary Mah.State No.DRM/1083/C.R.-95/TPP-1 (planning) dt.22 July 1983. 2 Circular No.TPP/1084/C.R3/TPP-I, dated 17 Jan. 1985.
Description Particulars powers Quarterly Review
Completion of Quarterly Progress Reports at Divisional Level.
2
District Level Scheme
1 Planning Department Resolution No. DVI-1080/CR9/D-17, Dated 10th April 1980
Monitoring Plan implementation tacking general co-ordination problems connected with the implementation of plan programmed, flow and use of institutional of the E.G.S.
3
District Planning and Development Council
1 D.O. Letter from Chief Secretary, Mah.State No.DPC/1089/PRG-2, dated 16th July 1986
Attendance of D.P.D.C. Meeting
4
Command Area Development Authority
1 Maharashtra State Irrigation Department Res. No.CDA/1081/251-CAD-3, dated 21st Dec.1981
Divisional Commissioner as Chairman of an Executive Committee of CADA. The Executive Committee will attend to and take decisions regarding routine matters, matters relations to required for implantation of the Command Area Devt Preogramme; review of progress in implementation of C.A.D.P. and such other matters as may be delegated to it by the CADA Board. The Executive Committee with meet at least once in two months at a place within the project Area as may be decided by the Chairman.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
1
2
3
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ROLE OF THE DIVISIONAL COMMISSIONER Information regarding the power exersised by the Commissioner under Acts/Rules and Goverment orders. Name of the Acts/Rules & Govt. order under which the power are given.
Section or Rule No.
Brief Description of the power.
Whether this power is exercised as Commissioner or any other designation.
Land Acquisition Ac, 1894.
Section 4
Power to issue notification in respect of lands required for Central Govt.
As a Commissioner.
Land Acquisition Ac, 1894.
Section 6
Power to issue notification in respect of lands required for
As a Commissioner.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
Central Govt. Land Acquisition Ac, 1894.
Govt. in R & F.D.Notice No.LAQ.2970/72, dt.203-75
Power to approve the draft award under sec.11 for amount
Sr. Name of the Act/Rule No. Govt. order under which the powers are given.
Section or Rule No. or order
Brief discription of the powers.
Whether this power is exercise as Commissioner or as any other designation.
1
6A
The Maharashtra Employment Guarantee Act, 1977 has been ed to make effective provisions for securing the right to work by guaranteeing employment to all adult persons who volunteer to do unskilled manual work in rural areas in the State of Maharashtra. The section 6 A of the said Act imparts all supervisory powers to the Commissioner in respect of E.G.S.work within the jurisdiction of the division and powers of supervision and review implementation are delegated to Commissioner. By virtue of these powers the Commissioner is competent to issue directions to the Collectors, other officers (including Divisional Level Officers) Local authorities and other schemes and for which the Collectors, other officers local authorities and other bodies in the Division are responsible and subordinate to Commissioner to such extent as Govt. may direct.
Powers are exercised as "Commissioner" only.
Maharashtra Employment Guarantee Act, 1977
Note :Powers under the Employment Guarantee Act as stated above have been delegated to the Commissioner. Further for the proper implementation of the Scheme following powers are also delegated to the Commissioner. •
To Accord istrative approval to the Plans & Estimates for the E.G.S. works costing more than 10 lakhs but less than Rs.15 Lakhs.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
•
To accord sanction to the Non-plan works during scarcity period so as to make available adequate number of works under E.G.S.
•
To santion establishment of various departments like Forest, Agriculture, Public Works etc. for the Scarcity period only and that too on Work Charge establishment.
•
To assist the Commissioner in proper implementation of the Scheme, Inspection & Supervisory cell is created in the Commissioner's office. The Cell also decide work of coordination and monitoring of the E.G.S.in the various districts.
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
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Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
Role of the Commissioner,
Resettlement_
Information regarding the power exercised by the Commissioner under various Acts/Rules & Government orders. Name of the Acts/Rules & Govt. order under which the power are given.
Maharashtra Resettlement Project Displaced person Act 1985 Govt. Reso.No.1089/C.R.150/R.a. Dated. 1/1/90
Sections or Rule No.
Brief description or Power
Whether this power is exercised as Commissioner or as any other designation.
Power to accord istrative approval for the works worth above 1 Lakh & up to to 10 lakhs.
As a Commissioner of the Division.
(The work of Civic amenities as per Govt. prescribed norms.)
Center for Right to Information, Yashada, Pune, 020 – 25608146 Fax - 25608130
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