Powers of Divisional CommissionerS IN MAHARASHTRA STATE
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A Compilation of
Powers delegated to Divisional
Commissioner
----------------------------------------------------------------------------------------------------------------
Yashwantrao Chavan Academy of Development Administration,
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
Section
or Rule
No.
Brief description of
The powers
Whether this
Powers is
exercised as
commissioner
designation
1
2
Maharashtra
Civil Service
(Discipline & Appeal
)Rules 1975
Maharashtra Civil
Services Rules,1981
-
229
To taken disciplinary action
Against the Govt . servants &
To decide the appeals filed
under Rule 17,19 of the saidRules.
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.
Yes, as
Commissioner
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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)
Section
or Rule
No.
SectionRule
(2) A (2)B
Brief description of
The powers.
(3)
Whether this
Powers is
exercised as
commissioneror as any other
Designation.
(4)
1 Maharashtra Land
Revenue code, 1966.
(i)M.L.R.(Disposal of
Govt.
Land)Rule,1971.
20 6
&
31
7
26(2)
27
28
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/-
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/-.
To accord sanction to
dispose of building sites
without auction where
market price does not
exceed Rs. 10.000/-.
To grant land to co-op
Housing Societies where
occupancy price of theland exceeds Rs.25.000/-
but does not exceed
Rs.50.000/-
To accord sanction to the
grant of building Sites
without auction for
residential use to freedom
fighters. Serving
members of the armed
forces, ex-servicemen &goldsmith where
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Govt. Reso.
Rev.&F.Dept.
No.LND1083/27925
CR.671 Date-
8/9/1983& Revenue
Circular order Book
NO. III ,Para 78 &
31
35
43
21(5)
60(2)
130
178(2)
occupancy price of the
land exceed Rs. 10.000/-
but does not exceed
Rs.25.000/-
To renew leases of landwhere market value of the
leased land does not
exceed Rs.25.000/-
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.
Extinction of right of
public in or over any
public road, lane, path not
required for use of public.
Appellate power.
To direct what orders
shall be substituted for the
provisions of which the
operations of section 55
(relinquishment of land )
is suspended by Govt.
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.
To make order for issue of
demand notices todefaulters & to fix the cost
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185
241(2)
227
247
257
258
330-A
of the notice with the
sanction of the state Govt.
To accord sanction to
attach defaulters village &
to take it underManagement of collector.
To accord sanction to
rates of expenses of sale of
defaulters movable
property & to make
orders therefore.
Power to summon persons
to give evidence & to
produce documents.
Appellate powers, to hear
appeals against orders of
collectors.
Revisional powers. To call
for & examine records &
proceedings underlying
the decision of the
collector. Review of
orders.
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 ofthe 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 therank of the Tahsildars and
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INDIAN FORESTS
ACT 1927 - On
receipt of ordersform Govt 4
17
20
to transfer Asstt. Or Dy.
Collectors & Tahsildars.
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 & determinethe rights of persons.
a)To notify appointment
of officer of the Revenue
Deptt. of rank not lower
than that of a collector to
hear appeals from orders
passed 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
To notify the limits of the
forest which is to bereserved & 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 theActs/Rules & Govt.
orders the powers
are given.
Sectionor
Rule No.
Brief description of thepowers.
Whether thispower is
exercised as
commissioner
and other
designation
1.
2
3
4
Manual of Financial
power 1964
Revf Forests Dept.
Govt. Res. No.CLS/5983/166813
CR. 1016M3
Dt.20/5/85
Sec 93
Mongrel
loans Act1985
Refund of Revenue
Grant of loans up to Rs.
20.000/- In respect ofnatural calamities.
As
Commissioner
As
Commissioner
Commissioner
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.
GR. R & FD No.
CLS-5985/248361CR. 20 M3 dt.31/1/83
GR R & FD No. LND
-1071 / 32302 H-IT
15/7/72
--
--
Gratuitous relief upto
Rs.1000/- per familybringing the total amount
of relief to Rs.2500/-per
family.
To accord administrative
approval & financial
sanction for acquisition of
lands, for the purposes of
extension of Gaothan,
valued from Rs. 50.000/-
to Rs. 125000/- (in ruralareas ) & up to Rs.
50.000/- (in urban area)
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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 ActRules & Govt. orders
under which the
power are given
Section or rule No. Brief Description of thepowers
Whether thispower is
exercised as
commissioner as
any other
designation
1.
2.
3.
4.
5.
6.
7.
8.
Mah. General
Provident fund
Rupees
--- do ---
Bombay financial
Rules.
Medical
reimbursement
State Govt.
Employees Group
Insurance Scheme.
As per ManualFinancial powers
1978
Mah.Budget
Manual vol.I.
Mah. Civil Services
(pension )Rules82
Under Sec. 15
Under Sec. 14
As per rule 142
As per resolution
public health
Deptt.No.MAG/1081/49
07/PAH/9A
dt.19/10/83
Finance Deptt.
Reso. No.
DOI/2081/4701/A
DM-5 dt.26/4/82
Vide 11(1)&11(2)
As a head of officehead Deptt &
Regional head.
Rule No. 166
164
Rule 126
ITEMS FOR NOTE
Inrespect of Grant of
non refundable
advances to Class I,
II,& III
Refundable advance
to Class II & Class I
Sanction of all kinds
of temp. advances.
Sanction of Medical
reimbursement claimof all categories of
Govt. servants.
Sanction of final with
drawal of GIS Saving
fund insurance fund
to all categories of
employees.
Power delegated
various items in
respect of office
expenses, purchases,
vehicle repairs etc.
Distribution of Grants
of all concerned
Heads &
Reappropriate Sub
head to sub head
Yes these
Powers are
exercised
By
commissioner
-do-
-do-
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9. As per Bombay
Civil Service Rules.
Old rule
599
within the same major
head.
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.
-do-
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)
2)
3)
Delegation of Financial and Administrative powers
Yes,
As
Commission
Yes,
As
Commission
Yes,
As
Commission
Govt. of Maharashtra
Finance
Deptt. Resolution No.
DFP/1080 CR-
564/GEN.5Dated 29th
May1984
Government of Maharashtra
revenue & Forests Deptt
Resolution
No.JPS/1082/CR.175/82 E.8
Dated 23rd
june,1986
Govt. of Maharashtra
revenue and Forests Deptt.
No.JSP/1085/CR.417/85 E8
dt 2nd
Dec. 85
Condemn
Government
Vehicles. Upto
Rs.1.00 Lakh in
each case.
Ordinary
maintenance
excluding
running
expenses on
petrol, oil &
disilled water
etc. Major,
Miner repairs
excludingreplacement of
tyres & tubes.
Per vehicle per
annum
Rs.12.000/-
Petrol upto
35.000 Leters
per years.
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4)
5)
1)
Inspection of revenue
Officers Paragraph 43
1)&2)of
chapters 18 of
Administrative
ReorganizationCommittees
Maha. Schedule
Commodities
Order 24
1)All Collectors
Withn a period
of two years.
2)Two Prant
officers peryear.
3)Two Taluka
offices per year.
The dicide
appeals under
mah schedule
Commodities
Regulation
Distributionorder 1975
As regional
head of Deptt.
for appointment
Of class III and
class IV
servants in the
region
Administrative
and Financial
power in respect
of contingencies
and G.P.F. with
drawed etc.
For
commissioner
Division Nashik
Yes,
As
Commission
Yes,
As
Commission
Govt. of Maharashtra
revenue and Forests Deptt.Resolution No. INS
1069/2527/T. Dated 1st
Sept.
1071
Maharashtra Schedule
commodities (Regulations
and distributor order 1975
Weights and Measures Section
Bombay Weights and
Measures (Enf) Act 1958
-1098-604-2
$ 17-11-78
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1)
2.
3.
INFORMATION REGARDING THE POWERS EXERCISED
BY THE COMMISSIONER UNDER VARIOUS AND GOVT.ORDERS.
Maharashtra controller
cloth (Regulation of
Distribution )order 1975
dated 25th
march 1975
The Rice Milling Industry
(Rgd Act 1958 Dy. Secretary
D.O.No
RMS/1085/1389/84(188)
dt.13/3/1987
Maharashtra (Discipline &appeal ) rule 1975.
Order 2 (I)
The Rice
milling industry
(Regulation Act
1956 us section
19(read with
sec5)
The sanction
the licenses of
new controlled
cloth and
yearly renewal
of it to checked
verify 10th
shuns cancel
suspending etc.
To sanction the
Rice milling
licenses
Commissionerhave 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
To decide the
appeals under
Essential
commodities
Act.1955
Thoufh of the
Presen exerci
Commis
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.
2.
3.
4.
5.
The Bombay Tenancy &
Agril. Lands Act 1948
- do
- do
The Maharashtra landRevenue code and terancy
laws (Amendment Act
1974 )(Maharashtra No.
xxxv ot 1974
The MaharashtraRestoration of lands to
76-A
63(1)
88D(IV)
36(3) ofM.L.R.C.
1966
Sec7
Reference to made to
the colln for revision
where no apreal has
been filed within the
period presonibed.
Proposals to be sent to
Govt. for extension of
neriod rule 36 (4)
Revocation of
certificate granted u/s
88c of the Act if the
person exceeds an
aoernonic holding
Appeal/Revisionsapplication 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
Provisional powers
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6.
7.
8.
scheduled tribes Act 1974
Act No. xIV of 1975
The Bombay Prevention
of fragmentation and
consolidation of HoldingAct 1957
Mah. Agricultural lands
(ceiling on holdings )
Act.1961
- do-
Sec. 31 (B)
Sec. 35
Section
45-2
45-A
To call for and
examine the record of
any case pendingbefore or disposed of
by such officer and
may pass such order
The Comm. may sue-
motet 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 anyenquiry under those
sections any pass 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.
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 inquiryand pass 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.
10.
11.
-do-
-do-
Bombay Inferior villaga
watans (Abolition) Act
1958
25 (4)
14 (3)
14 (3)
compensation if the
Compensation excee
ds twenty-five the
usand rupees but net
exceed fiftv thousand
rupees, shall bedetermined 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 commrmay 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
Section or
rule No.
Brief Description of the powers Whether this
power is
exercised as
commissioner
as any other
designation1.
2.
3.
4.
5.
6.
7.
8.
Maharashtra
bills perished
and
panchayat
Samitis
Act.1961
-Do-
-Do-
-Do-
-Do-
-Do-
Maharashtra
Billn
Panchayat
Samitis
Act-1961
-do-
Section
197 (1)
Section
197(1)
Section
211
Section
212
Section
40 (2)(ii)
Section
62 (3)
Section
82 (3)
Section
To pass 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.
To direct, on enquiry, to stop the
use of any place in the district
used for the disposal of the deedif it is in such a state as to become
injurious to health.
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.
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.
To decide a question if arises
whether a vacancy has occurredin the office of (i) canceller
Member of the pancheyat Samiti
And Member of standing
committee and subject committee
and his decision thereon is final.
To decide the dispute arising as
As
Commissioner
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9.
10.
-do-
-do-
45(4)
Section
68(4)
Section
81(4)
Section
100 (10)
to the validity of the election of a
president or vice president of a
Zilla perishad
And a chairman or Deputy
Chairman of a panchayat Samiti
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 groundor 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.
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. 1 2 3 4
6 Maharashtra
Zilla Parishad
and panchayat
Samitis 1961
Section 267
A(1)
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.
As commissioner
6 Maharashtra
Zilla Parishad
and panchayat
Samitis 1961
Section 267
A(2)
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
As commissioner
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given or issued under Section
261(1)
7 Maharashtra
Zilla Parishad
and panchayat
Samitis 1961
Section 268(3) To confirm or modify the
direction given by the
Collector to the Zilla Parishad
for the execution of anyextraordinary work in case of
emergency.
As commissioner
8 Maharashtra
Zilla Parishad
and panchayat
Samitis 1961
Section 272 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
administration.
As commissioner
9 Maharashtra
Zilla Parishadand panchayat
Samitis 1961
Section 282(2) To Pass such order as he may
deem fit if one local suthorityhas not accepted the proposal
of the other local authority or
there is any difference of
opinion between two local
authorities.
As commissioner
10 Maharashtra
Zilla Parishad
and panchayat
Samitis 1961
Powers and functions of the
State Government under
section 246 (vide Note under
Sr.No.47 under the powers of
the State Government.)
As Commissioner
10 Maharashtra
Zilla Parishadand panchayat
Samitis Act,
1961
Section 110(3) To assign to the District Fund
of each Zilla Parishad suchportion 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.
As commissioner
11 Maharashtra
Zilla Parishad
and panchayat
Samitis Act,
1961
Section 262 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.
As
Commissioner.
12 Maharashtra
Zilla Parishad
and panchayat
Samitis Act,
1961
Section 263 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 Committeeor any Panchayat Samiti or
As commissioner.
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call for any returns etc.
13 Maharashtra
Zilla Parishad
and panchayat
Samitis Act,
1961
Section 264 To inspect any records,
register or other document
from the office of the Zilla
Parishad by himself or by any
person, not below the rank of aCollector in case of a Zilla
Parishad, or a Deputy
Collector in cases of a
Panchayat Samiti duly
authorized by him.
As commissioner.
14 Maharashtra
Zilla Parishad
and panchayat
Samitis Act,
1961
Section 265 To prevent ectravagance in
establishments or wasteful
expenditure of the Zilla
Parishad.
As commissioner.
15 Maharashtra
Zilla Parishadand panchayat
Samitis Act,
1961
Section 267(2) To rescind, in his discretion,
the order made by the DistrictMagistrate 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.
As commissioner.
Maharashtra
Zilla Parishad
District(Recruitment)
Rules 1976.
5(2) Relaxation of qualifications in
respect of age, education,
experience etc.
As commissioner.
Maharashtra
Zilla Parishad
District
(Recruitment)
Rules 1976.
6(2) Relaxation of ratio of
nomination & promotion.
As commissioner.
Maharashtra
Zilla Parishad
District
(Recruitment)
Rules 1976.
6(10) Change in the cadre As commissioner.
Bombay village
Panchayat Act,
1958
145 1 A Dissoultion of village
Panchayat
As commissioner.
Bombay village
Panchayat Act,
1958
267 A Suspensation of Zilla Parishad
Resoution and orders.
As
Commissioner.
Maharashtra
civil services
Rules (Pension)
1982.
101, 102 1. Sanction ofcompensionate
2. Pension to ZillaParishad Servants.
3. Issue of NoDepartmental Enquiry,
As
Commissioner.
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No dues certificate in
respect of Class I &
Class II
Maharashtra
Civil Services
(Leave) Rules,1981.
16, 63, 74, 75,
76, 79, 80, 83,
84 etc.
Sanction of leave more than 90
days (Extra ordinary) and
other kind of leaves like T.B.Leave,
As
Commissioner.
Maharashtra
Civil Services
Pay Rules 1981
56 Pay and increments, sanction
of addl. Pay more than 6
months and within one year.
As Commissioner
Maharashtra
Zilla Parishad &
Panchayat
Samiti (D & A)
Rules 1964 Rule
13, 14, 15 & 24
1. All kind of serviceappeals / Revision /
Revision applications
of Zilla Parishad
servants, permissible
under the said Rules.
2. Taking cognizance inthe receivingcomplaints against
Zilla Parishad
servants.
As commissioner
Government
orders (Rural
Development
Department)
dated 10-10-
1974
First 3 months extention of
time limit Department
Enquiry cases against Zilla
Parishad servants.
As commissioner.
Maharashtra
Zilla Parishad &
Panchayat Samit(Dist. Service)
Rules 1968. Rule
10.
1. Exercise of all powersof State Government in
respect of leave, pay,pension, seniority etc.
in case of Zilla
Parishad servants.
As commissioner.
Bombay General
Provident Fund
Rules, Rule 14,
15
Grant of G.P.F. advances to
officers of Class II & I
M.D.S. cadres.
As commissioner.
Watching progress of various
Govt. Schemes.
As commissioner.
Bombay Wild
Animals Act,Rule 6
Controlling epidemic under
the Bombay wild animals Act.
As commissioner.
Maharashtra
Zilla Parishad
and Panchayat
Samiti Act, 1961
95/2, 262, 263,
264.
Inspection of Zilla Parishads
and Panchayat Samitis
4 Z.Ps & 10 P.S every year.
As commissioner.
Maharashtra
Zilla Parishad &
Panchayat
Samitis Act.
02 Appointment and transfer and
promotion.
B.D.O.S Class II
As commissioner
Maharashtra
Zilla Parishad
Rule 1969.
13 Appoinment, Seniority pay
and allowances
Class II
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
(Recruitment) Promotion
Class II
As commissioner.
Maharashtra
Civil Service
Discipline and
Appeal Rule
1979
MaharashatraCivil conduct
Rule 1979.
Departmental Enquiry As
commissioner.s
ENTERTAINMENT
Name of the Act Rules
& Govt. orders under
which powers are
given.
Section or
Rule No.
Brief Description of the
power.
Whether his power is
exercised as
Commissioner or as
any other designation.
The Bombay
Entertainments Duty(Amendment) Act,
1987
Section 3 (J) Power to remit the duty
where no show has beenexhibited continuously for
the entire week.
Commissioner
- Do - Section 10 A Appeal against the orderpassed under Section 4B of
the Act.
- Do -
The Bombay ENT
Duty (Amendment)
Act, 1987
8 Power to authorize Revenue
officer as Inspecting officer.
- Do -
Bombay
Entertainment Duty
Rules, 1958
Rule
14
Appellate authority for the
order passed by the Collector
for forfeiture of Security
Deposit.
- Do -
Govt. inR. &
F.D.Resolution
No.ENT/1082/1411-
I.S.(II) dt.30.10.82
- To have effective Control
over the implementation of of
B.E.D. Act. & Rules and
Adv. Tax Act, 1976 and
Rules.
Commissioner.
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 Administration. He isalso 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 Whether this power is
exercised as
Commissioner or as
any other
designation.
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.
Power is exercised as
Commissioner.
2 Govt. order B & F.D.
No.LON/1803/(2970)/A-
2, dt.20/3/1985. Land
Acquisition clause 243.
- 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.
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 Administration as per notification No.MUG5457/2194/UD-
10 (A) under section 74 of the Act for performing the duties of the State Government or theDirector of the Municipal Administration. The Addl. Commissioner has also been appointed as
a Regional Director of Municipal Administration for its respective division as per Government
in Urban Developments 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
presidents 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 passed by the Municipal Council.
92(3) Grant of transfer of Municipal property above seven
years.
97 Application of Municipal funds out side of the Municipallimit 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 passed 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 Municipalmatters.
318 To decide revision applications in relating any order
passed 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-1780-
10/(21)-TRA-7
dt.3-7-1981
To preside over the
meeting
As Chairman of the
Airport
Environmental
ManagementCommittee 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 scrutinyCommittee
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 administrative
approvals of plans and
estimates to construct
and repair Govt. offices
As Commissioner
- Do - Allotment of Govt.Quarters to
Govt.servants and
officers
As chairman of
Accomodation
Allotment Committee
Govt. in GAD circular
No.
Niriksha/1035/57/18/0
& M dated 26-4-1985
O and M implementation
as per Govt. orders.
Norms : 3 offices
Rev.and Z.P. during the
year
As the Divisional O
and M officer
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(PLANNING SECTION)
Sr.
No.
Subject Matter Govt. Orders Description
powers
Particulars
1 20 Point
Programme
1 D.O.latter from the Chief
Secretary Mah.StateNo.DRM/1083/C.R.-95/TPP-1
(planning) dt.22 July 1983.
2 Circular No.TPP/1084/C.R-
3/TPP-I, dated 17 Jan. 1985.
Quarterly Review
Completion of Quarterly
Progress Reports at
Divisional Level.
2 District Level
Scheme
1 Planning Department
Resolution No. DVI-1080/CR-
9/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 institutionalof 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 ExecutiveCommittee 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 theCADA 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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1 2 3 4 5
5
,,!"#1083/311()"+.18-,1984
""",))"?(
6 """:;. ":"1085/17/:1,+.16?
=1985
"+""ABC".
1""":D""!#E"D"="!#F+""!#GH":
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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.
No.
Name of the Act/Rule
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 Maharashtra
Employment Guarantee
Act, 1977
6 A The Maharashtra Employment
Guarantee Act, 1977 has been
passed to make effective
provisions for securing the
right to work by guaranteeingemployment 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 toCommissioner to such extent as
Govt. may direct.
Powers are exercised
as "Commissioner"
only.
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 administrative approval to the Plans & Estimates for the E.G.S. workscosting 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 availableadequate number of works under E.G.S.
To santion establishment of various departments like Forest, Agriculture, Public Worksetc. 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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B.+OO(.......#. P"
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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.
Sections or Rule
No.
Brief description or
Power
Whether this power
is exercised as
Commissioner or as
any other
designation.
Maharashtra Resettlement
Project Displaced person
Act 1985
Govt.
Reso.No.1089/C.R.150/R.a.Dated. 1/1/90
Power to accord
administrative
approval for the
works worth above 1
Lakh & up to to 10
lakhs.
(The work of Civic
amenities as per
Govt. prescribed
norms.)
As a Commissioner
of the Division.