MAHARASHTRA ORDINANCE No. XXVII OF 2016.

AN ORDINANCE

further to amend the Maharashtra Settlement of Arrears in Disputes Act, 2016.

WHEREAS both Houses of the State Legislature are not in session ;

AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to amend the Maharashtra Settlement of Arrears in Disputes Act, 2016 (Mah. XVI of 2016.), for the purposes hereinafter appearing;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely -

1. Short title and commencement

(1) This Ordinance may be called the Maharashtra Settlement of Arrears in Disputes (Third Amendment) Ordinance, 2016.

(2) It shall come into force at once

2. Amendment of section 2 of Mah. XVI of 2016.

In section 2 of the Maharashtra Settlement of Arrears in Disputes Act, 2016 (Mah. XVI of 2016) as amended by the Maharashtra Settlement of Arrears in Disputes (Amendment) Ordinance, 2016 (Mah. Ord. XXIII of 2016) and the Maharashtra Settlement of Arrears in Disputes (Second Amendment) Ordinance, 2016 (Mah. Ord. XXIV of 2016)(hereinafter referred to as "the principal Act"), in sub-section (1), in clause (2), for the figures, letters and word "15th November 2016" the figures, letters and word "30th November 2016" shall be substituted.

3. Amendment of section 4 of Mah. XVI of 2016.

In section 4 of the principal Act, for sub-section (1), the following shall be substituted, namely :-

"(1) The applicant who desires to settle the arrears in dispute shall submit the application to the designated authority, upto the 30th November 2016 in such form and in such manner as may be prescribed :

Provided that, the proof of payment of the requisite amount determined as per sub-section (1) or (2) of section 6 of this Act shall be submitted on or before the date prescribed in this behalf".

4. Amendment of section 5 of Mah. XVI of 2016.

In section 5 of the principal Act for the figures, letters and word " 15th November 2016" the figures, letters and word " 30th November 2016 " shall be substituted.

STATEMENT

With a view to provide for settlement of arrears in dispute under the various Acts administered by the Sales Tax Department, the Maharashtra Settlement of Arrears in Disputes Act, 2016 (Mah. XVI of 2016) has been enacted. The said Act provides that, the applicant who desires to settle the arrears in dispute to submit an application to the designated authority upto 30th September 2016, with a view to give more time to dealers to amicably settle the disputes relating to payment of tax and to facilitate compliance under the said Act. It was proposed to extend the said date upto 15th November 2016. For the purpose, the Governor of Maharashtra has promulgated the Maharashtra Settlement of Arrears in Disputes (Second Amendment) Ordinance, 2016 (Mah. Ord. XXIV of 2016), on the 30th September 2016.

2. It has become necessary to give more time to dealers to amicably settle the disputes relating to payment and to facilitate compliance under the said Act, it is proposed to extend the said date upto 30th November 2016. It is further proposed to provide different dates for submission of application and for submission of proof of payment under the said Act. The Government, therefore, considers it expedient to amend sections 2, 4 and 5 of the said Act, suitably.

3. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Maharashtra Settlement of Arrears in Disputes Act, 2016 (Mah. XVI of 2016), for the purposes aforesaid, this Ordinance is promulgated.

By order and in the name of the Governor of Maharashtra,

V. Giriraj,

Principal Secretary to Government.