Vidhi Codex

Bare Act

The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Infrastructure1961333 of 277 sections available18 chapters

This law establishes and governs the administrative structure of local self-government in Maharashtra, specifically creating Zilla Parishads at the district level and Panchayat Samitis at the block level. It outlines the powers, functions, and procedures for these bodies to plan and execute development schemes, manage finances, and conduct elections. By defining the roles of elected representatives and appointed officers, the Act ensures decentralized governance, allowing rural communities to manage their own affairs and receive state support for local infrastructure and public services.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Division into administrative areas.
  4. 4Constitution of Districts.
  5. 5Constitution of Blocks.

Chapter II CONSTITUTION OF ZILLA PARISHADS →

  1. 6Establishment of Zilla Parishads.
  2. 7Parishad authorities and organisation thereof.
  3. 8Incorporation of Zilla Parishads.
  4. 9Constitution of Zilla Parishads.
  5. 9AState Election Commission.
  6. 10Election and term of office of Councillors, etc.
  7. 10AManner of voting.
  8. 11Commencement of term of office of Councillors.
  9. 12Division of District into electrol divisions.
  10. 12APerson contesting election for reserved seat to submit Caste Certificate and Validity
  11. 13List of Voters.
  12. 14Date of election.
  13. 15Persons qualified to be elected.
  14. 15AVacation of seats.
  15. 15BDisqualification by State Election Commission.
  16. 16Disqualifications.
  17. 17Right to vote.
  18. 18Provided that, nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
  19. 19Requisitioning of premises, vehicles, etc., for election purposes.
  20. 20Payment of compensation.
  21. 21Power to obtain information.
  22. 22Power to entry into and inspection of premises, etc.
  23. 23Eviction from requisitioned premises.
  24. 24Release of premises from requisitioning.
  25. 25Penalty for contravention of any order regarding requisition.
  26. 26Power to declare persons elected in certain contingencies.
  27. 27Determination of validity of elections; enquiry by Judge: Procedure.
  28. 28Disqualification arising out of conviction and corrupt practices.
  29. 28APromoting enmity between different classes in connection with election.
  30. 28BProhibition of public meetings on day before or on day of election.
  31. 28CDisturbances at election meetings.
  32. 28DRestriction on printing of pamphlets, posters, etc.
  33. 29Prohibition of canvassing in or near polling stations.
  34. 30Penalty for disorderly conduct in or near polling stations.
  35. 31Penalty for misconduct at polling stations.
  36. 32Maintenance of secrecy of voting.
  37. 33Officers, etc., at elections not to act for candidates or influence voting.
  38. 33APenalty for illegal hiring or procuring of conveyances at elections.
  39. 34Breaches of official duty in connection with elections.
  40. 35Removal of ballot papers from polling station to be offence.
  41. 36Other offences and penalities therefor.
  42. 37Prosecution regarding certain offences.
  43. 38Resignation of Councillors.
  44. 39Removal of Councillors for misconduct, etc.
  45. 40Disqualification of Councillors during term of office.
  46. 41Casual vacancies how to be filled up.
  47. 42Election of President and Vice-President.
  48. 43Term of office of President and Vice-President.
  49. 45Procedure for election of President and Vice-President.
  50. 46Honorarium and other facilities to President.
  51. 47Leave of absence to President and consequential provisions.
  52. 48Resignation of President and Vice-President.
  53. 49Motion of no-confidence against President or Vice-President.
  54. 50Removal of President, or Vice-President.
  55. 51Consequence of absence of President without leave.
  56. 52Vacancies in office of President and Vice-President to be filled up.
  57. 53Penalty for refusal to hand over charge to new President or Vice-President.
  58. 54Powers and functions of President.
  59. 55Functions of Vice-President.

Chapter III CONSTITUTION OF PANCHAYAT SAMITIS →

  1. 56Establishment of Panchayat Samitis.
  2. 57Constitution of Panchayat Samitis.
  3. 58Provisions regarding
  4. 58AManner of voting.
  5. 59Term of office of members of Panchayat Samiti.
  6. 59ANomination of members.
  7. 60Resignation of office as member of Panchayat Samiti.
  8. 61Removal of member for misconduct.
  9. 62Disqualification of members of Panchayat Samiti.
  10. 62ADisqualification by State Election Commission.
  11. 63Casual vacancies how to be filled up.
  12. 64Election of Chairman and Deputy Chairman of Panchayat Samitis.
  13. 65Term of office of Chairman and Deputy Chairman of Panchayat Samitis.
  14. 67Procedure for election of Chairman of Panchayat Samiti.
  15. 68Election of Deputy Chairman.
  16. 68APower of Commissioner to decide disputes regarding validity of election of
  17. 69Honoraria and allowance to Chairman and Deputy Chairman of Panchayat
  18. 70Leave of absence to Chairman and Deputy Chairman of Panchayat Samiti and consequential provisions
  19. 71Resignation of Chairman and Deputy Chairman.
  20. 72Motion of no-confidence against Chairman or Deputy Chairman of Panchayat
  21. 73Removal of Chairman or Deputy Chairman of Panchayat Samiti for misconduct, etc
  22. 74Consequence of absence of Chairman or Deputy Chairman without leave.
  23. 75Casual vacancies in office of Chairman and Deputy Chairman to be filled up.
  24. 75APenalty for refusal to hand over charge to new Chairman or Deputy
  25. 75BPower of State Government to authorise officer to exercise powers and perform
  26. 76Powers and functions of Chairman of Panchayat Samiti.
  27. 77Powers and functions of Deputy Chairman of Panchayat Samitis.
  28. 77ACommittee of Sarpanchas.

Chapter IV COMMITTEES →

  1. 78Appointment of Standing Committee, Subjects Committees and other
  2. 79Constitution of Standing Committee.
  3. 79AConstitution of Water Management and Sanitation Committee.
  4. 80Constitution of Subjects Committees.
  5. 81Election to Committees.
  6. 82Term of office of members of Standing Committee and Subjects Committees.
  7. 82AResignation of members of Standing or Subjects Committees.
  8. 82BCasual vacancies how to be filled up.
  9. 83Chairmen of Subjects Committees.
  10. 84Honorarium to Chairman of Subjects Committees.
  11. 84APower of State Government to vary amount of honorarium by order
  12. 85President, Vice-President, Chairman and Deputy Chairman of a Panchayat Samiti or the Chairmen of Subjects Committees.
  13. 86Resignation of Chairman of Subjects Committee.
  14. 87Motion of no-confidence against Chairman of Subjects Committee.
  15. 88Removal of Chairman of Subjects Committee.
  16. 89V] The Maharashtra Zilla Parishads and Panchayat 77 Samitis Act, 1961 Provided that, no Chairman shall be removed from office unless he has been given an opportunity to furnish his explanation.
  17. 90Casual vacancy in office of Chairman of Subjects Committee.
  18. 90ACommittee, he shall be deemed to have ceased to be the Chairman of the other Subjects Committee.
  19. 91Powers and functions of Chairman of Standing Committee and of Subjects
  20. 91AChief Executive Officer) or Class II Service holding office under the Zilla Parishad.
  21. 91BPower of State Government to authorise officer to exercise powers and perform
  22. 92Duties, procedure, etc., of Committees to be prescribed by regulations.

Chapter V EXECUTIVE OFFICERS →

  1. 94Appointment of Chief Executive Officer and Deputy Chief Executive
  2. 95Powers and functions of Chief Executive Officer.
  3. 96Delegation of powers of Chief Executive Officer.
  4. 96AAppointment of Executive Officer and his powers and functions.
  5. 97Appointment of Block Development Officer.
  6. 98Powers and functions of Block Development Officer.
  7. 99Powers and functions of Head of Department of Zilla Parishad.

Chapter VI Chapter VI →

  1. 100Administrative powers and duties of Zilla Parishad.
  2. 101Panchayat Samiti to be primarily responsible in respect of certain subjects.
  3. 101APower of Panchayat Samiti to incur expenditure from block grant.
  4. 102Power of Zilla Parishad to construct other works and manage other institution
  5. 103Power of State Government to transfer works and development schemes.
  6. 104Provided that, in every such case, such funds as may be agreed upon shall be placed at the disposal of the Zilla Parishad by the State Government.
  7. 105Power to compromise.
  8. 106Powers and functions of Zilla Parishad.
  9. 107Duties of Zilla Parishad during
  10. 108Powers and functions of Panchayat Samiti.
  11. 108APanchayat Samiti to conform to instruction given by Zilla Parishad.
  12. 109Powers and functions of Standing Committee and Subjects Committees.
  13. 110Joint Committees of two or more Zilla Parishads.

Chapter VII CONDUCT OF BUSINESS →

  1. 111Meetings of Zilla Parishads.
  2. 112Concillor may act during vacancy; acts of Zilla Parishads etc., not to be invalideted by informalities
  3. 113Dignitaries to address meeting.
  4. 114President may require the presence of certain Government officer at meetings of Zilla
  5. 115President may circulate written propositions.
  6. 116Mode of execution of contracts.
  7. 117Meetings of Panchayat Samitis.
  8. 118Sections 111, 112 and 115 to apply to meetings of Panchayat Samitis.
  9. 119Meetings of Standing Committees and Subjects Committees.
  10. 120Chairman may require attendence of Government officers at meetings of Standing or
  11. 121Chairman of Standing Committee or Subjects Committee may circulate written propositions
  12. 122Meeting of Committees to be convened in certain cases.

Chapter VIII EXECUTION AND MAINTENANCE OF WORKS AND DEVELOPMENT SCHEMES →

  1. 123Entrustment of execution of development schemes to Zilla Parishad.
  2. 124Zilla Parishad or Panchayat Samiti under that sub-section with effect from such date as may be specified in the order.
  3. 125Sanction for undertaking works or development schemes.
  4. 126Contracts for works or development schemes.
  5. 127Power of State Government or officer to inspect and give technical guidance, etc.

Chapter IX Chapter IX →

  1. 128Power of Zilla Parishad to acquire and lease, sell or transfer property.
  2. 129Property of Zilla Parishad.
  3. 130District fund, its custody and investment.
  4. 130ABorrowing of money.
  5. 131Creation of special fund.
  6. 132District fund where to be expended.
  7. 133General charges to be defrayed.
  8. 134How district fund shall be drawn against.
  9. 135Accounts to be kept in form prescribed by State Government.
  10. 136Preparation of statement of accounts and publication of abstracts of accounts
  11. 137Preparation of annual budget estimates of income and expenditure.
  12. 138Revised or supplementary budget estimates may be made when necessary
  13. 139Budget estimates and reappropriations when to be approved.
  14. 140Government may by general or special order specify in that behalf.
  15. 141Act] no sum shall be expended by or on behalf of any Zilla Parishad, unless such sum is included in some budget estimate at the time in force which has been approved as aforesaid.
  16. 141ARecovery of sum due to Zilla Parishad as arrears of land revenue.
  17. 142Administration report.
  18. 142APower of Accountant General to check accounts of Parishads and Samitis.

Chapter X TAXATION →

  1. 143Application of Chapter.
  2. 144Levy of
  3. 145Rules for assessment.
  4. 146Levy of cess on water-rate.
  5. 147Manner of levying cess described in section 144.
  6. 148Manner of levying cess described in section 146.
  7. 149Assistance to superior holders.
  8. 150Collection and credit of local cess on water rate.
  9. 151Provided that, where one of the local authorities is a Cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government.
  10. 152Levy of
  11. 153Collection and credit of local cess of land revenue.
  12. 154Suspension and remission of local cess.
  13. 155Zilla Parishad’s
  14. 157Taxes which may be imposed by Zilla Parishad.
  15. 158Stamp duty on certain transfer of immovable property.
  16. 159Procedure of Zilla Parishad preliminary to imposing tax.
  17. 160Procedure for abolishing or varying a tax.
  18. 161Procedure in cases of non-payment of fee.
  19. 162Publication of sanctioned rules with notice.
  20. 163Compulsory general and special water taxes imposed by Zilla Parishad to be collected by panchayats
  21. 164Default in payment by panchayat and recovery from its moneys.
  22. 165Powers of State Government to suspend levy of objectionable taxes.

Chapter XI COLLECTION OF TAXES OR FEES →

  1. 166Presentation of bill for amount of tax or fee.
  2. 167Issue of Warrant.
  3. 168Warrant by whom to be signed.
  4. 169To whom warrant should be addressed.
  5. 170Power of entry under special order.
  6. 171Warrant how to be executed.
  7. 172Sale of goods distrained; application of proceeds of sale and surplus how dealt with
  8. 173Distraint and sale outside district.
  9. 174Fees and cost chargeable.
  10. 175Appeals to Magistrates.
  11. 176Liability of lands, buildings, etc., for rates.
  12. 177Suspension of power to recover by distress and sale.
  13. 178Framing of tolls or certain fees.
  14. 179Receipt to be given for all payments.

Chapter XII FINANCIAL ASSISTANCE TO ZILLA PARISHADS →

  1. 180Payment of a sum equal to 70 per cent. of average land revenue, etc., to each Zilla
  2. 181AGrant of
  3. 182Purposive grants.
  4. 183Establishment grant.
  5. 184Deficit Adjustment grant.] Deleted by Mah. 15 of 1969, s. 11, with effect from
  6. 185Local cess matching grant.
  7. 186Incentive grants.
  8. 187Grants for Plan Schemes.
  9. 188Block grant.

Chapter XIII SANITARY AND OTHER POWERS →

  1. 190Power to enter and inspect, etc., buildings.
  2. 191Filthy buildings, etc.
  3. 192Powers and duties with regard to sources of water supply.
  4. 193Remedy on non-compliance with directions issued.
  5. 194Power to set apart public springs, etc., for certain purposes.
  6. 195Penalty for using places set apart for other purposes.
  7. 196Abatement of nuisance from foul water.
  8. 197Closing of places for disposal of dead.
  9. 198Chief Executive officer, etc., to have power of entry for inspection into buildings, etc.,
  10. 199Zilla Parishad to notify places for washing and disinfecting articles, exposed to
  11. 200Obstructions and encroachments upon public roads, land or building.
  12. 201Powers of inspections of weights and measures, etc.
  13. 202Numbering of premises.
  14. 203Vesting of market rights.
  15. 204Power of State Government to apply these provisions to villages.
  16. 205Provision as to licences required for private markets.
  17. 206Procedure to be followed in claiming right to levy fees.
  18. 207Grounds of decision on claim to levy fees.
  19. 208Suit for establishing right to levy fees.
  20. 209Fee for licence.
  21. 210Suspension or cancellation of licence.
  22. 211Appeal against orders of Zilla Parishad.
  23. 212Failure to grant a licence and applications against such order.
  24. 213Penalty for unlicensed markets.
  25. 214Provision regarding public markets applicable to fairs, etc.
  26. 215Power of State Government to apply these provisions to local areas.
  27. 216Provisions of public stands.
  28. 217Prohibition of use of public place, or side of public roads as cart stand, etc.
  29. 218Executive Officer by a general or special order.
  30. 227Service of notices, etc., addressed to individual.
  31. 228Service of notices on owners or occupiers of lands and buildings.
  32. 229Public and general notices how to be published.
  33. 230Defective form not to invalidate notice or bill.
  34. 231Executive Officer shall be paid by the person or persons upon whom the notice was served, and shall be recoverable in the manner provided in section 233.
  35. 232Zilla Parishad in default of owner or occupier may execute works and recover expenses
  36. 233Expenses of costs how determined and recovered.
  37. 234Power of Chief Executive Officer to prosecute.
  38. 235Damage to any Zilla Parishad property how made good.
  39. 236Alternative procedure by suit.
  40. 237Powers of police officers.

Chapter XIV PROVISIONS AS TO SERVICES →

  1. 238Interpretation.
  2. 239LXI of 1947), and such other body as the State Government may by general or special order specify in this behalf.
  3. 240Certain officers of existing boards to become officers of State Government.
  4. 241Transfer of certain persons in employ of existing boards to Zilla Parishad.
  5. 242Provided further that, any service rendered under the existing board by any such person shall be deemed to be service under the Zilla Parishad.
  6. 242ATransfer of certain Zilla Parishad servants to services of State Government.
  7. 242BAppointment of certain Zilla Parishad employees in Class I or Class II and General
  8. 242CTransfer of certain employees to Zilla Parishads.
  9. 242DGovernment, the Board or, as the case may be, the Development Agency.
  10. 242BBEligibility for appointment of certain employees of District Technical Services
  11. 243Determination of initial strength and composition of each service.
  12. 243APower of State Government to lay down staffing pattern, etc.
  13. 244Initial appointment of officers and servants.
  14. 245Salaries and allowances of Government servants posted under Zilla Parishad to be drawn
  15. 246Power of officers and servants to exercise option to become officers and servants of
  16. 247No compensation payable for transfer of service.
  17. 248Recruitment and conditions of service of persons serving Zilla Parishad.
  18. 249Validation of certain appointments.
  19. 252Schedule of Establishment tok be prepared and sanctioned by Zilla Parishad.
  20. 253Power of Zilla Parishad to appoint persons on contract.
  21. 253APower of State Government to allot Government servants, etc., for a limited period
  22. 253BPower of State Government to depute Government servants to District Services.
  23. 253CProvision for voluntary allotment or premature retirement of Government
  24. 253BBPower of State Government to depute Government employees to District
  25. 253CCState Government or on deputation to the Zilla Parishad, pending such final allotment or retirement.
  26. 253BBBPower of State Government to depute employees of Maharashtra Jeevan

Chapter XV ALTERATION OF BOUNDARIES OF DISTRICTS AND BLOCKS →

  1. 254Power of State Government to alter boundaries of District.
  2. 255Power of State Government to make suitable provision by order when a District is altered
  3. 255AAbolition of Districts.
  4. 256Power of State Government to alter boundary of Block.
  5. 257Power of State Government to make suitable provision by order when Block is altered
  6. 257ADivision of Block or Blocks and its consequences.

Chapter XVI CONTROL →

  1. 258Inquiry into affairs of Zilla Parishad.
  2. 259Power of State Government to provide for performance of duties in default of Zilla
  3. 260Power of State Government to dissolve
  4. 261House of the State Legislature as soon as possible after it is issued.
  5. 261APower of State Government to recover expenditure from grants etc., for operating
  6. 262Commissioner to call meeting of Zilla Parishad Committee or Panchayat Samiti.
  7. 263Power of inspection and supervision.
  8. 264Parishad or any Committee thereof or of any Panchayat Samiti to furnish.
  9. 265Power of Commissioner to prevent extravagance in establishments
  10. 266Power of Collector to call for information relating to affairs of Zilla Parishad.
  11. 267Zilla Parishad relating to its affairs and it shall be the duty of the Zilla Parishad to comply with the requisition made by the Collector.
  12. 267ACommissioner’s power of suspending execution of unlawful order or resolution of
  13. 268Emergency power of Collector.
  14. 269Power of State Government to dissolve
  15. 270Power of State Government to make special rules for certain matters.
  16. 271Power of State Government to transfer staff employed in connection with the public
  17. 272Power of State Government and of Commissioners over Collectors, etc.
  18. 273Delegation of powers by State Government.

Chapter XVII RULES, REGULATIONS AND BYE-LAWS →

  1. 274Rules.
  2. 275Regulations.
  3. 276Bye-laws.

Chapter XVIII MISCELLANEOUS →

  1. 277Penalty for Councillor, officer or servant of Zilla Parishad having interest in any
  2. 278Councillors, etc., of Zilla Parishads, etc., to be public servants.
  3. 279Delegation of powers by Heads of Departments of Zilla Parishad.
  4. 280Limitation of suits, etc.
  5. 281Power of Zilla Parishad to delegates its powers.
  6. 282Joint meeting of two or more local authorities.
  7. 283Utilisation of portion of revenue paid to municipalities, etc.
  8. 284Special provisions for recovery of land revenue and for carrying out functions and duties
  9. 285Acquisition of land.
  10. 285APower of State Government to appoint head quarters of Zilla Parishads and
  11. 287Power of State Government to adopt laws.
  12. 288Transitory provisions and savings.
  13. 289Removal of difficulties.
  14. 290Repeal.

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