Chapter V EXECUTIVE OFFICERS

Officer.— (1)There shall be a Chief Executive Officer

1[and one or more Deputy Chief Executive Officers] for every Zilla Parishad who shall be appointed by the State Government.

1. (2) Every Chief Executive Officer and Deputy Chief Executive Officer shall be liable to be transferred by the State Government.
2. (3) If at a special meeting of the Zilla Parishad not less than two-thirds of the total number of Councillors (other than associate Councillors) 2[who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad, vote] in favour of a resolution requiring the State Government to withdraw the Chief Executive Officer from office, the State Government shall withdraw such officer from service under the Parishad.

1. (1) Save as otherwise expressly provided by or under this Act, the executive power for the purpose of carrying out the provisions of this Act, shall vest in the Chief Executive Officer who shall—
   • (a) exercise all the powers specifically imposed or conferred upon him by or under this Act, or under any other law for the time being in force; ***
   • (b) lay down the duties of all officers and servants of or holding office under, the Zilla Parishad in accordance with rules made by the State Government; 4[(c) unless prevented by sickness or other reasonable cause, attend every meeting of the Zilla Parishad, and may, with the permission of the presiding authority, tender information or clarification in respect of any matter under discussion at such meeting.]
2. (2) Subject to the provisions of this Act and the rules made thereunder, the Chief Executive Officer—
   • (a) shall be entitled to— 5[(i) attend the meetings of any Committee of the Zilla Parishad and of any Panchayat Samiti in the District;]
     • (ii) call for any information, return, statement, account or report from any officer or servant of, or holding office under, the Zilla Parishad;
     • (iii) grant leave of absence, for a period not exceeding two months, to Class I and Class II officers; 6[(iiia) make, during the absence on leave or on transfer of any officer, temporary provision for holding charge and the discharge of the functions of the office;]
     • (iv) call for an explanation from any officer or servant of, or holding office under the Zilla Parishad; 7[ 8[(b)shall, subject to any general or special orders, which may, from time to time, be made by the State Government in this behalf, appoint officers and servants in the District

Technical Service (Class III) and District Service (Class III), constituted under clause (b) of

These words were substituted for the words “and a Deputy Chief Executive Officer” by Mah. 6 of 1975, s. 29(a). These words were substituted for the words “constituting the Parishad for the time being vote” by Mah. 6 of 1975, s. 29(b). The word “and” was deleted by Mah. 6 of 1975, s. 30(1)(a). Clause (c) was inserted by Mah. 6 of 1975, s. 30(1)(b). Sub-clause (i) was substituted for the original, by Mah. 6 of 1975, s. 30(2). Sub-clause (iiia) was inserted by Mah. 43 of 1962, s. 13. These clauses were substituted for clause (b) by Mah. 61 of 1977, s. 4, Schedule. Clause (b) was substituted by Mah. 4 of 1987, s. 4.

80 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961 section 239, from the list of candidates selected by such agency or organisation, by whatever name called, as the State Government may, by general or special order, specify;]

1. (bb) shall appoint servants of Class IV service in the prescribed manner;]
2. (c) shall supervise and control the execution of all activities of Zilla Parishad;
3. (d) shall take necessary measures for the speedy execution of all works and development schemes of the Zilla Parishad;
4. (e) shall have custody of all papers and documents connected with the proceedings of meetings of the Zilla Parishad and of its Committees (not being a Panchayat Samiti);
5. (f) shall asses and give his opinion confidentially every year on the work of the officers of Class I service and Class III service holding office under the Zilla Parishad; forward them to such authorities as may be prescribed by the State Goverment and lay down the procedure for writing such reports about the work of officers and servants of Class III service and Class IV service under the Zilla Parishad;
6. (g) shall draw and disburse money out of the district fund;
7. (h) shall exercise supervision and control over the acts of officers and servants holding office under the Zilla Parishad in matters of executive administration and those relating to accounts and records of the Zilla Parishad; and
   • (i) shall exercise such other powers and perform such other functions as may be prescribed by the State Government.

1. (1) Any of the powers conferred or duties or functions imposed upon or vested in the Chief Executive Officer by or under this Act, may also be exercised, performed or discharged under the Chief Executive Officer’s control, and subject to such conditions and limitation, if any, as he may think fit to lay down, by any officer or servant holding office under the Zilla Parishad to whom the Chief Executive Officer generally or specially empowers by order in writing.
2. (2) Every such order of the Chief Executive Officer shall be laid before the President, the Standing Committee and the relevant Subjects Committee or Committees for information.

1. (1) There shall be an Executive Officer appointed by the State Government for every Selected Integrated Tribal Development Project Block as may be identified by the State Government, from time to time.
2. (2) The Executive Officers shall exercise such powers and perform such duties or functions of the Chief Executive Officers, as the State Government may, by any general or special order, confer on, and assign to, them, from time to time, for implementing the Selected Integrated Tribal Development Project].

There shall be a Block Development Officer for every Panchayat Samiti who shall be appointed by the State Government.

1. (1) Subject to the provisions of this Act, and any rules made thereunder, a Block Development Officer may—
   • (a) subject to the general order of the Chief Executive Officer, grant leave of absence to officers or servants of Class III service or of Class IV service of the Zilla Parishad working under the Panachayat Samiti; and
   • (b) call for any information, return, statement, account, report or explanation from any such officer or servant.
2. (2) A Block Development Officer shall— Section 96A was inserted by Mah. 12 of 1994, s. 4.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 81

Samitis Act, 1961

1. (a) have the custody of all papers and documents connected with the proceedings of meeting of the Panachayat Samiti;
2. (b) save as otherwise provided by or under this Act, exercise executive powers in the Block for the purpose of carrying out the provisions of this Act therein;
3. (c) draw and disburse money out of the grant or grants payable to the Panchayat Samiti under 1[sub-section (6) of section 155 and section 188];
4. (d) in relation to works and development schemes to be undertaken from block grants, exercise such powers of sanctioning acquisition of property or sale or transfer thereof as may be specified by the State Government.

Subject to the

provisions of this Act and the rules made thereunder, every Head of the Department of the Zilla Parishad—

1. (a) may, in respect of works and development schemes pertaining to his Department accord techinical sanction thereto;
2. (b) shall assess and give his opinion confidentially every year on the work of officers of Class II service working in his Department and shall forward them to the Chief Executive Officer; 2[(c) shall, unless prevented by sickness or other reasonable cause, attend every meeting of the Zilla Parishad and of the Committee of which he is the Secretary; and may, with the permission of the presiding authority, tender information or clarification in respect of any matter under discussion at the meeting.]