Chapter VI Chapter VI

POWERS AND DUTIES OF Zilla Parishad, Panchayat Samiti AND COMMITTEES

1. (1) (a) It shall be the duty of a Zilla Parishad so far as the district fund at its disposal will allow, to make reasonable provision within the District with respect to all or any of the subjects enumerated in the First Schedule as amended from time to time under sub-section (2) (in this Act referred to as “the District List”) and to execute or maintain works or development schemes in the District relating to any such subjects.
   • (b) Subject to the provisions of this sub-section, the State Government shall, by notification in the Official Gazette, transfer to the Zilla Parishad all such completed works or development schemes in relation to any subject enumerated in the District List, and may, in like manner, transfer to the Zilla Parishad also such like works and development schemes as are in progress.
   • (c) On such transfer, the works and development schemes shall vest in the Zilla Parishad, but subject to such terms and conditions 3[which may, with the consent of a Zilla Parishad, be modified from time to time] as may be specified in the notification under clause (b): Provided that, on breach of any of the terms and conditions, the property vesting in the Zilla Parishad shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof: 4[Provided further that if, in the opinion of the State Government, it is necessary that any works or development schemes, transferred as aforesaid should be managed, maintained or executed by the State Government itself 5[or any property appertaining to any such works or development schemes These words, brackets and figures were substituted for the words and figures “sections 185 and 188” by Mah. 43 of 1964, s. 18. Clause (c) was added by Mah. 6 of 1975, s. 31. These brackets and words were inserted by Mah. 43 of 1964, s. 19(a). This proviso was added by Mah. 43 of 1962, s. 14(a). These words were inserted by Mah. 43 of 1964, s. 19(b)(i).

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

Samitis Act, 1961 transferred as aforesaid is required by the State Government,] the State Government may, by notification in the Official Gazette, direct that the works or development schemes,

1[or, as the case

may be, property appertaining to such works or development schemes] specified in the notification shall, with effect from such date and subject to any terms and conditions as may be agreed upon between the State Government and the Zilla Parishad and mentioned therein, cease to vest in the Zilla Parishad and revest in the State Government :]

2[Provided also that, if, in the opinion of the State Government, it is necessary that any work or Development scheme transferred as aforesaid should be discontinued, the State Government may, by notification in the Official Gazette, direct that the work or development scheme or any property appertaining to any such work or development scheme specified in the notification shall with effect

form the date mentioned therein, cease to vest in the Zilla Parishad and revest in the State

Government.]

3[(c-a1) (A) Notwithstanding anything contained in clause (a), read with entries 58 and 59 in the First Schedule, a Zilla Parishad may, with the assistance of grant-in-aid provided by the State Government, undertake, through the State agencies, execution of piped water supply schemes (including works), with a net capital cost of rupees one lakh or more for each such scheme.

1. (B) When the State Government undertakes a piped water supply scheme, the net capital cost of which is rupees one lakh or more, in pursuance of a resolution passed by a Zilla Parishad requesting the State Government to arrange for execution of such scheme and undertaking to take over the scheme within a specified period, it shall be the duty of the Zilla Parishad to take over such scheme for operation and maintenance within the specified period. Where any such scheme was completed, but was not taken over by the Zilla Parishad before the date of commencement of the Maharashtra Zilla Parishads and Panchayat Samitis and Bombay Village Panchayats (Amendment)

the said date the Zilla Parishad shall take it over within such period as may be specified by the State Government.]

4[(c-1) Notwithstanding anything contained in clauses (b) and (c) of this section, any officer of the State Government authorised under section 127 of this Act may visit the establishment or office of any person who is benefited by any work or development scheme transferred to a Zilla Parishad under this section or inspect the record, or audit the accounts, of such person and, if necessary, give appropriate directions for compliance by such persons.]

1. (d) All rights and liabilities which were enforceable by or against the State Government in relation to the works or schemes 5[transferred under clause (b)] under any contract or agreement or otherwise shall be enforceable by or against the Zilla Parishad 6[and all rights and liabilities which were enforceable by or against the Zilla Parishad, in relation to the works or schemes or property appertaining thereto revested in the State Government under the 7[second and third provisos] to clause (c), under any contract or agreement or otherwise shall be enforceable by or against the State Government.] 8[(e) Subject to any general or special orders which may be made by the State Government

in this behalf, every Zilla Parishad may give every year to any Panchayat Samiti within its

jurisdiction a grant for carrying out or maintaining any works or development schemes, of such

These words were inserted by Mah. 43 of 1964, s. 19(b)(ii). This proviso was added by Mah. 6 of 1975, s. 32(a). This clause was inserted by Mah. 56 of 1981, s. 2. Clause (c-1) was inserted by Mah. 6 of 1975, s. 32(b). These words were substituted “transfered as aforesaid by Mah. 34 of 1966, s. 5(a). This portion was added by Mah. 34 of 1966, s. 5(b). These words were substituted for the words “second proviso” by Mah. 6 of 1975, s. 32(c). Sub-clause (e) was added by Mah. 21 of 1968, s. 9.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 83

Samitis Act, 1961 types as the Zilla Parishad may specify in this behalf, regard being had to the subjects enumerated in the Second Schedule.]

1. (2) The State Government may, by notification in the Official Gazette, omit any entry from the First Schedule or add any entry thereto or amend any such entry, and the Schedule shall, on the issue of the notification, be deemed to be so amended accordingly : Provided that,—
   • (a) no such notification omitting any entry from the First Schedule shall be issued without the previous approval of the State Legislature; and
   • (b) any other notification shall be laid before each House of the State Legislature as soon as may be after it is issued, and shall be subject to such modifications as the State Legislature may make during the session in which it is so laid and publish in the Official Gazette.
2. (3) A Zilla Parishad may also make provision for carrying out within the District any other work

or measure which is likely to promote the health, safety, education, comfort, convenience, or social,

economic or cultural well-being of the inhabitants of the District.

1. (4) The Zilla Parishad shall endeavour to promote planned development of the District by utilising to the maximum extent, local resources and for that purpose prepare annual and long-term plans, regard being had to the plans already prepared by the Panchayat Samitis.
2. (5) Subject to the rules made by the State Government in this behalf, a Zilla Parishad may, by resolution passed at its meeting and supported by 1[not less than two-thirds] of the total number of its Councillors (other than associate Councillors), make provision for any public reception, ceremony of entertainment within the District or may contribute towards a gathering sponsored by the Zilla Parishad in the District.
3. (6) A Zilla Parishad shall, in relation to measures for the amelioration of the conditions of the Scheduled Castes and Scheduled Tribes and of any socially and educationally backward classes, and in particular in the removal of untouchability, carry out the directions given or orders issued from time to time by the State Government and the Zilla Parishad shall provide adequate sums for the purpose.
4. (7) A Zilla Parishad shall perform such of the duties and functions as are entrusted to it by or under any other law for the time being in force.
5. (8) A Zilla Parishad may incur expenditure outside the District

2[on any work of development

scheme transferred to it under this Act within the revenue district of which the district forms part].

1. (9) It shall be the duty of a Zilla Parishad to make adequate provisions for payment to Councillors, members of Panchayat Samiti and members of the Standing Committee, Subjects Committees and any other Committee all expenses incurred on travelling for the purpose of business of the Zilla Parishad or as the case may be, the Panchayat Samiti, in accordance with rules made by the State Government in this behalf.
2. (10) A Zilla Parishad may contribute to any fund sponsored by Government to meet any calamity affecting the public in any part of India. Explanation.— If any doubt arises whether a fund is sponsored by Government or not, the question shall be decided by the Commissioner, and his decision shall be final.
3. (11) Subject to the provisions of this Act, a Zilla Parishad shall exercise general supervision and control over the work of the Chief Executive Officer.
   • • * * These words were substituted for the words “two-third” by Mah. 43 of 1962, s. 14(b).

These words were substituted for the portion beginning with “on any matter in relation to” and ending with “of the

District” by Mah. 35 of 1963, s. 43. Section 100A was deleted by Mah. 27 of 2003, s. 7.

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

Samitis Act, 1961

(1) Notwithstanding anything contained in section 100, it shall be the primary responsibility of a

Panchayat Samiti so far as the funds at its disposal will allow, to make reasonable provision within

the Block with respect to all or any of the subjects enumerated in the Second Schedule as amended form time to time under sub-section (2).

1. (2) The State Government may, by notification in the Official Gazette, omit any entry from the Second Schedule or add any entry thereto or amend any such entry and the Schedule shall, on the issue of the notification, be deemed to be amended accordingly: Provided that,—
   • (a) no such notification omitting any entry from the Second Schedule shall be issued without the previous approval of the State Legislature; and
   • (b) any other notification shall be laid before each House of the State Legislature as soon as may be after it is issued, and shall be subject to such modification as the State Legislature may make during the session in which it is so laid and publish in the Official Gazette.

Expenditure including any grant by a Panchayat Samiti out of the block grant shall, save as otherwise provided by this Act, be made within the area subject to its authority only; but may, notwithstanding anything contained in section 101, with the sanction of the Commissioner obtained through the Zilla Parishad concerned, be made outside that area for any of the purpose of this Act; but for the purpose of maintaining any property situated outside that area which is given to it by the Zilla Parishad, no such sanction shall be necessary.]

• • * * * *

3[and to give technical guidance to other local authority].—

4[(1)] It shall be lawful for a Zilla Parishad

to undertake, upon such terms and conditions as may be agreed upon, the construction, maintenance

or repair of any work, or the management of any institution on behalf of the Central or State Government, or any other local authority, or any Court of Wards.

5[(2) A Zilla Parishad may give technical guidance or assistance in relation to any work or scheme of any other local authority upon such terms and conditions as may be agreed upon between the Zilla Parishad and that local authority, and for that purpose require any of its officers or servants to inspect any such work or scheme.]

The State Government, with the consent of a Zilla Parishad, may at any time transfer to such Zilla Parishad the execution of any works or development schemes promoting directly or indirectly the welfare of the residents of the District, and it shall thereupon be lawful for such Zilla Parishad to undertake the execution of the work or development scheme so transferred :

District fund ordinarily liable for all costs and expenses incurred by Zilla Parishad.— Except as is hereinafter otherwise provided, no presiding authority, Councillor, officer holding office under or servant of, a Zilla Parishad shall be personally liable in respect of any contract or agreement duly made, or for any expense duly incurred by or on behalf of such Zilla Parishad; the district fund at the disposal of each Zilla Parishad, and where the liability arises under any contract or agreement

Section 101A was inserted by Mah. 43 of 1967, s. 2. Section 101B was deleted by Mah. 27 of 2003, s. 8. These words were added by Mah. 35 of 1963, s. 44(ii). Section 102 was re-numbered as sub-section (1) and sub-section (2) was inserted by Mah. 35 of 1963, s. 44(ii). Section 102 was re-numbered as sub-section (1) and sub-section (2) was inserted by Mah. 35 of 1963, s. 44(ii).

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 85

Samitis Act, 1961 in relation to any Panchayat Samiti, the block grant at the disposal thereof shall, subject to any order made by the State Government, be liable for and be charged with all costs, in respect of any such contract or agreement and all such expenses.

1. (1) A Zilla Parishad may compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into by or on behalf of it under this Act, for such sum of money or other compensation as it shall deem sufficient : Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compromising any claim or demand arising out of such contract.
2. (2) A Zilla Parishad may pay compensation out of the district fund to any person sustaining any damage by reason of the exercise, in good faith, of any of the powers vested in it, in its Committees or in Panchayat Samitis and in the presiding authorities, officers and servants by or under this Act.

Subject to the provisions of this Act and the rules made thereunder by the State Government, a Zilla Parishad may—

1. (i) do all things necessary for the proper discharge of the functions and duties imposed on it by or under the Act;
2. (ii) sanction works or development schemes within the District (not being works or development schemes which a Panchayat Samiti has been empowered by this Act to sanction within the Block from block grants);
3. (iii) at any time, call for any proceedings of the Standing Committee or any Subjects Committee, or for any return, statement, account or report concerning or connected with any subjects allotted thereto;
4. (iv) require any of its officers or servants to attend any meeting of the Zilla Parishad and tender advice on any matter which concerns the department under which such officer or servant is working; and every such officer or servant shall comply with such requisition;
5. (v) exercise powers or perform functions in respect of matters which by or under this Act are not expressly conferred or imposed on the Panchayat Samiti or Standing Committee or a Subjects Committee, presiding authority or officer or servant of or under the Zilla Parishad; (vi) 1[subject to the instructions or directions if any, given or issued under sub-section (1) of section 261, revise or modify] any decision taken by the Standing Committee, a Subjects Committee, presiding authority or officer of or under, or servant of, the Zilla Parishad;
6. (vii) exercise administrative control over officers and servants holding office under it; and
7. (viii) supervise generally the execution of all duties and functions under this Act.

2[scarcity], etc.— Where the State Government during

any year has declared any area as

3[a scarcity area] and has granted suspension or remission of land

revenue according to the scale prescribed by the State Government in this behalf under the relevant Code or where distress is caused by floods or other natural calamities in any area, it shall be the duty of the Zilla Parishad having jurisdiction over the area, if so directed by the State Government, to undertake relief operation in such area either by the grant of gratuitous relief in the form of doles of money or through expenditure on such public works or such preventive or remedial measures as may be specified by the State Government in the direction.

This portion was substituted for the words “revise or modify” by Mah. 35 of 1963, s. 45. This word was substituted for the word “famine” by Mah. 11 of 1976, s. 3, Second Schedule. These word were substituted for the words “a famine-stricken area or an area of acute scarcity” by Mah. 35 of 1963, s. 46.

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

Samitis Act, 1961

1. (1) Subject to the provisions of the Act, and the rules made by the State Government thereunder, every Panchayat Samiti—
   • (a) (i) shall prepare an overall plan of works and development schemes to be undertaken in the Block for enabling the Zilla Parishad to prepare its development plans;
     • (ii) shall prepare a plan of works and development schemes to be undertaken from block grants with a view to utilising local resources in the Block to the maximum possible extent;
   • (b) shall sanction, execute, supervise or administer any works or development schemes from block grants, and for this purpose incur expenditure therefrom;
   • (c) shall exercise powers and perform functions in respect of matters, concerning block grants, which by or under this Act are not expressly conferred on its Chairman, Deputy Chairman or any officer or servant of the Parishad working in the Block;
   • (d) shall execute, maintain, supervise and administer the works and development schemes of the Zilla Parishad;
   • (e) shall perform such functions of the Zilla Parishad within the Block as are delegated to it by or on behalf of the Zilla Parishad;
   • (f) may recommend for the consideration of the Zilla Parishad any works or development schemes which should be undertaken by the Zilla Parishad in the Block, and indicate the extent to which local resources are likely to be obtained in such works or schemes; (g) 1[may, subject to any instructions or directions given or issued under sub-section (1) of section 261,] revise, or modify any decision taken by the Chairman or Deputy Chairman, Block Development Officer or any officer or servant working in the Block;
     • • * * * *
     • (i) shall forward every quarter to the Zilla Parishad a summary of the proceedings of its meetings; and
   • (j) shall exercise general supervision and control over the work of the Block Development Officer in connection with the functions and duties vested in it.
2. (2) A Panchayat Samiti may propose to the Zilla Parishad
   • • * * an increase in a tax or fee levied in the Block and any such increase in the
   • • * * * tax or fee shall be utilised in the Block, for the purpose or purposes indicated in the proposal.

1. (1) A Panchayat Samiti shall conform to any instructions that may, from time to time, be given to it by the Zilla Parishad in the execution by the Panchayat Samiti of its duties and functions under this Act.
2. (2) Nothing in sub-section (1) shall be construed as empowering a Zilla Parishad to issue instructions in respect of powers to be exercised and functions to be performed by a Panchayat Samiti in respect of matters concerning block grants.]

1. (1) Subject to the provisions of this Act and the rules made thereunder, the Standing Committee or a Subjects Committee in relation to subjects allotted to it,—
   • (a) shall—
     • (i) be in charge of works and development schemes relating thereto, This portion was substituted for the word “may” by Mah. 35 of 1963, s. 47(1)(a). Clause (h) was deleted by Mah. 35 of 1963, s. 47(1)(b). The words and figures “an increase in the rate of cess on land revenue, levied in the Block not exceeding the limit specified in sections 144, 151 or 152 or” were deleted by Mah. 35 of 1963, s. 47(2). The words “local cess or” were deleted by Mah. 35 of 1963, s. 47(2). Section 108A was inserted by Mah. 35 of 1963, s. 48.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 87

Samitis Act, 1961

1. (ii) ensure that the estimates of works and development schemes are prepared and sanctioned and supervise their execution,
2. (iii) supervise the expenditure of provisions made in the budget, 1[(iii-a) review periodically the progress of activities of the Zilla Parishad and place reports thereon before the Zilla Parishad,]
3. (iv) forward a copy of the proceedings of each meeting of the Committee to the Zilla Parishad;

1. (b) may—
   • (i) require any officer to enter on and inspect on its behalf, any immovable property occupied by the Zilla Parishad, or any work or development scheme in progress undertaken by the Zilla Parishad or under its direction,
   • (ii) call for any information, return, statement, account or report, from its Chairman or from any officer or servant holding office under the Zilla Parishad.
     • • * * * * *

1. (2) The Standing Committee or a Subjects Committee may require any officer holding office under, or servant of, the Zilla Parishad to attend any meeting of the Committee and tender advice in respect of any matter which concerns the Department under which such officer or servant is working, and every such officer or servant shall comply with such requisition.
2. (3) (a) Subject to the provisions of this Act and the rules made thereunder, in addition to the powers and functions specified in the foregoing provisions, the Standing Committee shall,—
   • (i) supervise and control the imposition and collection of taxes, rates, dues, fees or tolls;
   • (ii) maintain a schedule of rates in connection with the execution of constructional works and development schemes and may revise it periodically so however, that the rates shall not be higher than the rates laid down by the State Government for similar works or development schemes in the locality;
   • (iii) manage and regulate the investment of the district fund; and
   • (iv) examine and pass monthly accounts of receipts and expenditure of the Zilla Parishad 3[(not being monthly accounts in relation to block grants given to a Panchayat Samiti)].
   • (b) The Standing Committee in relation to subjects allotted to any Subjects Committee including the subjects allotted to itself—
     • (i) may authorise any officer or servant to enter on, and inspect, any immovable property occupied by the Zilla Parishad, or any institution under the control and management of the Zilla Parishad or any work or development schemes in progress undertaken by the Zilla Parishad or under its direction;
     • (ii) may make any proposal to the Zilla Parishad concerning its powers and functions; and
     • (iii) shall review periodically the progress of all activities of the Zilla Parishad, and place report thereon before the Zilla Parishad.
   • (c) The Standing Committee, may at any time, call for any proceedings of any Subjects Committee or for any return, statement, account, or report, concerning or connected with any subjects allotted to such Subjects Committee. Sub-clause (iii-a) was inserted by Mah. 6 of 1975, s. 33(1). Sub-clause (iii) was deleted by Mah. 6 of 1975, s. 33(2). This portion was added by Mah. 21 of 1968, s. 10.

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

Samitis Act, 1961

1. (d) The Standing Committee may grant leave of absence not exceeding one month to the Chief Executive Officer and exceeding four months to other Officers of Class I service and Officers of Class II service holding offices under the Zilla Parishad.

1. (4) Subject to such conditions, if any, as may be specified by the Standing Committee or a Subjects Committee, it may delegate any its powers, functions and duties under this Act to any Panchayat Samiti. 1[109-A. Special powers and functions of Finance Committee.— (1) The Finance Committee, in addition to the powers and functions specified in sub-sections (1) and (2) of section 109, shall,—
   • (i) scrutinise the annual budget estimates of income and expenditure of the Zilla Parishad and of the Panchayat Samitis prepared under section 137 in such detail as it may consider necessary and tender advice so as to ensure that the objectives of the Zilla Parishads and Panchayat Samitis are carried out in the most economical and efficient manner;
   • (ii) scrutinise the revised or supplementary budget estimates of the Zilla Parishad and Panchayat Samitis prepared under section 138, in a like manner;
   • (iii) examine the statement of accounts of receipt and expenditure of the Zilla Parishad and the Panchayat Samiti prepared under section 136;
   • (iv) scrutinise the audit report on the accounts of the Zilla Parishad, Panchayat Samitis and of any institutions or undertakings working under the Zilla Parishad.
2. (2) It shall be the duty of the Finance Committee to satisfy itself—
   • (i) that the monies shown in the statement of accounts of receipts and expenditure have been duly provided for in the budget estimates of the Zilla Parishad, or as the case may be, the Panchayat Samiti and have been applied to the service or purpose for which they have been provided;
   • (ii) that the expenditure confirms to the authority which governs it;
   • (iii) that every re-appropriation of funds has been made by the competent authority and in accordance with the provisions of the Act and the rules made thereunder regulating the re-appropriation of funds;
   • (iv) that the money spent are not in excess of the amount provided for in the budget or justified by the facts or circumstances of the case.
3. (3) The Finance Committee may, if it considers it necessary so to do, invite at its meetings the Chief Auditor, Local Fund Accounts, or his nominee to assist the Committee in its functions under this section.
4. (4) The scrutiny of the annual budget estimates or the revised or supplementary budget estimates by the Finance Committee shall not in any manner affect or postpone their consideration or approval by the Zilla Parishad.]

1. (1) A Zilla Parishad may, from

time to time, concur with any other Zilla Parishad or with any municipal corporation, municipality,

cantonment authority or notified area committee—

1. (a) in appointing out of their respective bodies, a joint committee for any purposes in which they are jointly interested and appointing Chairman of such Committee; and
2. (b) in delegating to any such Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by either or any of such bodies; and Section 109-A was inserted by Mah. 6 of 1975, s. 34.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 89

Samitis Act, 1961

1. (c) in framing and modifying rules for regulating the proceedings of any such Committee and the conduct of correspondence, relating to the purpose for which the Committee is appointed.

1. (2) A Zilla Parishad may, from time to time, enter into an agreement, with any other Zilla Parishad or with a municipal corporation, municipality, cantonment authority or notified area committee or with a combination of any such bodies, for the levy of tax falling under entry 56, in List II in the Seventh Schedule to the Constitution of India whereby the tax, leviable by the bodies so contracting may be levied together instead of separately within the limits of the area subject to the control of the said bodies.
2. (3) Where a Zilla Parishad has requested the concurrence of any other local authority under the provisions of sub-section (1) or (2) in respect of any matter and such other local authority has refused

to concur, the Commissioner may pass such orders as he may deem fit requiring the concurrence of

such other local authority (not being a contonment authority) in the matter aforesaid and such other local authority shall comply with such orders.

1. (4) If any difference of opinion arises between local bodies acting under this section, the decision thereupon of the State Government, or of such officer as it appoints in this behalf, shall be final: Provided that, where one of the local bodies is a cantonment authority, the decision of the State Government or of the officer, shall be subject to the concurrence of the Central Government.