Chapter I PRELIMINARY

1. (1) This Act may be called the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
2. (2) It extents to the whole of the State of Maharashtra, except Greater Bombay.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context requires otherwise,—

• • * * * * * 4[(2) “Backward Class of citizens” means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;] 5[(2A) “Ballot box” or” ballot paper” includes an electronic voting machine used at an election for giving or recording of votes;]

1. (3) “Block” means such local area in a District as the State Government may constitute to be a Block under section 5;
2. (4) “block grant” means a grant given by the State Government to a Panchayat Samiti under section 188 6[and includes any sum paid as grant under 7[sections 100 and 155]]; 8[or any sum paid as block grant under any law for the time being in force]; For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1961, Part V, pages 603-619; for Report of the Joint Committee, see ibid, Part V, pages 773-963. st May 1962, vide G.N., C & R.D.D., No. D.C.D. 6162, dated the 26 th March 1962. Clause (1) was deleted by Mah. 21 of 1994, s. 33(1). Clause (2) was substituted by Mah. 21 of 1994, s. 33(2). Clause (2A) was inserted by Mah. 20 of 2005, s. 4. These words and figures were added by Mah. 35 of 1963, s. 2. These words and figures were substituted for “section 155” by Mah. 21 of 1968, s. 2(a). These words were added by Mah. 34 of 1970, s. 28.

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1. (5) “Block Development Officer” means an officer appointed by that designation under section 97;
2. (6) “bye-laws” means bye-laws made under section 276;
3. (7) “Chief Executive Officer” means the Chief Executive Officer of a Zilla Parishad appointed under section 94;
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4. (9) “Councillor” means a member of a Zilla Parishad constituted under this Act;
5. (10) “development scheme” includes a work, scheme, project, function, development activity or plan of works, schemes, projects, functions and development activities;
6. (11) “District” means a District as constituted under section 4;
7. (12) “District List” means the list of subjects enumerated in the First Schedule as amended from time to time in respect of which a Zilla Parishad is empowered to make provision under section 100;
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8. (15) “election” means an election to a Zilla Parishad or Panchayat Samiti, as the case may be, and includes a by-election; 3[(15A) “Executive Officer” means the Executive Officer appointed under section 96A;] 4[(15B) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India;]
9. (16) “financial year” means the year beginning on the 1 st day of April or on such other date as the State Government may, by notification in the Official Gazette, appoint; 5[(16A) “Irrigation Development Corporation” means the Maharashtra Krishna Valley Development Corporation established under the Maharashtra Krishna Valley Development Corporation Act, 1996 (Mah. XV of 1996), or the Vidarbha Irrigation Development Corporation

established under the Vidarbha Irrigation Development Corporation Act, 1997 (Mah. XXVI of

1997), or the Konkan Irrigation Development Corporation established under the Konkan Irrigation Development Corporation Act, 1997 (Mah. III of 1998), or the Maharashtra Tapi Irrigation Development Corporation established under the Maharashtra Tapi Irrigation Development Corporation Act, 1997 (Mah. IV of 1998), or the Maharashtra Godawari Marathwada Irrigation Development Corporation established under the Maharashtra Godawari Marathwada Irrigation Development Corporation Act, 1998 (Mah. XXIII of 1998);]

1. (17) “list of voters” means list of voters provided for, and maintained, under section 13;
2. (18) “member” means a member of any Panchayat Samiti or Committee constituted under this Act;
3. (19) “panchayat” means a village panchayat established or deemed to be established under the Bombay Village Panchayats Act, 1958 (Bom. III of 1959);
4. (20) “Panchayat Samiti” or “Samiti” means a Panchayat Samiti constituted for every Block under section 57; Clause (8) was deleted by Mah. 21 of 1994, s. 33(3). Clauses (13) and (14) were deleted by Mah. 4 of 1987, s. 3. Clause (15A) was inserted by Mah. 12 of 1994, s. 2. Clause (15B) was inserted by Mah. 21 of 1994, s. 33(4). Clause (16A) was inserted by Mah. 3 of 2002, s. 2. Short title of the Act has been amended as the “Maharashtra Village Panchayats Act” (III of 1959) by Mah. 24 of 2014, s. 2 and 3, Schedule, entry 74, w.e.f. 1 st May 1960.

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Samitis Act, 1961

1[(20A) “population” means the population as ascertained at

2[the latest preceding census of which the relevant figures have provisionally or finally been published;]

3[Explanation.— Having regard to the information furnished by the census authority that districtwise and villagewise figures of population of Scheduled Castes or Scheduled Tribes have not been determined and notified under section 5 of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (108 of 1976) and such figures of population are not available, the population of the Scheduled Castes and Scheduled Tribes for the reservation of seats for

Scheduled Castes and Scheduled Tribes on the Zilla Parishads and Panchayat Samitis or for

election of the Chairman and Deputy Chairman of a Panchayat Samiti, the percentage of the population of Scheduled Tribes in the Tribal Development Block, shall for the purposes of sections 12, 58 and 64, be the population of Scheduled Castes and Scheduled Tribes as originally ascertained in the 1971 census only;]

1. (21) “prescribed” means prescribed by rules made under this Act;
2. (22) “President” means the President of a Zilla Parishad;
3. (23) “presiding authority” means the President or the Chairman of a Panchayat Samiti or Standing Committee or Subjects Committee or any other Committee appointed by the Zilla Parishad and includes a Vice-President, and a Deputy Chairman of a Panchayat Samiti and any person chosen to preside at the meeting of a Zilla Parishad, Panchayat Samiti, or as the case may be, a Standing Committee or Subjects Committee;
4. (24) “regulations” means regulations made under section 275;
5. (25) “relevant Code” 4[means as respects any period before the 15 th day of August 1967, in relation to]—
   • (a) the Bombay area of the State, the Bombay Land Revenue Code, 1879 (Bom. V of 1879),
   • (b) the Vidarbha Region of the State, the Madhya Pradesh Land Revenue Code, 1954 (M. P. II of 1955), and
   • (c) the Hyderabad area of the State, the Hyderabad Land Revenue Act (Hyd. VIII of 1317 F); 5[and as respect any period thereafter, the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);]
6. (26) “relevant District Boards Act” means—
   • (a) in relation to the Bombay area of the State, the Bombay Local Boards Act, 1923 (Bom. VI of 1923),
   • (b) in relation to the Vidarbha Region of the State, the Central Provinces and Berar Local Government Act, 1948 (Bom. VI of 1923), and
   • (c) in relation to the Hyderabad area of the State, the Hyderabad District Boards Act, 1955 (Hyd. I of 1956);

6[(26A) “Scheduled Areas” means the Scheduled Areas referred to in clause (1) of article

244 of the Constitution of India;]

Clause (20A) was substituted for the original by Mah. 21 of 1994, s. 33(5). These words were substituted for the words “the last preceding census of which the relevant figures have been published” by Mah. 4 of 2002, s. 2, w.e.f. 31-10-2001. This Explanation was deemed to have been added on 10th May 1965 by Mah. 14 of 1990, s. 2. These words were substituted for the words “means in relation to” by Mah. 21 of 1968, s. 2(b). These words were added by Mah. 21 of 1968, s. 2(b). Clause (26A) was inserted by Mah. 20 of 1997, s. 2.

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1. (29) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within, such castes, races, or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;
2. (30) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;
3. (31) “Standing Committee” means a Standing Committee constituted under section 79; 3[(31A) “State Election Commission” means the State Election Commission consisting of State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243K of the Constitution of India;]
4. (32) “subjects allotted” means subjects allotted to a Standing Committee or Subjects Committee by a Zilla Parishad under regulations;
5. (33) “Subjects Committee” means a Subjects Committee constituted under section 80;
6. (34) “Vice-President” means the Vice-President of a Zilla Parishad;
7. (35) “Zilla Parishad” or “Parishad” means a Zilla Parishad constituted under section 9;
8. (36) words or expressions used in this Act but not defined, shall have the meanings, respectively, assigned to them in the relevant Code. ADMINISTRATIVE AREAS

For the purposes of this Act, the State of Maharashtra shall be divided into Districts, and Districts shall be divided into Blocks.

1. (1) Subject to any alteration of boundaries which may be made in pursuance of the provisions of Chapter XV, every local area formed or constituted into a district under the relevant Code (but excluding therefrom the limits of a municipal corporation, municipality, a cantonment or a notified area committee, constituted or established by or under any law for the time being in force) shall be a District for the purposes of this Act.
2. (2) Where any District comprises only a part of the district constituted under any relevant Code, or two or more districts so constituted, or parts of the two or more such districts, the State Government may, by a notification in the Official Gazette, declare which officers shall be the Collector and Commissioner, and which other officers referred to in this Act shall be such officers, in respect of that District for the purposes of this Act.

Subject to any alteration of boundaries which may be made in pursuance of the provisions of Chapter XV, the State Government may, by notification in the Official Gazette, constitute in every District such number of Blocks, each consisting of such local area, as may be specified in the notification.