Chapter XVI CONTROL

1. (1) The State Government may at any time cause an inquiry to be made by any of its officers not below the rank of Commissioner in regard to any Zilla Parishad on matters concerning it, or any matters with respect to which the sanction, approval, consent or order of the State Government is required by this Act.
2. (2) The officer holding such inquiry shall have the powers of a court under the Code of Civil Procedure, 1908 (V of 1908) to take evidence and to compel the attendance of witnesses and the production of documents for the purposes of the inquiry.
3. (3) The State Government may make orders as to the costs of inquiries made under subsection
4. (1) and as to the parties by whom and the funds out of which they shall be paid, and such order may, on the application of the State Government or of any person named therein, be executed as if it were a decree of a civil court. Section 257A was inserted by Mah. 2 of 2005, s. 2.

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Parishad.— (1) When the State Government is informed, on complaint made or otherwise, that a Zilla Parishad has made default in performing any duty imposed on it by or under this Act, or by or under any enactment for the time being in force, the State Government, if satisfied after due enquiry that the Zilla Parishad has failed in the performance of duty, may fix a period for the performance of that duty : Provided that, no such period shall be fixed unless the Zilla Parishad has been given an opportunity to show cause why such order shall not be made.

1[Explanation.— For the purposes of this sub-section, a Zilla Parishad includes a Panchayat

Samiti or any Committee of the Parishad.]

1. (2) If that duty is not performed within the period so fixed, the State Government may appoint a person to perform it, and may direct that the expense of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the Zilla Parishad.

powers, or is not competent to perform, or makes persistent default in the performance of, the duties

imposed on it by or under this Act or under any other law for the time being in force, or

3[willfully disregards any instructions given or directions issued by the State Government under sub-section (1)

of section 261 or] any instructions issued by competent authorities arising

4[out of audit of accounts under the Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930)] or inspection of the office and work thereof, the State Government may, after giving the Zilla Parishad an apportunity of rendering an explanation, by order published, with the reasons therefor, in the Official Gazette—

1. (i) dissolve such Zilla Parishad
   • • *
   • • * * * *

1. (2) When a Zilla Parishad is so dessolved
   • • *, the following consequences shall ensue, that is to say—
   • (a) all Councillors and members of Panchayat Samitis, the Standing Committee, Subjects Committees or other Committees, if any, shall, in case of dissolution, as from the date specified in the order of dissolution,
     • • * vacate their offices as such Councillors or members ;
   • (b) all powers and duties of the Zilla Parishad, the Panchayat Samiti, the Standing

Committee or Subjects Committees or other Committees shall, during the period of dissolution

• • *, be exercised and performed by such person or persons as the State Government from time to time appoints in that behalf ;

1. (c) all property vested in the Zilla Parishad shall, during the period of dissolution **, vest in the State Government ;
2. (d) the person or persons appointed under clause (b) may delegate his or their powers and duties to an individual or to a committee or sub-committee ;
3. (e) when more than one person are appointed under clause (b), they may sue or be sued by any one of them who has been duly authorised to sue and be sued on behalf of the rest by a resolution duly passed by them in this behalf. This Explanation was added by Mah. 21 of 1968, s. 16. The words “or supersede” were deleted by Mah. 21 of 1994, s. 76(5). These words were substituted for the words “wilfully disregards” by Mah. 35 of 1963, s. 67(a). These words were substituted for the words “out of audit of accounts of the Parishad” by Mah. 35 of 1963, s. 67(b). The word “or” was deleted by Mah. 21 of 1994, s. 76(1)(a). Clause (ii) was deleted by Mah. 21 of 1994, s. 76(1)(b). The words “or superseded” were deleted by Mah. 21 of 1994, s. 76(2)(a). The words “and in case of supersession, as from the date of the order of supersession” were deleted by Mah. 21 of 1994, s. 76(2)(b). The words “or supersession” were deleted by Mah. 21 of 1994, s. 76(2)(c). The words “or supersession” were deleted by Mah. 21 of 1994, s. 76(2)(d).

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1. (3) On the issue of an order of dissolution under sub-section (1), elections of Councillors ** shall be held under the provisions of this Act or the rules made thereunder.
   • • * * * *
   • • * * * *
2. (6) Every order issued under sub-section (1) shall be laid for not less than thirty days before each

State Government’s power to give direction regarding works and development

schemes.— (1) The State Government may give to any Zilla Parishad general instructions as to

matters of policy to be followed by the Zilla Parishad in respect of their duties or functions, and in particular it may issue directions in the interest of the National or State development plans in respect of the execution and maintenance of works and development schemes. Upon the issue of

4[such instructions or directions] it shall be the duty of the Zilla Parishad to give effect to

5[such instructions or directions.]

6[Explanation.— For the purpose of this sub-section, a Zilla Parishad includes a Panchayat

Samiti or any Committee of the Parishad.]

1. (2) (a) Notwithstanding anything contained in this Act, if in the opinion of the State Government

it is necessary so to do, that Government may require the Zilla Parishad to place at its disposal the

service of such officers and staff of the Parishad as in the opinion of the Government are necessary to carry out such acts and perform such duties (whether such acts or duties relate to any of the subjects in the District List or not), and thereupon the Zilla Parishad shall place at the disposal of the Government the service of such officers and staff as are so requisitioned.

1. (b) When the services of the officers and staff of the Zilla Parishad are placed at the disposal of the State Government as aforesaid, they shall continue to be borne on the appropriate cadres of the services under the Zilla Parishad and shall continue to be paid their remuneration and other allowances by the Zilla Parishad or the State Government in accordance with the rules prescribed by the State Government in that behalf.

piped water supply scheme, where default is made by Zilla Parishad in taking over the scheme.— Where, in the opinion of the State Government, a Zilla Parishad has committed a default in taking over a piped water supply scheme within the specified period as required by clause (c-a1) of sub-section (1) of section 100, the State Government may, without prejudice to any other action which it may take under this Chapter or other provisions of this Act, make arrangements for the operation and maintenance of such scheme, through its own agencies, and recover the expenditure incurred

therefor by making necessary adjustment against any grants or other moneys due and payable to the

Zilla Parishad under any statute or otherwise.]

If it is brought to the notice of the Commissioner that no meeting of the Zilla Parishad or any of its Committees or Panchayat Samiti was held within periods prescribed by or under this Act, he may himself call a meeting of such Parishad or Committee or Samiti in accordance with the rules prescribed by the State Government in this behalf.

The Commissioner or any other officer duly authorised by the State Government in this behalf may,—

The words “and Members of Panchayat Samiti” were deleted by Mah. 21 of 1994, s. 76(3)(a). The portion begining with the words “on or before” and ending with the words “aforesaid order” was deleted by Mah. 21 of 1994, s. 76(3)(b). Sub-sections (4) and (5) were deleted by Mah. 21 of 1994, s. 76(4). These words were substituted for the words “such directions” by Mah. 35 of 1963, s. 68(a). These words were substituted for the words “such directions” by Mah. 35 of 1963, s. 68(a). This Explanation was added by Mah. 35 of 1963, s. 68(b). Section 261A was inserted by Mah. 56 of 1981, s. 5.

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1. (a) enter on and inspect any immovable property occupied by any Zilla Parishad, or any institution under its control and management, or any work or development scheme in progress under it or under its direction, or cause such immovable property, institution or work or development-scheme to be entered upon and inspected by any other person authorised by him in this behalf in writing ;
2. (b) call for any extract from the proceedings of any Zilla Parishad or any Committee thereof or of any Panchayat Samiti and call for or inspect any book or document in the possession of or under the control of the Zilla Parishad ; and
3. (c) call for any return, statement, account or report which he may think fit to require a Zilla

Commissioner to inspect office of Zilla Parishad.—

1[The Commissioner or any person (not below the rank of a Collector, in the case of a Zilla Parishad; and of a Deputy Collector, in the case of a Panchayat Samiti) authorised by him in writing in this behalf may] enter office of any Zilla Parishad or Panchayat Samiti, and inspect any records, register or other document, kept therein; and the Zilla Parishad or Panchayat Samiti, as the case may be, shall comply with the inspection notes, if any, made by the Commissioner.

2[or wasteful

expenditure].— If in the opinion of the Commissioner the number of officers or servants of Class III service or servants of Class IV service on the staff of the Zilla Parishad is excessive

3[or any

expenditure on any work or development scheme undertaken or proposed to be undertaken by any

Zilla Parishad is wasteful or not in the public interest,] the said Zilla Parishad shall, on the

requirement of the Commissioner reduce the number of the said officers or servants to such extent as the

4[Commissioner may, subject to the provisions of section 243A, direct]

5[or as the case may be, abandon such work or development scheme at such stage as the Commissioner may by order direct] : Provided that, the Zilla Parishad may appeal against any such requirement to the State Government whose decision thereon shall be final.

The Collector may, on being required by the State Government to make a report to it about the working of the Zilla Parishad, call for any information or statistics which he may consider necessary from the

6[District Magistrate’s] power of suspending execution of orders, etc., of Zilla Parishad, Panchayat Samiti, etc.— (1) If, in the opinion of the

7[District Magistrate], the execution of any order or resolution of a Zilla Parishad

8[or any of its Committees or a Panchayat Samiti] or the doing of anything which is about to be done, or is being done, by or on behalf of a Zilla Parishad

9[or its Committee] or a Panchayat Samiti, is causing or is likely to cause, injury or annoyance to the public, or to lead to a breach of the peace

• • * *, he may by order in writing, under his signature, suspend the execution or prohibit the doing thereof.

1. (2) When a 11[District Magistrate] makes any order under sub-section (1), he shall forthwith

forward to the Commissioner and to the Zilla Parishad or the Panchayat Samiti affected thereby a

copy of the order, with a statement of the reasons for making it, and it shall be in the discretion of the

These words and brackets were substituted for the words “The Commissioner may” by Mah. 35 of 1963, s. 69. These words were added by Mah. 6 of 1975, s. 45(c). These words were inserted by Mah. 6 of 1975, s. 45(a). These words were substituted for the words “Commissioner may direct” by Mah. 43 of 1967, s. 12. These words were added by Mah. 6 of 1975, s. 45(b). These words were substituted for the word “Collector’s” by Mah. 35 of 1963, s. 70(3). These words were substituted for the word “Collector” by Mah. 35 of 1963, s. 70(1)(a). These words were inserted by Mah. 35 of 1963, s. 70(1)(b). These words were inserted by Mah. 35 of 1963, s. 70(1)(b). The words “or is unlawful” were deleted by Mah. 35 of 1963, s. 70(1)(c). These words were substituted for the word “Collector” by Mah. 35 of 1963, s. 70(2).

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Samitis Act, 1961 Commissioner to rescind the order or direct that it shall continue in force with or without modification, permanently or for such period as he thinks fit.

1. (3) The Commissioner shall forthwith submit to the State Government a report of every case occurring under this sections, and the State Government may pass such order in the case as it deems fit.

Zilla Parishad or Panchayat Samiti, etc.— (1) If the Commissioner is satisfied that it is necessary in the public interest so to do, he may by order in writing under his signature suspend the execution of any order or resolution, or prohibit the doing of any act, by a Zilla Parishad, or its Committee or Panchayat Samiti which, in his opinion, is unlawful; and it shall be the duty of the Zilla Parishad or its Committee or the Panchayat Samiti, as the case may be, to comply with such order.

1. (2) If, in the opinion of the Commissioner, the execution of any order or resolution of a Zilla

Parishad or its Committee or Panchayat Samiti or the doing of anything by a Zilla Parishad or its

Committee or Panchayat Samiti’s inconsistent, with the instructions or directions given or issued under sub-section (1) of section 261, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof and it shall be the duty of the Zilla Parishad or its Committee or Panchayat Samiti, as the case may be, to comply with the order of the Commissioner.]

1. (1) In cases of emergency, the Collector may provide for the execution of extraordinary work, or the doing of any act, which a Zilla Parishad or Panchayat Samiti is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expense of executing the work or doing the act, with a reasonable remuneration to the person appointed to execute or do it, shall be forthwith paid by the Zilla Parishad.
2. (2) If the expense and remuneration are not so paid, the Collector may direct the officer in charge of the treasury or bank or society in which the district fund is kept or the whole or portion thereof is deposited or lent on interest, to pay the expense and remuneration, or as much thereof as is possible, from the balance of such fund in his hand.
3. (3) The Collector shall forthwith report to the Commissioner every direction made by him under this section and the Commissioner may by order either confirm or modify the direction in such manner as he deems fit.
4. (4) The Commissioner shall forthwith furnish to the State Government a copy of the order made by him under sub-section (3), and the State Government may pass such order in the case as it deems fit.

*** Panchayat Samiti for incompetency,

default or abuse of power.— (1) If, in the opinion of the State Government, a Panchayat Samiti exceeds or abuses its power or is not competent to perform, or makes persistent defaults in the performance of, the duites imposed on it by or under this Act, or otherwise by law or

3[willfully disregards any instructions given or directions issued by the State Government under sub-section (1) of section 261 or] any instructions issued by competent authority arising out of the audit of accounts of the Panchayat Samiti or inspection of the office and work thereof the State Government may, after giving the Panchayat Samiti an opportunity to render explanation, by an order published, with the reasons therefor, in the Official Gazette—

1. (i) dissolve such Panchayat Samiti,
   • • * *
   • • * * Section 267A was inserted by Mah. 35 of 1963, s. 71. The words “or supersede” were deleted by Mah. 21 of 1994, s. 77(5). These words were substituted for the words “willfully disregards” by Mah. 35 of 1963, s. 72. The word “or” was deleted by Mah. 21 of 1994, s. 77(1)(a). Clause (ii) was deleted by Mah. 21 of 1994, s. 77(1)(b).

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1. (2) When the Panchayat Samiti is so dissolved
   • • * * the following consequences shall ensue, that is to say :—
   • (a) all members of the Panchayat Samiti, in case of dissolution, as from the date
     • • * * specified in the order of dissolution, vacate their office as such members ;
   • (b) all powers and duties of the Panchayat Samiti during the period of dissolution or supersession, be exercised and performed by such person or persons as the State Government from time to time appoints in this behalf ;
   • (c) all property in the possession of the Panchayat Samiti shall, during the period of dissolution
     • • * * be held by the State Government ;
   • (d) the person or persons appointed under clause (b) may delegate his or their powers and duties to an individual or to a committee or sub-committee.
2. (3) On the issue of an order of dissolution under sub-section (1), elections of the members shall be held under the provisions of this Act or the rules made thereunder
   • • * *.
   • • * *
3. (6) Every order made under sub-section (1) shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after it is made.

With a view to effecting economy and obtaining standardization in certain matters, the State Government may make rules to provide for all or any of the following matters, that is to say—

1. (a) the manner in which purchases of stores, equipment, machinery and other articles required by a Zilla Parishad or a Panchayat Samiti, shall be made by it ;
2. (b) the manner in which tenders for works, contracts and supplies shall be invited, examined and accepted ; and
3. (c) the manner in which works and development schemes may be executed and inspected and payments made in respect of such works and schemes.

health by Zilla Parishad to another District in cases of emergency.— Where any District or part

thereof is visited by an outbreak of any dangerous epidemic disease or there is grave danger of such out-break or widespread distress is caused in any District or part thereof by reason of

6[scarcity], flood, or any other natural calamity, the State Government or any officer authorised by it in this behalf, may, notwithstanding anything contained in this Act, require any Zilla Parishad to transfer in such manner and on such conditions as may be prescribed by the State Government any staff employed in connection with public health to such District or part thereof for such period as the State Government or as the case may be, the Officer may from time to time fix in that behalf; and the Zilla Parishad shall transfer its staff accordingly for the period aforesaid. The State Government may make such grant as it thinks fit to the Zilla Parishad for the extra expenditure, if any, that may be incurred by it on account of the transfer of its staff.

In all

matters connected with this Act, the State Government and the Commissioners and Collectors shall have and exercise the same authority and control over the Commissioners, the Collectors and their subordinates, respectively, as they have and exercise over them in the general and revenue administration.

The words “or superseded” were deleted by Mah. 21 of 1994, s. 77(2)(a). The words “in case of supersession, as from the date of the order of supersession, and” were deleted by Mah. 21 of 1994, s. 77(2)(b). The words “or supersession” were deleted by Mah. 21 of 1994, s. 77(2)(c). The portion begining with the words “on or before” and ending with the words “in that order” was deleted by Mah. 21 of 1994, s. 77(3). Sub-sections (4) and (5) were deleted by Mah. 21 of 1994, s. 77(4). This word was substituted for the word “famine” by Mah. 35 of 1963, s. 73.

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Subject to such conditions, if any, as may be specified by the State Government, it may by order delegate all or any of its powers, functions or duties under this Act (except the power to make rules under section 274), to any officer or Authority subordinate to it.