Chapter XVIII MISCELLANEOUS

directly or indirectly any share or interest in any work done or development scheme executed by order of the Zilla Parishad or Panchayat Samiti of which he is a Councillor, or as the case may be, member or by which he is maintained or under which he is employed, or in any contract with or under such Zilla Parishad, or Panchayat Samiti he shall be liable, on conviction, to a fine which may extend to one thousand rupees or simple imprisonment which may extend to three months or with both : Provided that, no person shall be convicted under this section by reason only of such person—

1. (a) having a share in any joint stock company or a share or interest in any co-operative society which shall contract with or be employed by or on behalf of the Zilla Parishad or Panchayat Samiti; or
2. (b) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Parishad or Panchayat Samiti may be inserted; or
3. (c) having share or interest in any transaction of loan given, or grant made, by or on behalf of a Zilla Parishad (such share or interest being acquired in accordance with the rules prescribed by the State Government);
4. (d) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Parishad; or
5. (e) being professionally engaged on behalf of the Zilla Parishad or Panchayat Samiti as a legal practitioner;

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1[(f) having a share or interest referred to in sub-clause (v), (vi) or (vii) of clause (b) of sub-section (2) of section 16.]

Every Councillor and every member of a Panchayat Samiti and every officer and servant holding office under or employed by a Zilla Parishad shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

1. (1) Any of the powers, duties or functions conferred or imposed upon a Head of the Department of the Zilla Parishad by or under this Act may, subject to such rules as may be made under section 274, be exercised, performed or discharged by any officer or servant holding office under the Zilla Parishad whom the Head of the Department empowers in writing in this behalf.
2. (2) A copy of any order made by the Head of the Department under sub-section (1) shall be forwarded by him to the Zilla Parishad, the Standing Committee and the Subjects Committee concerned.

1. (1) No suit shall be commenced against any Zilla Parishad or against any officer or servant of, or working under, a Zilla Parishad or any person acting under the orders of a Zilla Parishad or Panchayat Samiti for anything done, or purporting to have been done, in

pursuance of this Act, without giving to such Zilla Parishad officer, servant, or person one month’s

previous notice in writing of the intended suit nor after three months from the date of the act complained of. The notice shall state the cause of action, the nature of the relief sought, the amount of compensation claimed and the name of place of abode of the person who intends to bring the action.

1. (2) In the case of any such suit for damages, if tender of sufficient amends shall have been made

before the action was brought, the plaintiff shall not recover more than the amount so tendered, and

shall pay all costs incurred by the defendant after such tender.

2[280-A. Period of detention during Emergency declared in June 1975 to be ignored for

computing absence, and giving honorarium and other facilities to office-bearers.— (1)

Notwithstanding anything contained in sections 47, 51, 70, 74, 85, 89 and other relevant provisions of this Act, where any person, during his term as the President, or a Chairman or Deputy Chairman of a Panchayat Samiti, or a Chairman of a Subjects Committee, was detained under any law providing for preventive detention at any time during the period of operation of the Proclamation of Emergency, which was issued on the 25 th June 1975 and was revoked on the 21 st March 1977, the whole period of his detention shall be ignored in computing the period of his absence for any of the purposes of this Act.

1. (2) Accordingly, any such person shall not cease, and shall not be deemed ever to have ceased, to hold the office which he was holding when he was detained under such law merely on the ground of his detention or absence and shall be entitled, and shall be deemed always to have been entitled, throughout the period he was holding such office, to the payment of the honorarium, the residential accommodation and other facilities attached to his office.]

A Zilla Parishad may, by order in

writing, delegate any of its powers or functions under section 100, 102 or 106, and subject to rules made by the State Government, under such other provisions of this Act as the State Government may specify in this behalf, to any of the authorities of the Parishad as the State Government may deem fit.

1. (1) It shall be competent for a Zilla Parishad, a municipal corporation, municipality, a contonment authority or a notified area committee, notwithstanding anything contained in any law for the time being in force constituting or establishing such Zilla Parishad, municipal corporation, municipality, cantonment authority or notified area Clause (f) was added by Mah. 35 of 1963, s. 76. Section 280A was inserted by Mah. 14 of 1979, s. 4.

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Samitis Act, 1961 committee, to propose to anyone or more than one such other local authority or authorities that a joint meeting of one or more of such local authority or authorities be held for discussing matters in relation to—

1. (a) co-ordination of works and development schemes of any two or more such local authorities, or
2. (b) work or measures to be undertaken on the basis of joint responsibility of any two or more such local authorities.

1. (2) Where any local authority has made a proposal for a joint meeting under sub-section (1) and the other local authority or authorities has or have not accepted the proposal, the Commissioner may pass such orders as he may deem fit requiring the concurrence of such other authority or authorities, not being the cantonment authority in the matter aforesaid, and such local authority or authorities shall comply with such orders.
2. (3) If the proposal made by a local authority under sub-section (1) has been accepted by the other local authority or authorities a joint meeting thereof shall be held in such manner as may be prescribed by the State Government.
3. (4) The procedure at the joint meeting shall be such as may be prescribed by the State Government.
4. (5) The expenses connected with the joint meeting shall be borne in such proportion as may be agreed upon by the local authorities concerned and in the absence of the agreement as may be directed by the Commissioner.
5. (6) If any difference of opinion arises between local authorities (other than cantonment authority) acting under this section, the decision thereupon of the Commissioner shall be final.
6. (7) If any difference of opinion arises between any local authority and a cantonment authority acting under this section, the question shall be decided by the State Government with the concurrence of the Central Government.

The sum paid by the State Government to a municipal corporation, municipality, cantonment authority or notified area committee under sub-section (2) of section 150

• • * * * * * shall be expended by the municipal corporation, municipality, cantonment authority or notified area committee, as the case may be, only for such purposes as are described in section 100 or for the remuneration of officers and servants whom it entertains for any of the said purposes; and a portion thereof equal to not less than one-third of the revenue referred to in sub-section (2) of section 150
• • * * * * * shall be expended by it for matters falling in the sphere of education as enumerated in the District list.

of village accountants in non-panchayat areas of Zilla Parishad.] Deleted by Mah. 15 of 1974, s. 19.

Save as otherwise provided in sections 19 to 23, when any land is required for the purposes of this Act, the State Government may, on the request of the Zilla Parishad requiring it, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (1 of 1894), or other law corresponding thereto and for the time being in force and on payment by the Zilla Parishad of the compensation awarded under that Act or such law and of all other charges incurred by the State Government on account of the acquisition, the land shall vest in the Zilla Parishad

4[but subject to such terms, conditions and restrictions as may be imposed by the State Government :

The words, brackets and figures “or sub-section (2) of section 153” were deleted by Mah. 15 of 1974, s. 18. The words, brackets and figures “or sub-section (2) of section 153” were deleted by Mah. 15 of 1974, s. 18.

Now, see the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 (No. 30 of 2013). This portion was added by Mah. 6 of 1975, s. 47.

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Samitis Act, 1961 Provided that, on a breach of any of such terms, conditions or restrictions, the State Government may resume the said land and on such resumption, the land shall vest in the State Government free of all encumbrances, but on payment to the Zilla Parishad of an amount equal to the compensation awarded and paid by Zilla Parishad in respect of that land.]

Panchayat Samitis.— The headquarters of every Zilla Parishad and Panchayat Samiti shall be

located at such place (whether within or without the District) as the State Government may in

consulation with the Zilla Parishad or Panchayat Samiti concerned, by notification in the Official

Gazette, appoint in this behalf.] 286. (Amendment of certain enactments.) Deleted by Mah. 21 of 1968, s. 17.

1. (1) For the purpose of bringing the provisions of any law in force in the territory of this State into accord with the provisions of this Act, the State Government may by order published in the Official Gazette make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
2. (2) Nothing in sub-section (1) shall be deemed—
   • (a) to empower the State Government to make any adaptation or modification of any law after the expiration of two years from the commencement of this Act, or
   • (b) to prevent the State Legislature or other competent authority from repealing or amending any law adapted or modified by the State Government under this section. Explanation.— The expression “law in force” in this section shall include a law passed or made by the State Legislature or other competent authority in the State before the commencement of this Act and not previously repealed, notwithstanding that it or parts of it may not be then in operation either in all, or any particular areas in the State.

The provisions contained in the Eleventh Schedule shall apply to the constitution of Zilla Parishads and other matters specified therein.

If any difficulty arises in giving effect to the provisions of this Act or any Schedule, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty.

Subject to the provisions of section 288, the Bombay Local Boards Act, 1923

(Bom. VI of 1923), the Central Provinces and Berar Local Government Act, 1948 (C. P. and Berar Act XXXVIII of 1948), and the Hyderabad District Board Act, 1955 (Hyd. Act I of 1956), are hereby repealed.

Section 285A was inserted by Mah. 35 of 1963, s. 77.

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