Chapter III CONSTITUTION OF PANCHAYAT SAMITIS

For every Block, there shall be a Panchayat Samitis, and the Panchayat Samiti shall have all such functions as are vested in it by this Act, or otherwise.

2[(1) Every Panchayat Samiti shall consist of,—

1. (a) members elected by direct one each from each electoral college in accordance with the provisions contained in section 58 and the rules in that behalf: Provided that, the ratio between the population of the territorial area of a Panchayat Samiti and the number of seats in such Panchayat Samiti to be filled in by election shall, as far as practicable, be the same throughout the State;
2. (b) twenty per cent. of the total number of elected member or minimum one person, whichever is higher, having special knowledge or experience in respect of the administration of Zilla Parishads or Panchayat Samitis to be nominated by the Collector as nominated members: Provided that, the nominated members referred to in clause (b) shall have no right to,—
   • (i) vote at any meeting of the Panchayat Samiti and committees of the Panchayat Samiti; and
   • (ii) get elected as a Chairman or Deputy Chairman of a Panchayat Samiti or Chairperson of any of the committees of the Panchayat Samiti.] Provided that, the ratio between the population of the territorial area of a Panchayat Samiti and the number of seats in such Panchayat Samiti to be filled in by election shall, as far as practicable, be the same throughout the State.]
     • • * * * * * 4[(3)(a) 5[ln general election, on the election of two-thirds or more of the number of members falling under
     • • * * of sub-section (1), the names of these members together with their permanent addresses shall be published by the 7[State Election Commission] at such time and in such manner as may be prescribed by the State Government; and upon such publication the Panchayat Samiti shall be deemed to be duly constituted. In determining two-thirds of the number of members, a fraction shall be ignored :] Provided that, such publication shall not be deemed—
   • (i) to preclude the completion of the election in any Block 8[and the publication likewise by the 9[State Election Commission] of the names and permanent addresses of the elected members as and when they are available; or]
   • (ii) to affect the term of office of the members of the Panchayat Samiti under the Act].
     • • * * * * * These words were inserted by Mah. 35 of 1963, s. 17. Sub-section (1) was substituted by Mah. 17 of 2026, s. 5. Sub-sections (2) and (2A) were deleted by Mah. 4 of 2002, s. 4, w.e.f. 31-10-2004. This sub-section was substituted for the original by Mah. 22 of 1962, s. 4. This portion was substituted for the portion beginning with words “The names of members” and ending with the words “deemed to have been constituted” by Mah. 9 of 1972, s. 5(a). The words, brackets and letter “clause (f) of” were deleted by Mah. 21 of 1994, s. 52(2)(b). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 52(2)(a). This portion was substituted for the word “or” by Mah. 9 of 1972, s. 5(b). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 52(2)(a). Clause (b) was deleted by Mah. 21 of 1994, s. 52(2)(c).

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1[(3A) If in the general election, less than two-thirds of the total number of members are elected then, the State Election Commission shall not publish the names and permanent addresses of such elected members : Provided that, before coming into force of the Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2016 (Mah. XXV of 2016), where less than fifty per cent. of the total number of members are elected and if the State Election Commission has published the names of such elected candidates, then such candidates shall have no right to claim and continue as members :

Provided further that, in such case, the State Election Commission shall hold the fresh election

of such Panchayat Samiti.]

• • * * * * *

1. (5) The Block Development Officer shall be the Secretary, ex-officio, of the Panchayat Samiti.

3[electoral colleges,] disqualifications, elections and election disputes.—

4[(1) For the purposes of holding elections under

• • * * sub-section (1), of section 57,—

6[(a) each electoral division in the Block shall be divided into two colleges

7[by the State

Election Commission, so however, that such colleges shall be divided in such manner that the ratio between the population of each electoral college and the total number of members to be

elected for Panchayat Samiti shall, as far as practicable, be the same throughout Panchayat

Samiti area].

• • * * * * *]] 9[(1A)] The list of voters for each electoral division referred to in sub-section (1) of section 13 and in force on such date as the 10[State Election Commission] may, by general or special order notify in this behalf, for such part of the electoral division as is included in an electoral college, shall be the list of voters for such electoral college. An officer designated by the 11[State Election Commission] shall maintain the list of voters for each electoral college. 12[(1B) (a) In the seats to be filled in by election in a Panchayat Samiti, there shall be seats

reserved for persons belonging to the Scheduled Castes, Schedule Tribes, Backward Class of citizen

and women, as may be determined by the State Election Commission in the prescribed manner;

1. (b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti shall bear, as nearly as may be, the same proportion, to the total number of seats to be filled in by direct election in that Panchayat Samiti as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that Panchayat Samiti area bears to the total population of that area and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti : 13[Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one half of the total number of seats in the Panchayat Samiti: Sub-section (3A) was inserted by Mah. 25 of 2016, s. 3. Sub-section (4) was deleted by Mah. 6 of 1975, s. 12(2). These words were inserted by Mah. 10 of 1979, s. 10(b). Sub-section (1) was substituted for the original by Mah. 6 of 1975, s. 13(1). The words, brackets and letter “clause (f) of” were deleted by Mah. 21 of 1994, s. 53(1)(a). These clauses were substituted for the original clause (a) by Mah. 10 of 1979, s. 10(a). This portion was substituted for the portion beginning with the words “in accordance” and ending with the word “population” by Mah. 21 of 1994, s. 53(1)(b). Clauses (aa), (aa-1), (ab) and (a-c) were deleted by Mah. 21 of 1994, s. 53(1)(c). Clause (b) was re-numbered and re-lettered as sub-section (1A) by Mah. 21 of 1994, s. 53(1). These words were substituted for the words “State Government” by Mah. 21 of 1994, s. 53(1)(d)(i). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 53(1)(d)(ii). Sub-sections (1B), (1C) and (1D) were inserted by Mah. 21 of 1994, s. 53(2). These provisos were inserted by Mah. 20 of 1997, s. 5(a)(i).

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Samitis Act, 1961 Provided further that, the reservation for the Scheduled Tribes in a Panchayat Samiti falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (b):]

1[Provided also that],

2[one-half of the total number of seats] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;

3[(c) the seats to be reserved for persons belonging to the category of Backward Class of Citizens shall be upto 27 per cent. of the total number of seats to be filled in by election in a Panchayat Samiti and the total reservation shall not be more than 50 per cent. of the total seats in the Panchayat Samiti and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti : Provided that, in a Panchayat Samiti comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of Citizens shall be the seats remaining, if any, after reservation of the seats for the Scheduled Tribes and the Scheduled Castes : Provided further that, the reservation for the persons belonging to the Backward Class of

Citizens in a Panchayat Samiti falling only partially in the Scheduled Areas shall be as per the

provisons of this clause : Provided further that, one-half of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of Citizens ;] (d)

4[one half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Panchayat Samiti shall be reserved for women and such seats shall be allotted by rotation to different electoral colleges in a Panchayat Samiti. (1C) The reservation of seats (other than the reservation for women) under sub-section (1B) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India. (1D) An election to constitute a Panchayat Samiti shall be completed—

1. (a) before the expiry of its duration specified in sub-section (1) of section 59;
2. (b) in the case of dissolved Panchayat Samiti before the expiration of a period of six months from the date of dissolution : Provided that, where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Panchayat Samiti for such period;
3. (c) in the case of fresh election, if required to be held, under sub-section (2) of section 27 read with sub-section (2) of section 58, on such date, as soon as may be practicable, as may be fixed by the State Election Commission.] 5[(1E)] The provisions of sections 14, 15, 15A, 16, 17 and 18 relating to the date of election, qualifications for being elected and disqualifications and the right to vote in the elections of Councillors of a Zilla Parishad shall apply in relation to the members of a Panchayat Samiti as they apply in relation to the Councillors of a Zilla Parishad, with the modification that—
4. (a) in section 15, for the words “electoral division” the words “electoral college”, and for the word “District” the word “Block” shall be substituted; These words were substituted for the words “Provided that” by Mah. 20 of 1997, s. 5(a)(ii). These words were substituted for the words “one third of the total number of seats” by Mah. 19 of 2011, s. 6(a). Clause (c) was substituted by Mah. 19 of 2022, s. 6. These words were substituted for the words “one third” by Mah. 19 of 2011, s. 6(c). Existing sub-section (1A) was re-numbered and re-lettered as sub-section (1E) by Mah. 21 of 1994, s. 53(3).

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1. (b) in section 16, in clause (d) of sub-section (1), for the figures “39” the figures “61” shall be substituted;
2. (c) in section 17, for the words “electoral division”, wherever they occur, the words “electoral college”, and in sub-section (3) for the words “electoral divisions”, the words “electoral colleges” shall be substituted.]

1. (2) The provisions of 1[ 2[sections 12A, 19 to 27,] 27A and 28] (both inclusive) and 3[28A to 28D (both inclusive), 29 to 33 (both inclusive), 33A and 34 to 37 (both inclusive)] relating to elections and election disputes and any rules made thereunder shall apply mutatis mutandis 4[in relation to election of members under
   • • * * sub-section (1) of section 57.]
   • • * * * *

The voting at an election of the members shall be by ballot or by electronic voting machine and no votes shall be received by proxy.]

1. (1) The term of office of members of a Panchayat Samiti shall, except as otherwise provided in this Act, be five years commencing on the date of the first meeting of the Panchayat Samiti.
   • • * * * *
2. (2) The members of a Panchayat Samiti constituted upon its dissolution before the expiration of its duration under sub-section (1), shall continue only for the remainder of the period for which the members of the Panchayat Samiti would have continued under sub-section (1) had it not been so dissolved.
3. (3) The first meeting of a Panchayat Samiti shall be held on such date as may be fixed by the Collector or by an Officer, authorised by the Collector in this behalf by general or special order, as soon as may be, after the publication of the names of the members under sub-section (3) of section 57; and such date shall not,— 10[(4) The term of the office of the nominated member shall be co-terminus with the duration of the Panchayat Samiti.]
   • (a) in the case of first meeting after general election, be later than the day immediately following the date of expiry of the term of the outgoing members;
   • (b) in the case of election held after the dissolution of the Panchayat Samiti, be later than the date of expiry of the period of six months from the date of dissolution of the Panchayat Samiti.]

1. (1) After election of Chairman, the Collector shall call a special meeting for the purpose of nominating members.
2. (2) The nomination of the members under clause (b) of sub-section (1) of section 57 shall be made in the prescribed manner. These words and figures were substituted for the words and figures “sections 19 to 28” by Mah. 21 of 1994, s. 53(4)(a). These words, figures and letter were substituted for the words and figures “sections 19 to 27” by Mah. 37 of 2006, s. 7. This portion was substituted for “27 to 37 (both inclusive)” by Mah. 35 of 1963, s. 19(b).

This portion was substituted for the words, brackets and figures “in relation to election of Sarpancha or Chairman of

Executive Committee elected under sub-section (2) of section 57” by Mah. 7 of 1967, s. 5. The words, brackets and letter “clause (f) of” were deleted by Mah. 21 of 1994, s. 53(4)(b). Sub-section (3) was deleted by Mah. 4 of 2002, s. 5, w.e.f. 31-10-2001. Section 58A was inserted by Mah. 20 of 2005, s. 6. Section 59 was substituted by Mah. 21 of 1994, s. 54. The proviso was deleted by Mah. 4 of 2002, s. 6, w.e.f. 31-10-2001. Sub-Section (4) was added by Mah. 17 of 2026, s. 6. Section 59A was inserted by Mah. 17 of 2026, s. 7.

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1. (3) The meeting called under sub-section (1) shall be presided over by the Collector or such

officer as the Collector may by order in writing appoint in this behalf. The Collector or such officer

when presiding over such meeting shall have the same powers as the Chairman of a Panchayat Samiti when presiding over a meeting of the Panchayat Samiti has, but shall have no right to vote: Provided that, notwithstanding anything contained in this Act, for regulating the procedure at meetings (including the quorum required thereat), the Collector or the officer presiding over such meeting may, for reasons which in his opinion are sufficient, refuse to adjourn such meeting.

1. (4) While nominating the members, the Collector shall take into account the relative strength of recognized parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the Panchayat Samiti, after consulting the leader of each such party or group: Provided that, for the purpose of deciding the relative strength of the recognized parties or registered parties or groups under this sub-section, the recognized parties or registered parties or groups, or elected member not belonging to any such party or group, may, notwithstanding anything contained in the Maharashtra Local Authority Members Disqualification Act, 1986 (Mah. XX of 1987), within a period of not more than three months from the date of notification of election results, form the aghadi or front, and, on its registration, the provisions of the said Act shall apply to the members of such aghadi or front, as it is a pre-poll aghadi or front.
2. (5) The names of the nominated members shall also be published by the State Election Commission in the Official Gazette.]

Any member of a Panchayat

Samiti

• • * * * may resign his office by writing under his hand addressed to the Chairman, and the Chairman may resign his office as member of the Panchayat Samiti by writing under his hand 2[addressed to the President; and the office of the member shall thereupon become vacant]. 3[The notice of resignation shall be delivered in the manner prescribed.]

The State Government may, if it thinks fit on the recommendation of

4[the Panchayat Samiti supported by not less than two-thirds of the number of

members] present and voting, remove any member thereof

• • * * * * if he has been guilty of misconduct in the discharge of his duties or any disgraceful conduct or has become incapable of performing his duties as a member of the Panchayat Samiti : Provided that—
• • * * * * *

1. (b) no such member shall be removed from office unless he has been given a reasonable opportunity to furnish his explanation.

1. (1) If any member of a Panchayat Samiti
   • • * * * during the term of his office—
   • (a) becomes disqualified under section 68; or The brackets, words, letters and figures “(not being members falling under clauses (a), (b) and (c) of sub-section (1) of section 57)” were deleted by Mah. 21 of 1994, s. 55. These words were substituted for the portion beginning with the words “addressed to the President” and ending with the words “State Government” by Mah. 35 of 1963, s. 20. These words were added by Mah. 43 of 1964, s. 9. These words were substituted for the words “two-thirds of the members of the Panchayat Samiti” by Mah. 43 of 1962, s. 9. The brackets, words, letter and figures “(not being a member falling under clause (c) of sub-section (1) of section 57)” were deleted by Mah. 21 of 1994, s. 56(1). Clause (a) was deleted by Mah. 21 of 1994, s. 56(2). The brackets and words “(being a member who is not a Councillor)” were deleted by Mah. 21 of 1994, s. 57(1).

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1. (b) is for a period of three consecutive months (excluding in the case of its Chairman and Deputy Chairman any period of leave duly sanctioned), without the permission of the Panchayat Samiti absent from meetings thereof 1[or is absent from such meetings for a period of six consecutive months,] the office of such member shall become vacant.
   • • * * * * 3[(3) If any question whether a vacancy has occurred in the office of member under this section

is raised either by the Commissioner suo motu or on an application made to him by any person, the

Commissioner shall decide the question

4[as far as possible] within ninety days from the date of receipt of such application, and his decision thereon shall be final. Until the Commissioner decides the question, the member shall not be disabled from continuing to be a member of the Panchayat Samiti : Provided that, no order shall be passed under this sub-section by the Commissioner against any member without giving him a reasonable opportunity of being heard.]

1. (1) If the State Election Commission is satisfied that a person,—
   • (a) has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and
   • (b) has no good reason or justification for such failure, the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a member or for contesting an election for being a member for a period of five years from the date of the order.
2. (2) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1) or reduce the period of any such disqualification.]

In the event of any vacancy occurring on account of death, resignation, disqualification or removal of a member of a Panchayat Samiti or through a member becoming incapable of acting previous to the expiry of his term of office or otherwise,

6[the Block Development Officer] shall forthwith communicate the occurrence to

7[the State Election

Commission],

• • * * * and the vacancy shall be filled in, as soon as conveniently may be, by election

of a person, thereto, who shall hold office so long only as the member in whose place he is elected,

• • * would have held it, if the vacancy had not occurred : Provided that, notwithstanding anything contained in section 57, if the vacancy occurs within six months preceding the date on which the term of office of members expires, the vacancy shall not be filled.
• • * * * * *

11[(1) Subject to the provisions of sub-section (4), every Panchayat Samiti shall be presided over by the Chairman who shall be elected by, and from amongst, the members of the Panchayat Samiti.]

These words were added by Mah. 21 of 1968, s. 5(a). Sub-section (2) was deleted by Mah. 21 of 1994, s. 57(2). Sub-section (3) was substituted by Mah. 35 of 1963, s. 21. These words were inserted by Mah. 43 of 1964, s. 10. This section was inserted by Mah. 16 of 2010, s. 6. These words were substituted for the words “the Chairman” by Mah. 21 of 1968, s. 6. This portion was substituted for the portion beginning with the words “the Collector” and ending with the word “co-option” by Mah. 21 of 1994, s. 58(1). The words, brackets and figures “or to the Collector in case of the nominated members appointed under sub-section (2) of section 57,” were deleted by Mah. 4 of 2002, s. 7, w.e.f. 31-10-2001. The words “or co-opted” were deleted by Mah. 21 of 1994, s. 58(2). The second and third provisos were deleted by Mah. 21 of 1994, s. 58(3). Sub-section (1) was substituted by Mah. 21 of 1994, s. 59(1).

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1[Subject to the provisions of

2[sub-section] (4), the Panchayat Samiti] shall also elect one of its members

• • * to be the Deputy Chairman. 4[ 5[* * * * * * *]

1. (4) No member of a Panchayat Samiti shall be eligible to be elected as Chairman or Deputy Chairman if he is a Chairman of more than one co-operative society, and if a Chairman or Deputy Chairman is elected as Chairman of more than one cooperative society, the office of the Chairman, or as the case may be, Deputy Chairman of the Panchayat Samiti shall, on the date on which he is so elected, become vacant.
   • • * * * * * *]

Save as

otherwise provided in this Act, the provisions of section 43 shall mutatis mutandis apply in relation to the term of office of the Chairman and Deputy Chairman of a Panchayat Samiti.]

• • * * * * * *

9[(1) Every Panchayat

Samiti shall be presided over by a Chairman, who shall be elected by, and from amongst, its elected members, in the first meeting held in accordance with the provisions of sub-section (3) of section 59].

1. (2) The Chairman elected under sub-section (1) shall be entitled to attend the first meeting of the Parishad called under sub-section (2) of section 11 as ex-officio Councillor, and as soon thereafter as possible take charge of office of Chairman of the Panchayat Samiti from the 10[outgoing] Chairman.
2. (3) The meeting

11[referred to in sub-section (1)] shall be presided over by the Collector or the

officer authorised by him

12[under sub-section (3) of section 59]. The Collector or such officer shall, when presiding over such meeting, have the same powers as the Chairman of a Panchayat Samiti when presiding over a meeting of the Panchayat Samiti has, but shall not have the right to vote : Provided that, notwithstanding anything contained in section 118, the Collector or such officer

13[may, for reasons recorded in writing which in his opinion are sufficient, refuse to adjourn such meeting, or as the case may be, adjourn such meeting].

1. (4) If in the election of the Chairman there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Collector or officer presiding in such manner as he may determine.

14[(5) There shall be reservation in the office of the Chairman in the Panchayat Samitis for the

members belonging to the Scheduled Castes, the Scheduled Tribes, the category of Backward Class of citizens and women as follows :—

These words, brackets and figures were substituted for the words “The Panchayat Samiti” by Mah. 6 of 1975, s. 15(2). These words were substituted for the words, brackets and figures “sub-sections (3) and” by Mah. 21 of 1994, s. 59(2)(a). The brackets and words “(excluding it’s associate members)” were deleted by Mah. 21 of 1994, s. 59(2)(b). Sub-sections (3) and (4) were added by Mah. 6 of 1975, s. 15(3). Sub-section (3) was deleted by Mah. 21 of 1994, s. 59(3). The Explanation was deleted by Mah. 21 of 1994, s. 59(4). Section 65 was substituted by Mah. 27 of 2000, s. 5. Section 66 was deleted by Mah. 21 of 1994, s. 60. Sub-section (1) was substituted by Mah. 21 of 1994, s. 61(1). This word was substituted for the word “retiring” by Mah. 35 of 1963, s. 23(1). These words were substituted for the words “called under” by Mah. 21 of 1994, s. 61(2)(a). These words, brackets and figures were substituted for the words “as aforesaid” by Mah. 21 of 1994, s. 61(2)(b). These words were substituted for the words “may for reasons, which in his opinion are sufficient, refuse to adjourn such meeting” by Mah. 35 of 1963, s. 23(2). Sub-sections (5) to (8) were inserted by Mah. 21 of 1994, s. 61(3).

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1. (a) the number of offices of Chairman to be reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayat Samitis shall bear as nearly as may be, the same proportion to the total number of such offices in the Panchayat Samitis as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State 1[excluding the population of the Scheduled Tribes in the Panchayat Samitis comprising entirely the Scheduled Areas] bears to the total population of the State : 2[Provided that, the office of the Chairperson of a Panchayat Samitis comprising entirely the Scheduled Areas shall be reserved only for the persons belonging to the Scheduled Tribes :

Provided further that, the office of the Chairperson of a Panchayat Samiti falling only

partially in the Scheduled Areas shall be reserved for the persons belonging to the Scheduled Tribes in accordance with the provisions of clause (a) :]

3[Provided also that],

4[one-half of the total number of offices] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :

5[Provided also that, in a Panchayat Samiti in the Scheduled Areas where the population of the Scheduled Tribes is more than fifty per cent. of the total population, the office of the Chairperson shall be reserved only for the persons belonging to the Scheduled Tribes;]

1. (b) the offices of Chairman to be reserved for persons belonging to the category of Backward Class of citizens shall be upto 27 per cent. of the total number of such offices in the Panchayat Samitis and the total reservation shall not be more then 50 per cent of the total seats in the State : Provided that, one-half of the offices so reserved shall be reserved for women belonging to the category of Backward Class of Citizens; (c) 7[one-half] of the total number of offices of Chairman (including the number of offices

reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category

of Backward Class of citizens) in the Panchayat Samitis shall be reserved for women.

• • * * * * * *

1. (7) The number of offices reserved as aforesaid shall be allotted by rotation to different Panchayat Samitis in the prescribed manner. 9[(7A) Every person desirous of contesting election to the office of the Chairman reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Schedule Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001).] 10[Provided that, a person who has applied to the Scrutiny Committee for verification of his Caste Certificate before the date of filing of the nomination papers, but who has not received the Validity Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,— These words were inserted by Mah. 20 of 1997, s. 6(a). These provisos were inserted by Mah. 20 of 1997, s. 6(b). These words were substituted for the words “Provided that” by Mah. 20 of 1997, s. 6(c). These words were substituted for the words “one third of the total number of offices” by Mah. 19 of 2011, s. 7(1)(a). This proviso was added by Mah. 27 of 2003, s. 6. Clause (b) was substituted by Mah. 19 of 2022, s. 7. These words were substituted for the words “one third” by Mah. 19 of 2011, s. 7(1)(c). Sub-section (6) was deleted by Mah. 19 of 2011, s. 7(2). Sub-section (7A) was inserted by Mah. 5 of 2009, s. 6. These provisos were substituted by Mah. 48 of 2025, s. 6.

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1. (i) a true copy of the application submitted by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee ; and
2. (ii) an undertaking that he shall submit the Validity Certificate issued by the Scrutiny Committee, within a period of six months from the date on which he is declared elected :

Provided further that, if such person fails to produce the Validity Certificate within a period of

six months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Chairman.]

1. (8) The reservation of offices of Chairman (other than the reservation for women) shall cease to have effect on the expiration of the period specified, in article 334 of the Constitution of India.]

There shall be a Deputy Chairman in every Panchayat Samiti who shall be elected by, and from amongst, the members of the Panchayat Samiti immediately after the election of the Chairman in a meeting referred to in sub-section (1) of section 67.]

Chairman or Deputy Chairman.— In the event of a dispute arising as to the validity of the election of a Chairman or Deputy Chairman, the Collector or any officer authorised by him or any member

• • * * * may refer the dispute within thirty days from the date of the election to the Commissioner for decision. An appeal against the decision of the Commissioner may, within thirty days from the date of such decision, be filed before the State Government.]

Samiti.— (1) Subject to the provisions of section 70, there shall be paid to the Chairman and the

Deputy Chairman of a Panchayat Samiti honoraria of

4[three thousand rupees and one thousand and

five hundred rupees] per month, respectively. (2)

5[The Chairman may be provided without payment of rent the use of furnished residential accommodation or subject to such rules as the State Government may make in this behalf, such house rent allowance in lieu thereof as may be deemed suitable by the Zilla Parishad], and the Chairman and the Deputy Chairman may be given such travelling and other allowances as may be prescribed by the State Government.

1. (3) The Chairman and the Deputy Chairman shall not be disqualified for being chosen as, or for being a Councillor or a member of a Panchayat Samiti by reason only that he is in receipt of an honorarium or any allowances or amenities under this section.
2. (4) The Chairman and the Deputy Chairman shall devote sufficient time and attention to the duties of their office.

(1)

6[The Chairman or Deputy Chairman of a Panchayat Samiti may

remain absent for thirty days in the aggregate in a year without permission, and he may be granted leave of absence for a period exceeding thirty days but not exceeding ninety days in the aggregate in a year by the Panchayat Samiti and for any period exceeding ninety days by the Standing Committee] but no leave exceeding one hundred and eighty days in any one year shall be granted.

7[Provided that, if the Chairman and the Deputy Chairman are on leave together the Chairman of the Subjects Committee chosen by the Chief Executive Officer by drawing lots in such manner as he

Section 68 was substituted by Mah. 21 of 1994, s. 62. Section 68A was inserted by Mah. 35 of 1963, s. 24. The brackets and words “(other than an associate member)” were deleted by Mah. 21 of 1994, s. 63. These words were substituted for the words “one thousand rupees and eight hundred rupees” by Mah. 11 of 1994, s. 4. This portion was deemed always to have been substituted for the portion beginning with the words “The Chairman” and ending with the words “the Zilla Parishad” by Mah. 8 of 1966, s. 4. This portion was substituted for the portion beginning with the words “A Panchayat Samiti” and ending with the words “one hundred and eighty days in a year” by Mah. 35 of 1963, s. 25. This proviso was added by Mah. 8 of 1966, s. 5.

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deemed fit, shall exercise the powers and perform the duties of the Chairman of the Samiti until the

Chairman or as the case may be, the Deputy Chairman of the Samiti resumes duty.]

1. (2) A Chairman or Deputy Chairman shall not be entitled to any honorarium for any period of absence exceeding thirty days in a year under sub-section (1).
2. (3) Nothing in sub-section (2) shall apply when the Chairman or Deputy Chairman is absent for a period not exceeding ninety days during the term of his office on ground of illness duly certified by such medical authority as the State Government may specify in this behalf.

1. (1) The Chairman may resign his office by writing under his hand addressed to the President, 1[and his office shall thereupon become vacant].
2. (2) The Deputy Chairman may resign his office by writing under his hand addressed to the Chairman 2[and his office shall thereupon become vacant]. 3[(3) The notice of resignation shall be delivered in the manner prescribed.]

Samiti.—

5[(1) A Chairman or Deputy Chairman shall cease to be the Chairman or the Deputy Chairman, as the case may be, if a motion of no-confidence is passed at a special meeting of the Panchayat Samiti by

6[a majority of two-third] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti and the office of such Chairman or Deputy Chairman shall thereupon be deemed to be vacant :

7[Provided that, where the office of the Chairman being reserved for a woman, is held by a

woman Chairman, such motion of no-confidence shall be passed only by a majority of not less than

three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti :]

8[Provided further that], no such motion of no-confidence shall be brought within a period of six months from the date of the election of the Chairman or the Deputy Chairman, as the case may be, of a Panchayat Samiti.

1. (2) The requisition for such special meeting shall be signed by not less than 9[one-third] of the total number of members who are for the time being entitled to sit and vote at any meeting of the Panchayat Samiti and shall be delivered to the Collector. The requisition shall be signed by the requisitionists and shall be made in such form and in such manner as may be prescribed by the State Government.]
2. (3) The Collector shall within seven days from the date of receipt of the requisition under sub-section (2) convene a special meeting of the Panchayat Samiti. The meeting shall be held on a date not later than thirty days from the date of issue of the notice of the meeting.
3. (4) The meeting shall be presided over by the Collector or any officer authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same powers as the Chairman when presiding over a Panchayat Samiti meeting has, but shall not have the right to vote.
4. (5) The meeting called under this section shall not, for any reason, be adjourned. These words were substituted for the portion beginning with the words “but the resignation” and ending with the words “in that behalf” by Mah. 35 of 1963, s. 26. These words were substituted for the portion beginning with the words “but the resignation shall not take effect” and ending with the words “in that behalf” by Mah. 35 of 1963, s. 26. Sub-section (3) was inserted by Mah. 43 of 1964, s. 11. Section 72 was substituted for the original by Mah. 6 of 1975, s. 18. Sub-sections (1) and (2) were substituted by Mah. 12 of 1996, s. 3(1). These words were substituted for the words “a majority” by Mah. 27 of 2000, s. 6(1). This proviso was inserted by Mah. 28 of 2003, s. 6(a). These words were substituted for the words “Provided that” by Mah. 28 of 2003, s. 6(b). These words were substituted for the words “one-fifth” by Mah. 27 of 2000, s. 6(2).

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1. (6) The names of the members voting for and against the motion shall be read in the meeting and recorded in the minute-book kept under section 118 read with sub-section (13) of section 111. 1[(7) If the motion of no-confidence is not moved or, as the case may be, is rejected, no fresh motion of no-confidence shall be brought before the Panchayat Samiti within a period of 2[one year] from the date of the special meeting convened under sub-section (3).]]

Without prejudice to the provisions of section 72, a Chairman or Deputy Chairman of a Panchayat Samiti may be removed from office by the State Government for misconduct in the discharge of his duties, or neglect of, or incapacity to perform his duty or for being persistently remiss in the discharge thereof or guilty of any disgraceful conduct; and the Chairman or Deputy Chairman so removed shall not be eligible for re-election as Chairman or Deputy Chairman during the remainder of the term of office of the members of the Panchayat Samiti: Provided that, no such Chairman or Deputy Chairman shall be removed from office unless he has been given an opportunity to

3[furnish his explanation].

Subject to rules made by the State Government in this behalf, a Chairman or Deputy Chairman who absents himself from duty for a period exceeding thirty days in the aggregate in a year without leave shall cease to be the Chairman or the Deputy Chairman, as the case may be.

1. (1) In the event of a vacancy in the office of the Chairman or Deputy Chairman by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of sections 64 and 73, be filled as conveniently as may be by election of a new Chairman or Deputy Chairman 4[, who shall hold office only so long as the person in whose place he is elected would have held it, had the vacancy not occurred] : Provided that, if for any reason the offices of the Chairman and Deputy Chairman become vacant simultaneously, the Chairman of a Subjects Committee chosen by lot drawn by the Chief Executive Officer in such manner as he deemes fit shall, pending the election of the Chairman, exercise the powers and perform the duties of the Chairman : 5[Provided further that, such Chairman shall not, by virtue of the provisions of the first proviso, be a member of the Zilla Parishad.] 6[(2) Where on account of any of the reasons aforesaid, the offices of the Chairman and Deputy Chairman or the office of either of them becomes vacant, the provisions of section 67, or as the case may be, section 68 shall be applicable, so far as may be, to the calling of the meeting and the procedure to be followed at such meeting for the election of the Chairman or the Deputy Chairman or of both.]

Chairman.— (1) On the election of a new Chairman or Deputy Chairman, the outgoing Chairman in whose place the new Chairman is elected shall

8[in cases falling under sub-section (1) of section 75, hand over charge forthwith and in any other case, shall] hand over charge of his office to the new Chairman as soon as possible after the first meeting of the Parishad referred to in sub-section (2) of

Sub-section (7) was substituted by Mah. 9 of 1994, s. 3(2). These words were substituted for the words “six months” by Mah. 16 of 2001, s. 4. These words were substituted for the words “tender an explanation” by Mah. 43 of 1962, s. 11. This portion was inserted by Mah. 34 of 1997, s. 9. This proviso was inserted by Mah. 21 of 1994, s. 65. Sub-section (2) was substituted for the original by Mah. 6 of 1975, s. 19. Section 75A was inserted by Mah. 35 of 1963, s. 29. These words, brackets and figures were inserted by Mah. 43 of 1964, s. 13.

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Samitis Act, 1961 section 67 and the Deputy Chairman shall forthwith hand over charge of his office to such new Deputy Chairman.

1. (2) If the outgoing Chairman or Deputy Chairman fails or refuses to hand over charge of his office as required by sub-section (1), the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the Chairman or the Deputy Chairman, as the case may be, to forthwith hand over charge of his office and all papers and property of the Panchayat Samiti, if any, in his possession as such Chairman or Deputy Chairman, to the new Chairman or Deputy Chairman.
2. (3) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, the State Government may take steps to recover all papers and property of the Panchayat Samiti, if any, in the possession of such Chairman or Deputy Chairman and for that purpose the State Government may authorise any officer to issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898 (V of 1898). The papers and property so recovered shall be handed over to the new Chairman or the Deputy Chairman, as the case may be.
3. (4) If the outgoing Chairman or Deputy Chairman to whom a direction is issued under sub-section (2) does not comply with such direction, otherwise than for reasons beyond his control, he shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.]

duties, when offices of all presiding officers are vacant simultaneously.— Where for any reason, at any time, the offices of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas under section 77A become vacant simultaneously, then notwithstanding anything contained in this Act or the rules made thereunder, pending the election of the new Chairman or the Deputy Chairman, the State Government may, by order published in the Official Gazette, authorise the Chief Executive Officer or such other officer as may be specified by it in that behalf,—

1. (a) to exercise all the powers and to perform all the duties of the Panchayat Samiti and the Committee of Sarpanchas, including those of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas, to the exclusion of the members; or
2. (b) to exercise all the powers and perform all the duties of the Chairman, Deputy Chairman and Chairman of the Committee of Sarpanchas.]
   • • * * *

Subject to the provisions of

this Act and the rules or regulations made thereunder—

1. (1) The Chairman of a Panchayat Samiti shall—
   • (a) convene, preside at and conduct meetings of the Panchayat Samiti;
   • (b) have access to the records of the Panchayat Samiti;
   • (c) exercise supervision and control over the acts of officers and servants of or under

the Zilla Parishad and working in the Block in matters of execution or administration

(including the carrying into effect the resolutions and decisions of the Panchayat Samiti) and the accounts and records of the Panchayat Samiti;

See now the Code of Criminal Procedure, 1973 (2 of 1974). Section 75B was inserted by Mah. 5 of 2009, s. 7. The existing provisos were deleted with effect from 12 th September 2022, by Mah. 7 of 2023, s. 2.

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1. (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.

1. (2) The Chairman of a Panchayat Samiti may—
   • (a) call for any information, return, statement, account or report from any officer or servant working under the Panchayat Samiti;
   • (b) enter on and inspect any immovable property in the Block occupied by the Zilla Parishad, or any institution in the Block under the control and management of the Zilla Parishad, or the Panchayat Samiti or any work or development scheme in progress in the Block undertaken by the Zilla Parishad or the Panchayat Samiti or under its direction.

1. (1) The Deputy Chairman of a Panchayat Samiti shall—
   • (a) in the absence of the Chairman, preside at the meetings of the Panchayat Samiti;
   • (b) exercise such of the powers and perform such of the duties of the Chairman of the Panchayat Samiti as the Chairman from time to time may, subject to the rules made by the State Government in that behalf, delegate to him by an order in writing; and
   • (c) pending the election of the Chairman, or during the absence of the Chairman 1[from the District, or by reason of leave, for a period exceeding thirty days] exercise the powers and perform the duties of the Chairman.
2. (2) The Deputy Chairman of a Panchayat Samiti may enter on and inspect any immovable property in the Block occupied by the Zilla Parishad, or any institution in the Block under the control and management of the Zilla Parishad or the Panchayat Samiti or any work or development scheme

in progress in the Block undertaken by the Zilla Parishad or the Panchayat Samiti or under its

direction and shall send a report of such inspection to the Chairman of the Panchayat Samiti.

1. (1) Every Panchayat Samiti shall in the manner hereinafter provided appoint a Committee consisting of either fifteen Sarpanchas or of Sarpanchas of one-fifth of the total number of Panchayats in the Block whichever is more, to be known as the Committee of Sarpanchas.
2. (2) The Deputy Chairman shall be ex-officio Chairman of the Committee.
3. (3) The Extension Officer (Panchayat) and where more than one Extension Officer (Panchayats) have been appointed, such one of them as may be nominated in this behalf, by the Block Development Officer, shall be ex-officio Secretary of the Committee.
4. (4) The Sarpanchas shall be nominated by the Panchayat Samitis by rotation every year. The manner and periodicity of a rotation of such nomination shall be such as may be prescribed by the State Government.
5. (5) The Committee shall be a consultative and advisory body and shall tender its advice to the Panchayat Samiti on all matters relating to the discharge of its functions of control and supervision of Panchayat in accordance with the provisions of the Bombay Village Panchayats Act, 1958 (Bom. III of 1959). The Panchayat Samiti shall give due consideration to the advice tendered by the Committee.
6. (6) The Committee may meet as often as may be necessary; but one month shall not intervene

between its last meeting and the day fixed for the next meeting and shall observe such procedure in

regard to the transaction of business as the State Government may by order determine, in that behalf.

These words were inserted by Mah. 35 of 1963, s. 30. Section 77A was inserted by Mah. 6 of 1975, s. 20. Now, the short the title of the Act has been amended as “the Maharashtra Village Panchayats Act (III of 1959), by Mah. 24 of 2012, s. 2 & 3, Schedule, entry 74, w.e.f. 1 st May, 1960.

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1. (7) During any vacancy in the Committee, the continuing members may act as if no vacancy had occurred.]