Chapter II CONSTITUTION OF ZILLA PARISHADS

1. (1) For every District, thare shall be established a Zilla Parishad consisting of a President and Councillors; and the Zilla Parishad shall have all such powers and discharge all such functions as are vested in it by or under this Act, or otherwise. Clause (27) was deleted by Mah. 21 of 1994, s. 33(6). Clause (28) was deleted by Mah. 7 of 1967, s. 2. Clause (31A) was inserted by Mah. 21 of 1994, s. 33(7).

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1. (2) A Zilla Parishad shall have authority for the purposes of this Act over the area for which it is established; and also over such additional area and for such purpose or purposes as the State Government may, by notification in the Official Gazette, specify in this behalf.

1. (1) The authorities charged with carrying out the provisions of this Act for each District are—
   • (a) the Zilla Parishad,
   • (b) Panchayat Samitis,
   • (c) the Standing Committee,
   • (d) Subjects Committees,
   • (e) Presiding Authorities,
   • (f) the Chief Executive Officer, ** 2[(f-a) the Executive Officer, and]
   • (g) Block Development Officers.
2. (2) The Zilla Parishad shall be assisted in its functions by such number of Departments as the State Government may direct, and each Department shall be in charge of an officer of the grade of Class I or Class II of the State Services (hereinafter referred to as the Head of the Department of the Zilla Parishad).

Every Zilla Parishad shall be a body corporate by the name of “The ..................... Zilla Parishad”, and shall have perpetual succession and a common seal, and shall be competent to contract, acquire and hold property, both moveable and immovable, whether within or without the limits of the area over which it has authority, and may in its corporate name sue and be sued.

1. (1) The Zilla Parishad shall consist of—
   • (a) Councillors chosen by direct electroal divisions in the District being 3[not more than seventy-five and not less than fifty in number] as may, by notification in the Official Gazette, be determined by the 4[State Election Commission, so however that, ratio between the population of the territorial area of a Zilla Parishad and the number of seats in such Zilla Parishad to be filled by election shall, so far as practicable, be the same throughout the State]; 5[(b) the Chairman of all Panchayat Samitis in the District;] 6[(c) ten per cent. of the total number of elected Councillor or minimum five persons, whichever is higher, having special knowledge or experience in respect of the administration of Zilla Parishads to be nominated by the Collector as nominated Councillors: Provided that, the nominated Councillors referred to in clause (c) shall have no right to,—
     • (i) vote at any meeting of the Zilla Parishad and committees of the Zilla Parishad; and
     • (ii) get elected as a President or Vice-President of a Zilla Parishad or Chairperson of any of the committees of the Zilla Parishad.] The word “and” was deleted by Mah. 12 of 1994, s. 3(a). Clause (f-a) was inserted by Mah. 12 of 1994, s. 3(b). These words were substituted for the words “not more than eighty-five and not less than fifty-five in number” by Mah. 18 of 2022, s. 2. This portion was substituted for the portion beginning with the words “State Government” and ending with the word “population” by Mah. 21 of 1994, s. 34(1). Clause (b) was inserted by Mah. 12 of 1994, s. 34. Clause (c) was added by Mah. 17 of 2026, s. 2.

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• • * * * * * * *
• • * * * * * * * 3[(2) (a) 4[In a general election, on the election of two-thirds or more of the number of

Councillors falling under clause (a) of sub-section (1), the names of those Councillors together with

their permanent addresses shall be published by the

5[Sate Election Commission] at such time, and in such manner, as may be prescribed by the State Government; and upon such publication, the Zilla Parishad shall be deemed to be duly constituted. In determining two-thirds of the number of Councillors a fraction shall be ignored] : Provided that, such publication shall not be deemed—

1. (i) to preclude the completion of the election in any electoral division 6[and the publication likewise by the 7[State Election Commission] of the name and permanent addresses of the elected Councillors, as and when they are available; or]
2. (ii) to affect the term of office of the Councillors under the Act;

1. (b) The names of Councillors falling under 8[clause (b)] of sub-section (1) (together with their permanent addresses) may also thereafter be likewise published by the 9[State Election Commission]. 10[(2A) If in the general election, less than two-thirds of the total number of Councillors are elected then, the State Election Commission shall not publish the names and permanent addresses of such elected Councillors : 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 Councillors 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 Councillors :

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

of such Zilla Parishad.]

1. (3) The Deputy Chief Executive Officer 11[and where more than one Deputy Chief Executive Officer have been appointed, such one of them as may be nominated by the Chief Executive Officer,] shall be the Secretary, ex-officio, of the Zilla Parishad.

1. (1) The Superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of all elections to the Zilla Parishads and Panchayat Samitis shall vest in the State Election Commission.
2. (2) The State Election Commission may, by order, delegate any of its powers and functions to any officer of the State Election Commission or any officer of the State Government not below the rank of Tahsildar. Clauses (c), (d), (dd) and (e) were deleted by Mah. 21 of 1994, s. 34(1)(c). This Explanation was deleted by Mah. 6 of 1975, s. 3. This sub-section was substituted for the original by Mah. 22 of 1962, s. 2. This portion was substituted for the portion beginning with the words “The names of Councillors” and ending with the words “deemed to be duly constituted” by Mah. 9 of 1972, s. 2(d). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 34(2)(a)(i). This portion was substituted for the word “or” by Mah. 9 of 1972, s. 2(d). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 34 (2)(a)(ii). These word, brackets and letter were substituted for the words, brackets and letter “clauses (c), (d) and (e)” by Mah. 21 of 1994, s. 34(2)(b)(i). These words were substituted for the word “Collector” by Mah. 12 of 1994, s. 3(2)(b)(ii). Sub-section (2A) was inserted by Mah. 25 of 2016, s. 2. This portion was inserted by Mah. 6 of 1975, s. 3(2). Section 9A was inserted by Mah. 13 of 1997, s. 2.

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1. (3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls, electoral divisions, electoral colleges and conduct of elections of Zilla Parishads and Panchayat Samitis under this Act or the rules shall function under the superintendence, direction and control of the State Election Commission.
2. (4) Notwithstanding anything contained in this Act or the rules, the State Election Commission may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act and the rules for fair and free elections.] ELECTION OF COUNCILLORS

1. (1) The Councillors shall be elected in the manner provided by or under this Act.
2. (2) The term of office of Councillors shall, except as otherwise provided in this Act be 1[five years] : Provided that, persons who are Councillors by virtue of their being Chairman of a Panchayat Samiti 2[* * *] shall hold office so long only as they continue to hold the office of such Chairman.
   • • * * * * * * * 4[(3) The Councillors of a Zilla Parishad constituted upon its dissolution before the expiration of its duration under sub-section (2) shall continue only for the remainder of the period for which the Councillors of the dissolved Zilla Parishad would have continued under sub-section (2) had it not been so dissolved.] 5[(4) The term of the office of the nominated Councillor shall be co-terminus with the duration of the Zilla Parishad.] 6[10-1A. Nomination of Councillors.— (1) After election of President, the Collector shall call a special meeting for the purpose of nominating Councillors.
3. (2) The nomination of the Councillors under clause (c) of sub-section (1) of section 9 shall be made in the prescribed manner.
4. (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 President of the Zilla Parishad when presiding over a meeting of the Zilla Parishad 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.
5. (4) While nominating the Councillors, the Collector shall take into account the relative strength of recognized parties or registered parties or groups and nominate Councillors, as nearly as may be, in proportion to the strength of such parties or groups in the Zilla Parishad after consulting the leader of each such party or group: These words were substitued for the words “six years” by Mah. 4 of 1992, s. 2. The words “or of a Co-operative Society” were deleted by Mah. 21 of 1994, s. 35(1)(a). The second, third and fourth provisos were deleted by Mah. 21 of 1994, s. 35(1)(b). This sub-section was substituted for sub-sections (3) to (7), by Mah. 21 of 1994, s. 35(2). Sub-section (4) was added by Mah. 17 of 2026 , s. 3. Section 10-1A was inserted by Mah. 17 of 2026, s. 4.

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

Samitis Act, 1961 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 Councillor 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.

1. (5) The names of the nominated Councillors shall also be published by the State Election Commission in the Official Gazette.]

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

1. (1) The term of office of Councillors elected at a general election shall be deemed to commence on the date of the first meeting of the Zilla Parishad.
2. (2) The first meeting of a Zilla Parishad shall be held 2[by the Collector, as soon as may be after the publication of the names of the elected members under sub-section (2) of section 9; and such date shall not—
   • (i) in the case of first meeting after general election, be later than the immediately following the day of expiry of the term of the out-going Councillors; and
   • (ii) in the case of election held after the dissolution of the Zilla Parishad, be later than the date of expiry of the period of six months from the date of dissolution of the Zilla Parishad.]
     • • * * *
     • • * * *

(1)

5[The State Election Commission shall, for the purposes of election of Councillors divide every District] into electoral divisions (the territorial extent of any such division not being out side the limits of the same Block), each returning one Councillor, and there shall be a separate election for each electoral division :

6[Provided that, such electoral division shall be divided in such a manner that the ratio between the population of each electoral division and the total number of Councillors to be elected for the Zilla Parishad shall, so far as practicable, be the same through out the Zilla Parishad area:]

7[Provided further that, while distributing such electoral divisions among the Panchayat Samitis, not less than two electoral divisions shall be allotted to each Panchayat Samiti.]

8[(2)(a) In the seats to be filled in by election in a Zilla Parishad there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens 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 Zilla Parishad shall bear, as nearly as may be, the same proportion to the Section 10A was inserted by Mah. 20 of 2005, s. 5. This portion was substituted for the portion beginning with the words “on such date” and ending with the word and figure “section 9” by Mah. 21 of 1994, s. 36(1)(a). The proviso was deleted by Mah. 21 of 1994, s. 36(1)(b). Sub-section (3) was deleted by Mah. 21 of 1994, s. 36(2). This portion was substituted for the portion beginning with the words “For the” and ending with the word “divided” by Mah. 21 of 1994, s. 37(1)(a). This proviso was added by Mah. 21 of 1994, s. 37(1)(b). This proviso was added by Mah. 4 of 2002, s. 3, w.e.f. 31-10-2001. These sub-sections were substituted for sub-sections (2), (2A), (3) and (4) by Mah. 21 of 1994, s. 37(2).

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Samitis Act, 1961 total number of seats to be filled in by direct election in that Zilla Parishad as the population of

the Scheduled Castes or as the case may be the Scheduled Tribes in that Zilla Parsishad area

bears to the total population of that area and such seats shall be allotted by rotation to different electoral division in a Zilla Parishad:]

1[Provided that, in a Zilla Parishad 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 Zilla Parishad:

Provided further that, the reservation for the Scheduled Tribes in a Zilla Parishad falling

only partially in the Scheduled Areas shall be in accordance with the provision of clause (b):]

2[Provided also that]

3[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;

1. (c) the seats to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent. of the total number of seats to be filled in by election in a Zilla Parishad and such seats shall be allotted by rotation to different electoral divisions in a Zilla Parishad : 4[Provided that, in a Zilla Parishad comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of citizens shall be 27 per cent. of 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 Zilla Parishad falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (c)] : 5[Provided also that] 6[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) 7[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 Zilla Parishad shall be reserved for women and such seats shall be allotted by rotation to different electoral divisions in a Zilla Parishad.

1. (3) The reservation of seats (other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration of the period, specified in article 334 of the Constitution of lndia.

Certificate.— Every person desirous of contesting election to a seat reserved for Schedule Castes, Schedule Tribes or, as the case may be, Backward Class of citizens, shall be required to submit, alongwith the nomination papers. 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, Scheduled Tribes, De-notified 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)].

9[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

These provisos were inserted by Mah. 20 of 1997, s. 3(a)(i). These words were substituted for the words “Provided that” by Mah. 20 of 1997, s. 3(a)(ii). These words were substituted for the words “one-third of the total number of seats” by Mah. 19 of 2011, s. 4(a). These provisos were inserted by Mah. 20 of 1997, s. 3(b)(i). These provisos were inserted by Mah. 20 of 1997, s. 3(b)(i). These words were substituted for the words “one-third of the total number of seats” by Mah. 19 of 2011, s. 4(b). These words were substituted for the words “one-third” by Mah. 19 of 2011, s. 4(c). Section 12A was inserted by Mah. 37 of 2006, s. 5. These provisos were substituted by Mah. 48 of 2025, s. 4.

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Samitis Act, 1961 Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,—

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 Councillor.]

1. (1) The electroral roll of the Maharashtra Leigislative Asseembly 1[(excluding the last part thereof as is referred to in sub-rule (2) of rule 5 of the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950 (XLIII of 1950))] prepared under the provisions of the Representation of the People Act, 1950 (XLIII of 1950), and in force on such day as the 2[State Election Commission] may by general or special order notify in this behalf for such part of the constituency of the Assembly as is included in an electoral division, shall be the list of voters, for such electroal division.

3[(1A) Notwithstanding anything in this Act, or in any other law for the time being in force, in

respect of a presiding authority who by reason of his office is provided with residential accommodation or house-rent in lieu thereof by or under the provisions of this Act and who ceases to be ordinarily resident during his term of office in any electoral division in the Disirict by reason of his absence therefrom in connection with his duties as such authority, but is ordinarily resident in any place outside the District of the Zilla Parishad in respect of which he is such authority and in consequence whereof his name is not in the list of voters for any electoral division in the District, then, in such case, the

4[State Election Commission] shall amend the list of voters so as to enable such presiding authority to be registered in the electrol division which but for holding such office he would have been ordinarily resident. The manner in which the list of voters shall be amended for the purposes aforesaid, and all matters supplementary, consequential and incidental thereto shall be as are provided by rules made in this behalf.]

1. (2) The office designated by the

5[State Election Commissioner] in this behalf shall maintain a

list of voters for each electoral division.

6[(1) An election to constitute a Zilla Parishad shall be completed—

1. (a) before the expiry of its duration specified in sub-section (2) of section 10, on such date or dates as the State Election Commission may appoint in his behalf;
2. (b) in the case of dissolved Zilla Parishad, 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 Zilla Parishad would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Zilla Parishad for such period;
3. (c) in the case of fresh election, if required to be held, under sub-section (2) of section 27, on such date, as soon as may be practicable, as may be fixed by the State Election Commission.] This portion was inserted by Mah. 22 of 1962, s. 3. These words were substituted for the words “State Government” by Mah. 21 of 1944, s. 38(1). Sub-section (1A) was inserted by Mah. 34 of 1966, s. 2. These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 38(2). These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 38(3). Sub-section (1) was substituted by Mah. 21 of 1994, s. 39.

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1[(2) The State Government shall make rules for the conduct of such elections and the election

shall be conducted in accordance with those rules.

1. (3) The decision of a Returning Officer accepting or rejecting the nomination papers shall be final and it shall not be called in question in any Court.]

Every person

2[who is not less than twenty-one years of age on the last date fixed for making nominations for every general election or by-election and] whose name is in the list of voters of any electoral division in a District, shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected, and every person

3[who is not of twenty-one years of age as aforesaid and] whose name is not in such list shall not be qualified to be elected from any electoral divisions of that District.

If a person is elected to more than one seat in a Zilla Parishad, then, unless within the prescribed time he resigns all but one of the seats by writing under his hand addressed to the

5[State Election Commission] or any officer authorised by him in this behalf, all the seats shall become vacant.]

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 Councillor or for contesting an election for being a Councillor

for a period of five years from the date of the order.

1. (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.]

1. (1) Subject to the provisions of sub-section (2), a person shall be disqualified for being chosen as, and for being, a Councillor—
   • (a) if, whether before or after the commencement of this Act, he has been convicted or has,

in proceeding for questioning the validity or regularity of an election, been found to have been

guilty, of—

1. (i) any corrupt practice under section 27 or section 28 entailing disqualification for membership of a Zilla Parishad or a Panchayat Samiti, unless such period as is mentioned in the decision of the Judge under section 27 or as provided by section 28 has elapsed;
   • • * * * *
2. (iii) any corrupt practice entailing disqualification for membership of any local authority constituted or established, by or under any law for the time being in force, unless the period of disqualification has elapsed or the disqualification is removed under such law;

8[(a-1) if he has been disqualified by or under any law for the time being in force for the

purposes of elections to the Legislature of the State:

These sub-sections were substituted by Mah. 5 of 2026, s. 2. These words were inserted by Mah. 14 of 1990, s. 3(a). These words were inserted by Mah. 14 of 1990, s. 3(b). Section 15A was inserted by Mah. 35 of 1963, s. 5. These words were substituted for the word “Collector” by Mah. 21 of 1 994, s. 40. This section was inserted by Mah. 16 of 2010, s. 4. Sub-clause (ii) was deleted by Mah. 21 of 1994, s. 41(1). Clause (a-1) was inserted by Mah. 21 of 1994, s. 41(2).

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

Samitis Act, 1961 Provided that, no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of 21 years;]

1. (b) if, whether before or after the commencement of this Act, he has been convicted by a court in India of any offence and sentenced to imprisonment for not less than one year, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or
2. (c) if, having held any office under any Government or local authority, he has, whether before or after the commencement of this Act, been dismissed for misconduct unless a period of five years has elapsed since his dismissal; or
3. (d) if he has been removed from office under section 39 and a period of five years, or such lesser period as the State Government may notify in any particular case, has not elapsed from the date of such removal; or
4. (e) if he is of unsound mind and stands so declared by a competent court; or
5. (f) if he is an undischarged insolvent; or
6. (g) if he is deaf-mute; or
7. (h) if he holds any office of profit under a panchayat or Zilla Parishad or under or in the gift of the Government; or
   • (i) if he has directly or indirectly by himself or by his partner any share or interest in any

work done by order of the Zilla Parishad or in any contract with, by or on behalf of, the Zilla

Parishad; or

1. (j) if he has directly or indirectly by himself or by his partner any share or interest in any transaction of loan of money advanced to, or borrowed from, the Zilla Parishad; or
2. (k) if he has failed to pay any tax or fee due to any Panchayat in the District or to the Zilla Parishad within six months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him;
3. (l) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; 1[(m) if he is a member of the State Legislature or of Parliament or of any Municipal Council or Cantonment Board constituted or established by or under any law for the time being in force;
   • • * * * * *] 3[(n) If he has more than two children;] 4[(o) If he has been disqualified by the State Election Commission under section 15B;] 5[(p) he has failed to submit a certificate of the concerned panchayat, alongwith a resolution of the Gram Sabha 6[or of the Chief Executive Officer or an officer designated by him; or a self certificate] certifying that,—
   • (i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or
   • (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the public toilet : Clause (m) was inserted by Mah. 6 of 1975, s. 5. Proviso to clause (m) was deleted by Mah. 21 of 1994, s. 41(3). Clause (n) was added by Mah. 44 of 2000, s. 3(a). This clause was inserted by Mah. 16 of 2010, s. 5. This clause was inserted by Mah. 33 of 2010, s. 3. This word were inserted by Mah. 28 of 2017, s. 3.

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1[Provided that, no Councillor shall be disqualified under this clause, if he submits such certificate to the Chief Executive Officer within a period of one year from the 10 th January 2011, being the date of commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (SecondAmendment)Act, 2010 (Mah. XXXIII of 2010)] :

2[Provided further that, nothing contained in this clause shall affect the Councillor holding office on the 10 th January 2011, who has not submitted the certificate within a period of ninety days from the said date, as required under the provisions of this Act, as amended by the Bombay

Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second

Amendment) Act, 2010 (Mah. XXXIII of 2010); and he shall not be deemed to be disqualified and shall continue to hold his office for a period of one year from the said date, unless he is disqualified under any other provisions of this Act or any other law for the time being in force.]

3[Explanation.— For the purpose of clause (k) of this sub-section, failure to pay any tax or

fee due to any Panchayat in the District or to the Zilla Parishad by a member of an undivided

Hindu family, or by a person belonging to a group or unit, the members of which are by custom joint in estate or residence shall be deemed to disqualify all the members of such undivided Hindu family, or, as the case may be, all the members of such group of unit.]

4[(1A) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987), for being a councillor shall cease to hold office as such councillor.].

1. (2) Notwithstanding anything contained in sub-section (1)—
   • (a) a disqualification under clause (a) or clause (b) of that sub-section shall not, in the case of a person who becomes so disqualified by virtue of a declaration or conviction and sentence and is at the date of the disqualification a Councillor, take effect until three months have elapsed

from the date of such disqualification, or if within these three months an appeal or petition for

revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of;

• • * 6[(aa) a person shall not be disqualified under clause (h) of that sub-section by reason only of such person holding the office of Chairman or member of the committee of any co-operative society (which is registered or deemed to be registered under any law for the time being in force relating to the registration of co-operative society) to which appointment is made by the State Government, or the office of liquidator or joint liquidator to which appointment is made by the Registrar of Co-operative Societies, or the office of nominee of the Registrar whether appointed individually or to a board of nominees;]

1. (b) a person shall not be disqualified under clause (i) of that sub-section by reason only of such person—
   • (i) having share in any joint stock company or a share or interest in any co-operative society which may contract with or be employed by or on behalf of the Zilla Parishad; or
   • (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Parishad may be inserted; or
   • (iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Parishad; or
   • (iv) being professionally engaged on behalf of the Zilla Parishad as a legal practitioner; or This proviso was substituted by Mah. 39 of 2011, s. 3(a). This proviso was added by Mah. 39 of 2011, s. 3(b). This Explanation was added by Mah. 43 of 1962, s. 4(a). Sub-section (1A) was inserted by Mah. 10 of 1987, s. 11, Schedule. The word “and” was deemed always to have been deleted by Mah. 23 of 1963, s. 5(1). Clause (aa) was deemed always to have been inserted by Mah. 23 of 1963, s. 5(2).

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

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1[(v) having any share or interest in any lease for a period not exceeding fifty years, of any immovable property or in any agreement for the same; and before such lease or agreement is executed, the Collector certifies that no other suitable premises were available to the Zilla Parishad on lease; or

1. (vi) having a share or interest in the occasional sale to the Zilla Parishad of any article in which he regularly trades, or in the purchase from the Zilla Parishad of any article, to a value in either case not exceeding in any financial year five hundred rupees; or
2. (vii) having a share or interest in the occasional letting out on hire to the Zilla

Parishad or in the hiring from the Zilla Parishad of any article for an amount not

exceeding in any financial year fifty rupees or such higher amount not exceeding five hundred rupees as the Zilla Parishad with the sanction of the State Government may fix in this behalf];

1. (c) a person shall not be disqualified under clause (i) or (j) of that sub-section by reason only of such person having a share or interest in any transaction of loan given, or grant made, by or on behalf of the Zilla Parishad (such share or interest being acquired, while he holds the office of a Councillor, in accordance with the rules prescribed by the State Government);
2. (d) a person shall not be disqualified under clause (k) of sub-section (1) for being chosen as a Councillor if on the date of filing of his nomination paper, on a demand being made in that

behalf he is not in arrears of any tax or fee due to any panchayat in the District or to the Zilla

Parishad;

2[(e) a person shall not be disqualified under clause (n) of sub-section (1) for being chosen as, or for being, a Councillor, if he is having more than two children on the date of commencement of the Bombay Village Panchayats, and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1995 (Mah. XLIV of 2000) (hereinafter in this clause referred to as “the date of such commencement”), so long as the number of children he had on the date of such commencement does not increase : Provided that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in clause (n) of sub-section (1). Explanation.— For the purposes of clause (n) of sub-section (1) and clause (e) of this sub-section,—

1. (i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;
2. (ii) “child” does not include an adopted child or children.]

1. (3) For the purposes of sub-section (1), a person shall not be deemed to hold office of profit under any Government or local authority, by reason only that he receives compensatory allowance. Explanation.— In sub-section (3), compensatory allowance shall mean such sum of money payable to the holder of an office of a Councillor by way of travelling allowance, daily allowance and such other allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the functions of that office.
   • • * * *

1. (1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the list of voters of any electoral division shall be entitled to vote in that electoral division. Sub-clauses (v) to (vii) were inserted by Mah. 35 of 1963, s. 6. Clause (e) was added by Mah. 44 of 2000, s. 3(b). Sub-sections (4) and (5) were deleted by Mah. 37 of 2006, s. 6.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 39

Samitis Act, 1961

1. (2) No person shall vote at an election in any electoral division, if he is subject to any disqualification referred to in clauses (e) and (l) of sub-section (1) of section 16.
2. (3) No person shall vote at any election in more than one electoral division, and if a person does so vote, his votes in all such electoral divisions shall be void.
3. (4) No person shall at any election vote in the same electoral division more than once, notwithstanding that his name may have been entered in the list of voters for that electoral division more than once; and if he does so vote, all his votes in that electoral division shall be void.
4. (5) No person shall vote at any election, if he is confined in a prison whether under a sentence of imprisonment or otherwise or is in the lawful custody of the police:

List of voters to be conclusive evidence for determining right to vote or to be elected.— Subject to any disqualification incurred by a person, the list of voters, shall be conclusive evidence for the purpose of determining under sections 15 and 17 whether any person is qualified or is not qualified to vote, or as the case a may be, is qualified or is not qualified to be elected, at any election. ELECTIONS AND ELECTION DISPUTES

1. (1) If it appears to an officer authorised by the 1[State Election Commission] for conduct of elections under this Act (hereinafter referred to as “the requisitioning authority”) that in connection with an election under this Act—
   • (a) any premises are needed or are likely to be needed for the purpose of being used as a polling station, or for the storage of ballot boxes after a poll has been taken, or
   • (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may by order in writing requisition such premises,or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until the completion of the poll at such election.
2. (2) The requisitioning shll be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed by rules made by the State Government on the person to whom it is addressed.
3. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
4. (4) In this section—
   • (a) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
   • (b) “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. These words were substituted for the words “the State Government” by Mah. 12 of 1997, s. 3.

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1. (1) Whenever in pursuance of section 19 the requisitioning authority requisitions any premises, 1[the requisitioning authority shall pay] to the person interested compensation the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors, that is to say—
   • (i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality;
   • (ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change : Provided that, where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine: Provided further that, where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation— In this sub-section, the expression ‘person interested’ means the person who was in actual possession of the premises requisitioned under section 19 immediately before the requisitioning or where no person was in such actual possession, the owner of such premises.
2. (2) Whenever in pursuance of section 19, the requisitioning authority requisitions any vehicle, vessel or animal, 2[the requisitioning authority shall pay] to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal : Provided that, where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the time prescribed by rules made by the

State Government to the requisitioning authority for referring the matter to an arbitrator, the amount

of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine: Provided further that, where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.

The requisitioning authority may, with a view to

requisitioning any property under section 19 or determining the compensation payable under section

20 by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

1. (1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so, in what manner, an order under section 19 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section. These words were substituted for the words “the Zilla Parishad shall pay” by Mah. 10 of 1997, s. 8(a). These words were substituted for the words “the Zilla Parishad shalI pay” by Mah. 10 of 1997, s. 8(a).

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1. (2) In this section the expressions ‘premises’ and ‘vehicle’ have the same meaning as in section 19.

1. (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 19 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
2. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

1. (1) When any premises requisitioned under section 19 are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
2. (2) Where the person to whom possession of any premises requisitioned under section 19 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisitioning to be affixed on some conspicuous part of such premises and on the notice board of the office of the Mamlatdar, Mahalkari, Tahsildar, or as the case may be, the Naib Tahsildar.
3. (3) When a notice is affixed on the notice board as provided in sub-section (2) the premises specified in such notice shall cease to be subject to requisitioning on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof; and the requisitioning authority or the Zilla Parishad shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

If any person

contravenes any order made under section 19 or section 21, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.

If at any election after the counting of votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, such officer as the

1[State Election Commission] may empower in this behalf shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

1. (1) If the validity of any election of a Councillor or the legality of any order made or proceedings held under section 26 is brought in question 2[by any candidate at such election or by] any person qualified to vote at the election to which such question refers 3[such candidate or person] may, at any time within fifteen days after the date of the declaration of the result of the election or the date of the order or proceeding, apply to the District Judge of the district within which the election has been held, for the determination of such question.
2. (2) An enquiry shall thereupon be held by a Judge, not below the rank of an Assistant Judge, appointed by the State Government either specially for the case, or for such cases generally; and such Judge may, after such enquiry as he deems necessary, pass an order confirming or amending the declared result of the election or the order of 4[the officer empowered by the 5[State Election These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 42. These words were inserted by Mah. 35 of 1963, s. 7(1)(a). These words were substituted for the words “such persons” by Mah. 35 of 1963, s. 7(1)(b). These words were substituted for the words “the Collector or any officer empowered by him” by Mah. 43 of 1962, s. 5. These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 43.

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

Samitis Act, 1961 Commission]], in that behalf under section 26, or setting the election aside. For the purposes of the said enquiry, the Judge may exercise any of the powers of a civil court, and his decision shall be conclusive. If the election is set aside, a date for holding a fresh election shall forthwith be fixed under section 14.

1. (3) All applications received under sub-section (1),—
   • (a) in which the validity of the election of Councillors to represent the same electoral division is in question, shall be heard by the same Judge; and
   • (b) in which the validity of the election of the same Councillor elected to represent the same electoral division is in question, shall be heard together.
2. (4) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), the Judge shall not permit—
   • (a) any application to be compromised or withdrawn, or
   • (b) any person to alter or amend any pleading, unless he is satisfied that such application for compromise or withdrawal or application for such alteration or amendment is bona fide, and not collusive.
3. (5) (a) If on holding such enquiry, the Judge finds that a candidate has, for the purpose of election, committed a corrupt practice within the meaning of sub-section (6) 1[or submitted a false claim or a false caste certificate], he shall declare the candidate disqualified for the purpose of that election and of such fresh election as may be held under sub-section (2) and shall set aside the election of such candidate if he has been elected.
   • (b) If in any case to which clause (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge, after a scrutiny and computation of the votes recorded in favour of each candidate, is of opinion that in fact any candidate in whose favour the declaration is sought has received the highest number of the valid votes, the Judge shall after declaring the election of the returned candidate to be void declare the candidate in whose favour the declaration is sought, to have been duly elected : Provided that, for the purpose of such computation no vote shall be reckoned as valid if the

Judge finds that any corrupt practice was committed by any person, known or unkown, in giving or

obtaining it :

Provided further that, after such computation if any equality of votes is found to exist between

any candidates and the addition of one vote will entitle any candidate to be declared elected, one additional vote shall be added to the total number of valid votes found to have been received in favour of such candidate selected by lot drawn in the presence of the Judge in such manner as he may determine.

1. (6) Any of the corrupt practices specified in section 123 of the Representation of the People Act, 1951 (43 of 1951) shall be deemed to be corrupt practices for the purpose of this section subject to the following modification in the said section 123, that is to say,—
   • (a) in clause (1), in sub-clause (B), in the Explanation, the words and figures “and duly entered in the account of election expenses referred to in section 78” shall be deleted;
   • (b) in clause (5), for the words, figures and brackets “provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll” the words “or any place fixed for poll in

accordance with the provisions of rules made by the State Government in that behalf” shall be

substituted;

1. (c) clause (6) shall be deleted; These words were inserted by Mah. 34 of 2000, s. 5.

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Samitis Act, 1961 (d)

1[in clause (7), for the words “any person in the service of the Government” the words, brackets, letter and figures “any person in any District Service referred to in clause (b) of section 239 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (V of 1962) or from any person in the service of the Government” shall be substituted, and in item (g),] for the word “prescribed” the words “prescribed by rules made by the State Government in this behalf” shall be substituted.

1. (7) If the validity of any election is brought in question only on the ground of an error made by the officer charged with carrying out the rules made in this behalf under sub-section (2) of section 12 or of section 14, or of an irregularity or informality not corruptly caused, the Judge shall not set aside the election.
2. (8) If the Judge sets aside an election under clause (a) of sub-section (5) he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of this section to be disqualified from being a member of any Zilla Parishad for a term of years not exceeding five and the decision of the Judge shall be conclusive : Provided that, no such declaration shall be made unless such person has been given a reasonable opportunity to be heard. 2[27-A. Bar to interference by Courts in electoral matters.— No election to any Zilla Parishad shall be called in question except in accordance with the provisions of section 27; and no court other than the Judge referred to in that section shall entertain any dispute in respect of such election.]

If any person—

1. (a) is convicted of an offence punishable with imprisonment under 3[section 153A, or section 171-E or section 171-F or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (XLV of 1860),] or of an offence punishable under 4[section 28A or section 35 or clause (a) of sub-section (2) of section 36] of this Act, or
2. (b) is, upon the trial of an election petition under section 27, found guilty of any corrupt practice, he shall, for a period of 5[six years] from the date of the conviction or from the date on which a declaration that the candidate is disqualified is made under sub-section (5) of section 27,

be disqualified from being elected, or from voting, at any election to a Zilla Parishad or

Panchayat Samiti.

Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language feelings of enmity or hatred between different classes of citizens of India shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

1. (1) No person shall convene, hold or attend any public meeting within any electoral division within twenty-four hours before the date of commencement of the poll or on the date or dates on which a poll is taken for an election in that electoral division.
2. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. This portion was substituted for “in clause (7), in item (g)” by Mah. 35 of 1963, s. 7(2). Section 27-A was inserted by Mah. 21 of 1994, s. 44. This portion was substituted for “section 171-E or section 171-F of the Indian Penal Code” by Mah. 9 of 1972, s. 4(a). This portion was substituted for the word and figures “section 35” by Mah. 35 of 1963, s. 8. These words were substituted for the words “five years” by Mah. 9 of 1972, s. 4(b). Sections 28-A to 28-D were inserted by Mah. 35 of 1963, s. 9.

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1. (1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (2) This section applies to any public meeting of a political character held in any electoral division between the date of the issue of a notification under this Act calling upon the electoral division to elect a Councillor or Councillors and the date on which such election is held.
3. (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested to do so by the chairman of the meeting, require that person to declare to him immediately his name and address, or if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

1. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
2. (2) No person shall print or cause to be printed any election pamphlet or poster—
   • (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
   • (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,—
     • (i) where it is printed in Greater Bombay, to the Commissioner of Police, Greater Bombay; and
     • (ii) in any other case, to the District Magistrate of the district in which it is printed.
3. (3) For the purposes of this section,—
   • (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and
   • (b) ‘election pamphlet or poster’ means any printed pamphlet, hand-bill or the other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
4. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with fine which may extend to five hundred rupees.]

1. (1) No person shall, on the date

or dates on which a poll is taken at any polling station, commit any of the following acts within the

polling station or in any public or private place within a distance of one hundered yards of the polling station, namely :—

1. (a) canvassing for votes; or
2. (b) soliciting the vote of any voter; or
3. (c) persuading any voter not to vote for any particular candidate; or
4. (d) persuading any voter not to vote at the election; or
5. (e) exhibiting any notice or sign (other than an official notice) relating to the election.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 45

Samitis Act, 1961

1. (3) An offence punishable under this section shall be cognizable.

1. (1) No person shall, on the date or dates on which a poll is taken, at any polling station—
   • (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or loudspeaker; or
   • (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance

to any person visiting the polling station for the poll, or so as to interfere with the work of the

officers and other persons on duty at the polling station.

1. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
3. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

1. (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
2. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
3. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
4. (4) An offence punishable under sub-section (3) shall be cognizable.

1. (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
2. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

1. (1) No person who is a returning officer or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of his vote) for the furtherance of the prospects of the election of a candidate.
2. (2) No such person as aforesaid and no member of a police force shall endeavour—
   • (a) to persuade any person to give his vote at an election, or
   • (b) to dissuade any person from giving his vote at an election, or
   • (c) to influence the voting of any person at an election in any manner.

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1. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

If any person is guilty of any corrupt practice which is deemed to be a corrupt practice under sub-section (6) of section 27 and specified in sub-section (5) of section 123 of the Representation of the People Act, 1951 (XLII of 1951), at or in connection with an election, he shall be punished with fine which may extend to two hundred and fifty rupees.]

1. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.
2. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
3. (3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and other persons appointed to perform any duty in connection with the maintenance of list of voters, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression ‘official duty’ shall, for the purposes of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

1. (1) Any person who at

any election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully

aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

1. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before

such person leaves the polling station, arrest or direct a police officer to arrest such person and may

search such person or cause him to be searched by a police officer : Provided that, when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

1. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
2. (4) An offence punishable under sub-section (1) shall be cognizable.

1. (1) A person shall be guilty of an offence if at any election he—
   • (a) fraudulently defaces or fraudulently destroys any nomination paper; or
   • (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or
   • (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or
   • (d) without due authority supplies any ballot paper to any person; or
   • (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or Section 33A was inserted by Mah. 35 of 1963, s. 10.

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Samitis Act, 1961

1. (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
2. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an offence under this section, shall—
   • (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;
   • (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
2. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression ‘official duty’ shall not include any duty imposed otherwise than by or under this Act.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

1. (1) If the 1[State Election Commission] has reason to believe that any offence punishable under section 33 or under section 34 or under clause (a)

of sub-section (2) of section 36 has been committed in reference to any election to a Zilla Parishad

within the Distict, it will be the duty of the

2[State Election Commission] to cause such inquiries to be made, and such prosecutions to be instituted, as the circumstances of the case may appear to him to require.

1. (2) No court shall take cognizance of any offence punishable under any of the aforesaid provisions unless there is a complaint made by order of, or under authority from, the 3[State Election Commission]. RESIGNATION, REMOVAL, CASUAL VACANCIES OF COUNCILLORS, ETC.

Any Councillor who is elected

• • * may resign his office by writing under his hand addressed to the President, and the President may resign his office of Councillor by giving similar 5[notice to the Commissioner; and the office of the Councillor shall thereupon become vacant.] 6[The notice shall be delivered in the manner prescribed.]

The State Government may, if it thinks fit, on the recommendation of the Zilla Parishad supported by

7[not less than two-third of the number of Councillors] present and voting, remove any Councillor if he has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, or has become incapable of performing his duties as a Councillor : Provided that, no such Councillor shall be removed from office unless he has been given reasonable opportunity to furnish his explanation.

These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 45. These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 45. These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 45. The words “or co-opted” were deleted by Mah. 21 of 1994, s. 46. This portion was substituted for the portion beginning with the words “notice to the Commissioner” and ending with the words “State Government” by Mah. 35 of 1963, s. 11. These words were substituted for the portion beginning with the words “The notice shall” and ending with the words “in that behalf” by Mah. 43 of 1964, s. 2. These words were substituted for the words “two-thirds of the number of Councillors” by Mah. 43 of 1962, s. 6.

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1. (1) Subject to the provisions of sub-section (2) of section 62, if any Councillor during the term of his office—
   • (a) becomes disqualified under sub-section (1) 1[or (4)] of section 16, or
   • (b) is, for a period of six consecutive months (excluding in the case of the presiding authority the period of leave duly sanctioned) without the permission of the Zilla Parishad, absent from meetings thereof 2[or is absent from such meeting for a period of twelve consecutive months], the office of such Councillor shall, notwithstanding anything contained in clause (c)
     • • * * * * of sub-section (1) of section 9, become vacant.
     • • * * * * * 5[(2) If any question whether a vacancy has occurred under this section is raised either by the Commissioner suo motu or on an application made to him by any person in that behalf, the Commissioner shall decide the question 6[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 that the vacancy has occurred, the Councillor shall not be disabled from continuing to be a Councillor: Provided that, no decision shall be given against any Councillor without giving him reasonable opportunity of being heard.]

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

7[the Deputy Chief

Executive Officer] shall forthwith communicate the occurrence to the

8[State Election Commission]

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

• • * * * of a person, thereto, who shall hold office so long only as the Councillor in whose place he is elected
• • * would have held it, if the vacancy had not occurred :

Provided that, notwithstanding anything contained in section 9, if the vacancy occurs within

six months preceding the date on which the term of office of the Councillor expires, the vacancy shall not be filled.

• • * * * * * * PRESIDENT AND VICE-PRESIDENT

1. (1) Every Zilla Parishad shall be presided over by a President, who shall, subject to the provisions of sub-section (2), 13[and (3)] be elected 14[by,

and from amongst, the elected Councillors of the Zilla Parishad.] The Zilla Parishad shall also

likewise elect one of its elected Councillor to be the Vice-President.

The word, brackets and figure were inserted by Mah. 34 of 2000, s. 6. These words were added by Mah. 21 of 1968, s. 3(a). The words, brackets and letters “or clause (d)” were deleted by Mah. 21 of 1994, s. 3(b). The proviso was deleted by Mah. 6 of 1975, s. 6. Sub-section (2) was substituted by Mah. 35 of 1964, s. 12. These words were inserted by Mah. 43 of 1964, s. 3. These words were substituted for the words “the President” by Mah. 21 of 1968, s. 4. These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 47(1). The words “or as the case may be, co-option” were deleted by Mah. 21 of 1994, s. 47(2). The words “or co-opted” were deleted by Mah. 21 of 1994, s. 47(3). The second and third provisos were deleted by Mah. 21 of 1994, s. 47(4). Section 42 was substituted by Mah. 1 of 1993, s. 2.

This word, brackets and figure were substituted for the brackets, figures and word “(3) and (4)” by Mah. 21 of 1994,

s. 48(1)(a). These words were substituted for the words “by the Parishad from amongst its elected, Councilors” by Mah. 21 of 1994, s. 48(1)(b).

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1. (2) No Councillor *** shall be or shall continue to be, President or Vice-President if he has held any such office of the President or Vice-President of any Zilla Parishad for a period of more than ten years in the aggregate.
2. (3) If a Councillor,—
   • (a) is a Chairman of any specified Co-operative society or of any labour contract Co-operative society and is elected as President or Vice-President; or
   • (b) is a President or Vice-President and is elected as Chairman of any such Co-operative society as aforesaid; then such Councillor shall intimate in writing his option within seven days of his election as such President or Vice-President or, as the case may be, Chairman of such Co-operative society, to the Collector as to which of the offices he wishes to continue or accept; and thereupon the office which he does not wish to serve shall, notwithstanding anything contained in this Act or in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), or the rules made thereunder or the bye-laws of any society, become vacant. An intimation so given shall be, irrevocable. In default of such intimiation within the aforesaid period, the office to which he is so elected shall become vacant. 2[(4) There shall be reservation in the office of the President in the Zilla Parishad for the members belonging to the Scheduled Castes, the Scheduled Tribes, the category of Backward Class of citizens and women as follows :—
   • (a) the number of offices of Presidents to be reserved for the Scheduled Castes and the

Scheduled Tribes in the Zilla Parishads shall bear as nearly as may be, the same proportion to

the total number of such offices in the Zilla Parishads as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State

3[excluding the population of the Scheduled Tribes in a Zilla Parishad comprising entirely the Scheduled Areas] bears to the total population of the State:

4[Provided that, the office of the President of a Zilla Parishad comprising entirely the Scheduled Areas shall be reserved only for the persons belonging to the Scheduled Tribes: Provided further that, the office of the President of a Zilla Parishad 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):]

5[Provided also that,]

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

7[Provided also that, in a Zilla Parishad 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 President shall be reserved only for the persons belonging to the Scheduled Tribes.]

8[(b) the offices of Presidents 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 Zilla Parishads and the total reservation shall not be more than 50 per cent. of the total seats in State: Provided that, one-half of the offices so reserved shall be reserved for women belonging to the category of Backward Class of Citizens;].

The portion beginnig with the word “including” and ending with the figures “1992” was deleted by Mah. 21 of 1994, s. 48(2). These sub-sections were substituted for sub-section (4) by Mah. 21 of 1994, s. 48(3). These words were inserted by Mah. 20 of 1997, s. 4(a). These provisos were added by Mah. 20 of 1997, s. 4(b). These words were substituted for the words “Provided that” by Mah. 20 of 1997, s. 4(c). These words were substituted for the words “one third of the total number of offices” by Mah. 19 of 2011, s. 5(1)(a). This proviso was added by Mah. 27 of 2003, s. 5. This clause was substituted by Mah. 19 of 2022, s. 5.

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

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1[one-half] of total number of offices of Presidents (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 Zilla Parishads shall be reserved for women.

• • * * * * *

1. (6) The number of offices reserved as aforesaid shall be allotted by rotation to different Zilla Parishads in the prescribed manner. 3[(6A) Every person desrious of contesting election to the office of the President 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, Scheduled Tribes, De-notified 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).] 4[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,—
   • (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
   • (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 President.]

1. (7) The reservation of offices of Presidents (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.]

1. (1) The term of office of the President and Vice-President shall be two and a half years. 6[Provided that, the term of office of the President or Vice-President in office, on the date of commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2022 (Mah. XLVI of 2022), may be extended upto three months by the State Government by an order published in the Official Gazette : Provided further that, notwithstanding anything contained in the above proviso, the term of office of the President or Vice-President shall be co-terminus with the terms of offices of elected Councillors as provided in section 10.]
2. (2) Notwithstanding anything contained in sub-section (1), the term of office of the President and Vice-President in office on the 2 nd March 2000, shall be as provided hereunder :—
   • (a) in case of the Zilla Parishads which have not completed one year since the first meeting after the general elections, the term of the Presidents and Vice-Presidents of such Zilla Parishads shall be two and a half years, each; These words were substituted for the words “one third” by Mah. 19 of 2011, s. 5(1)(c). Sub-section (5) was deleted by Mah. 19 of 2011, s. 5(2). This sub-section was inserted by Mah. 5 of 2009, s. 5. These provisos were substituted by Mah. 48 of 2025, s. 5. Section 43 was substituted by Mah. 27 of 2000, s. 3. These provisos were added by Mah. 46 of 2022, s. 2.

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1. (b) in case of the Zilla Parishads which have completed the first year of their term but have not yet completed two years since their first meeting after the general elections, the term of the Presidents of such Zilla Parishads shall be two years, each; and
2. (c) in all other cases, the term of the Presidents who are in office on the said date shall be extended to, and co-terminus with, the term of office of the elected Councillors, as provided in section 10.]
   • • * *

1. (1) On the constitution of a

Zilla Parishad after a general election or otherwise, a meeting shall be called for the election of the

President and Vice-President on the date fixed by the Collector under sub-section (2) of section 11.

1. (2) The meeting called under sub-section (1) shall be presided over by the Collector or such officer not below the rank of a Deputy Collector as the Collector may by order in writing appoint in this behalf. The Collector or such officer shall, when presiding over such meeting, have the same

powers as the President when presiding over a meeting of the Zilla Parishad has, but shall not have

the right to vote : Provided that, notwithstanding anything contained in

2[sub-section (2) or (10) of section 111, the Collector or the officer presiding over such meeting 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. (3) If in the election of the President or Vice-President, 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 the officer presiding, in such manner as he may determine.
2. (4) In the event of a dispute arising as to the validity of the election of a President or Vice-President, 3[the Collector or the officer presiding over such meeting or any Councillor
   • • * * may within thirty days from the date of the election] refer the dispute to the Commissioner for decision. 5[An appeal against the decision of the Commissioner may, within thirty days from the date of such decision, be filed before the State Government.]
3. (5) After the election of the President and Vice-President, the Zilla Parishad may continue its meeting over which the President shall preside
   • • * * for transacting such other urgent business as the President may allow.
   • • * * * *

1. (1) Subject to the provisions of sub-section (2) of section 47, there shall be paid to the President an honorarium of 8[five thousand rupees] per month. (2) 9[The President 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 Zill Parishad] and shall be given such travelling and other allowances as may be prescribed by the State Government. Section 44 was deleted by Mah. 21 of 1994, s. 49. This portion was substituted for the portion beginning with “sub-section (2)” and ending with “adjourn such meeting” by Mah. 35 of 1963, s. 14(1). These words and brackets were substituted for the words “the Collector shall” by Mah. 35 of 1963, s. 14(2). The brackets and words “(not being Associate Councillor)” were deleted by Mah. 21 of 1994, s. 50(1). These words were substituted for the portion beginning with the words “The decision of the Commissioner” and ending with the words “any such decision” by Mah. 35 of 1963, s. 14(2). The words “for co-opting persons, if necessary, on the Zilla Parishad and” were deleted by Mah. 21 of 1994, s. 50(2)(a). The proviso was deleted by Mah. 21 of 1994, s. 50. These words were substituted for the words “one thousand and five hundred rupees” by Mah. 11 of 1994, s. 2. This portion was deemed always to have been substituted for the portion begining with words “The President” and ending with the words “the Zilla Parishad” by Mah. 8 of 1966, s. 2.

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1. (3) The President shall devote sufficient time and attention to the duties of his office.
2. (4) The President shall not be disqualified for being chosen as, or for being, a Councillor or a member of any committee by reason only that he is in receipt of an honorarium or of any allowances or amenities under this section. 1[46-A. Sumptuary allowance to President.— Subject to any rules made by the State Government in this behalf, there shall be placed at the disposal of the President, such sum not exceeding 2[six thousand rupees] per annum as the Zilla Parishad may decide, as sumptuary allowance.] 3[46-B. Power to very ceiling on sumptuary allowance.— Notwithstanding anything contained in section 46A, or any rules made thereunder, the State Government may, by order made in this behalf, from time to time, very the ceiling on sumptuary allowance payable per annum to the President.]

1. (1) The President may remain absent for a period not exceeding thirty days in a year without permission, and he may be granted leave of absence for a period exceeding thirty days and not exceeding ninety days in a year in the aggregate by the Standing Committee and for any period exceeding ninety days by the State Government; but no leave exceeding one hundred and eighty days in any one year shall be granted.
2. (2) The President shall not be entitled to any honorarium during any period of absence exceeding thirty days in a year under sub-section (1).
3. (3) Nothing in sub-section (2) shall apply when a President is absent for a period not exceeding ninety days during his term of office on ground of illness duly certified by such medical authority as the State Government may specify in this behalf. 4[47-A. Honorarium, other facilities including leave of absence to Vice-President and consequential provisions.— (1) Subject to the provisions of sub-section (5), there shall be paid to VicePresident an honorarium of 5[four thousand rupees] per month.
4. (2) The Vice-President 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 shall be given such travelling and other allowances as may be prescribed by the State Government.
5. (3) The Vice-President shall not be disqualified for being chosen as, or for being a Councillor or a member of any committee by reason only that he is in receipt of an honorarium or of any allowances or amenities under this section.
6. (4) The Vice-President may remain absent for a period not exceeding thirty days in a year without permission, and he may be granted leave of absence for a period exceeding thirty days and not exceeding ninety days in a year in the aggregate by the Standing Committee and for any period exceeding ninety days by the State Government; but no leave exceeding one hundred and eighty days in any one year shall be granted.
7. (5) The Vice-President shall not be entitled—
   • (a) to any honorarium during any period of absence exceeding thirty days in a year under sub-section (4); and
   • (b) to any honorarium, allowances or other facilities including leave of absence, also as the Chairman of any of the Committees. Section 46-A was inserted by Mah. 6 of 1975, s. 9. These words were substituted for the words “two thousand rupees” by Mah. 46 of 1994, s. 2. Section 46-B was inserted by Mah. 46 of 1994, s. 3. Section 47-A was inserted by Mah. 10 of 1985, s. 3. These words were substituted for the words “one thousand and two hundred rupees” by Mah. 11 of 1994, s. 3.

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1. (6) Nothing in clause (a) of sub-section (5) shall apply when a Vice-President is absent for a period not exceeding ninety days during his term of office on ground of illness duly certified by such medical authority as the State Government may specify in this behalf. Explanation.— For the removal of doubt it is hereby declared that the rules, if any, in force immediately before the 17 th day of October 1984 in respect of the matters referred to in sub-section
2. (2) as applicable to the Chairman of the Committees shall continue to apply to the Vice-President until fresh rules are made in that behalf.]

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

5[(1) A President or a Vice-President shall cease to be the President or the Vice-President, as the case may be, if a motion of no-confidence is passed, at a special meeting of the Zilla Parishad, by

6[a majority of two-third] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad, and the office of such President or a Vice-President, shall thereupon be deemed to be vacant :

7[Provided that, where the office of the President being reserved for a woman, is held by a woman President, such motion of no-confidence shall be passed only by a majority of not less than three-fourth of the total number of the Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad :]

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 President or the Vice-President, as the case may be.

1. (2) The requisition for such meeting shall be signed by not less than 9[one-third] of the total number of elected Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad 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 Zilla Parishad. 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 such officer not below the rank of a Deputy Collector authorised by him in this behalf. The Collector or such officer shall, when presiding over such meeting have the same powers as the President when presiding over a Zilla Parishad 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 words “and the resignation shall take effect from such date as the Commissioner may specify in this behalf” by Mah. 35 of 1963, s. 15(1). These words were substituted for the words “and the resignation shall take effect from such date as the President may specify in his behalf” by Mah. 35 of 1963, s. 15(2). This sub-section was inserted by Mah. 43 of 1964, s. 5. Section 49 was substituted for the original by Mah. 6 of 1975, s. 10. Sub-sections (1) and (2) were substituted by Mah. 12 of 1996, s. 2(1). These words were substituted for the words “a majority” by Mah. 27 of 2002, s. 4(1). This proviso was inserted by Mah. 28 of 2003, s. 5(a). These words were substituted for the words “Provided that” by Mah. 28 of 2003, s. 5(b). These words were substituted for the words “one fifth” by Mah. 27 of 2000, s. 4(2).

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1. (6) The names of the Councillors voting for and against the motion shall be read in the meeting and recorded in the minute book kept under 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 Zilla Parishad 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 49, a President or Vice-President 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 President or

Vice-President so removed shall not be eligible for re-election as President or Vice-President during

the remainder of the term of office of the Councillors :

Provided that, no such President or Vice-President shall be removed from office unless he has

been given a reasonable opportunity to furnish an explanation.

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

1. (1) In the event of a vacancy in the office of President or Vice-President by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of sections 42 and 50, be filled as conveniently as may be by election of a new President or VicePresident 3[who shall hold office only so long as the person in whose place he is elected would have held it, had the vacancy not occured]: Provided that, if for any reason the office of the President and Vice-President become vacant simultaneously 4[or if the President and Vice-President are on leave together], the Chairman of a Subjects Committee chosen by lot drawn by the Chief Executive Officer in such manner as he deems fit shall, pending the election of the President 5[or as the case may be, until either the President or Vice-President resumes duty], exercise the powers and perform the duties of the President.
2. (2) Where on account of any of the reasons aforesaid, the 6[offices of the President and

Vice-President or the office of either of them becomes vacant], the provisions of section 45 shall be

applicable, so far as may be, to the calling of a meeting and the procedure to be followed at such meeting for the election of the President and Vice-President.

1. (1) On the election of a new President or Vice-President, the outgoing President or Vice-President in whose place the new President or Vice-President has been elected shall forthwith hand over charge of his office to such new President or Vice-President, as the case may be.
2. (2) If the outgoing President or Vice-President fails or refuses to hand over charge of his office as required under sub-section (1), the State Government or any authority empowered by the State Government in this behalf may, by order in writing, direct the President or the Vice-President, as the case may be, to forthwith hand over charge of his office and all papers and property of the Zilla Parishad, if any, in his possession as such President or Vice-President, to the new President or Vice-President. Sub-section (7) was substituted by Mah. 1 of 1993, s. 3(2). These words were substituted for the words “six months” by Mah. 16 of 2001, s. 3. These words were inserted by Mah. 34 of 1997, s. 3. These words were inserted by Mah. 8 of 1966, s. 3(1)(a). These words were inserted by Mah. 8 of 1966, s. 3(1)(b). These words were substituted for the words “the office of the President becomes vacant, or the offices of the President and Vice-President become vacant simultaneously” by Mah. 6 of 1975, s. 11.

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1. (3) If the outgoing President or Vice-President to whom a direction has been 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 Parishad, if any, in the possession of such President or Vice-President, 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 President or the Vice-President, as the case may be.
2. (4) If the outgoing President or Vice-President to whom a direction has been issued under sub-section (2) does not comply with such direction, except 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.

1. (1) The President shall—
   • (a) convene, preside at, and conduct meetings of the Zilla Parishad;
   • (b) have access to the records of the Zilla Parishad;
   • (c) discharge all duties imposed, and exercise all the powers conferred, on him by or under this Act;
   • (d) watch over the financial and executive administration of the Zilla Parishad and submit to the Zilla Parishad all questions connected therewith which shall appear to him to require its orders; and
   • (e) exercise administrative supervision and control over the Chief Executive Officer for securing implementation of resolutions or decisions of the Zilla Parishad or of the Standing Committee, or of any Subjects Committee, or of any Panchayat Samiti.
2. (2) The President may in cases of emergency direct the execution or suspension or stoppage of

any work or the doing of any act which requires the sanction of the Zilla Parishad or any authority

thereof, and immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the district fund.

2[(3) If the execution or maintenance of any work or any development scheme is transferred or entrusted by the State Government to any Zilla Parishad by or under this Act, for the execution of which no provision exists in that behalf in the budget estimates of the Zilla Parishad, the President may, notwithstanding anything contained in this Act, direct the execution or maintenance of such scheme or work and may also direct that the expense in this behalf shall be paid from the district fund.]

3[(4) The President shall report] forthwith the action taken under this section, and the full reasons therefor, to the Zilla Parishad, the Standing Committee and the appropriate Subjects Committee at their next meetings and the Zilla Parishad, or the Committee may amend or annul the direction made by the President.

1. (1) The Vice-President shall—
   • (a) in the absence of the President, preside at the meetings of the Zilla Parishad;
   • (b) exercise such of the powers and perform such of the duties of the President as the President from time to time may, subject to the rules made by the State Government in this behalf, delegate to him by an order in writing; and See now the Code of Criminal Procedure, 1973 (2 of 1974). Sub-section (3) was inserted by Mah. 34 of 1966, s. 3(1). This was substituted for the words “Provided that, he shall report” by Mah. 34 of 1966, s. 3(2).

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

Samitis Act, 1961

1. (c) pendings the election of a President, or during the absence of the President 1[from the District, or by reason of leave for a period exceeding thirty days] exercise the powers and perform the duties of the President.