Bare Act
Chapter IV COMMITTEES
Chapter IV COMMITTEES
78. Appointment of Standing Committee, Subjects Committees and other
Committees.— (1) Every Zilla Parishad
1[shall, within one month from the date of its first meeting
called under section 45, appoint] in the manner hereinafter provided a Standing Committee and also
the following Subjects Committees, that is to say—
- (a) Finance Committee,
- (b) Works Committee, 2[(c) Agriculture
- • * * Committee,
- (d) Social Welfare Committee,] 4[(e) Education and Sports Committee,]
- (f) Health Committee, 5[(g) Animal Husbandry and Dairy Committee,] 6[(h) Women and Child Welfare Committee.]
7[(1A)] There shall also be a Water Management and Sanitation Committee constituted in
accordance with the provisions of section 79A.]
- (2) A Zilla Parishad may, subject to rules prescribed by the State Government, from time to
time, appoint any other committee consisting of such Councillors and other persons as the Parishad
may decide, refer to such committee for enquiry and report such matters relating to the purposes of this Act as the Zilla Parishad may think fit, and direct that the committee shall submit its report to the Standing Committee or a Subjects Committee as the Zilla Parishad may specify.
Chapter IV COMMITTEES
79. Constitution of Standing Committee.
- (1) Subject to the provisions of section 81, the Standing Committee shall consist of—
- (a) the President;
- (b) the Chairman of Subjects Committees; 8[(c) subject to any rules made by the State Government in that behalf, 9[eight Councillors] elected by the Zilla Parishad from amongst its Councillors; so however that not more than two seats shall be reserved for Councillors belonging to Scheduled Castes or Scheduled Tribes or]
- • * * backward classes of citizens.
- • * * * * * * These words and figures were substituted for the words “shall appoint” by Mah. 6 of 1975, s. 21(a). Entries (c) and (d) were substituted by Mah. 22 of 1970, s. 2(1). Sub-section (2) of section 2 of Mah. 22 of 1970 reads as follows :— “(2) Notwithstanding anything contained in sub-section (1), the Agriculture Committee and the Co-operatives Committee in existence at the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1970 (Mah. XXII of 1970), shall continue to hold office and operate until such time as the first Agriculture and Co-operative Committee is constituted and the first meeting thereof is held.”. The words “and Co-operatives” were deleted by Mah. 6 of 1975, s. 21(b). Clause (e) was substituted by Mah. 24 of 2010, s. 2. Clause (g) was inserted by Mah. 6 of 1975, s. 21(d). Clause (h) was added by Mah. 4 of 1992, s. 3. Sub-section (1A) was substituted by Mah. 3 of 2005, s. 2. Clause (c) was substituted by Mah. 35 of 1963, s. 31(i). These words were substituted for the words “seven Councillors” by Mah. 6 of 1975, s. 22(a). The words “socially and educationally” were deleted by Mah. 21 of 1994, s. 66(1)(a)(i). The proviso was deleted by Mah. 21 of 1994, s. 66(1)(a)(ii).
70 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V
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- • * * * * * *
- (2) The President shall be ex-officio Chairman of the Standing Committee.
- • * * * * * *
- (4) The Deputy Chief Executive Officer 3[and where more than one Deputy Chief Executive Officer have been appointed, such one of them as may be nominated in this behalf by the Chief Executive Officer,] shall be the Secretary, ex-officio, of the Standing Committee.
- • * * * * * *
Chapter IV COMMITTEES
79A. Constitution of Water Management and Sanitation Committee.
- (1) Subject to the provisions of section 81, the Water Management and Sanitation Committee shall consist of,—
- (a) the President of the Zilla Parishad, .. ex-officio Chairman;
- (b) the Chairmen of all Subjects Committees constituted under sub-section (1) of section 78, .. ex-officio Members; 6[(c) six Councillors, out of which not less than three shall be women, to be elected by the Zilla Parishad from amongst the Councillors, .. Members;]
- (d) the Chief Executive Officer, .. ex-officio Member;
- (e) the Executive Engineer (Rural Water Supply), Zilla Parishad; the Executive Engineer (Minor Irrigation), Zilla Parishad, .. ex-officio Member;
- (f) the Deputy Chief Executive Officer, Zilla Parishad looking after sanitation, .. ex-officio Member;
- (g) the Deputy Chief Executive Officer (Panchayat), and .. ex-officio Member;
- (h) the Additional Chief Executive Officer, .. ex-officio Member- Secretary: Provided that, the Committee may invite not more than two representative of Support Organisations in the district (NGOs, consultants, educational institutions) working in the field and having special knowledge and experience in the subject of water conservation, drinking water supply and sanitation, as special invitees, for the purpose of assisting or advising the Committee in discharge of its duties and functions: Provided further that, the ex-officio Members appointed under clauses (d), (e), (f), (g) and (h) and the special invitees may take part in the deliberations of the Committee but shall have no right to vote in such meetings.
- (2) The Water Management and Sanitation Committee shall have and exercise, in relation to the subject of water conservation, preservation, utilisation, drinking water supply and sanitation, all the powers which the Subjects Committee has and exercises in relation to the subjects allocated to it, by or under the provisions of the Act.] Clause (d) was deleted by Mah. 21 of 1994, s. 66(1)(b). Sub-section (3) was deleted by Mah. 21 of 1994, s. 66(2). This portion was inserted by Mah. 6 of 1975, s. 22(b).
The words “The Social Welfare Officer of Zilla Parishad shall be the Joint Secretary, ex-officio, of the Standing
Committee” were deleted by Mah. 22 of 1970, s. 3. Section 79A was substituted by Mah. 3 of 2005, s. 3. Clause (c) was substituted by Mah. 18 of 2012, s. 2.
1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 71
Samitis Act, 1961
Chapter IV COMMITTEES
80. Constitution of Subjects Committees.
- (1) Subject to the provisions of 1[sections 81 and 83]— 2[ 3[(A)] 4[Agriculture Committee] shall consist of— (i) 5[ten Councillors]
- • * * * elected by the Zilla Parishad from amongst its Councillors;
- • * * * * * *
- • * * * * * * 9[(B)] the Social Welfare Committee shall consist of— (i)
10[nine Councillors] elected by the Zilla Parishad from amongst
11[its Councillors], so
however that
12[, subject to availability,] of these,—
- (a) five shall be reserved for Councillors belonging to the Scheduled Castes and Schedule Tribes; and of these five at least two shall be reserved for the Schedule Tribes; (b) 13[four] shall be reserved for Councillors belonging to the 14[Backward Class of citizens];
- • * * * * * *
- (ii) two women Councillors elected by the Zilla Parishad from amongst 16[its Women Councillors].
- • * * * * * *
- (iii) the Social Welfare Officer of the Zilla Parishad shall be the Secretary, ex-officio, of the Committee. Explanation.— For the purposes of this paragraph, a person who belongs to any of the Scheduled Castes or Scheduled Tribes as defined in clauses (29) and (30) of section 2, shall be eligible to be elected
- • * * * on the Social Welfare Committee in any District; whether such person is or is not a resident in the locality in the State in relation to which the caste or tribe to which he belongs is deemed to be a Scheduled Castes or a Scheduled Tribes, as the case may be;] 19[(C)] the 20[Education and Sports Committee] shall consist of— (1) 21[eight Councillors] elected by the Zilla Parishad from amongst its Councillors]; These words and figures were substituted for the word and figures “section 81” by Mah. 35 of 1963, s. 32(a)(i). Clause (a) was substituted by Mah. 22 of 1970, s. 4. Clause (a) was re-numbered as clause (A) by Mah. 6 of 1975, s. 23(1)(a).
These words were substituted for the words “Agriculture and Co-operatives Committee” by Mah. 6 of 1975, s. 23
(1)(a)(i). These words were substituted for the words “nine Councillors” by Mah. 6 of 1975, s. 23(1)(a)(ii). The brackets and words “(not being associate Councillors)” were deleted by Mah. 21 of 1994, s. 68(a)(i). Sub-clause (ii) was deleted by Mah. 21 of 1994, s. 68(a)(ii). Sub-clause (iii) was deleted by Mah. 21 of 1994, s. 68(a)(iii). Clause (i-a) was re-numbered as clause (B) by Mah. 6 of 1975, s. 23(b). These words were substituted for the words “eight Councillors” by Mah. 6 of 1975, s. 23(b)(i). These words were substituted for the words “the elected Councillors” by Mah. 12 of 1996, s. 4(1). These words were inserted by Mah. 21 of 1994, s. 68(b)(i). This word was substituted for the word “three” by Mah. 6 of 1975, s. 23(b)(ii). These words were substituted for the words “socially and educationally backward classes” by Mah. 21 of 1994 s. 68(b)(ii). These provisos were deleted by Mah. 21 of 1994, s. 68(b)(iii). These words were substituted for the words “the elected Women Councillors” by Mah. 12 of 1996, s. 4(2). These provisos were deleted by Mah. 10 of 1990, s. 6(b).
The words “or co-opted to any of the seats reserved for Scheduled Castes or Scheduled Tribes, as the case may be”
were deleted by Mah. 21 of 1994, s. 68(b)(iv). Clause (aa) was re-numbered as clause (C) by Mah. 6 of 1975, s. 23(c). These words were substituted for the words “Education Committee” by Mah. 24 of 2010, s. 3. These words were substituted for the words “seven Councillors” by Mah. 6 of 1975, s. 23(c)(i).
72 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V
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- • * * * *
- • * * * *
- • * * * *] 4[(D) the Works Committee shall consist of—
- (i) eight Councillors elected by the Zilla Parishad from amongst its Councillors;
- • * * * *
- • * * * *] 7[(E)] the other Subjects Committees shall each consist of— (i) 8[eight Councillors] elected by the Zilla Parishad from amongst its Councillors;
- • * 10[Provided that, on the Women and Child Welfare Committee not less than seventy per cent. of the Councillors shall be from amongst its women Councillors. Explanation.— For the purpose of computing the number of members at seventy per cent., fraction shall be rounded off to one.]
- • * * * *
- • * * * *
- • * * * *
- (3) The Head of a Department of a Zilla Parishad specified by the Zilla Parishad in this behalf
shall be the Secretary, ex-officio of such Subjects Committee as the Zilla Parishad may direct in
that behalf.
Chapter IV COMMITTEES
81. Election to Committees.
- (1) No Councillors shall be elected on more than 14[one Committee] (including the Standing Committee): 15[Provided that where the total number of Councillors of any Zilla Parishad including the Chairmen of all the Panchayat Samitis in the District is less than the number required to fill the number of members of all the Committees, a Councillor may be elected on two Committees, but only to the extent, necessary.]
- • * * * *
- (3) Every election to a Committee (including the Standing Committee) shall be held in accordance with the system of proportional representation by means of the single transferable vote. 17[(4) In the event of a dispute arising as to the validity of the election of any Councillor under section 79 or section 80 (including any question arising out of the acceptance or rejection of a
nomination paper on any ground, or whether or not a Councillor is a member of a Scheduled Caste,
Sub-clause (ii) was deleted by Mah. 21 of 1994, s. 68(c)(i). Sub-clause (iii) was deleted by Mah. 6 of 1975, s. 23(c)(ii). The proviso was deleted by Mah. 21 of 1994, s. 68(c)(ii). Clause (D) was inserted by Mah. 6 of 1975, s. 23(d). Sub-clauses (ii) and (iii) were deleted by Mah. 21 of 1994, s. 68(d)(i). The proviso was deleted by Mah. 21 of 1994, s. 68(d)(ii). Clause (b) was re-numbered as clause (E) by Mah. 6 of 1975, s. 23(e). These words were substituted for the words “seven Councillors” by Mah. 6 of 1975, s. 23(e). The word “and” was deleted by Mah. 22 of 1962, s. 6(b). The proviso and Explanation were inserted by Mah. 4 of 1992, s. 4(a). The second proviso was deleted by Mah. 21 of 1994, s. 68(e)(i). Sub-clause (ii) was deleted by Mah. 21 of 1994, s. 68(e)(ii). Sub-section (2) was deleted by Mah. 21 of 1994, s. 68(f). These words were substituted for the words “two committees” by Mah. 6 of 1975, s. 24(1)(a). This proviso was added by Mah. 6 of 1975, s. 24(1)(b). Sub-sections (2) and (2A) were deleted by Mah. 6 of 1975, s. 24(2). Sub-section (4) was inserted by Mah. 35 of 1963, s. 33(2).
1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 73
Samitis Act, 1961 Scheduled Tribe or any
- • * * backward class of citizens) any Councillor may refer the dispute to the Commissioner, whose decision thereon shall be final : Provided that,—
- (a) the dispute is referred to the Commissioner within a period of ten days from the date of the election of the Councillor;
- (b) no decision shall be given against any Councillor without giving him a reasonable opportunity of being heard.]
Chapter IV COMMITTEES
82. Term of office of members of Standing Committee and Subjects Committees.
- (1) The term of office of members of a Standing Committee and a Subjects Committee of a Zilla Parishad shall be co-terminus with the term of office of Councillors of that Zilla Parishad.
- (2) If any member is, for a period of three consecutive months (excluding in the case of the Chairman any period of leave duly sanctioned) without the permission of the Committee, absent from meetings thereof 2[or if any member is absent from such meetings for a period of six consecutive months], his office shall,
- • * *
- • * * * become vacant :
- • * * * Provided further that, nothing in this sub-section shall apply in relation to a member of the Standing Committee falling under clause (b) of sub-section (1) of section 79, as long as such member continues to be a Chairman of any Subjects Committee.] 6[(3) If any question whether a vacancy has occurred under this section is raised by the Commissioner suo motu or on an application made to him by any person in that behalf, the Commissioner shall decide the question 7[as far as possible within ninety days from the date of receipt of such application]; and his decision thereon shall be final. Until the Commissioner decides the question the member shall not be disabled from continuing to be a member of the Standing Committee or a Subjects Committee : Provided that, no decision shall be given against any member without giving him a reasonable opportunity of being heard.]
Chapter IV COMMITTEES
82A. Resignation of members of Standing or Subjects Committees.
Any member of the Standing Committee or a Subjects Committee (not being a member falling under clause (b) of sub-section (1) of section 79 or
9[sub-clause (ii) of clause (A)] of sub-section (1) of section 80) may resign his office by writing under his hand addressed to the Chairman of the Committee; and his office shall thereupon become vacant.
10[The notice of resignation shall be delivered in the manner prescribed.]
Chapter IV COMMITTEES
82B. Casual vacancies how to be filled up.
In the event of any vacancy occurring on
account of the resignation by a member of the Standing or a Subject Committee or otherwise
The words “socially or educationally” were deleted by Mah. 21 of 1994, s. 69. These words were inserted by Mah. 21 of 1968, s. 7(a). The words, letter and figures “notwithstanding anything contained in clause (b) of sub-section (1) of section 79” were deleted by Mah. 6 of 1975, s. 25(1). The words, brackets, letters and figures “or sub-clause (II) of clause (a) of sub-section (1) of section 80” were deleted by Mah. 21 of 1968, s. 7(b). The proviso was deleted by Mah. 21 of 1994, s. 70. Sub-section (3) was substituted by Mah. 35 of 1963, s. 34. These words were inserted by Mah. 43 of 1964, s. 14. Sections 82A and 82B were inserted by Mah. 35 of 1963, s. 35. These words, brackets, figures and letter were substituted for the words, brackets, figures and letter “sub-clause (II) of clause (a)” by Mah. 6 of 1975, s. 26. These words were substituted for the portion beginning with the words “such notice shall” and ending with the words “in that behalf” by Mah. 43 of 1964, s. 15.
74 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V
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1[the Secretary of the Committee] shall forthwith communicate the occurrence of such vacancy to the Zilla Parishad and the vacancy shall, subject to the provisions of section 81, be filled as soon as possible by the election or co-option, as the case may be, of a person thereto who shall hold office so long as the member in whose place he is elected or co-opted would have held it if the vacancy had not occurred.]
Chapter IV COMMITTEES
83. Chairmen of Subjects Committees.
- (1) There shall be 3[five] Chairmen of the Subjects Committees of every Zilla Parishad of whom the Vice-President shall be one. 4[(1-A) Not later than 15 days from the first meeting of a Zilla Parishad convened under section 45, the Collector shall convene another meeting of the Zilla Parishad for the election of the Chairmen of Subjects Committees (other than the Vice-President). The meeting 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 provisions of sub-sections (2) and (3) of section 45 shall so far as may be applicable, apply to the procedure to be followed at such meeting.]
- (2) Subject to the provisions of this section, the Councillors shall from amongst the elected Councillors (excluding the President and the Vice-President) elect 5[four] persons to be Chairman of the Subjects Committees, and each such Chairman and the Vice-President shall be placed in charge of such Committee or Committees (but not more than two Committees) as the Parishad may determine: 6[Provided that, the Chairman of the Women and Child Welfare Committee shall be from amongst the elected Women Councillors.] 7[(2-A) If a Councillor is a Chairman of any specified co-operative society or labour contract co-operative society and is elected as a Chairman of a Subjects Committee, and if a Chairman of any Subjects Committee is elected as Chairman of any such co-operative society, then such Councillor shall intimate in writing, within seven days from the date on which he is so elected, to the Collector his option to continue as Chairman of the Subjects Committee by resigning the office of the Chairman of such co-operative society. Any intimation so given shall be irrevocable. In default of such intimation within the aforesaid period, the office of the Chairman of the Subjects Committee to which he is elected shall become vacant. Explanation.— For the purposes of this sub-section, the resignation of the office of the Chairman of such co-operative society so tendered shall be effective from the date of such resignation, any provisions to the contrary in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or the rules made thereunder or the bye-laws of such society notwithstanding.] 8[(3) The Agriculture Committee and the Animal Husbandary and Dairy Committee shall be placed in charge of one Chairman; and the Social Welfare Committee shall be placed in charge of another Chairman who shall be a person belonging either to a Scheduled Caste or a Scheduled Tribe or a Nomadic Tribe or a Vimukta Jati.]
- (4) (a) If the Vice-President is a person belonging to a Scheduled Caste or a Scheduled Tribe and there is no other elected Councillor belonging to such Caste or Tribe, then he shall be the Chairman of the Social Welfare Committee;
- (b) if amongst the elected Councillors—
- (i) there is only one Councillor belonging to such Caste or Tribe, he shall (unless he is already elected as President of the Zilla Parishad) be the Chairman of the Social Welfare Committee; These words were substituted for the words “the Chairman” by Mah. 21 of 1968, s. 8. Section 83 was substituted by Mah. 5 of 1971, s. 4. This word was substituted for the word “four” by Mah. 4 of 1992, s. 5(a). Sub-section (1-A) was inserted by Mah. 6 of 1975, s. 27(1). This word was substituted for the word “three” by Mah. 4 of 1992, s. 5(b). This proviso was inserted by Mah. 4 of 1992, s. 5(c). Sub-section (2-A) was substituted by Mah. 1 of 1993, s. 4. Sub-section (3) was substituted for the original by Mah. 6 of 1975, s. 27(3).
- (b) if amongst the elected Councillors—
1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 75
Samitis Act, 1961
- • * * * * * Explanation.— For the purposes of this sub-section, a person who is eligible to be elected
- • * to any of the seats, reserved for Scheduled Castes or Scheduled Tribes, on the Social Welfare Committee under the Explanation to
3[clause (B), sub-clause (i), paragraph (a)] in sub-section (1) of section 80,
shall also be eligible to be elected
- • * as Chairman of the said Committee.
- (5) The remaining four Subjects Committees shall be placed in charge of such of the remaining two Chairmen as the Zilla Parishad may determine in this behalf.
- • * * * * * *
6[(6) The provisions of section 43 shall mutatis mutandis apply in respect of the term of
appointment of the Chairman of a Subjects Committee.]]
Chapter IV COMMITTEES
84. Honorarium to Chairman of Subjects Committees.
7[(1) Subject to the provisions of section 85, each of the Chairman (other than the Vice-President) referred to in section 83 shall get a consolidated honorarium of
8[four thousand rupees] per month.] (2)
9[Each Chairman may be provided without payment of rent the use of furnished residential
accommodation or subject to such rules as the State Government may make in this behalf, such house rent allowance in lieu thereof as may be deemed suitable by the Zilla Parishad], and shall be entitled to such travelling and other allowances as may be prescribed by the State Government.
- • * *
- (3) A Chairman shall not be disqualified for being chosen as, or for being a Councillor or a member of a Panchayat Samiti by reason only that he is in receipt of honorarium or any allowances or amenities under this section.
Chapter IV COMMITTEES
84A. Power of State Government to vary amount of honorarium by order
Notwithstanding anything contained in sections 46, 47A, 69 and 84, the State Government
may, by order issued from time to time, vary the amount of monthly honorarium payable to the
Chapter IV COMMITTEES
85. President, Vice-President, Chairman and Deputy Chairman of a Panchayat Samiti or the Chairmen of Subjects Committees.
Leave of absence of Chairman of Subjects Committee and consequential provisions.— (1) The Chairman of Subjects Committee 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 but 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) A Chairman of a Subjects Committee shall not be entitled to pay honorarium for any period of absence exceeding thirty days under sub-section (1). Sub-clauses (ii), (iii) and the proviso were deleted by Mah. 21 of 1994, s. 71(1)(a). The words “or co-opted” were deleted by Mah. 21 of 1994, s. 71(1)(b)(i). These words, brackets, figure and letters were substituted for the word, brackets, figure and letter “clause (i-a)” by Mah. 21 of 1994, s. 71(1)(b)(ii). The words “or co-opted” were deleted by Mah. 21 of 1994, s. 71(1)(b)(i). The proviso was deleted by Mah. 21 of 1994, s. 71(2). Sub-section (6) was substituted by Mah. 27 of 2000, s. 7. Sub-section (1) was substituted for the original by Mah. 10 of 1985, s. 5(a). These words were substituted for the words “one thousand rupees” by Mah. 11 of 1994, s. 5. This portion was deemed always to have been substituted for the portion beginning with the words “Each Chairman” and ending with the words “by the Zilla Parishad” by Mah. 8 of 1966, s. 7. The portion beginning with the words “The Vice-President shall be” and ending with words “elected as Vice-President” was deleted by Mah. 10 of 1985, s. 5(b). Section 84A was inserted by Mah. 11 of 1994, s. 6.
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- (3) Nothing in sub-section (2) shall apply when the Chairman 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) When a Chairman holds the office of any other presiding authority he shall be entitled only to the honorarium attached to such one of the offices as he may choose.
Chapter IV COMMITTEES
86. Resignation of Chairman of Subjects Committee.
The
1[elected or co-opted] Chairman of a Subjects Committee may resign his office by writing under his hand addressed to the President,
2[and his office shall thereupon become vacant.]
3[The notice of resignation shall be delivered in the manner prescribed.]
Chapter IV COMMITTEES
87. Motion of no-confidence against Chairman of Subjects Committee.
4[
5[The
6[Collector]] shall, on requisition of
7[not less than
8[one-third]] of the total number of Councillors
- • * * 10[who are for the time being entitled to sit and vote on any meeting of the Zilla Parishad] call a special meeting 11[of the Zilla Parishad] to consider a motion of no-confidence in the Chairman of the Subjects Committee. 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]; and thereupon the
provisions of section 49 shall apply in relation to such motion against the Chairman of the Subjects
Committee as they apply in relation to the President or Vice-President of the Parishad:
12[Provided that, such motion of no-confidence against the Chairman of the Women and Child Welfare Committee shall be passed only by a majority of not less than three-fourth of the total number of Councillors who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad:]
13[
14[Provided further that,] no such motion of no-confidence shall be brought within a period of
15[six months] from the date of the election of the Chairman of a Subjects Committee :]
16[
17[Provided also that,] 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 within a period of one year from the date of the special meeting.]
Chapter IV COMMITTEES
88. Removal of Chairman of Subjects Committee.
Without prejudice to the provisions of
section 87, a Chairman of a Subjects Committee may be removed from office by the State Government for misconduct in the discharge of his duties or neglect of, or incapacity to perform his duty or for being persistently remiss in the discharge thereof, or guilty of any disgraceful conduct; and the Chairman so removed shall not be eligible for re-election as Chairman during the remainder of his term of office as Councillor :
These words were substituted for the word “elected” by Mah. 5 of 1971, s. 5. These words were substituted for the portion beginning with the words “and the resignation” and ending with the words “in this behalf” by Mah. 35 of 1963, s. 38. These words were added by Mah. 43 of 1964, s. 16. This portion was substituted for the portion beginning with the words “A motion of no-confidence” and ending with the words “the State Government” by Mah. 43 of 1964, s. 17. These words were substituted for the words “The Chairman of Subjects Committee” by Mah. 34 of 1966, s. 4. This word was substituted for the word “President” by Mah. 6 of 1975, s. 28(a). These words were substituted for the words “not less than one-third” by Mah. 12 of 1996, s. 5(1). These words were substituted for the words “one-fifth” by Mah. 27 of 2000, s. 8. The brackets and words “other than associate Councillors” were deleted by Mah. 21 of 1994, s. 72. These words were inserted by Mah. 6 of 1975, s. 28(b). These words were inserted by Mah. 34 of 1966, s. 4. This proviso was inserted by Mah. 28 of 2003, s. 7(a). This proviso was added by Mah. 46 of 1994, s. 6. These words were substituted for the words “Provided that” by Mah. 28 of 2003, s. 7(b). These words were substituted for the words “one year” by Mah. 12 of 1996, s. 5(2). This proviso was added by Mah. 16 of 2001, s. 5. These words were substituted for the words “Provided further that” by Mah. 28 of 2003, s. 7(c).
1962 : Mah.
Chapter IV COMMITTEES
89. V] The Maharashtra Zilla Parishads and Panchayat 77 Samitis Act, 1961 Provided that, no Chairman shall be removed from office unless he has been given an opportunity to furnish his explanation.
Consequences of absence on leave of Chairman of Subjects Committee.—
1[Subject to rules made by the State Government in this behalf, the Chairman] of a Subjects Committee who for a period exceeding thirty days in the aggregate in a year absents himself from
2[duty] shall cease to be the Chairman of that Subjects Committee unless leave so to absent himself has been granted under section 85.
Chapter IV COMMITTEES
90. Casual vacancy in office of Chairman of Subjects Committee.
- (1) If the Chairman of a Subjects Committee,—
- (a) against whom a motion of no-confidence is carried under section 87, or
- (b) who is removed from office under section 88, or
- (c) who ceases to be a Chairman under section 89,— is also a Vice-President, his office of Vice-President shall be deemed to be vacant with effect from the date on which the office of such Chairman becomes vacant or he is removed from office or he ceases to be such Chairman, as the case may be.
- (2) The vacancy of the Chairman shall be filled in the manner provided by the provisions of section 83 3[and the new Chairman shall hold office only so long as the person in whose place he is elected would have held it, had the vacancy not occurred.]
- (3) If a Chairman of a group of Subjects Committee ceases to be Chairman of any one Subjects
Chapter IV COMMITTEES
90A. Committee, he shall be deemed to have ceased to be the Chairman of the other Subjects Committee.
Provisions of section 53 to apply to handing over charge to new Chairman of Subjects Committee.— The provisions of section 53 relating to the handing over of charge to a new President or Vice-President shall apply mutatis mutandis in relation to the handing over of charge to the new Chairman of the Standing or a Subjects Committee.]
Chapter IV COMMITTEES
91. Powers and functions of Chairman of Standing Committee and of Subjects
Committee.— (1) Subject to the provisions of this Act, and the rules made thereunder by the State Government—
- (a) the Chairman of the Standing Committee or a Subjects Committee shall—
- (i) convene, preside at and conduct meetings of the Committee; and
- (ii) have access to the records of the Committee;
- (b) the Chairman of any such Committee may, in relation to subjects allotted to the Committee—
- (i) call for any information, return, statement, account, or report from any officer employed by or holding office under the Zilla Parishad or any servant thereof; and
- (ii) enter on and inspect any immovable property occupied by the Zilla Parishad, or any institution under the control and management of the Zilla Parishad or any work or development scheme in progress undertaken by the Zilla Parishad or under its direction: Provided that, the Chairman of the Standing Committee may, in relation to any subject allotted to any Subjects Committee, also exercise the powers under this clause. These words were substituted for the words “The Chairman” by Mah. 35 of 1963, s. 39(a). This word was substituted for the words “the District” by Mah. 35 of 1963, s. 39(b). These words were inserted by Mah. 34 of 1997, s. 11. Section 90A was inserted by Mah. 35 of 1963, s. 40.
78 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V
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- (2) The Chairman of the Standing Committee may grant leave of absence for any period exceeding two months, but not exceeding four months, to any officer of Class I Service (other than the
Chapter IV COMMITTEES
91A. Chief Executive Officer) or Class II Service holding office under the Zilla Parishad.
Power of Government to appoint presiding authorities to exercise powers and perform duties during vacancies.— (1) Pending the election of the President or the Vice-President or of both or the Chairman of any Subjects Committee or during the continuous to absence from the District, or by reason of leave, for a period exceeding thirty days, of any of those presiding authorities, the powers and duties of the presiding authority under this Act in relation to the Standing Committee or any Subjects Committee shall be exercised and performed by such one of those authorities
2[or by an officer] as the State Government may, by notification in the Official Gazette, specify
3[or, as the case may be, appoint] in that behalf.
- (2) When the President or Vice-President holds the office of any other presiding authority under this section, he shall be entitled to the honorarium attached to such one of those offices only as he may choose.]
Chapter IV COMMITTEES
91B. Power of State Government to authorise officer to exercise powers and perform
duties, when offices of all presiding officers are vacant simultaneously.— Where for any reason, at any time, offices of the President, Vice-President and Chairmen of the Subjects Committees become vacant simultaneously, then, notwithstanding anything contained in this Act or the rules made thereunder, pending the election of the new President or the Vice-President, the State Government
may, by order published in the Official Gazette, authorise the Chief Executive Officer or such other
officer as may be specified by it in that behalf,—
- (a) to exercise all the powers and to perform all the duties of the Zilla Parishads, the Standing Committee and the Subjects Committee and other Committees, including those of the President, Vice-President and Chairmen of the Subjects Committees and other Committees, to the exclusion of the Councillors; or
- (b) to exercise all the powers and to perform all the duties of the President, Vice-President and Chairmen of the Subjects Committees and other Committees.]
- • * * *
Chapter IV COMMITTEES
92. Duties, procedure, etc., of Committees to be prescribed by regulations.
6[(1)] Save as
and each of the Subjects Committees, shall be such as may be prescribed by regulations.
- • * * * * * 8[(2) Subject to any rules made in this behalf, a Subjects Committee shall, if required by the Zilla Parishad, have joint meetings with any other Subjects Committees for the purpose of deliberating on
or executing any development scheme; and the procedure to be followed at any such joint meetings
(including provision for the Chairman to preside over such joint meeting, the person to act as Secretary to such meeting, provision for requiring the attendance of any officer of the State Government or authority or any Bank) shall be such as may be provided by regulations made by the Zilla Parishad.]
- • * * * * * Section 91A was inserted by Mah. 35 of 1963, s. 41. These words were inserted by Mah. 21 of 1994, s. 73(1). These words were inserted by Mah. 21 of 1994, s. 73(2). Section 91B was inserted by Mah. 17 of 1982, s. 2. The exisiting proviso were deleted with effect from 12 th September 2022, by Mah. 7 of 2023, s. 3. Section 92 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 43 of 1962, s. 12. The portion beginning with the words “but all subject” and ending with the words “allotted to the Standing Committee” were deleted by Mah. 22 of 1970, s. 7. Section 92 was renumbered as sub-section (1) and sub-section (2) was added by Mah. 43 of 1962, s. 12. Section 93 was deleted by Mah. 34 of 1999, s. 3.
1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 79
Samitis Act, 1961
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