Election of 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).

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 49

Samitis Act, 1961

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

Samitis Act, 1961 (c)

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.]