Maharashtra Zilla Parishad and Panchayat Samiti Act,1961 Important Provisions At a Glance

Constitution of ZP/PS Sr. No. Particulars Z P P S 1. Establishment of 6 56 2. Parishad Authorities and organization thereof 7 3. Incorporation of 8 4. Constitution of 9 57 6. State Election Commission 9-A - 7. Election and term of Councilors 10 8, Commencement of Councilors/Panchayat Samiti Members 11 59

Parishad Authorities- Organization The authorities charged with carrying out the provisions of this Act for each DISTRICTS are-(Section-7) 1.The Zilla Parishad 2.Panchayat Samiti 3.The standing Committee 4.The subject committees 5. Presiding authorities 6.The chief Executive Officer, and 7 Block Development Officers

Election Sr. No. Election of section 1. Z.P. President and Vice President 42 (45) 2. Chairman of Subject Committee 42 3. Chairman and Deputy Chairman of Panchayat Samiti 64

Term of Office Sr. No. particulars u/s Years 1. Term of Office of President and Vice President of zilla Parishad 43 Two and Half 2. Term of Office of members of Standing and Subject Committees 65 Two and half 3. Term of Office of Chairman and Deputy Chairman of P.S. 82

Disqualification Sr. No. Disqualification of section 1. Zilia Parishad Elected Councilors 16 2. Councilors during term of office 40 Panchayat Samiti Members 62 3. By State Election Commission 62-A

Disqualification(s-16) Sr. No. Reason of disqualification 1. Guilty of corrupt practice 2. Sentenced to imprisonment 3. Dismissed for misconduct 4. Removal from office u/s-39 5. Unsound mind 6. Insolvent 7. Deaf-mute

Disqualification(s-16) Sr. No. Reason of disqualification 8. Office of profit 9. Interest in contract 10. Interest in loan transaction 11. Failure to pay tax 12. Citizen of foreign State 13. More than 2 children

Disqualification of Councilors or Panchayat Samiti Member during term of office 1.Disqualification of Counsillors (S-40) 1.Becomes disqualified under sub-section(1) or (4)of section, or 2.Is for a period of 6 consecutive months(excluding in case of presiding authority the period of leave duty sanctioned)with out the permission of the Zilla Parishad ,absent from meetings thereof ,or 3. is absent from such meetings for a period of twelve consecutive months , The office of such member shall become vacant Provided reasonable opportunity to furnish explanation shall be given The Commissioner shall decide application within 90 days

Disqualification of Councilors or Panchayat Samiti Member during term of office 2.Disqualification of Panchayat Samiti Members(S-62) 1.Becomes disqualified under section 58 , or 2.Is for a period of 3 consecutive months(excluding in case of presiding authority the period of leave duty sanctioned)with out the permission of the Zilla Parishad ,absent from meetings thereof ,or 3. is absent from such meetings for a period of 6 consecutive months, The office of such member shall become vacant Provided reasonable opportunity to furnish explanation shall be given The Commissioner shall decide application within 90 days

Resignation Sr. No. By Whom U/S Address TO Delivery To Remark 1. Councilors of Z.P. 38 President C.E.O Office shall become vacant 2. President of Z.P. 48 Com. do 3. Vice President of Z.P. 4. Chairman of the Subject Committee 86

Resignation Sr. No. By Whom U/S Address TO Delivery To Remark 5. Member of Standing and Subject Committee 82-A President C.E.O do 6. Chairman and Vice-Chairman of P.S. 71 7. P.S. Member 60 Chairman P.S

Motion of No Confidence Sr. No. Against By Whom U/S Letter Address To 1. President and Vice President of Z.P. 1/3 Councilor 49 The Collector 2. Chairman and Deputy Chairman of P.S. 1/3 P.S.Member 72 3. Chairman of Subject Committees 1/3 councilors 87

Motion of No-confidence U/s 49,72,87 1.The requisition for special meeting shall be signed by not less than 1/3 of the total number of councilors who are entitled to and vote at any meeting of Z.P. and delivered to the Collector. 2.The Collector shall ,within 7 days from the date receipt of the requisition convey a special meeting of Z.P. The meeting shall be held on a date not latter than 30 date from the date of issue of the notice of the meeting. 3.The meeting shall be presided over by the Collector or any other officer not below the rank of deputy collector authorized by him on his behalf. 4.The meeting called shall not ,for nay reason be adjourned. 5.The office of President or Vice-President shall be vacant ,if a motion of no- confidence is passed at a special meeting of Z.P. by a 2/3 majority , Provided that, where the office of 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 then3/4 of total number of the Councilor's. pro

Removal Sr.No. Particulars U/S 1. Councilors for misconduct 39 2. President and Vice President by state govt. 50 3. P. S. Members for misconduct 61 4. Chairman and Vice Chairman of P . S. for misconduct etc. 73 5. Chairman of Subject Committees 88

Refusal to handing over charge Sr.No. Particulars U/S 1. New President and Vice-President of Z.P. 53 2. Chairman and Deputy Chairman of Panchayati Samiti 75-A 3. Chairman of the Subject Committees 90-A

Powers and Functions S r. No. Powers and Functions of- U/S 1. President of Zilla Parishad 54 2 Vice President of Zilla Parishad 55 3. Chairman of the Panchayat Samiti 76 4. Deputy Chairman of the Panchayat Samiti 77

Powers and Functions S r. No. Powers and Functions of- U/S 5. Chairman of Standing and Subject committee 91 6. Chief Executive Officer of Z.P. 95 (94,96) 7. Block Development officer of P.S 98 8. Heads of Department of Z.P. 99 9. Sirpanch Committee 77-A

Powers and Duties Sr.No. Powers and Duties of U/S 1. Administrative Powers Duties of Z.P. 100 2. Power of Z.P. to construct other works and manage other institutions and to give technical guidance to other local authorities 102 3. District fund ordinarily liable for all costs and expenses incurred by Z.P. 104 4. Powers and Functions of Z.P. 106 5. Duties of Z.P.during Famine 107

Powers and Duties Sr. No. Powers and Duties of U/S 5. Powers and Functions of P.S. 108 6. Standing and Subject Committee 109 7. Special Powers and functions of Finance Committee 109-A 8. Panchayat Samiti primarily responsible for certain respect to…. 101 9. To inure expenditure from Block Grant 101-A

Power of State Govt. Sr. No. Power of State Govt.--- U/S 1. To transfer works and developmental schemes 103 2. Power of state Govt. or officer to inspect and technical guidance etc. 127 3. To appoint presiding authorities to exercise power and perform duties during vacancies 91-A 4. To inquire in to affairs of Zilla Parishad 258

Power of State Govt. Sr. No. Power of State Govt.--- U/S 4. To authorize officer to exercise power and perform duties ,when offices of all Presiding officers are vacant ,simultaneously 91-B 5. To suspend levy of objectionable taxes 165 6. To lay down staffing pattern etc. 243-A 7. To inquire in to affairs of Zilla Parishad 258

Power of State Govt. Sr. No. Power of State Govt.--- U/S 8. To provide for performance of duties in default of Z.P. 259 9. To dissolve or suspend Z. P. and consequential provisions 260 10 To give directions regarding works and developmental schemes 261 11. To recover expenditure from grants etc. operating piped water supply scheme 261-A 12. To inspect and supervise 263 13. To appoint headquarter of Z.P. and Panchayat Samiti 283 14. To adopt Laws 287

Power of Commissioner/Collector Powers of Commissioner 1. To inspect office of Z.P. and p Panchayat Samiti 264 2. To Prevent extravagance in establishment for wasteful expenditure 265 3. To suspend execution of unlawful order or resolution of Z.P. and Panchayat Samiti 267-A 4. To covey meetings of Committees in certain cases 122

Power of Collector Powers of Collector 1. To call information regarding to affairs of Z.P. 266 2. Power of District Magistrate to suspend execution of order of Z.P./P.S. 267

Conduct of Business Sr No. Details Z.P. P.S. S.C 1. Meetings of ------u/s 111 117 119 2. Presence of certain Govt. Officers at meetings of ZP/SC-----u/s 114 ---- 120 3. May circulate written propositions 115 121 4. Meetings to be conveyed in certain cases by commissioner -

District Fund and Expenditure S r. No. Details U/S 1. District fund ,its custody and investment 130 2. How District fund drawn against 134 3. Accounts to be kept in prescribed form 135 4. Appropriation of statement of A/c and publication of abstract of accounts 136 5. Preparation of annual budget estimate of income and expenditure 137

District Fund and Expenditure S r. No. Details U/S 1. District fund ,its custody and investment 130 2. How District fund drawn against 134 3. Accounts to be kept in prescribed form 135 4. Appropriation of statement of A/c and publication of abstract of accounts 136 5. Preparation of annual budget estimate of income and expenditure 137

Taxation Sr. No. Particulars of tax U/S 1. Cess on every rupee of land revenue 144 2. Levy of cess on water rate 146 3. Levy of cess on every rupee of L.R.—a) Vidharbh area b)Hyderabad area 151 152 4. Power of ZP/PS to propose increase in rate of cess 155

Taxation Sr. No. Particulars of tax U/S 5. Power to levy cess on lands when minerals therein belongs to, and royalty is payable to Govt. 157 7. Stamp duty grant on certain transfer of immovable property 158 8. Power to ZP to impose taxes 159

Financial assistance to Z.P. Sr. No. Type of assistance Section 1. Grant of forest Revenue to Z.P. -7 % 181-A 2. Purposive grants 182 3. Establishment grant 183 4. Local cess matching grant 185 5. Incentive grants 186 6. Grants for Plan schemes 187 7. Block Grant 189