Panchayat Raj is an innovative experiment in the making of modern India. The Balwantrai Mehta Samiti recommended a three-tier Panchayat Raj system for decentralization of power in rural development. Accordingly, the Government of Maharashtra passed the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 on 1st May 1962 and established a three-tier Panchayat Raj with Zilla Parishad at the district level, Panchayat Samiti at the Block level and Gram Panchayat at the village level.
Satara Zilla Parishad was established in May 1962 under the guidance of Hon. Yashwantrao Chavan. Abasaheb Parlekar was the first president of Satara Zilla Parishad. Today there are 11 Panchayat Samiti and 1500 Gram Panchayats working to develop rural areas. Through the 73rd constitutional amendment, women have been allowed to participate in power and more powers have been given to Gram Panchayats through the Gram Sabha. Satara Zilla Parishad has always been a pioneer in implementing any new scheme, campaign, or campaign of the government.
Maharashtra Zilla Parishad and Panchayat Samiti ACT 1961
Rule 56: Establishment of Panchayat Samitis
- For every Block, there shall be a Panchayat Samitis, and the Panchayat Samiti shall have all such functions as are vested in it by this Act,
Rule 57 : Constitution of Panchayat Samitis
- Every Panchayat Samiti shall consist of members elected directly one each from each electoral college by the provisions contained in section 58 and the rules on that behalf: Provided that, the ratio between the population of the territorial area of a Panchayat Samiti and the number of seats in such Panchayat Samiti to be filled in by election shall, as far as practicable, be the same throughout the State.
- [ln general election, on the election of two-thirds or more of the number of sub-section (1), t the names of these members together with their permanent addresses shall be published by the 7[State Election Commission] at such time and in such manner as may be prescribed by the State Government. Upon such publication, the Panchayat Samiti shall be deemed to be duly constituted. In determining two-thirds of the number of members, a fraction shall be ignored
Provided that, such publication shall not be deemed-
- To preclude the completion of the election in any Block 8[and the publication likewise by the 7[State Election Commission] of the names and permanent addresses of the elected members as and when they are available.
- To affect the term of office of the members of the Panchayat Samiti under the Act.
- If in the general election, less than two-thirds of the total number of members are elected then, the State Election Commission shall not publish the names and permanent addresses of such elected members.
The Block Development Officer shall be the Secretary, ex-officio, of the Panchayat Samiti.
Rule 76: Powers and functions of Chairman of Panchayat Samiti.
- The Chairman of a Panchayat Samiti shall.
(a) convene, preside at, and conduct meetings of the Panchayat Samiti;
(b) have access to the records of the Panchayat Samiti;
(c) exercise supervision and control over the acts of officers and servants of or under the Zilla Parishad and working in the Block in matters of execution or administration (including the carrying into effect the resolutions and decisions of the Panchayat Samiti) and the accounts and records of the Panchayat Samiti;
(d) about works and development schemes to be undertaken from block grants, exercise such powers of sanctioning acquisition of property or sale or transfer thereof as may be specified by the State Government.
- The Chairman of a Panchayat Samiti may-
(a) call for any information, return, statement, account or report from any officer or servant working under the Panchayat Samiti;
(b) enter on and inspect any immovable property in the Block occupied by the Zilla Parishad, or any institution in the Block under the control and management of the Zilla Parishad, or the Panchayat Samiti or any work or development scheme in progress in the Block undertaken by the Zilla Parishad or the Panchayat Samiti or under its direction.
Rule 94: Appointment of Chief Executive Officer and Deputy Chief Executive Officer.
(1) There shall be a Chief Executive Officer and one or more Deputy Chief Executive Officers for every Zilla Parishad who shall be appointed by the State Government.
(2) Every Chief Executive Officer and Deputy Chief Executive Officer shall be liable to be transferred by the State Government.
(3) If at a special meeting of the Zilla Parishad not less than two-thirds of the total number of Councillors (other than associate Councillors) [who are for the time being entitled to sit and vote at any meeting of the Zilla Parishad, vote] in favor of a resolution requiring the State Government to withdraw the Chief Executive Officer from office, the State Government shall withdraw such officer from service under the Parishad.
Rule 95: Powers and functions of Chief Executive Officer.
1) Save as otherwise expressly provided by or under this Act, the executive power to carry out the provisions of this Act shall vest in the Chief Executive Officer, who shall—
(a) Exercise all the powers specifically imposed or conferred upon him by or under this Act, or under any other law for the time being in force;
(b) Lay down the duties of all officers and servants of or holding office under the Zilla Parishad by rules made by the State Government;
(c) Unless prevented by sickness or other reasonable cause, attend every meeting of the Zilla Parishad, and may, with the permission of the presiding authority, tender information or clarification in respect of any matter under discussion at such meeting.
(2) Subject to the provisions of this Act and the rules made thereunder, the Chief Executive Officer shall:
(I) Attend the meetings of any Committee of the Zilla Parishad and any Panchayat Samiti in the District;
(ii) Call for any information, return, statement, account, or report from any officer or servant of, or holding office under, the Zilla Parishad;
(iii) Grant leave of absence, for a period not exceeding two months, to Class I and Class II officers;
(iv) Make, during the absence on leave or on the transfer of any officer, temporary provisions for holding a charge and the discharge of the functions of the office;
(v) Call for an explanation from any officer or servant of, or holding office under, the Zilla Parishad;
Subject to any general or special order, which may, from time to time, be made by the State Government on this behalf, the Chief Executive Officer shall appoint officers and servants in the District Technical Services (Class III) and District Services (Class III), constituted under clause (b) of section 239, from the list of candidates selected by such agency or organization, by whatever name called, as the State Government may, by general or special order, specify.
Rule 96: Delegation of powers of Chief Executive Officer.
Any of the powers conferred or duties or functions imposed upon or vested in the Chief Executive Officer by or under this Act, may also be exercised, performed, or discharged under the Chief Executive Officer’s control, and subject to such conditions and limitation, if any, as he may think fit to lay down, by any officer or servant holding office under the Zilla Parishad to whom the Chief Executive Officer generally or specially empowers by order in writing.
Rule 97: Appointment of Block Development Officer.
There shall be a Block Development Officer for every Panchayat Samiti who shall be appointed by the State Government.
Rule 98: Powers and functions of Block Development Officer.
Subject to the provisions of this Act, and any rules made thereunder, a Block Development Officer may—
(a) Subject to the general order of the Chief Executive Officer, grant leave of absence to officers or servants of Class III service or of Class IV service of the Zilla Parishad working under the Panchayat Samitis; and
(b) Call for any information, return, statement, account, report, or explanation from any such officer or servant.
Rule 99: Powers and functions of Head of Department of Zilla Parishad.
Subject to the provisions of this Act and the rules made thereunder, every Head of the Department of the Zilla Parishad—
(a) May, in respect of works and development schemes about his Department accord technical sanction thereto;
(b) Shall assess and give his opinion confidentially every year on the work of officers of Class II service working in his Department and shall forward them to the Chief Executive Officer;
(c) Shall, unless prevented by sickness or other reasonable cause, attend every meeting of the Zilla Parishad and of the Committee of which he is the Secretary; and may, with the permission of the presiding authority, tender information or clarification in respect of any matter under discussion at the meeting.
Rule 100: Administrative powers and duties of Zilla Parishad.
It shall be the duty of a Zilla Parishad so far as the district fund at its disposal will allow, to make reasonable provision within the District with respect to all or any of the subjects enumerated in the First Schedule as amended from time to time under subsection (2) (in this Act referred to as “the District List”) and to execute or maintain works or development schemes in the District relating to any such subjects.
Rule 106: Powers and functions of Zilla Parishad.
Subject to the provisions of this Act and the rules made thereunder by the State Government, a Zilla Parishad may—
(i) Do all things necessary for the proper discharge of the functions and duties imposed on it by or under the Act;
(ii) Sanction works or development schemes within the District (not being works or development schemes which a Panchayat Samiti has been empowered by this Act to sanction within the Block from block grants);
(iii) At any time, call for any proceedings of the Standing Committee or any Subjects Committee, or for any return, statement, account or report concerning or connected with any subjects allotted thereto;
(iv) Require any of its officers or servants to attend any meeting of the Zilla Parishad and tender advice on any matter which concerns the department under which such officer or servant is working, and every such officer or servant shall comply with such requisition;
(v) Exercise powers or perform functions in respect of matters which by or under this Act are not expressly conferred or imposed on the Panchayat Samiti or Standing Committee or a Subjects Committee, presiding authority or officer or servant of or under the Zilla Parishad;
(vi) 1[subject to the instructions or directions, if any, given or issued under, sub-section (1) of section 261, revise or modify] any decision taken by the Standing Committee, a Subjects Committee, presiding authority or officer of or under, or servant of, the Zilla Parishad ;
(vii) Exercise administrative control over officers and servants holding office under it; and
(viii) Supervise generally the execution of all duties and functions under this Act.
Rule 108: Powers and functions of Panchayat Samiti.
(i) shall prepare an overall plan of works and development schemes to be undertaken in the Block to enable the Zilla Parishad to prepare its development plans;
(ii) shall prepare a plan of works and development schemes to be undertaken from block grants with a view to utilising local resources in the Block to the maximum possible extent
Rule 111: Meeting of Zilla Parishads.
(1) A Zilla Parishad may meet as often as may be necessary, but three months shall not intervene between its last meeting and the date of its next meeting.
(2) Subject to the provisions of this section, the State Government shall make rules consistent with this Act, concerning the place, conduct, and adjournment of such meetings, and generally concerning the transaction of business thereat.
Rule 119: Meetings of Standing Committees and Subjects Committees.
Each Standing Committee and Subjects Committee may meet as often as may be necessary, but one month shall not intervene between its last meeting and the date of its next meeting and shall observe such procedure regarding the transaction of business at its meetings 7[as the State Government may by rules prescribe in that behalf.
Rule 123: Entrustment of execution of development schemes to Zilla Parishad.
(1) The State Government may, subject to such conditions and restrictions as may be specified by that Government, by order in the Official Gazette entrust to any Zilla Parishad, or Panchayat Samiti or both, the execution or maintenance of such works or development schemes (whether within or without the District, and whether or not relating to any subject in the District List), as it may deem fit, and it shall be the duty of the Zilla Parishad or Panchayat Samiti, or as the case may be, both to execute or maintain works or development schemes accordingly.
Rule 124: Execution of works and development schemes of Zilla Parishad through Panchayat Samiti.
Notwithstanding anything contained in the foregoing provisions of this Act but subject to rules prescribed by the State Government in this behalf, any works or development schemes which a Zilla Parishad decides to execute or maintain shall be executed or maintained through the agency or a Panchayat Samiti within the District.
Rule 127: Power of State Government or officer to inspect and give technical guidance, etc.
If for the efficient or economical execution or maintenance of any works or development schemes undertaken by a Zilla Parishad or Panchayat Samiti, an officer or person authorized by general or special order of the State Government considers it necessary for that purpose to give technical guidance or assistance to any officer of or under a Zilla Parishad or any servant thereof who is charged with the execution or maintenance of any such works or development schemes, then the officer or person so authorized may periodically inspect such works or development schemes and may give such guidance, assistance or advice as he thinks necessary about such works or development schemes and shall forward to the Chief Executive Officer a report on the inspection made pointing out therein any irregularities noticed, and his suggestions for improvement.
