The Bombay Village Panchayats Act, 1958 Complete Act - Bare Act

THE BOMBAY VILLAGE PANCHAYATS ACT, 1958

[BOMBAY ACT NO. III OF 1959]¹

This Act received the assent of the President on the 14th January 1959; the assent was first published in the Maharashtra Government Gazette, Part IV, on the 23rd January, 1959.

Amended by Bom. 53 of 1959.

Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Amended by Mah. 48 of 1961.

Amended by Mah. 5 of 1962.

Amended by Mah. 43 of 1962.

Amended by Mah. 26 of 1963.

Amended by Mah. 35 of 1963.

Amended by Mah. 36 of 1965.

Amended by Mah. 50 of 1965.

Amended by Mah. 10 of 1968.

Amended by Mah. 34 of 1970.

Amended by Mah. 35 of 1972 (1.11.1973)²

Amended by Mah. 38 of 1973 (1.11.1973)²

Amended by Mah. 6 of 1975 (1.5.1975)³

Amended by Mah. 13 of 1975⁴

Amended by Mah. 16 of 1975 (1.4.1975)²

Amended by Mah. 11 of 1976 (14.4.1976)⁶

Amended by Mah. 4 of 1981 (2.3.1981)²

Amended by Mah. 56 of 1981 (2.3.1981)²

Amended by Mah. 2 of 1982 (6.1.1982)²

Amended by Mah. 10 of 1990.

Amended by Mah. 10 of 1992⁵

Amended by Mah. 21 of 1994

1. For Statement of Objects and Reasons see Bombay Government Gazette, 1958, Part V, pp. 279-289.

2. This indicates the date of commencement of Act.

3. This indicates the date of commencement of Act so far as it amends the Bombay Village Panchayats Act, 1958.

4. Section 1 of Mah. 13 of 1975 came into force on 28.5.1975. Sections 3 to 17, 19 to 21 and 24 to 38 came into force on 15.8.1975 and Sections 2, 22 and 23 of the said Act came into force on 1.10.1975 vide G.N., R.D.D., No. VPA. 1074/12739-XII, dated 1st August 1975 and Section 18 came into force on 1.4.1979 vide G.N., R.D.D., No. VPA, 1074/12739 (1634)-XII, dated 16th March, 1979.

5. This Act came into force on 2.10.1992, vide G.N., R. D. and W.C.D. No. VPM. 2692/ 223 CR-3824/21, dated 16th September, 1992.

6. This Act came into force on 23.4.1994 vide G.N., R.D. and W.C.D., No. PRJ 1093 CR-2194/06, dated 23rd April, 1994.

Amended by Mah. 31 of 1994.

Amended by Mah. 52 of 1994 (16.12.1994).

Amended by Mah. 5 of 1997 (2.1.997).

Amended by Mah. 40 of 1997 (7.8.1997).

Amended by Mah. 46 of 1997 (29.12.1997).

Amended by Mah. 1 of 1998 (3.1.1998).

Amended by Mah. 6 of 2000 (5.7.1999).

Amended by Mah. 21 of 2000 (17.4.2000).

Amended by Mah. 27 of 2000 (2.3.2000).

Amended by Mah. 34 of 2000 (5.8.2000).

Amended by Mah. 44 of 2000 (13.9.2000).

Amended by Mah. 16 of 2001 (10.2.2001).

Amended by Mah. 36 of 2001 (26.12.2001)

An Act to amend and consolidate the law relating to the constitution and administration of Village Panchayats in the State of Bombay, and for certain other matters.

WHEREAS it is expedient to amend and consolidate the law relating to the constitution and administration of village panchayats in the State of Bombay with a view to establishing a village panchayat for every village or group of villages and investing them with such powers and authority as may be necessary to enable them to function as units of local self-government and of development activities in rural areas and for certain other matters; It is hereby enacted in the Ninth Year of the Republic of India as follows :-

STATEMENT OF OBJECTS AND REASONS

"The Village Panchayats in the Bombay State are governed by different Village Panchayats Acts viz., (i) the Bombay Panchayats Act, 1933, (ii) the Saurashtra Gram Panchayat Ordinance No. 57 of 1949, (iii) the Central Provinces and Berar Panchayats Act, 1946, and (iv) the Hyderabad Gram Panchayats Act, 1956, according as the Village Panchayats are established in the pre-re-organization State of Bombay or in the Saurashtra area or in the Vidarbha area or in the Marathwada area. The Village Panchayats in the Kutch area are governed by the Bombay Village Panchayats Act, 1933, as applied to Kutch area. It is the intention of Government to enact new legislation governing all the Village Panchayats in the Bombay State on an uniform basis and to widen the powers and duties of the Village Panchayats in order to enable them to function efficiently and to play an important role as units of Local Self-Government.

The Village Panchayats Bill, See Bom. Govt. Gazette Pt. V dated 19.3.1958, pp. 190-271.

The Important Features of the present Bill.

(1) Establishment of Village Panchayat in any revenue village or in any such other administrative unit or part thereof :

(2) Reservation of two seats for women in every Village Panchayat:

(3) Enabling a voter in any ward of the village to stand for election in the same ward or in any other ward of the village;

(4) Constitution of Gram Sabha of all residents in the village who are entitled to vote;

(5) Establishment of a District Village Panchayat Mandal for every District:

(6) Secretary of a Village Panchayat shall be Government servant and salary shall be paid by Government; the training of the Village Panchayat Secretaries shall be provided by Government;

(7) Entrusting the work of collection of land revenue and of maintenance of land revenue records to Village Panchayats ;

(8) Payment of Land Revenue grant to all Village Panchayats in the Bombay State on an uniform basis at the rate not less that 25 per cent and not exceeding30 per cent of the ordinary Land Revenue.

(9) Constitution of a group Nyaya Panchayat for a group of five villages or more and vesting all Nyaya Panchayat with judicial powers as soon as they are constituted :

(10) Audit of Village Panchayat accounts by Government.

The Statement of Object and Reasons is certainly not admissible as an aid to the construction of a statute.

The Act was further extensively amended by Mah Act. 36 of 1965 for the following reasons.

'In the day-to-day administration of the Village Panchayats Act it has been found that some of its provisions now fall short of the requirements. Apart from this, two Study Teams viz., the Study Team on Gram Sabhas and the Study Team on Nyaya Panchayats appointed by the Government of India with a view to vitalising Gram Sabhas and Nyaya Panchayats had made certain important recommendations. Some of the recommendations of these Study Teams have been accepted by Government. Having regard to the change in the pattern of administration at the district and taluka levels and to give effect to the recommendations of the Study Teams aforesaid it is proposed to amend the Act." [Statement of Objects & Reasons of L. A. Bill XXIV of 1965 M.G.G., Pt. V Ex. dt. 5.7.1965, pp. 314,338].

"To give effect to the decision taken by Government under the Fifteen point programme to grant the entire net land revenue of a village to the Village Panchayat concerned for the Village Employment Scheme and also for certain other matters." the Act was amended by the Maharashtra Act 38 of 1973 [M.G.G., Pt. V dt. 2.8.1973, p. 200] By the Mah. Act No. 13 of 1975, the Act was extensively amended, and all Nyaya Panchayats then functioning were abolished and Chapters VI, VII, and VIII containing provisions regarding Constitution and Powers or Nyaya Panchayats (Secs. 63 to 80): Procedure of Nyaya Panchayats in suits and cases (Secs. 90 to 112) and Execution to decrees of Nyaya Panchayats (Secs. 112 to l23) were deleted.

L.C. Bill No. V of 1994 : State of Objects and Reasons :- Article 40of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of Self-Government. Although, in some of the State in India the Panchayati Raj Institutions have been in existence for a long time, due to a number of reasons

CHAPTER I PRELIMINARY

SECTION 01: SHORT TITLE

This Act may be called the Bombay Village Panchayats Act, 1958.

SECTION 02: EXTENT AND COMMENCEMENT

(1) It extends to the whole of the ¹ [State of Maharashtra], except the areas within the limits of a municipal corporation, municipality or cantonment established by or under any law for the time being in force.

(2) It shall come into force on such date ²[as the State Government may, by notification in the Official Gazette, appoint].

3. Definitions.- In this Act unless the context otherwise requires,"

3[* * * ]

(a-2) "Auditor" means an Auditor as defined in the Bombay Local Fund Audit Act, 1930 ⁴[and in relation to a panchayat having an annual income (including grant received from the State Government) of less than Rs. 5,000, also includes an Extension Officer duly authorised in writing by the Chief Executive Officer];

[(a-3) "Backward Class of citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;]

(1) "building" includes a hut, shed, or other enclosure, whether used as a human dwelling or for any other purpose whatsoever and also includes walls, verandahs, fixed platforms, plinths, doorsteps and the like;

(2) "bye-laws" means the bye-laws made by the ⁶[Zilla Parishad] under Section 177;

[(3) * * *]

(4) "cattle" includes elephant, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, assess, swine, sheep, ewes, rambs, lambs, goats and kids;

1. These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

2. lstday of June 1959, videG.N., L.S.G. and P.H.D., No. VPA. 1059-P, dated 23rd May, 1959.

3. This clause was deleted by Mah. 21 of 1994 s. 2(1)

4. This portion was added by Mah. 13 of 1975, s. 2(a).

5. Clause (a-3) was inserted by Mah. 21 of 1994, s. 2(2).

6. These words were substituted for the words "District Village Panchayat Mandal" by Mah. 5 of 1962, s. 286, Tenth Sch.

7. Clause (3) and (5) was deleted by Mah. 13 of 1975, s. 2(b).

1[(5) * * *]

[(6)"Zilla Parishad"

means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961;]

^3[

(7) * * *]

(8) "factory" means a factory as defined in the Factories Act, 1948;

[(8-A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India];

[(9) "Gram Sabha " means a body consisting of person registered in the electoral rolls relating to village comprised within the area of the Panchayat];

(10) "land" includes land which is built upon, or covered with water;

(11) "list of voters" means a list of voters provided for and maintained, under Section 12;

[(12) * * *] ⁷[(13)***]

(14) "panchayat" means a panchayat established or deemed to have been established under this Act;

[(14-A) "population" means the population as ascertained at the last preceding census of which the relevant figures, ⁹[* * *] have been published;]

(15) "prescribed" means prescribed by rules;

(16) "rules" means rules made, or deemed to have been made, under this Act;

(17)" Sarpanch"

and "Upa-Sarpanch" means a Sarpanch and Upa-Sarpanch elected under section 30, ¹⁰[30A], 41 or 43;

11[(17-A) "Scheduled Areas" means the Scheduled Areas referred to in clause (1) of Article 244 of the Constitution of India];

1. Clause (3) (5) was deleted by Mah. 13 of 1975, s. 2(b).

2. Clause (6) was substituted by Mah. 5 of 1962, s. 286, Tenth Sch.

3. Clause (7) was deleted ibid.

4. Clause (8-A) was inserted by Mah. 21 of 1994, s. 2(3).

5. Clause (9) was substituted ibid., s. 2(4).

6.

Clause (12) was deleted by Mah. 13 of 1975, s. 2(b).

7. Clause (13) was deleted by Mah. 6 of 2000, s. 2 (w.e.f. 5.7.1999).

8. Clause (14-A) was inserted by Mah. 13 of 1975, s. 2(c).

9. The words "whether provisional or final" were deleted by Mah. 21 of 1994, s. 2(5).

10. These figures and letter were inserted by Mah. 21 of 1994, s. 2(6).

11. Clause (17-A) was inserted by Mah. 40 of 1997, s. 2(w.e.f. 7.8.1997).

(18)"Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the '[State of Maharashtra] under Article 341 of the Constitution of India;

(19) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the '[State of Maharashtra] under Article 342 of the Constitution of India;

(20) "Secretary" means a secretary of a panchayat appointed or deemed to be appointed under section 60 of this Act;

(20-A) "State Election-Commission" means the State Election Commission consisting of a State Election Commissioner appointed in accordance with the provisions of clause (1) of Article 243-K of the Constitution of India];

(21) "street" means any road, footway, square, court, alley or passage accessible whether permanently or temporarily to the public, whether a thoroughfare or not;

[(22) * * *]

(23) "tax" means a tax, cess, rate or other impost leviable under this Act, but does not include a fee;

[(24) "village and "a group of villages" means the village or, as the case may be, a group of villages specified in the notification issued under clause (g) of Article 243 of the Constitution of India];

(25) "ward" means an area into which a village is divided under clause (b) of sub-section (1) of Section 10 for the purpose specified therein;

(26) the expression "the term of a panchayat" means the period for which the members thereof elected or deemed to be elected shall hold office under section 27;

1. These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

2. Clause (20-A) was inserted by Mah. 21 of 1994, s. 2(7).

3. Clause (22) was deleted by Mah. 13 of 1975, s. 2(d).

4. Clause (24) was substituted by Mah. 21 of 1994 s. 2(8).

'[(27) the expressions "Standing Committee", PanchayatSamiti" 2["'Chief Executive Officer",] ³[Block Development Officer" and "block grant"] shall have the meanings respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961].

CHAPTER II GRAM SABHAS, ESTABLISHMENT AND CONSTITUTION OF

PANCHAYATS

SECTION 04: DECLARATION OF VILLAGE

(l)⁴[Every village specified in the notification issued under clause (g) of Article 243 of the Constitution of India shall be known by the name of that village specified in that notification : ]

5[Provided that, where a group of revenue villages or hamlets or other such administrative unit or part thereof is ⁶[specified in that notification] to be a village, the village shall be known by the name of the revenue village, hamlet or as the case may be, administrative unit or part thereof, having the largest population.]

(2) ⁷[Where the circumstances so require to include or exclude any local area from the local area of a village to or alter the limits of a village or that a local area shall cease to be a village, then the notification issued in the like manner after consultation with the Standing Committee and the Panchayat concerned, at any time, may provide to -

(a) include within, or exclude from, any village, any local area or otherwise alter the limits of any village, or

(b) declare that any local area shall cease to be a village;

and thereupon the local area shall be so included or excluded, or the limits of the village so altered, or, as the case may be, the local area shall cease to be a village.

1. Clause (27) was inserted by Mah. 5 of 1962, s. 286, Tenth Sch. 2 These words were substituted for the words "and Chief Executive Officer" by Mah. 36 of 1965, s. 2(b).

3. These words were substituted for the words "and Block Development Officer" by Mah. 34 of 1970, s. 2.

4. This portion was substituted for the portion beginning with the words "After making"

and ending with the words "name of.......village" by Mah. 21 of 1994, s..3(l)(a).

5. Proviso was inserted by Mah. 36 of 1965, s. 3.

6. These words were substituted for the word "declared', by Mah. 21 of 1994, s. 3(1)(b).

7. This portion was substituted for the portion beginning with the words "After, consultation" and ending with the words "any time" by Mah. 21 of 1994, s. 3(2).

be affected thereby under the concerned statute, though corporations, are so armed with such rights.- ibid.

When consultation for separate Panchayat required.- The Commissioner is not under any obligation to ascertain current views of Panchayat on the issue of separation of Panchayat to make consultation effective. ibid.

Opportunity of hearing before delimitation order is mandatory.- After introduction of Chapter IX in the Constitution of India and consequent amendment of section 4 of Bombay Village Panchayats Act an opportunity of hearing before delimitation order is passed is mandatory. Amended section 4 of the Act reflects constitutional mandate and it will not be sufficient to merely consult the villagers/ village panchayat but also to give a hearing to them. This can be done by public notice by beat of drums etc. - Ashok Ganapat Jadhav v. State Election Commission, 2000 (Supp). Bom. C R. 337.

Constitutional validity of sec. 4.- The provisions of sec. 4 expresses that the Government has power to form or establish a new village, whereas sub-sec. (2) confers power on the Government to include or exclude any area from any village or otherwise after the limits of any village. The Government has framed rules under section 4(1). The rules contemplate an elaborate enquiry in the matter before forming or establishing a new village panchayat. The powers under sub-sec. (2) are required to be exercised by issuing a notification in the like manner. It is clear that authorities are required to follow the procedure prescribed by the rules framed under sec. 4(1) before issuing notification under sec. 4(2). The High Court confirmed the validity of section 4.- Ganapatrao Bhosale v. The State of Maharashtra, 1998 (1) All M. R. 499 : 1998 (1) Mah. L. R. 452.

6.

Establishment of panchayats. - In every village there shall be a panchayat.

1[(6)* * *]

SECTION 07: MEETINGS OF GRAM SABHA

(1) There shall be held at least ²[Four meetings] of the Gram Sabha ³[every financial year] on such date, at such ⁴[time and place, and in such manner], as may be prescribed ⁵[and if the Sarpanch or in his absence the Upa-Sarpanch fails without sufficient cause, to ⁶[hold ⁷[any of such four meetings]], he shall be disqualified for continuing as Sarpanch or, as the case may be, Upa-Sarpanch or for being chosen as such for the remainder of

1. Section 6 was deleted by Mah. 21 of 1994, s. 4.

2. These words were substituted for the words "two meetings" by Mah. 21 of 2000, s. 2(a).

3. These words were substituted for the words "every year" by Mah. 36 of 1965, s. 4(a).

4. These words were substituted for the words "time and place" by Mah. 21 of 2000, s. 2(b).

5. These words were added by Mah. 36 of 1965, s. 4(a).

6. Substituted by Mah. 38 of 1973, s. 2.

7. These words were substituted for the words "any one of such two meetings" by Mah. 21 of 2000, s. 2(c) (w.e.f. 17.4.2000).

the term of office of the members '[of the panchayat; and the Secretary of the panchayat shall also if, prima facie, found responsible of any lapse in convening such meeting, be liable to be suspended, and for being proceeded against, for such other disciplinary action as provided under the relevant rules]. The decision of the Collector on the question whether or not there was such sufficient cause shall be final:]

[Provided that, the Sarpanch may, at any time of his own motion, and, shall, on requisition of the Standing Committee, Panchayat Samiti, or Chief Executive Officer, call a meeting of the Gram Sabha within the period specified in the requisition; and, on failure to do so, the Chief Executive Officer shall require the Block Development Officer to call the meeting within fifteen days from the date he is so required to do. The meeting shall, notwithstanding the provisions of sub-section (3), be presided over by him or any officer authorised by the Block Development Officer, in that behalf.]

(2) Any Officer authorised in this behalf by the ³[Standing Committee, Panchayat Samiti or Chief Executive Officer] by general or special order shall have the right to speak in, and otherwise to take part in, the proceedings of a meeting of the Gram Sabha, but shall not be entitled to vote.

(3) Unless otherwise provided in this Act, the Sarpanch, and in the absence of the Sarpanch, the Upa-Sarpanch shall preside over every meeting of the Gram Sabha. In the absence of the Sarpanch and Upa-Sarpanch, the members of the Gram Sabha shall elect one of the members of the panchayat present to preside.

(4) If any dispute arises as to whether a person is entitled to attend a meeting of a Gram Sabha, such dispute shall be decided by the person presiding, regard being had to the entry in the list of voters for a whole village or Ward thereof, as the case may be, and his decision shall be final.

SECTION 08: PANCHAYAT TO PLACE BEFORE GRAM SABHA STATEMENT OF ACCOUNTS ETC., AND DUTIES OF GRAM SABHA

(1) The first meeting of the Gram

1. These words were substituted for the words "of the panchayat" by Mah. 21 of 2000, s. 2(d). (w.e.f. 17.4.2000).

2. This proviso was substituted for the original by Mah. 36 of 1965, s. 4(b).

3. These words were substituted for the word "Collector" ibid.

Sabha

in 1[every financial year] shall be held within two months from the commencement of that year, and the panchayat shall place before such meeting -

(i) the annual statement of accounts;

(ii) the report of the administration of the preceding financial year;

(iii) the development and other programme of work proposed for the current financial year;

(iv) the last audit note and replies (if any) made thereto;

(v) any other matter which the ²[Standing Committee, Panchayat Samiti or Chief Executive Officer or any officer authorised by the Standing Committee or Panchayat Samiti] in this behalf, requires to be placed before such meeting.

(2) It shall be open to the Gram Sabha to discuss any or all of the matters placed before it under sub-section (1) and the panchayat shall consider suggestions, if any made by the Gram Sabha.

(3) A Gram Sabha shall carry out any other functions as the State Government may by general or special order require.

[8-A. Powers and duties of Gram Sabha in the Scheduled Areas.- It shall be competent for every Gram Sabha in the Scheduled Areas, "

(i) to safeguard and preserve the traditions and customs of the

tribals, their cultural identity, community resources and the customary mode of dispute resolution; (ii) to approve the plans, programmes and projects to be implemented by the panchayat for social and economic development before such plans, programmes and projects are taken up for implementation by such panchayat. (iii) to issue to the panchayat certificate of utilisation of funds by that panchayat for the plans, programmes and projects referred to in clause (ii); (iv) to identity and select persons as beneficiaries under the poverty alleviation and similar other programmes or schemes; (v) to enforce prohibition or to regulate/restrict through panchayat concerned, the sale and consumption of intoxicants;

1. These words were substituted for the words "every year" by Mah. 36 of 1965, s. 5.

2. These words were substituted for the words "Panchayat Mandal or Collector or any Officer authorised by the Collector" by Mah. 5 of 1962, s. 286, Tenth Sch.

3. Section (8-A) was inserted by Mah. 46 of 1997, s. 2 (w.e.f. 29.12.1997).

(vi) to issue to the panchayat with regard to the exploitation and

regulation of trading of minor forest produce, subject to the

provisions of the Maharashtra Transfer of Ownership of Minor

(vii) to make recommendations through panchayat concerned

with a view to prevent transfer or alienation of land in the

Scheduled Areas and to take appropriate action through the

panchayat

to restore any unlawfully transferred or alienated

land of a Scheduled Tribe;

(viii) to make recommendations through the panchayat concerned

with a view to exercise control over money-lending to the Scheduled Tribes;

(ix) to make recommendations through the panchayat concerned

with a view to exercise control over local plans and resources

for such plans including tribal sub-plans.]

SECTION 09:

INCORPORATION OF PANCHAYATS

Every panchayat shall be a

body corporate by the name of "the Village Panchayat of

",

having perpetual succession and a common seal, with power to

acquire and hold property, both moveable and immoveable, whether

within or without the limits of the village over which it has authority

and may in its corporate name sue and be sued.

SECTION 10:

CONSTITUTION OF PANCHAYATS

.

" (1) 1[* * *]

²

[(a) A panchayat shall consist of,"

(i) such number of members not being less than seven and not

more than ³[seventeen as the 4[State Government may prescribe]],

who shall be elected in accordance with Section 11:

⁵

[Provided that, the ratio between the population of the territorial

area of a panchayat and the number of seats in such panchayat to

be filled by election shall, so far as practicable, be the same throughout

the State.]

⁶

[(ii) * * *]

This portion was deleted by Mah. 52 of 1994, s. 2 (w.e.f. 16.12.1994).

Clause (a) was substituted for the original by Mah. 6 of 1975, s. 50, Sch.

These words were substituted for the words "fifteen as the Collector may determine"

by Mah 21 of 1994, Sec. 5 (l)(a)(i)

4.

This proviso was added by Mah. 21 of 1994, s. 5(l)(a)(ii).

Sub-clause (ii) and the Explanation thereto were deleted, ibid., s. 5(l)(a)(iii).

(b) each village shall be divided into such number of wards, and

the number of members of a panchayat to be elected from each ward

shall be such, as may be determined 1[in the prescribed manner by the

²

[Provided that, the panchayat area shall be divided into wards

in such manner that the ratio between the population of each ward and

[(2)(a) In the seats to be filled in by election in a panchayat there the Scheduled Tribes, Backward Class of citizens and women, as may

(b)

[Provided that, in a panchayat comprising entirely the Scheduled

Provided further that, the reservation for the Scheduled Tribes in a panchayat falling only partially in the Scheduled Areas shall be in

accordance with the provisions of clause (b) :]

⁵

[Provided also that] one-third 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;

(c)

of Backward Class of citizens shall be 27 per cent. of the total number

These words were substituted by Mah. 21 of 1994, for the words "by the Collector in

the prescribed manner", s. 5(l)(b)(i).

This proviso was added by Mah. 21 of 1994, s. 5(l)(b)(ii).

Sub-sections (2) and (2-A) were substituted by Mah. 21 of 1994, s. 5(2).

These proviso were inserted by Mah. 40 of 1997, s. 3(a)(i). (w.e.f. 7.8.1997).

These words were substituted by the words "Provided that" ibid., s.3(b)(ii). (w.e.f.

7.8.1997).

of seats to be filled in by election in a panchayat and such seats shall

be allotted by rotation to different wards in a panchayat :

'[Provided that, in a panchayat comprising entirely the Scheduled Areas, the seats to be reserved for 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. panchayat falling only partially

in the Scheduled Areas shall be as per the provisions of clause (c);]

²

[Provided also that], one third of the total number of seats so

reserved shall be reserved for women belonging to the category of

Backward Class of citizens;

(d) one third (including the number of seats reserved for women

belonging to the Scheduled Castes, the 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 panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards

in a panchayat.

(2-A) 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 India].

³

[(3) The names of the members falling under clause (a) of sub section (1) shall be published by the State Election Commissioner in

the prescribed manner.]

(4) Notwithstanding anything in sub-section (1) where two-thirds

or more of the total number of members required to be elected ⁴[under

1. These proviso were inserted by Mah. 40 of 1997, s. 3(b)(i). (w.e.f. 7.8.1997).

These words were Substituted for the words "Provided that" ibid. s. 3(b)(ii) (w.e.f.

7.8.1997).

Sub-section (3) was substituted by Mah. 36 of 2001, s. 2.

These words were "brackets letter and figure" inserted by Mah. 6 of 1975, Sch.

SECTION 1OA: STATE ELECTION COMMISSION

(1) The superintendence,

direction and control of the preparation of the electoral rolls for, and

the conduct of, all elections to the panchayats shall vest in the State

Election Commissioner.

The State Election Commissioner may, by order, delegate any

of his powers and functions to any officer of the Commission or any

officer of the State Government not below the rank of Tahsildar.

All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of panchayats

under this Act or the Rules shall function under the superintendence,

direction and control of the State Election Commissioner.

Notwithstanding anything contained in this Act and the Rules,

the Commission may issue such special or general orders or directions

which may not be inconsistent with the provisions of the Act for fair

and free elections.]