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The Maharashtra Village Panchayats Act, 1959

(Act No. 3 of 1959)

Last Updated 24th March, 2021 [mh309]

Chapter I

Preliminary

(a-2) "Auditor" means an Auditor as defined in the Bombay Local Fund Audit Act, 1930 [and in relation to a panchayat having an annual income (including grant received from the State Government) of [not exceeding rupees Ten thousand includes as Gram sabha and exceeding rupees Ten thousand but less than rupees Twenty-five thousand] 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;]

[(aa-1) "ballot box" or "ballot paper" includes an electronic voting machine used at an election for giving or recording of votes;]

[(a-4) "Beneficiary Level Sub Committee" means a sub-committee constituted under section 49A for a particular programme, scheme, activity or utility having regard to the geographical, geohydrological, technological, economic, social and demographic situation of the habitation (ward, wasti, wadi, tanda, pada or by whatever name such independent habitation may be called) or part thereof in the panchyayat;]

(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 [Zilla Parishad] under section 177;

[* * * * * *]

(4) "Cattle" includes elephants camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swines, sheep, ewes, rambs, lambs, goats and kids;

[4A) "Commissioner" means the Commissioner of a revenue division appointed under section 6 of the Maharashtra Land Revenue Code, 1966;]

[***]

[(6) "Zilla Parishad" means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961];

[* * * * *]

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

[(8A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of article 243-1 of the Constitution of India;]

[(9) "Gram sabha" means a body consisting of persons 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;

[(11A) ***]

[(11AA) "Local panchayat Tax" means a tax on the entry of goods into the limits of any panchayat other than the area of panchayat included in the limits of the notified area within the meaning of clause (118) for consumption, use or sale therein, levied in accordance with the provisions of section 124;]

[(11AAA) "member" means a member duly elected as a member of panchayat under section 11 and include the Sarpanch of panchayat elected directly under section 30A-1A ;]

[(11B) ***]

[* * * * * ]

[* * * * * ]

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

[14A) "population" means the population as ascertained at the last preceding census of which the relevant figures, [* * *] 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, , [30A-1A] [30A,] 44 or 43;

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

(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;

[(20A) "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 thorough-fare or not;

[* * * * *]

(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;]

[(24A) "Village Development Committee" means a committee constituted under section 49, which shall be deemed to be a committee of the panchayat;]

(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;

[(27) the expressions "Standing Committee", panchayat Samiti",

Chapter II

Gram sabhas, Establishment and Constitution of panchayats

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

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

(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 [Standing Committee, Panchayat Samiti or Chief Executive or any officer authorized by the Standing Committee or Panchayat Samiti] in this behalf, requires to be placed before such meeting.

(iii) to convey its views to the panchayat before taking any decision by the panchayat in respect of any proposal for acquisition of any land falling within the jurisdiction of such panchayat, for the Government purpose, by the Land Acquisition Authority concerned.]

[(a) A panchayat shall consist of,]-

(i) such number of members not being less than seven and not more than [seventeen as the [State Government may prescribe] who shall be elected in accordance with section 11:]

(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 [in the prescribed manner by the State Election Commission or an officer authorised by it.]:

(a) has, whether before or after the commencement of this Act, been convicted-

(i) of an offence under the Untouchability (Offences) Act, 1955, or under the Bombay Prohibition Act, 1949 or any law corresponding thereto in force in any part of the State, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction, or

(ii) of any other offence and been sentenced to imprisonment for not less than six months, unless a period of [six years], or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or

[(a-1) has been disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the Maharashtra State:

(b) has been adjuged by a competent Court to be of unsound mind;

(c) has been adjudicated an insolvent and has not obtained his discharge; or

[(c-1) having held any office under any Government or local authority, has whether before or after the commencement of this Act, been dismissed for misconduct, unless a period of five years has elapsed since his dismissal; or]

(d) has been removed from office under sub-section (1) of section 39 and a period of [six years] has not elapsed from the date of such removal, unless he has, by an order of the State Government notified in the Official Gazette, been relieved from the disqualification arising on account of such removal from office; or

(e) has been disqualified from holding office under sub-section (2) of section 39 and the period for which he was so disqualified has not elapsed; or

(f) holds any salaried office or place of profit in the gift or disposal of the panchayat, while holding such office or place; or

(g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the panchayat or in any contract with, by or on behalf of, or employment with or under, the panchayat; or

(h) fails to pay any tax or fee due to the panchayat [or the Zilla Parishad within three months from the date on which the amount of such tax or fee is demanded, and a bill for the purpose is duly served on him; or]

[(h-1) fails to pay the amount of surcharge or charge under section 140 or the amount ordered to be paid under section 178 together with interest, if any, within the period provided in that behalf, and where an appeal has been made, then within one month from the date of receipt of the decision rejecting such appeal;]

(i) is a servant of the Government or a' servant of any local authority; or

(j) has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; or

[(j-1) has more than two children:

[(j-2) has been elected as a Councillor of the Zilla Parishad or as a member of the Panchayat Samiti; or]

[(j-3) has encroached upon the Government land or public property; or]

[(j-4) has been disqualified by the State Election Commission under section 14B; or]

[(j-5) fails to submit a certificate of the concerned panchayat, alongwith the resolution of the Gram sabha certifying that,-]

(i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or

(ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses the public toilet:

(k) is disqualified under any other provisions of this Act, and the period for which he was so disqualified has not elapsed.

(a) who is elected or appointed as such, was subject to any of the disqualifications mentioned in section 14 at the time of his election or appointment, or

(b) during the term for which he has been elected or appointed, incurs any of the disqualifications mentioned in section 14,

(a) canvassing for votes; or

(b) soliciting the vote of any voter; or

(c) persuading any voter not to vote at the election; or

(d) persuading any voter not to vote for any particular candidate; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

(a) use or operate, within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or any public or private place in the neighbourhood thereof so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

(c) to influence the voting of any person at an election in any manner.

(a) fraudulently defaces or fraudulently destroys any nomination paper; or

(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority or a returning officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or

(d) without due authority supplies any ballot paper to any person; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purpose of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such act.

(a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

(a) where there is no dispute regarding the genuineness, after the expiry of seven days from the date on which it is placed before the meeting of the panchayat;

(b) where the dispute is referred to the Collector and no appeal is made to the Commissioner after the expiry of seven days from the date of rejection of the dispute by the Collector;

(c) where an appeal is made to the Commissioner, immediately after the appeal is rejected by the Commissioner ]

(c) in sub-section (4), for the words "the members belonging to" the words "persons belonging to" shall be substituted.]

(a) the number of offices of Sarpanchas as to be reserved for the Scheduled Castes and the Scheduled Tribes in the panchayats shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State [excluding the population of the Scheduled Tribes in panchayat comprising entirely the Scheduled Areas] bears to the total population of the State:

(b) the offices of Sarpanchas to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of such offices in the panchayats:

(c) [one-half of the total number of offices of Sarpanchas] (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 panchayats shall be reserved for women.

(i) the Sarpanch shall-

(a) [save where otherwise provided in this Act, preside over] and regulate the meetings of the panchayat',

(b) [* * * * *]

(c) exercise supervision and control over the acts done and action taken by all officers and servants of the panchayat [including supervision over the keeping and maintenance of records and registers of the panchayat in the custody of the Secretary];

(d) (e) (f) (g) [* * *]

(h) cause to be prepared all statements and reports required by or under this Act;

(i) exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this Act or rules made thereunder;

[(i-a) in respect of the panchayat to which the Sarpanch is directly elected under section 30A-1A, the Sarpanch shall also exercise the following powers, functions and duties,-

(b) prepare the annual budget of panchayat ;

(c) exercise all other powers to implement the schemes in consultation with panchayat ;]

(j) call meetings of Cram Sabha as provided in section 7 and preside over them;

[(k) finalise the agenda of panchayat meetings :

(m) exercise all other powers to implement the schemes in consultation with panchayat;]

(ii) The Upa-Sarpanch shall, -

(a) in the absence of the Sarpanch preside over and regulate the meetings of the panchayat [except where otherwise provided in this Act];

(b) exercise such of the powers and perform such of the duties of the Sarpanch as the Sarpanch may, from time to time, delegate to him.

(c) pending the election of a Sarpanch or in case the Sarpanch has been continuously absent from the village for more than fifteen days or is incapacitated, exercise the powers and perform the duties of the Sarpanch.

(a) is absent for more than four consecutive months from the village, [(such absence not being on account of his being a Chairman or Deputy Chairman of a panchayat Samiti)], unless leave not exceeding six months so to absent himself has been granted by the panchayat, or

(b) absents himself for six consecutive months from the meetings of the panchayat, without the leave of the said panchayat,

Chapter III

Administrative Powers and Duties

(a) no such notification omitting any entry from Schedule I shall be issued without the previous approval of the State Legislature; and

(b) any other notification shall be laid before each House of the State Legislature as soon as may be after it is issued and shall be subject to such modification as the State Legislature may make, during the session in which it is so laid, and publish in the Official Gazette.

(a) not less than one-third of its members shall be from amongst the members of the panchayat;

[(a1) the Sarpanch shall be the ex officio Chairman ;]

(b) not less than one-half of its members shall be women; and

(c) such number of members, as may be specified by the Government in that behalf, shall be from the Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes (hereinafter referred to as the "vulnerable class"):

(d) the Gram sabha shall ordinarily nominate such women members to the Village Development Committee is recommended by village Mahila Mandal or a Grapi Sabha of the women voters specially called for the purpose, unless it has sufficient reason, to be recorded in the proceedings, to reject any such recommendation;

(e) the Gram sabha, in its discretion, may give preference to the members of the village level institutions, if any, like Mahila Mandats, Youth Clubs, etc.;

(f) the Gram sabha may, also invite any village level Government, semi-Government, Zilla Parishad officials or employees working in the village, such as teachers, talathis, anganwadi sevikas, village water men, village health workers, to attend any meeting or meetings of the Village Development Committee, as a special invitee for the purpose of assisting or advising it on any matter or matters.

(i) by an express resolution passed by the Gram sabha in a special meeting duly called for the purpose, or

(ii) when such member suffers from any of the disqualification specified in section 14 for the members of the panchayats;

(b) Any vacancy caused by the death, resignation, removal or withdrawal, or otherwise disqualification of a member of the Village Development Committee, shall be filled up as provided under sub-section (1) read with sub-section (2) and (4).

(a) the panchayat members who are the beneficiaries of the scheme, activity or utility for which the Beneficiary Level Sub-Committee is constituted shall be the members of such Beneficiary Level Sub-Committee;

(b) not less than one-half of its members shall be women; and

(c) such number of seats on such committee, as may be specified by the Government in that behalf, shall be appointed from the vulnerable class.

(i) by an express resolution passed by the Gram sabha or the beneficiary voters of the activity, scheme or utility, as the case may be, in a special meeting duly called for the purpose, or

(ii) when such member suffers from any of the disqualification specified in section 14 for the members of the panchayat.

(b) Any vacancy caused by the death, resignation, removal or withdrawal, or otherwise disqualification of a member of the Beneficiary Level Sub-Committee, shall be filled up as provided under sub-section (1) read with sub-section (2) and (4).

(a) in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested and in appointing a Chairman of such committee;

(b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenances of any joint work and any power which might be exercised by either or any of such bodies; and

(c) in framing and modifying rules for regulating the proceedings of any such committee and the conduct of correspondence, relating to the purpose for which the committee is appointed.

(a) direct that the erection or re-erection be stopped;

(b) by written notice required such erection or re-erectin to be altered or demolished as it may deem necessary;

(a) any material alteration, or enlargement of or in any building;

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;

(c) such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security;

(d) the addition of any rooms, buildings, outhouses or other structures to any building.

(e) the conversion by any structural alteration, into a place of religious worship or into a sacred building of any place or building not originally meant or constructed for such purpose;

(f) roofing or covering an open space between walls and buildings, as regards the structure which is formed by roofing or covering such space;

(g) conversing into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice-versa;

(h) construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.

(a) builds or sets up any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or structure or thing or any other encroachment or obstruction, or

(b) deposits, or causes to be placed or deposited, any box, bale, package or merchandise or any other thing, or

(c) without written permission given to the owner or occupier of a building by a panchayat, puts up, so as to protect from an upper storey thereof, any verandah, balcony, room or other structure or thing.

[Chapter III-A]

Special Provisions for gram Sabha and panchayat in Scheduled Areas

(a) to safeguard and preserve the traditions and customs of the tribals, their cultural identity, community resources and the costomary mode of dispute resolutions;

(b) 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 implemention by such panchayat-,

(c) to issue to the panchayat certificate of utilisation of funds, spent by that panchayat for the plans, programmes and projects referred to in clause (b);

(d) to decide priority for implementation of various development schemes of the State or as the case may be, of the Central Government and also to identify and select persons as beneficiaries under the various poverty alleviation and similar other programmes or schemes;

(e) to enforce prohibition or regulate or restrict through panchayat concerned, the sale and consumption of intoxicants;

(f) to issue directions to the panchayat with regard to the regulation, exploitation, management and trade of minor forest produce vested in it, subject to the provisions of the Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas, and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997;

(g) to make recommendations through the panchayat concerned to the Collector with a view to prevent alienation of land in the Scheduled Areas and to restore unlawfully alienated land of a Scheduled Tribe. It shall be incumbent on the Collector and the concerned panchayat to initiate necessary appropriate action for prevention or as the case may be, restoration of the land in the Scheduled Area unlawfully alienated;

(h) to be consulted through the panchayat concerned for grant of any licence for money lending under the Bombay Money Lenders Act, 1946 and to take annual review of the money lending business. Any decision taken by the majority of the Gram sabha concerned shall be binding on the concerned authorities and the panchayat at the appropriate level;

(i) to make recommendation to the panchayat concerned with a view to exercise control over local plans and resources for such plans including tribal sub-plans;

(j) to plan the minor water bodies and grant approval to the decision taken in this regard by the panchayat concerned.

(k) to grant approval to the establishment of village market in the area of the village. Any decision taken by the majority of the Gram sabha for the establishment of a village market and for management thereof shall be binding on the panchayat;

(l) to be consulted before acquiring any land in the Scheduled Areas falling within its jurisdiction, for development projects and resetting or rehabilitating any person affected by such projects in the Scheduled Areas;

(m) to be consulted before grant of any licence or any permission for prospective licence for mining lease for minor minerals by concession for the exploitation of minor minerals by auction. Any decision taken by the majority of the Gram sabha concerned shall be binding on the concerned authorities and the panchayat at the appropriate level;

(n) to monitor progress and supervise functioning of institutions and functionaries entrusted with implementation of social sector programmes in the village concerned and make suitable recommendations to the panchayat Samiti and Zilla Parishad with regard to implementation of social sector programmes. Any decision taken by the majority of the Gram sabha in this regard shall be binding on the panchayat at the appropriate level.

(o) to make recommendations through the panchayat concerned to the concerned authorities for felling of trees. Any recommendation made by the majority of the Gram sabha shall be binding on the concerned authorities and the panchayat;

(p) to approve the budget for the panchayat. Any decision in this regard by the majority of the Gram sabha shall be binding on the panchayat;

(q) to be consulted through the panchayat by any competent Authority in respect of land, water resources, forests and all other natural resources situated within the jurisdiction of such panchayat.

(a) obtain from the Gram sabha a certification of utilisation of funds, spent by the panchayat for the plans, programmes and projects approved under clause (b) of section 54A;

(b) be consulted by the land Acquisition Authority, before acquiring any land in the Scheduled areas falling within its jurisdiction, for development projects and re-setting or rehabilitating any person affected by such projects in the Scheduled Areas:

(c) be competent to make recommendations, to the licencing authorities concerned, and the licencing authorities shall not grant any licence or any permission for prospecting licence or mining lease for minor minerals and concessions for the exploitation of minor minerals by auction, in the Scheduled Areas, without consultation with the Gram sabha. Any decision taken by the majority of the Gram sabha concerned shall be binding on the concerned authorities and the panchayat at the appropriate level;

(d) be competent monitor progress and supervise functioning of institutions and functionaries entrusted with implementation of social sector programmes in the village concerned and make suitable recommendations to the panchayat Samiti and Zilla Parishad with regard to implementation of social sector programmes:

(e) be competent to make recommendations pertaining to alienation of land of the persons belonging to the Scheduled Tribes, to the Collector with a view to prevent alienation of land in the Scheduled Areas and to restore unlawfully alienated land of a Scheduled Tribe:

(f) be competent to make any recommendation to the Registrar appointed under the Bombay Money Lenders Act, 1946 for grant of any licence for money lending. Any decision taken by the majority of the Gram sabha concerned shall be binding on the panchayat as well as on the concerned authorities at the appropriate level:

(g) be competent to regulate exploitation, management and trade of minor forest produce vested in it, subject to the provisions of the Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas, and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997;

(h) be competent to manage the minor water bodies.

(i) be competent to establish and manage a village market in the area of the village after obtaining approval therefor from the Gram sabha. Any decision taken by the majority of the Gram sabha in this regard shall be binding on the panchayat;

(j) 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 Chairperson of such panchayat shall be reserved only for the persons belonging to Scheduled Tribes;

(k) be competent to make recommendations to the concerned authorities for felling of trees in the area of the village after obtaining recommendations of the Gram sabha:

(l) be competent to prepare the budget and to get it approved by the Gram sabha :

(m) be consulted by any competent authorities in respect of land, water resources, forests and all other natural resources situated within the jurisdiction of panchayat after making consultation with the Gram sabha in this regard;

(n) be competent to get the plans, programmes and projects to be implemented for social and economic development before such plans, programmes and projects are taken up for implementation by such panchayat, approved by the Gram sabha.

Chapter IV

panchayat: its Property and Fund

(a) the amount which may be allotted to the village fund by the State Government under the provisions of section 191 of the Bombay District Municipal Act, [1901] or [* * *] under section 8 of the Central Provinces and Berar Municipalities Act, [1922];

[(b) the proceeds of any tax of fee imposed under section 124 except the general water rate and the special water rate levied under clauses (viii) and (xii), respectively, of sub-section (1) of that section];

(c) the proceeds or a tax on professions, trades, callings and employments assigned to the panchayat [under clause (b) of section 163 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961];

[(d) the sum representing the share of the panchayat in the net proceeds of the taxes, duties, tolls and fees levied by the State as distributed and allocated and determined by the State Government on the recommendations of the Finance Commissioner;]

(e) all other sums ordered by a court to be placed to the credit of the village fund;

(f) the sale proceeds of all dust, dirt, dung, refuse or carcasses of animals expect so far as any person is entitiled to the whole or a portion thereof;

[(fa) the sale proceeds or royalty of the minor forest produce collected to the Scheduled Areas within the jurisdiction of a panchayat and vested in that panchayat.]

(g) sums contributed to the village fund by the State Government of [Zilla Parishad or Panchayat Samiti];

(h) all sums received by way of loans from the State Government or the [Zilla Parishad] or out of the District Village Development Fund constituted under section 133 [and all sums borrowed under section 57A];

(i) all sums received by way of gift or contributions by the panchayat,

(j) the income or proceeds of any property vesting in the panchayat',

(k) [* * * * *]

(l) the net proceeds (after deducting the expenses of assessment and collection) of the cess authorised by section 127;

(m) all sums realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case;

(n) all sums received as pound fees after deducting the expenses;

[(o) all sums received by way of commission by a panchayat, when acting as an insurance agent for implementing any rural insurance Scheme of the Life Insurance Corporation of India.]

(a) authorisation of payments, issue of cheques and refunds in compliance with the provisions of this Act and the rules made thereunder or the resolutions duly passed by the panchayat;

(b) receive all sums of money on behalf of the panchayat in response to notices, bills, appeals and other processes issued by the panchayat;

(c) issue of receipts in the prescribed manner for all sums of money received on behalf of the panchayat and crediting them in the relevant fund;

(d) hold cash imprest on hand, of not more [than one hundred and fifty] at a time, for contingent purpose of the panchayat;

(e) incur contingent expenditure [upto one hundred rupees] at any one on occasion;

(f) for performing such other duties and exercising such other power in regard to the funds as may be prescribed.

(b) The formal inquiry referred to in this section shall be conducted in accordance with the provisions relating to such enquiry under the Acts referred to in sub-section (2).

(c) A person shall be deemed to have due notice of any inquiry or order under this section if notice thereof has been given in the prescribed manner.

Chapter V

Establishment, Budget and Accounts

Chapter VI, VII, and VIII

[Deleted By Maharashtra 13 of 1975, Section 17]

Chapter IX

Taxation and Recovery of Claims

(i) a tax on building (whether subject to payment of agricultural assessment or not) and lands (which are not subject to payment of agricultural assessment), within the limits of the village;

[(i-a) a betterment charges or the lands benefitted from schemes or projects undertaken by a panchayat from the village fund;]

[(i-aa) the Local panchayat Tax;]

(ii) [* * * * *]

(iii) a pilgrims tax;

(iv) a tax on fairs, festivals and other entertainments;

(v) a tax on bicycles and on vehicles drawn by animals;

(vi) subject to the provisions of article 276 of the Constitution, tax on the following professions, trades, calling or employments, that is to say:-

(a) shop keeping and hotel-keeping;

(b) any trade or calling (other than agriculture) which is carried on with the help of machinery run by steam, oil or electric power or by manual labour;

(c) the profession or calling of broken in cattle markets;

(vii) a general sanitary cess for the construction or maintenance or both the construction and maintenance of public latrines and for the removal and disposal of refuse;

(viii) a general water rate which may be imposed in the form of a rate assessed on building and lands or in any other form as may be best adopted to the circumstances of any class of cases;

[(viii-a) a lighting tax;]

(ix) any other tax [(not being a tax or toll on motor vehicles save as provided in section 2 of the Bombay Motor Vehicles Tax Act, 1958)] which the State Legislature has under the Constitution, power to impose in the State and which has been sanctioned by the State Government;

(x) a fee on markets and weekly bazaars;

(xi) a fee on cart-stand and tonga stands;

(xii) a special water for water supplied by the panchayat through pipes, which may be imposed in any form including that of charges for such water supplied, fixed in such mode or modes as shall be best adopted in the circumstances of any class of cases;

(xiii) a fee for the supply of water from wells and tanks vesting in it, for purposes other than domestic use and for cattle;

(xiv) a fee for temporary erection on, or putting up projections over, or temporary occupation of, any public street or place;

(xv) a special sanitary cess upon private latrines, premises or compounds cleaned by the panchayat agency;

(xvi) a fee for cleaning a cess pool constructed on land whether belonging to a panchayat or not;

(xvii) a fee for grazing cattle or grazing lands vesting in a panchayat;

[(xviii) a fee on the registration of animals sold in any market or place belonging to or under the control of a panchayat.]

(a) by giving or tendering the bill or writ to the person to whom it is addressed; or

(b) if such person is not found, by leaving the bill or writ at his last known place of abode, if within the limits of the village, or by giving or tendering the bill or writ to some adult male member or servant of his family; or

(c) if such person does not reside within the limits of the village, and his address elsewhere is known to the Sarpanch or other person directing the issue of the bill or writ, then by forwarding the bill or writ to such person by registered post, under cover bearing the said address; or

(d) if none of the means aforesaid be available then by causing the bill or writ to be affixed on some conspicuous part of the building or land, if any, to which the bill or writ relates in the presence of at least two panchas.

(a) every writ demand issued under sub-section (2),

(b) every distress made under sub-section (4),

(c) the costs of maintaining any livestock under sub-section (4), shall be chargeable at such rates as may be prescribed.

(a) [ * * * * *]

(b) any arrears of a tax fee or any other sum due to a panchayat and recoverable through a Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari under subsection (7) of section 129;

[(bb) any sum forming part of the village fund which has been stolen or misappropriated and any person prosecuted in that behalf has been duly acquitted;]

(c) any other sum due to a panchayat whether under this Act or otherwise to be written off, if in the opinion of the Collector such sum or arrears are irrecoverable:

Chapter X

Financial Assistance to panchayats

Chapter XI

Control

(a) encourage the establishment and foster the development of panchayats in the [area for which they are established];

(b) supervise and control the administration of panchayat in the [area for which they are established];

(c) perform such other functions as are imposed by this Act, and as the State Government may from time to time prescribe.

(a) to call for any proceedings of a panchayat or an extract therefrom, any book or document in the possession or under the control of a panchayat, and any return, statement, account or report which the [Zilla Parishad or Panchayat Samiti] thinks fit to require such panchayat to furnish; and

(b) to require a panchayat to take into consideration,-

(i) any objection which appears to the [Zilla Parishad or Panchayat Samiti] to exist to the doing of anything which is about to be done, or is being done by such panchayat; or

(ii) any information which the [Zilla Parishad or Panchayat Samiti] is able to furnish and which appears to the [Zilla Parishad or Panchayat Samiti] to necessitate the doing of a certain thing by the panchayat, and to make a written reply to the [Zilla Parishad or Panchayat Samiti] within a reasonable time stating its reasons for not desisting from doing or for not doing such things.

(a) accept the intimation or explanation given by the Panchayat and recommend the [Chief Executive Officer] to [drop] the objection.

(b) [suggest] that the matter be reinvestigated at the next audit or at any earlier date, or

(c) hold that the defects or irregularities pointed out in the audit note or any of them, have not been removed or remedied.

(i) Dissolve such Panchayat, [* *]

[* * * * ]

(a) all members of the Panchayat shall, in the case of dissolution, as from the date specified in the order of dissolution, [* *] vacate their office as such members;

(b) all powers and duties of the Panchayat shall, during the period of dissolution [* * *] be exercised and performed by such person or persons as the State Government may, from time to time, appoint in that behalf; and

(c) all property vested in the Panchayat shall, during the period of dissolution [* *] vest in State Government].

(i) To be reconstituted for the village for which the Panchayat has been dissolved; or

(ii) to be established for a village which has been newly [specified by notification issued under clause (g) of article 243 of the Constitution of India].

(a) the Panchayat shall be dissolved and all members of the Panchayat shall vacate office as from the date [on which such area has ceased to be a village];

(b) the unexpended balance of the village fund and the property vesting in the Panchayat shall vest in the Collector, to be utilised for the benefit of the inhabitants of the area as the Collector may think fit.

Chapter XII

Provisions for Conversion of a Municipality into a Panchayat and for Amalgamation and Divisions of Panchayats

(a) "municipality" includes a person or persons appointed to exercise the powers and perform the functions of a municipality under section 179 of the Bombay District Municipal Act, 1901, [* * *] or under section 57 of the Central Provinces and Berar Municipalities Act, 1922, or of a Town Municipality under section 254 of the Hyderabad District Municipalities Act, 1956 (the aforesaid Acts being hereafter in this Chapter referred as "the municipal laws");

(b) "Panchayat" includes a person or persons appointed to exercise the powers and to perform the functions of a Panchayat under section 145.

(a) the municipality of such local shall cease to exist;

(b) there shall notwithstanding anything contained in any law for the time being in force, be constituted for the village an interim Panchayat consisting of persons vacating office as councillors of the municipality or members of the Committee or members of a Town Committee of such municipality and the President and Vice-President of the Municipality or as the case may be of a Committee or Town Committee shall, respectively, be deemed to be the Sarpanch and Upa-Sarpanch of the interim Panchayat;

(c) the unexpended balance of the municipal fund and property including arrears of rates, taxes and fees, belonging to the municipality, and all rights and powers, which prior to such notification, vested in the municipality shall, subject to all charges and liabilities affecting the same, vest in the interim Panchayat as the village fund until the new Panchayat is constituted in pursuance of the provision of sub-section (1) of section 158;

(d) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under any municipal law immediately before the said date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the village until it is superseded or modified by any other appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;

(e) all budget estimates, assessments, assessment lists, valuation or measurements made or authenticated under any of the municipal laws immediately before the said date in respect of such local area shall be deemed to have been made or authenticated under this Act;

(f) all debts and obligations incurred and all contracts made by or on behalf of the municipality immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the interim Panchayat in exercise of the powers conferred on it by or under this Act;

(g) all officers and servants in the employ of the municipality immediately before the said date shall be officers and servants of the interim Panchayat under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:

(h) all proceedings pending at the said date before the municipality shall be deemed to be transferred to and continued by, the interim Panchayat;

(i) all appeals pending at the said date before the municipality shall, so far as may be practicable, be disposed of as if such local area had been included in the village when they were filed;

(j) all prosecutions instituted by or on behalf of the municipality and all suits or other legal proceedings instituted by or against such municipality or any officer of such municipality pending at the said date shall be constituted by or against the interim Panchayat as if such local area had been included in the village when such prosecutions, suits or proceedings were instituted.

(a) the Panchayats of such local areas [shall be deemed to have been dissolved and shall cease] to exist and all the members of such Panchayats shall vacate office;

(b) all powers and duties of such Panchayats shall be exercised and performed by such person or persons (hereinafter referred to as the administrator or administrators) as the State Government appoints in this behalf;

(c) the unexpended balance of the village funds and all the properties including arrears of rates, taxes and fees belonging to such Panchayats and all rights and powers which prior to the said date, vested in such Panchayat shall, subject to all charges and liabilities affecting the same, vest as the village fund,-

(i) in the administrator or administrators, until the Panchayat for the amalgamated village is constituted and holds first meeting under sub-section (1) of section 28, and

(ii) thereafter, in the amalgamated Panchayats-,

(d) the unexpended balance of the village funds and all the properties (including arrears of rates, taxes and fees) shall, until the amalgamated Panchayat is constituted and holds its first meeting, be utilised for the benefit of the inhabitants of such local areas in such manner as the administrator or administrators may think fit;

(e) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued imposed or granted in respect of such local areas and in force in the said date shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the amalgamated village, until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under this Act;

(f) all budget estimates, assessments, assessment lists, valuation or measurements made or authenticated by such Panchayats immediately before the said date shall be deemed to have been made or authenticated in respect of the amalgamated village under this Act;

(g) all debts and obligations incurred and all contracts made by or on behalf of such Panchayats immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the amalgamated Panchayat in exercise of the powers conferred on it by this Act;

(h) all officers and servants in the employ of such Panchayats immediately before the said date shall be officers and servants of the amalgamated Panchayats and shall until other provision is made in accordance with this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:

(i) all proceedings pending at the said date before such Panchayats shall be deemed to be transferred to, and continued by, the administrator or administrators or the amalgamated Panchayats, as the case may be;

(j) all appeals pending before such Panchayats at the said date shall, so far as may be practicable, be disposed of by the administrator or administrators or the amalgamated Panchayats, as the case may be;

(k) all prosecutions instituted by or on behalf of such Panchayats and all suits or other legal proceedings instituted by or against such Panchayats or any officer of such Panchayats pending at the said date shall be constituted by or against the amalgamated Panchayat.

(a) the Panchayats constituted in respect of such local area [shall be deemed to have been dissolved and shall cease], to exist and all the members of the Panchayat shall vacate office:

(b) until Panchayats are constituted for the new villages, the State Government shall appoint an administrator or administrators to exercise the powers and perform the functions of the Panchayats for each of the new villages;

(c) the unexpended balance of the village fund and all the property (including arrears of rates, taxes and fees) belonging to such Panchayats shall vest in the new Panchayats in such proportion and in such manner as the State Government may direct;

(d) the officers and servants of such Panchayat shall be allocated by the State Government to the Panchayats in such manner as the State Government may direct;

(e) subject to clauses (a) to (d) the provisions of section 159 shall mutatis mutandis apply to the administrator or administrators of the new Panchayats and their members;

(f) [* * * * * * ]

Chapter XIII

Cattle Pounds

(a) nothing in this section shall affect the liability of any person to any penalty under any law so ceasing to be in force;

(b) any appointment, notification, order, rule made or issued under any such law in respect of any cattle pounds, within the limits of any Panchayat area shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act and continue in force until superseded by any notification, order or rule made under this Act;

(c) any cattle pound in the local area established under any law so ceasing to be in force shall be deemed to be vested in the Panchayat within whose limits it is situate and shall be maintained and managed by the Panchayats in accordance with provisions of this Act.

(i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both;

(ii) for a second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

(a) that the accused shall pay such compensation, not exceeding two hundred and fifty rupees as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to the produce of land, by the cattle under the control of the accused, trespassing on his land; and also,

(b) that the cattle in respect of which an offence has been committed shall be forfeited to the State Government.

Chapter XIV

[Deleted by Maharashtra 13 of 1975, Section 31]

Chapter XV

Rules and Bye-Laws

(i) [* * * * *]

(ii) under sub-section (1) of section 7, prescribing the date, [place, time and manner of convening] meetings of the Gram sabha;

[(ii-a) under clause (b) of sub-section (1) of section 10, prescribing the manner in which the number of wards and the number of members to be elected from each ward may be determined;]

(iii) under sub-section (2) of section 10, [the manner in which the [State Election Commission] shall determine the number of seats to be reserved] for the Scheduled Castes and Scheduled Tribes [and Backward Class of citizens and women] [and prescribing the manner and rotation of] [such reservation of seats] in each Panchayat and under sub-section (3) of the said section, prescribing the manner of [publication of the names of members falling under clause (a) of subsection (1)]:

(iv) under section 11, prescribing the manner in which the election of members shall be held;

[(iv-aa) under sub-section (1) of section 29, prescribing the manner in which the resignation shall be delivered;]

[(iv-aaa) under section 30, prescribing the number of office of Sarpanchas of Panchayats to be reserved for Scheduled Castes. Scheduled Tribes, Backward Class of citizens and women in a Panchayat and the manner and rotation of such reservation;]

[(iv-a) under section 32-A, prescribing the travelling and daily allowances to be paid to the members of the Panchayat including its Sarpanch and Upa-Sarpanch-,]

(v) under sub-section (2) o,f section 33, prescribing the powers of, and the procedure to be followed by the [* * *] officer presiding;

[(v-aa) under section 33A, prescribing the manner in which the sumptuary allowance shall be placed at the disposal of the Sarpanch;]

[(v-a) under sub-section (3) of section 34, prescribing the manner in which the notice of resignation shall be delivered;]

(vi) prescribing the form of notice under sub-section (1) of section 35;

(vii) under section 36, prescribing the time and place of sitting and the procedure at a meeting of the Panchayat-,

(vii-a)[* * * * * *]

(viii) under sub-section (1) of section 38, prescribing the rules for the performance and exercising of powers and duties of Sarpanch by Upa-Sarpanch in the absence of Sarpanch-,

(ix) under sub-section (1) of section 43, regulating the manner in which the notice of a vacancy in the office of a Sarpanch, Upa-Sarpanch or member of a Panchayat shall be given:

(x) [under entry 44 of Schedule 1] prescribing the principles for the extension of village sites and regulation of buildings;

[(x-a) under sub-section (2B) of section 45, prescribing the limits subject to which grant-in-aid may be given by a Panchayat to institutions specified in that sub-section:]

[(x-b) under sections 49 and 49A, for any matter for which rules are required to be made or generally for carrying out the purposes of the said sections;]

(xi) [under entry 50 of Schedule 1], prescribing the person in the village from whom and the manner in which the cost of watch and ward shall be levied and recovered;

(xii) under the proviso to sub-section (2) of section 51 prescribing the manner of publishing the notice for the stoppage or discontinuance of public road or street:

[(xii-a) under sub-section (1) of section 56, for the purpose of vesting property of the Zilla-Parishad or Panchayat Samiti in a Panchayat; and under subsection (3) of the said section, for the purpose of visiting work in a Panchayat:]

(xiii) under section 58, prescribing the custody in which all funds received by and all sums accruing to Panchayat shall be kept;

(xiv) under clause (c) of sub-section (3) of section 59, prescribing the manner in which the notice of any inquiry shall be given to any person;

[* * * * * * *]

[(xv-a) under section 61, prescribing the rules regulating the terms and conditions of service of servants referred to therein;]

(xvi) under section 62, prescribing the date and form of the statement, the percentage of the total income from all sources to be contributed to the District Village Development Fund and the form in which account shall be kept;

[* * * * * * ]
[* * * * * *]

(xxvi) under section 124, laying down the maximum and the minimum rates and manner in which and the exemptions subject to which taxes and fees specified in the section shall be leviable:

[(xxvii) ***.]

(xxviii) under sub-section (1) of section 128, prescribing the maximum rate of tax;

(xxix) under sub-section (2) of section 129, prescribing the form of the writ to be presented to the defaulter:

(xxx) under sub-section (4) of section 129, prescribing the manner of distriant and sale of moveable property of the defaulter;

(xxxi) under sub-section (5) of section 129, prescribing the rates of fees for writ of demand, distress and cost of maintaining any livestock seized;

[(xxxii) under sub-section (6) of section 129, prescribing the manner or recovery of any tax or fees payable on demand;]

[* * * * * *]

(xxxiv) prescribing the manner in which refunds may be allowed and paid, in respect of any amount of tax, fee or other sum, not due or paid in excess;

[(xxxiv-a)] under sub-section (3) of section 132B, prescribing for all matters connected with the [Village Water Supply Fund;]

[* * * * * *]

(xxxvi) under sub-section 133, prescribing the officer or authority in whom the District Village Development Fund shall vest, the manner of the investment of the find, the rate of interest to be paid on the contributions made to the fund by Panchayat, the purpose for which and the terms and conditions on which loans may be granted and all matters incidental to the grant and repayment of such loans;

[* * * * *]
[* * * * *]

(xxxix) under section 135, prescribing the other functions which may be performed by a [Zilla Parishad and Panchayat Samiti];

(xl) under section 136, prescribing the functions of the District Village Panchayat Officer;

(xli) under section 140, prescribing [the authority by which and] the manner in which the audit of accounts of Panchayat shall be carried out;

(xlii) under section 162, prescribing the duties of the pound-keeper;

(xliii) under section 166, prescribing the manner in which auction shall be held;

[(xliii-a) under section 168-A, prescribing the form of, and the procedure relating to the declaration, and the scales of deposits to be made;]

(xliv) under sub-section (2), of section 179, prescribing the form of the warrant;

[* * * * * *]

(xlvi) authorizing the payment of contributions, at such rates and subject to such conditions as may be prescribed in such rules, to any provident fund which may be established by a Panchayat or with the approval of the Panchayat by the officers and servants of the Panchayat;

(xlvii) for any other matter for which rules are required to be made under this Act, or generally for carrying out the purposes thereof.

(a) under section 45-

(i) for the purification and protection from pollution or all sources of water used for drinking purposes;

(ii) for the prohibition or the removal or use for drinking purposes of any water from any stream, tank, well or other source, where such removal or use cause, or is likely to cause, disease or injury to health, and the prevention of such removal or use by the filling in or covering over of such tank, or well, or by any other method which may be considered advisable;

(iii) for the prohibition of the deposit or storage of manure, refuse or other offensive matter in a manner or in places prejudicial to the public health, comfort or convenience;

(iv) for the regulation of offensive callings, or trades;

(v) for the disposal of corpses by burning or burial;

(vi) for the excavation of earth and the filling up of excavations and depressions injurious to the health or offensive to the neighbourhood;

(vii) for the removal of noxious vegetation;

(viii) for the repair and removal of dangerous or ruinous buildings;

(ix) for the prevention of the erection of building without adequate provisions for ventilation, or the laying out and location of streets;

(x) for the control of fairs and bazars, and the regulations of markets, slaughter-houses and cart stands;

(xi) for the inspection and destruction of unfit food and drink exposed for sale; and

(xii) for the general regulation of sanitation and conservancy and the disposal of carcasses of dead animals;

(b) under section 53 of the temporary erection on, or projections over, or temporary occupation of, any public street or place.

(a) with a fine which may extend to fifty rupees;

(b) in the case of continuing contravention with a fine, which may extend to five rupees per day after conviction for the first contravention during the period within which such contravention continues.

Chapter XVI

Miscellaneous

(a) for recovering any such money to direct that such money be recovered as an arrears of land revenue and on such direction being given, such money shall be recoverable as an arrear of land revenue from such person:

(b) for recovering any such record to issue a search warrants and to exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the [Code of Criminal Procedure, 1989.]

(a) any case where a Magistrate has directed that previous local investigation be made by a Panchayat under section 202 of the Code of Criminal Procedure, [1898], and the words 'such other person' in sub-section (1) of the said section shall be deemed to include a Panchayat;

(b) any case in which a Magistrate making an enquiry under section 488 of the Code of Criminal Procedure, [1898], may require from the Panchayat in whose village either the wife or child for whose maintenance the application is made or the husband or parent respectively of such wife or child resides, report as to the amount of maintenance which, having regard to the circumstances of the parties should be payable and such report shall be evidence in such enquiry:

(1) Any local area declared to be a village immediately before the coming into force of this Act shall be deemed to be a village under this Act;

(2) The Panchayats constituted under the said Acts immediately before the said date (hereinafter called "the old Panchayats") shall be deemed to be Panchayats of the respective villages (hereinafter called "the new Panchayats")

(3) The Sarpanch, the Deputy Sarpanch or Upa-Sarpanch and the members of Panchayats elected or appointed for the Panchayats and holding office immediately before the said date shall respectively be deemed to be the Sarpanch, the Upa-Sarpanch and the members of the new Panchayats;

(4) the said Sarpanch, the Upa-Sarpanch and the members shall hold office as such Sarpanch, the Upa-Sarpanch and the members for the period for which they would have held office under the said Act, subject however to the provision relating to disqualifications, resignation, removal and vacancy provided in this Act;

(5) [* * * * * *]

(6) the unexpended balance of the village fund and all the properties (including arrears of rates, taxes and fees) vesting in the old Panchayats shall from the said date vest in the new Panchayats and such arrears of rates, taxes and fees shall be recoverable under the provisions of this Act as if they had been imposed and recoverable under the provisions of this Act;

(6A)[* * * ]

(7) all debts and obligations incurred and all contracts made by or in behalf of the old Panchayats immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the new Panchayats in exercise of the powers conferred to them by this Act;

(8) Any appointment, notification, notice, tax, fees, order, scheme, licence, permission, rule, bye-laws or form made, issued, imposed or granted in respect of the said villages and in force on the date of the commencement of this Act shall in so far as they are not inconsistent be deemed to have been made, issued, imposed or granted under this Act in respect of the village and shall continue in force until it is superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;

(9) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated immediately before the commencement of this Act by the old Panchayats shall be deemed to have been made or authenticated by the new Panchayats under this Act;

(10) The Secretaries, Karbharis, all officers and servants in the employ of the old Panchayats immediately before the said date shall be the Secretaries, Karbharis, Officers and servants of the new Panchayats:

(11) All proceedings pending before the old Panchayats [* * *] shall be deemed to have been instituted and to be pending before the new Panchayats, [* * *]and Shall be heard and disposed of by the said Panchayats [* * *] under this Act;

(12) all appeals pending before the old Panchayats at the said date shall be disposed of by the new Panchayats;

(13) All prosecutions instituted by or on behalf of the old Panchayats and all suits or other legal proceedings instituted by or against the old Panchayats or any officer of Panchayats pending at the said date shall be continued by or against the new Panchayats:

(14) The Saurashtra Gram Panchayats Madhyastha Mandal constituted under section 45 of the Saurashtra Gram Panchayats Ordinance, 1949, or any District Panchayat Mandal or Taluka Panchayats Mandal appointed by it shall be dissolved and cease to function and any unexpended balances of money in their custody shall vest in the State Government. The provisions of sub-section (4) of section 60 shall, so far as may be applicable, apply in relation to the officers, and servants of the Saurashtra Gram Panchayat Madyastha Mandal, or the District Village Panchayats Mandal or Taluka Village Panchayat Mandal.

(15) Any reference to any enactment or in any instrument to any of the laws repealed or to any provision thereof or any authority elected of appointed thereunder shall be construed as reference to the Bombay Village Panchayats Act, 1958, or to the corresponding provision thereof or to the corresponding authority elected or appointed thereunder.

[Schedule I]

(Village List)

(See section 45)

Subjects of Activities including development Activities

Agriculture

Animal Husbandry

Forests

Social Welfare

Education

Medical and Public Health

Building and Communications

Irrigation

Industries and Cottage Industries

Co-operation

Self-Defence and Village Defence

General Administration

Schedule II

(See Section 188)

Notifications

(1) the 15th day of August 1975, to be the date on which the provisions of sections 3 to 17, 19 to 21 and 24 to 38, and

(2) the 1st day of October 1975 to be the date on which the provisions of sections 2, 22 and 23, of the said Act shall come into force.

Schedule

(a) excludes the local areas consisting of survey numbers specified in column 2 of the Schedule hereto appended, against each of the revenue villages mentioned in column 1 thereof; and

(b) declares that the local area comprising the revenue villages of Khedi Budruk Mehrun and Pimparale shall cease to be villages.

Schedule

Schedule

Amended by G. N., R. D. D., No. VPA. U72/14736-E, dated 2nd May, 1972 (M. G., Part I-A, C.S., page 54)

"79. Securing postal facilities of experimental post offices in the village by providing for payment of non-refundable contribution to the Posts and Telegraphs Department, wherever necessary."

"73A. Provision of employment to needy local persons seeking manual work under any scheme for employment guarantee undertaken or adopted by, or transferred to, the Panchayat."

"18A. Maintenance and Repairs or Primary School Buildings which may be vesting in the Zilla Parishad or Panchayat Samiti."

"Drinking Water supply"

(a) Powers in respect of Suits mentioned in sub-sections (1) and (2) of section 73 of the said Act; and

(b) Powers in respect of offences mentioned in section 75 except those under sections 323, 352, 358, 379, 426, 447, 461, 504, 506 and 510 of the Indian Penal Code, 1860.

Amended by G. N., L.S.G. & P H.D., No. VPS 3959-P, dated 20th July, 1959 (B.C., Pt., I-A-C.S, page 153)