1959 : III] 1 THE MAHARASHTRA VILLAGE PANCHAYATS ACT [Text as on 13th January 2026] ————— CONTENTS PREAMBLE. SECTIONS.
CHAPTER I PRELIMINARY
1. Short title.
2. Extent and commencement.
3. Definitions.
CHAPTER II GRAM SABHAS, ESTABLISHMENT AND CONSTITUTION OF PANCHAYATS
4. Declaration of village.
5. Establishment of panchayats.
6. [Deleted].
7. Meeting of Gram Sabha.
8. Panchayat to place before Gram Sabha statement of accounts, etc., and duties of Gram Sabha.
8A. [Deleted].
8AA. Powers and duties of Gram Sabha.
9. Incorporation of panchayats.
10. Constitution of panchayats. 10-1A. Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate.
10A. State Election Commission.
11. Election.
12. List of voters.
13. Persons qualified to vote and be elected.
13A. Vacation of Seats.
14. Disqualifications.
14A. Disqualification arising out of certain convictions and corrupt practices under this Act.
14B. Disqualification by State Election Commission.
15. Determination of validity of election; enquiry by Judge; procedure.
15A. Bar to interference by Courts in electoral matters.
16. Disability from continuing as member.
17. [Deleted].
18. Prohibition of canvassing in or near polling stations. 2 The Maharashtra Village Panchayats Act [1959 : III
19. Penalty for disorderly conduct in or near polling station.
20. Penalty for misconduct at polling station.
21. Maintenance of secrecy of voting.
22. Officers, etc. at elections not to act for candidates or influence voting.
23. Breaches of official duty in connection with elections.
24. Removal of ballot papers from polling stations to be an offence.
25. Other offences and penalties therefor.
26. Prosecution in certain offences.
27. Term of office of members.
28. Commencement of term of office.
29. Registration of member and disputes regarding resignation.
30. Election of Sarpanch. 30A-1A. Direct Election of Sarpanch. 30A-1B. [Deleted]. 30-1A. Person contesting election for reserved office of Sarpanch to submit Caste Certificate and Validity Certificate.
30A. Election of Upa-Sarpanch.
31. Terms of office of Sarpanch and Upa-Sarpanch.
32. [Deleted].
32A. Travelling and daily allowances to members.
33. Procedure for election of Sarpanch and Upa-Sarpanch.
33A. Sumptuary allowance to Sarpanch.
34. Resignation by Sarpanch or Upa-Sarpanch.
35. Motion of no confidence.
36. Time and place of sitting of panchayat and procedure at meetings.
37. Modification or cancellation of resolutions.
38. Executive power of panchayat Functions of Sarpanch and Upa-Sarpanch.
39. Removal from office.
39A. Power of Government to direct inquiry.
40. Leave of absence.
41. [Deleted].
42. Eligibility of certain members for re-election.
43. Filling up of vacancies.
44. Vacancy not to affect proceedings of panchayat.
CHAPTER III ADMINISTRATIVE POWERS AND DUTIES
45. Administrative powers and duties of panchayats.
45A. [Deleted]. 1959 : III] The Maharashtra Village Panchayats Act 3
46. Powers of Parishads and Samitis to transfer management of institution or execution or maintenance of work.
47. Powers of State Government to transfer execution of other works.
48. Other duties.
49. Village Development Committees.
49A. Beneficiary Level Sub-Committees.
50. Joint Committees of two or more local bodies.
51. Government may vest certain lands in panchayats.
52. Control on erection of buildings.
53. Obstructions and encroachments upon public streets and open sites.
54. Numbering of premises.
CHAPTER III-A SPECIAL PROVISIONS FOR GRAM SABHA AND PANCHAYATS IN SCHEDULED AREAS 54-1A. Special provisions relating to village and Gram Sabha.
54A. Powers and duties of Gram Sabha in Scheduled Areas.
54B. Powers and duties of Panchayats in Scheduled Areas.
54C. Meeting of Gram Sabha.
54D. Motion of no confidence.
CHAPTER IV PANCHAYAT : ITS PROPERTY AND FUND
55. Competency of panchayat to lease, sell or transfer property.
56. Property of Panchayat.
57. Village fund.
57A. Power of Panchayats to borrow.
58. Application of village fund.
59. Decision of claims to property by or against Panchayat.
CHAPTER V ESTABLISHMENT, BUDGET AND ACCOUNTS
60. Secretary of Panchayat.
60A. Certain duties of Secretary.
61. Appointment of servants.
61A. Provisions for development of Panchayats as growth centres.
62. Budget and accounts.
62A. Revised or supplementary budget. CHAPTERS VI, VII AND VIII ESTABLISHMENT, BUDGET AND ACCOUNTS 63 to 123. [Deleted]. 4 The Maharashtra Village Panchayats Act [1959 : III
CHAPTER IX TAXATION AND RECOVERY OF CLAIMS
124. Levy of taxes and fees by Panchayats.
124A. [Deleted].
125. [Deleted].
126. Farming of fees on markets, etc.
127. Levy and collection of cess on every rupee of land revenue.
127A. Suspension or remission of cesses.
128. Power of Panchayat Samiti to increase taxation of Panchayat.
129. Recovery of taxes and other dues.
130. Collector’s power to direct irrecoverable sums to be written off.
CHAPTER X FINANCIAL ASSISTANCE TO PANCHAYATS
131. Grant of sum equal to average of amounts of land revenue realised during each quinquennium commencing on 1st April, 1964.
132. Loans by Zilla Parishads.
132A. Equalisation grant.
132B. Village Water Supply Fund.
133. District Village Development Fund.
CHAPTER XI CONTROL
134. [Deleted].
134A. [Deleted].
135. Duties of Zilla Parishads and Panchayat Samitis.
136. Appointment of District Village Panchayat Officers.
137. Power to call for proceedings, etc.
138. Delegation of duties, etc.
139. Power of entry.
139A. Power of authorised officer or person to inspect and give technical guidance, etc.
139B. Power of Chief Executive Officer or any officer to inspect office of Panchayat.
140. Audit of accounts of Panchayat.
141. Reduction of establishment.
142. Suspension of execution of order.
143. Execution of work in case of emergency.
144. Default in performance of duty.
144A. Power to take action, where default is made by Panchayat in taking over or maintaining rural drinking water supply schemes.
145. Dissolution of Panchayat.
146. Dissolution and reconstitution of Panchayat on alteration of limits of village. 1959 : III] The Maharashtra Village Panchayats Act 5
147. Vesting of property, etc., of Panchayat which has been dissolved and reconstituted or established.
148. Effect of area being excluded from village.
149. Effect of area ceasing to be a village.
150. [Deleted].
151. Powers and duties of Panchayat not validly constituted to be performed by person appointed by Government.
152. Panchayat to conform to instructions given by Parishad and Samiti.
153. Inquiry by officers of State Government.
153A. Powers of State Government to give instructions and issue of directions to the Panchayats.
153B. Power of State Government to give instructions and issue of directions to Gram Sabha or Panchayat in Scheduled Areas.
154. Authority of State Government, Commissioners and Collectors.
155. State Government may call for proceedings.
CHAPTER XII PROVISIONS FOR CONVERSION OF A MUNICIPALITY INTO A PANCHAYAT AND FOR AMALGAMATION AND DIVISIONS OF PANCHAYATS
156. Interpretation.
157. Effect of conversion of Municipality into Panchayat.
158. Term of office of members of interim Panchayat and their powers.
159. Effect of amalgamation of villages.
160. Effect of division of villages.
CHAPTER XIII CATTLE POUNDS
161. Cattle-trespass Act to cease to apply.
162. Power to establish cattle pounds and appoint pound keepers.
163. Penalty for allowing cattle to stray in street or to trespass upon private or public property.
164. Impounding cattle.
165. Delivery of cattle claimed.
166. Sale of cattle not claimed.
167. Pound-fees and expenses chargeable to be fixed.
168. Complaints of illegal seizure or detention.
168A. Security in respect of impounded cattle.
168B. Removal of cattle to specified places.
CHAPTER XIV 169 to 175. [Deleted]. 6 The Maharashtra Village Panchayats Act [1959 : III
CHAPTER XV RULES AND BYE-LAWS
176. Rules.
177. By-laws.
CHAPTER XVI MISCELLANEOUS
178. Liability of members for loss, waste or misapplication.
179. Power of Collector to recover record and money.
180. Bar of action against Panchayats, etc., and previous notice before institution.
181. Bar of action against Zilla Parishad, Standing Committee or Panchayat Samiti, etc., and previous notice before institution.
182. Delegation of powers.
183. Local enquiry and reports by Panchayat.
184. Members, etc., of panchayat to be public servants.
184A. Panchayat Samiti to exercise duties in respect of Panchayats within its area.
184B. Powers of Police Officers.
184C. Suspension of operation of Act, Rules and Bye-laws.
185. Repeal.
186. Savings.
187. Provision for removal of difficulties.
188. Amendment of certain Acts.
SCHEDULE I
SCHEDULE II 1959 : III] The Maharashtra Village Panchayats Act 7 LIST OF AMENDMENT ACTS
1. Amended by Bom. 53 of 1959
2. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. Amended by Mah. 48 of 1961
4. Amended by Mah. 5 of 1962
5. Amended by Mah. 43 of 1962
6. Amended by Mah. 26 of 1963
7. Amended by Mah. 35 of 1963
8. Amended by Mah. 36 of 1965
9. Amended by Mah. 50 of 1965
10. Amended by Mah. 10 of 1968
11. Amended by Mah. 34 of 1970
12. Amended by Mah. 35 of 1972 (1-11-1973)
13. Amended by Mah. 38 of 1973 (1-11-1973)
14. Amended by Mah. 6 of 1975 (1-5-1975)1
15. Amended by Mah. 13 of 19752
16. Amended by Mah. 16 of 1975 (1-4-1976)
17. Amended by Mah. 11 of 1976 (14-4-1976)
18. Amended by Mah. 4 of 1981 (2-3-1981)
19. Amended by Mah. 56 of 1981 (2-3-1981)
20. Amended by Mah. 2 of 1982 (6-1-1982)
21. Amended by Mah. 10 of 1990
22. Amended by Mah. 10 of 19923
23. Amended by Mah. 21 of 19944
24. Amended by Mah. 31 of 1994
25. Amended by Mah. 52 of 1994 (16-12-1994)
26. Amended by Mah. 5 of 1997 (2-1-1997)
27. Amended by Mah. 40 of 1997 (7-8-1997)
28. Amended by Mah. 46 of 1997 (29-12-1997)
29. Amended by Mah. 1 of 19985 1 This indicates the date of commencement of Act so far as it amends the Bombay Village Panchayats Act, 1958. 2 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. 3 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. 4 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. 5 Mah. I of 1998 has not been brought into force.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 8 The Maharashtra Village Panchayats Act [1959 : III
30. Amended by Mah. 6 of 2000 (5-7-1999)
31. Amended by Mah. 21 of 20001
32. Amended by Mah. 27 of 2000 (2-3-2000)
33. Amended by Mah. 34 of 2000 (5-8-2000)
34. Amended by Mah. 44 of 2000 (13-9-2000)
35. Amended by Mah. 16 of 2001 (10-2-2001)
36. Amended by Mah. 36 of 2001 (26-12-2001)
37. Amended by Mah. 3 of 20032 (16-10-2002)
38. Amended by Mah. 23 of 20033, 4, 5
39. Amended by Mah. 27 of 2003
40. Amended by Mah. 28 of 2003
41. Amended by Mah. 3 of 2004
42. Amended by Mah. 20 of 2005
43. Amended by Mah. 37 of 2006 (21-12-2006)
44. Amended by Mah. 38 of 2006 (21-12-2006)
45. Amended by Mah. 21 of 20076 (12-6-2007)
46. Amended by Mah. 5 of 20097
47. Amended by Mah. 27 of 20098 (31-8-2009)
48. Amended by Mah. 16 of 2010 (6-5-2010)
49. Amended by Mah. 23 of 20109 (9-6-2010)
50. Amended by Mah. 28 of 2010 (9-6-2010)
51. Amended by Mah. 33 of 201010 (10-1-2011)
52. Amended by Mah. 19 of 2011 (21-4-2011) 1 Mah. 21 of 2000 has not been brought into force. 2 Maharashtra Ordinance No. XII of 2002 was repealed by Mah. 3 of 2003, s. 5(1). 3 Sections 4 and 6 of Mah. 23 of 2003 came into force on 14-1-2003; and Sections 2, 3 and 5 of the said Act came into force on 2-7-2003. 4 Section 6 of Mah. 23 of 2003 reads as under :—
6. Saving.— (1) Any notification issued under section 4 of the principal Act, or any order, direction or instruction issued under the principal Act on or after the coming into force of section 4 of the Bombay Village Panchayats (Second Amendment) Act, 2003 (Mah. XXIII of 2003), shall be deemed never to have been issued and on account of issue of such notification, order, direction or, as the case may be, instruction, the existing panchayat whose limits have been altered, shall not be dissolved or shall be deemed never to have been dissolved, and any member of such panchayat shall be deemed never to have vacated his office and accordingly all the members of such panchayat shall and shall be deemed to have been continued as such members till the completion of their term.
(2) No suit, application or any legal proceeding shall lie or be maintainable in any Court or before any officer or authority solely on the ground that the notification under section 4 of the principal Act, altering the limits of such existing panchayat was already issued on or before the date of coming into force of section 4 of the Bombay Village Panchayats (Second Amendment) Act, 2003 (Mah. XXIII of 2003). 5 Maharashtra Ordinance No. V of 2003 and Maharashtra Ordinance No. VII of 2003 were repealed by Mah. 23 of 2003, s. 8(1). 6 Maharashtra Ordinance No. IV of 2007 was repealed by Mah. 21 of 2007, s. 4 7 Sections l and 7 of Mah. 5 of 2009 came into force on 7-1-2009 and sections 2 to 6 and section 8 of the said Act came into force on 1-8-2009, vide G. N., R. D. and W. C. D., No. MISC. 2007/C.R. 157/PR-2, dated the 15th March, 2009. 8 Maharashtra Ordinance No. XXI of 2009 was repealed by Mah. 27 of 2009, s. 9(1). 9 Maharashtra Ordinance No. V of 2010 was repealed by Mah. 23 of 2010, s. 4(1). 10 This Act came into force on 10-1-2011, vide G. N., No. SANKIRNA 2010/C.R.-122/PR-2, dated the 11th January 2011.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 1959 : III] The Maharashtra Village Panchayats Act 9
53. Amended by Mah. 27 of 20111 (8-6-2011)
54. Amended by Mah. 39 of 20112 (5-10-2011)
55. Amended by Mah. 16 of 20123 (2-10-2012)
56. Amended by Mah. 22 of 20124
57. Amended by Mah. 24 of 2012 (22-8-2012)
58. Amended by Mah. 29 of 20125 (4-10-2012)
59. Amended by Mah. 18 of 20146 (30-1-2014)
60. Amended by Governor Notification7 (30-10-2014)
61. Amended by Mah. 46 of 20148 (15-05-2015)
62. Amended by Mah. 7 of 2015 (26-03-2015)
63. Amended by Mah. 10 of 2016 (31-03-2016)
64. Amended by Governor Notification9 (13-04-2016)
65. Amended by Governor Notification10 (27-02-2017)
66. Amended by Mah. 28 of 201711 (31-01-2017)
67. Amended by Mah. 42 of 201712 (1-07-2017)
68. Amended by Mah. 11 of 201813 (15-02-2018)14
69. Amended by Mah. 24 of 201815 (9-02-2018) 1 Maharashtra Ordinance No. XV of 2011 was repealed by Mah. 27 of 2011, s. 4(1) 2 Maharashtra Ordinance No. XIX of 2011 was repealed by Mah. 39 of 2011, s. 5(1). 3 This Act came into force on 2-10-2012, vide G. N., R. D., and W.C.D. No. MISC 2010/C.R. 187/PR-2, dated the 1st October 2012 (M.G.G., Extra-ord. Part-IV-B) (Extra-ordinary No. 135). 4 This Act yet to be brought into force. 5 Maharashtra Ordinance No. IX of 2012 was repealed by Mah. 29 of 2012, s. 4(1). 6 Maharashtra Ordinance No. II of 2014 was repealed by Mah. 18 of 2014, s. 3(1). 7 Notification No. RB/TC/e-11019(89)(2013)/Notification-4/1120/2014, dated the 30th October 2014 issued by the Office of the Governor of Maharashtra, see Maharashtra Government Gazette, Part VIII, Extraordinary No. 98, dated 30-10-2014, page 1-5. 8 Sections 1, 2, 3 and 4 of Mah. 43 of 2014 came into force vide G.N., R.D. & W. C.D., No. VPM. 2015/CR-39/ PR.4., dated 15th May 2015. 9 Notification No. RB/TC/e-13012(1)(2015)/Notification-506/2016, dated the 13th April 2016 issued by the Office of the Governor of Maharashtra, see Maharashtra Government Gazette, Part VIII, Extraordinary No. 41, dated 13-04-2016, page 1-2. 10 Notification No. RB/TC/e-13012(1)(2015)/Notification-238/2017, dated the 27th February 2017 issued by the Office of the Governor of Maharashtra, see Maharashtra Government Gazette, Part VIII, Extraordinary No. 37, dated 27-02-2017, page 1-2. 11 Maharashtra Ordinance No. V of 2017 was repealed by Mah. XXVIII of 2017, s. 4(1). 12 All sections except sections 13 to 31 of Mah. 42 of 2017 came into force vide G.N., F.D., No. MGST. 1017/ CR101(2)/Taxation-1, dated 29th June 2017. 13 Section 4 of Mah. 11 of 2018 reads as under :— “4. Repeal and Saving.— (1) The Maharashtra Village Panchayats (Payment of Lump-sum Contribution by Factories in Lieu of Taxes) Rules, 1961 shall stand repealed.
(2) Notwithstanding deletion of section 125 of the principal Act and repeal of the Maharashtra Village Panchayats (Payment of Lump-sum Contribution by Factories in Lieu of Taxes) Rules, 1961 the agreements entered into or executed in pursuance thereof, shall be valid for a period mentioned in the agreements and shall then expire:
Provided that, the tax may be levied and collected separately,—
(i) if during the period the agreement is effective, Panchayat imposes any new taxes as per the provisions of the principal Act or rules made thereunder; or
(ii) if the occupier constructs a new building in his premises or makes material attentions in any existing building.”. 14 vide G.N., R.D.D., No. VPM. 2016/C.R.126/PR. 4(22), dated 15th February 2018. 15 Maharashtra Ordinance No. V of 2018 was repealed by Mah. XXIV of 2018, s. 4(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 10 The Maharashtra Village Panchayats Act [1959 : III
70. Amended by Mah. 54 of 20181,2 (19-7-2017)
71. Amended by Mah. 66 of 20183,4 (11-10-2018)
72. Amended by Mah. 2 of 20205
73. Amended by Mah. 4 of 2020
74. Amended by Mah. 25 of 20206 (25-6-2020)
75. Amended by Mah. 4 of 20227 (6-12-2021) 1 Maharashtra Ordinance No. II of 2018 was repealed by Mah. 54 of 2018, s. 23. 2 Section 22 of Mah. 54 of 2018 reads as under :— “22. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of the Maharashtra Village Panchayats Act (III of 1959), as amended by this Act, the State Government may, by an order published in the Official Gazette, as the occasion arises, make such provisions not inconsistent with provisions of the said Act, as amended by this Act, as may appear it to be necessary or expedient for purpose of removing the difficulty :
Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. 3 Maharashtra Ordinance No. XXI of 2018 was repealed by Mah. 66 of 2018, s. 10. 4 Section 7, 8 and 9 reads as under :— “7. Saving as to certain election.— (1) Nothing in this Act shall affect the elections conducted by the State Election Commission for conducting the elections or any programme declared by it therefor, prior to the date of commencement of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (Mah. LXVI of 2018), for filling up the resultant vacancy in view of the provisions of section 10-1A or section 30-1A of the Maharashtra Village Panchayats Act (III of 1959); section 12A or sub-section (6A) of section 42 or sub-section (7A) of section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), as it stood prior to such date of commencement.
8. Saving as to certain disqualifications.— Any person, who has obtained the Caste Certificate and Validity Certificate, but has not filed such certificate prior to the date of commencement of this Act, shall not be deemed to be disqualified under the provisions of the relevant Panchayat law, if he submits such certificate within a period of three months from the date of commencement of this Act:
Provided that, the provisions of this section shall not apply where the State Election Commission has already prior to the date of commencement of this Act held elections to fill the Vacancy of such person or declared the program for holding of such election.
9. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of the Maharashtra Village Panchayats Act (III of 1959) or, as the case may be, the Maharashtra Zilla Parishads and Panchayat Smitis Act, 1961 (Mah. V of 1962), as amended by this Act, the State Government may, as the occasion arises, by an Order published in the Official Gazette, give such directions not inconsistent with the provisions of the said Acts as amended by this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature:
Provided that, no such order shall be made after expiry of the period of two years from the commencement of this Act.” 5 Sections 12 and 13 of Mah. 2 of 2020 reads as under :— “12. Removal of doubts.— (1) Notwithstanding anything contained in section 30A-1B of the principal Act, if any order in respect of election or bye-election of a panchayat is issued or any procedure for election of or bye-election of the panchayat commenced, before the date of commencement of the Maharashtra Village Panchayats (Amendment) Act, 2020 (Mah. II of 2020), such election shall be held as per the provisions of section 30A-1A.
(2) Notwithstanding anything contained in second proviso to sub-section (1) of section 43 of the principal Act, as amended by this Act, if any order in respect of filling of casual vacancy of directly elected Sarpanch is issued or any procedure for filling of casual vacancy of directly elected Sarpanch is commenced, before the date of commencement of the Maharashtra Village Panchayats (Amendment) Act, 2020 (Mah. II of 2020), such election shall be held as per the provisions of the second proviso the sub-section (1) of section 43, as it existed before the commencement of this Act.
13. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of the principal Act, as amended by this Act, the State Government may, by an order published in the Official Gazette, as the occasion arises, make such provisions not inconsistent with the provisions of the principal Act, as amended by this Act, as may appear to it to be necessary or expedient for the purpose of the removing of the difficulty:
Provided that, no such order shall be made, after the expiry of a period of two years, from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. 6 Maharashtra Ordinance No. X of 2020 was repealed by Mah. 25 of 2020, s. 3. 7 Maharashtra Ordinance No. XIV of 2021 was repealed by Mah. 4 of 2022, s. 7. 1959 : III] The Maharashtra Village Panchayats Act 11
75. Amended by Mah. 19 of 20221 (23-9-2021)
76. Amended by Mah. 22 of 20222
77. Amended by Mah. 42 of 20223,4 (27-7-2022)
78. Amended by Mah. 15 of 2023
79. Amended by Mah. 30 of 20235 (28-4-2023)
80. Amended by Mah. 43 of 2025 (29-8-2025)
81. Amended by Mah. 48 of 20256 (3-11-2025) 1 Maharashtra Ordinance No. III of 2021 was repealed by Mah. 19 of 2022, s. 8. 2 Section 6 of Mah. 22 of 2022 reads as under :—
6. Annulment of division of wards, electoral divisions and electoral colleges.— Notwithstanding anything contained in the Maharashtra Village Panchayats Act (III of 1959) and the Zilla Parishads and Panchayat Samitis Act and the rules made thereunder, where the process,—
(i) to divide a village into wards and to determine number of members of Panchayat to be elected from each ward;
(ii) to divide a district into electoral divisions and to determine the number of councilors to be elected from each electoral division, or
(iii) to divide an electoral division into electoral colleges, is started or completed by the State Election Commission, before the date of commencement of the Maharashtra Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2022 (Mah. XXII of 2022), such process shall be deemed to be annulled; and the process to divide the wards. Electoral divisions or electoral colleges and determination of number of memebers of panchayat or councilors of Zilla Parishads to be elected from each ward or electoral division shall be done afresh according to the provisions of the Maharshtra Village Panchayats Act and the Zilla Parishads and Panchayat Samits Act, (III of 1959) as amended by this Act.”. 3 Maharashtra Ordinance No. V of 2022 was repealed by Mah. 42 of 2022, s. 9. 4 Section 9 of Mah. 42 of 2022 reads as under :— “9. Repeal of Mah. Ord. V of 2022 and saving.— (1) The Maharashtra Village Panchayats (Amendment) Ordinance, 2022 (Mah. Ord. V of 2022), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.”. 5 Maharashtra Ordinance No. I of 2023 was repealed by Mah. 30 of 2023, s. 7. 6 Maharashtra Ordinance No. XII of 2025 was repealed by Mah. 48 of 2025, s. 7.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 12 The Maharashtra Village Panchayats Act [1959 : III 1959 : III] The Maharashtra Village Panchayats Act 13 ACT No. III of 19591 [THE MAHARASHTRA VILLAGE PANCHAYATS ACT.] [This Act received the assent of the President on 14th January 1959; assent was first published in the Maharashtra Government Gazette, Part IV, on the 23rd January 1959.] 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 Nineth Year of the Republic of India as follows :—
CHAPTER I PRELIMINARY
1. Short title.— This Act may be called 2[the Maharashtra Village Panchayats Act].
2. Extent and commencement.— (1) It extends to the whole of the 3[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 4date as the State Government may, by notification in the Official Gazette, appoint.
3. Definitions.— In this Act, unless the context otherwise requires,— 5[* * * * * * * *] (a-2) “Auditor” means an Auditor as defined in the Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930) 6[and in relation to a panchayat having an annual income (including grant received from the State Government) of 7[not exceeding rupees Ten thousand includes a 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] ; 8[(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 ;] 9[(aa-1) “ballot box” or “ballot paper” includes an electronic voting machine used at an election for giving or recording of votes ;] 10[(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 panchayat ;] 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Part V, pp. 279-289. 2 This short title was substituted for “the Bombay Village Panchayats Act, 1958” by Mah. 24 of 2012, s. 2, Schedule, entry 74, with effect from 1st May 1960. 3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 1st day of June 1959, vide G. N., L. S. G. and P. H. D., No. VPA. 1059-P, dated 23rd May 1959. 5 This clause was deleted by Mah. 21 of 1994, s. 2(1). 6 This portion was added by Mah. 13 of 1975, s. 2(a). 7 These words were substituted for the words “less than Rs. 5,000” by Mah. 3 of 2004, s. 2. 8 Clause (a-3) was inserted by Mah. 21 of 1994, s. 2(2). 9 This clause was inserted by Mah. 20 of 2005, s. 2. 10 This clause was inserted by Mah. 23 of 2003, s. 2(a). 14 The Maharashtra Village Panchayats Act [1959 : III
(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) “by-laws” means the by-laws made by the 1[Zilla Parishad] under section 177 ; 2[* * * * *]
(4) “Cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, ewes, rambs, lambs, goats and kids ; 3[(4A) “Commissioner” means the Commissioner of a revenue division appointed under section 6 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;] 4[* * * * *] 5[(6) “Zilla Parishad” means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) ;] 6[* * * * *]
(8) “factory” means a factory as defined in the Factories Act, 1948 (LXIII of 1948) ; 7[(8A) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India ;] 8[(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 ; 9[* * * * *] 10[(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 (11B) for consumption, use or sale therein, levied in accordance with the provisions of section 124 ;] 11[(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 ;] 12[* * * * *] 13[* * * * *]
(14) “panchayat” means a panchayat established or deemed to have been established under this Act ; 1 These words were substituted for the words “District Village Panchayat Mandal” by Mah. 5 of 1962, s. 286, Tenth Schedule. 2 Clauses (3), (5) and (12) were deleted by Mah. 13 of 1975, s. 2(b). 3 Clause (4A) was inserted by Mah. 38 of 2006, s. 2. 4 Clause (5) was deleted by Mah. 42 of 2017, s. 47. 5 Clause (6) was substituted by Mah. 5 of 1962, s. 286, Tenth Schedule. 6 Clause (7) was deleted by Mah. 5 of 1962. 7 Clause (8A) was inserted by Mah. 21 of 1994, s. 2(3). 8 Clause (9) was substituted by Mah. 21 of 1994, s. 2(4). 9 Clause (11A) was deleted by Mah. 42 of 2017, s. 47. 10 Clause (11AA) was inserted by Mah. 22 of 2012, s. 2, however this section yet to be brought into force. 11 This clause was inserted by Mah. 54 of 2018, s. 2(a). 12 Clause (11B) was deleted by Mah. 42 of 2017, s. 47. 13 Clause (13) was deleted by Mah. 6 of 2000, s. 2. 1959 : III] The Maharashtra Village Panchayats Act 15 1[(14A) “population” means the population as ascertained at the last preceding census of which the relevant figures, 2[* * *] 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, 3[, 30A-1A] 4[30A,] 5[* *] or 43 ; 6[(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 7[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 8[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 ; 9[(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 thoroughfare or not ; 10[* * * * *]
(23) “tax” means a tax, cess, rate or other impost leviable under this Act, but does not include a fee ; 11[(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 ;] 12[(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 ; 13[(27) the expressions “Standing Committee”, “Panchayat Samiti” 14[, “Chief Executive Officer”,] 15[“Block Development Officer” and “block grant”] shall have the meaning respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).] 1 Clause (14A) was inserted by Mah. 13 of 1975, s. 2(c). 2 The words “whether provisional or final” were deleted by Mah. 21 of 1994 s. 2(5). 3 These figures, letters and sign were inserted for the word and figures “section 30” by Mah. 54 of 2018, s. 2(b). 4 These figures and letter were inserted by Mah. 21 of 1994, s. 2(6). 5 The figures “41” were deleted by Mah. 22 of 1991, Second Schedule. 6 Clause (17A) was inserted by Mah. 40 of 1997, s. 2. 7 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 8 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 9 Clause (20A) was inserted by Mah. 21 of 1994, s. 2(7). 10 Clause (22) was deleted by Mah. 13 of 1975, s. 2(d). 11 Clause (24) was substituted by Mah. 21 of 1994, s. 2(8). 12 Clause (24A) was inserted by Mah. 23 of 2003, s. 2(b). 13 Clause (27) was inserted by Mah. 5 of 1962, s. 286, Tenth Schedule. 14 These words were substituted for the words and “Chief Executive Officer” by Mah. 36 of 1965, s. 2(b). 15 These words were substituted for the words and “Block Development Officer” by Mah. 34 of 1970, s. 2. 16 The Maharashtra Village Panchayats Act [1959 : III
CHAPTER II GRAM SABHAS, ESTABLISHMENT AND CONSTITUTION OF PANCHAYATS
4. Declaration of village.— (1) 1[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 :] 2[Provided that, where a group of revenue villages or hamlets or other such administrative unit or part thereof is 3[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) 4[Where the circumstances so require to include or exclude any local area from the local area of a village or to 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 5[the Gram Sabha 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.
5. Establishment of panchayats.— In every village there shall be a panchayat. 6[* * * * *]
7. Meetings of Gram Sabha.— (1) There shall be held at least 7[four meetings] of the Gram Sabha 8[every financial year] on such date, at such 9[time and place, and in such manner], as may be prescribed 10[and if the Sarpanch, or in his absence the Upa-Sarpanch fails without sufficient cause, to 11[hold 12[any of such 13[four meetings]]] he shall be disqualified for continuing as Sarpanch or, as the case may be, Upa-Sarpan ch or for being chosen as such for the remainder of the term of office of the members 14[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 :] 15[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 the 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 1 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(1)(a). 2 This was added by Mah. 36 of 1965, s. 3. 3 These words were substituted for the word “declared” by Mah. 21 of 1994, s. 3(1)(b). 4 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). 5 These words were inserted by Mah. 28 of 2003, s. 2. 6 Section 6 was deleted by Mah. 28 of 2003, s. 4. 7 These words were substituted for the words “six meetings” by Mah. 16 of 2012, s. 2(1)(a). 8 These words were substituted for the words “every year” by Mah. 36 of 1965, s. 4(a). 9 These words were substituted for the words “time and place” by Mah. 21 of 2000, s. 2(b). 10 These words were added by Mah. 36 of 1965, s. 4(a). 11 These words were substituted for the words “hold such two meetings” by Mah. 38 of 1973, s. 2. 12 These words were substituted for the words “any one of such two meetings” by Mah. 21 of 2000, s. 2(c). 13 These words were substituted for the words “six meetings” by Mah. 16 of 2012, s. 2(1)(a). 14 These words were substituted for the words “of the panchayat” by Mah. 21 of 2000, s. 2(d). 15 This proviso was substituted for the original by Mah. 36 of 1965, s. 4(b). 1959 : III] The Maharashtra Village Panchayats Act 17 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 :] 1[Provided further that, a period of not more than 2[four months] shall be allowed to elapse between the two meetings of the Gram Sabha :
Provided also that, if the Sarpanch or Upa-Sarpanch, as the case may be, fails to call any such meeting within the specified period, the Secretary shall call the meeting and it shall be presumed that, such meeting has been called with the concurrence of the Sarpanch or, as the case may be, Upa-Sarpanch.]
(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. 4[* * * * *] 5[(3A) 6[* * * *] Unless otherwise provided in this Act, all meetings of the Gram Sabha after each general election to a panchayat, shall be presided over by the Sarpanch and in his absence by the Upa- Sarpanch; and in absence of both Sarpanch and Upa-Sarpanch, it shal be presided over by senior most member of panchayat by age present in that meeting of the Gram Sabha. In case no member of panchayat is present, the said meeting of the Gram Sabha shall be adjourned for a period of one week, and such adjourned meeting shall be presided over by Sarpanch and in his absence by Upa-Sarpanch and in absence of both the Sarpanch and Upa-Sarpanch by the senior most member of the panchayat by age present in the meeting of Gram Sabha. In case no member of panchayat is present, such meeting shall be presided over by an officer authorized by the Bolck Development Officer in that behalf.]
(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. 7[(5) The meeting of the women members of the Gram Sabha shall be held before every regular meeting of the Gram Sabha, convened under sub-section (1) 8[and the proceedings of such meeting shall invariably be brought or caused to be brought before every regular meeting of the Gram Sabha by the Sarpanch, and the Gram Sabha shall consider the recommendations made in the meeting of the women members, and the panchayat shall ensure the implementation of such recommendations :
Provided that, if the Gram Sabha is not agreeable to the recommendations made in the meeting of the women members, it shall record the reasons therefor.] 9[(5A) Every member of the panchayat representing a ward shall, before every regular meeting of the Gram Sabha and meeting of the women members of the Gram Sabha, convene a meeting of all the voters in such ward and such ward sabha may discuss issues relating to development of the ward, selection of individual beneficiaries for individual beneficiary schemes of the State, or as the case may be, of the Central Government, development projects and programmes and such other related issues as the ward sabha deems fit and which are likely to be placed before the regular meeting of the Gram Sabha for consideration and decision. The proceedings of such meeting shall be maintained by such member under his signature and a copy of the same shall invariably be sent to the panchayat which shall form part of the records of the panchayat.] 1 These provisos were inserted by Mah. 3 of 2003, s. 2(a)(ii). 2 These words were substituted for the word “three months” by Mah. 16 of 2012, s. 2(i)(b). 3 These words were substituted for the word “Collector” by Mah. 5 of 1962, Tenth Schedule. 4 Sub-section (3) was deleted by Mah. 2 of 2020, s. 2(1). 5 Sub-section (3A) was inserted by Mah. 54 of 2018, s. 3. 6 The words “In respect of the panchayat to which the sarpanch is elected directly under section 30A-A” were deleted by Mah. 2 of 2020, s. 2(2). 7 These sub-sections were added by Mah. 3 of 2003, s. 2(c). 8 This portion was added by Mah. 16 of 2012, s. 2(2). 9 This sub-section was inserted by Mah. 16 of 2012, s. 2(3). 18 The Maharashtra Village Panchayats Act [1959 : III
(6) The Gram Sabha shall have the disciplinary control over the Government, semi-Government and panchayat employees working in the village including the matters relating to their daily attendance in the office. The annual evaluation of such employees shall be brought to the notice of their respective higher authorities by the Gram Sabha : 1[Provided that, Gram Sabha may, by resolution, delegate its authority to the panchayat to exercise general supervision over the Government, semi-Government and panchayat employees including regular and timely attendance at their work place. The mode of recording of attendance and supervision shall be such as the Government may, from time to time, specify by an order in the Official Gazette.]
(7) The Gram Sabha 2[, or as the case may be, the panchayat] shall report to the concerned Block Development Officer, the irregularities, if any, committed by any of such employees. The Block Development Officer shall consider such report within the period of three months from the date of its receipt. Such matters and the actions taken thereon shall be reviewed in the regular meetings of the Panchayat Samiti. If, the Block Development Officer fails to dispose of such reports within the specified period of three months, the same shall on the expiry of the said period, stand transferred to the Chief Executive Officer of the concerned Zilla Parishad for disposal, whose decision shall be final. The Chief Executive Officer of the Zilla Parishad shall take the decision on such reports so transferred to him, within a period of three months from the date of their receipt.
(8) The Gram Sabha shall select the beneficiaries for individual beneficiary schemes of the State, or as the case may be, of the Central Government.
(9) The Gram Sabha shall generally fix the date, time and place of the next meeting of the Gram Sabha, in its previous meeting.
(10) Unless exempted by the Gram Sabha, 3[, or as the case may be, the panchayat] all the Government, semi-Government and panchayat employees working in the village shall attend the meetings of the Gram Sabha.
(11) The proceedings of every meeting of the Gram Sabha shall be prepared and maintained 4[in a separate register] by the concerned Secretary of the panchayat and in his absence, the proceedings shall be prepared by any Government, semi-Government or panchayat employee working in the village, such as Teacher, Talathi or Anganwadi Sevika as directed by the Sarpanch and the same shall be handed over to the panchayat for records :] 5[Provided that, it shall be a joint responsibility of the Sarpanch and Secretary of the concerned panchayat to maintain secured custody and proper safety of proceeding register, attendance register and other relevant records of the Gram Sabha, and they shall be primarily held responsible for any tampering, alteration, manipulation of entries or contents or loss or mutilation of such record unless proved otherwise and shall be liable to be prosecuted under relevant provisions of the Indian Penal Code (45 of 1860).]
8. Panchayat to place before Gram Sabha Statement of accounts etc. and duties of Gram Sabha.— (1) The first meeting of the Gram Sabha in 6[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 on the administration of the proceeding 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 ; 1 This proviso was added by Mah. 16 of 2012, s. 2(4). 2 These words were inserted by Mah. 16 of 2012, s. 2(5). 3 These words were inserted by Mah 16 of 2012, s. 2(6). 4 These words were inserted by Mah. 16 of 2012, s. 2(7)(a). 5 This proviso was added by Mah. 16 of 2012, s. 2(7)(b). 6 These words were substituted for the words “every year” by Mah. 36 of 1965, s. 5. 1959 : III] The Maharashtra Village Panchayats Act 19
(v) any other matter which the 1[Standing Committee, Panchayat Samiti or Chief Executive or any officer authorised by the Standing Committee or Panchayat Samiti] in this behalf, requires to be placed before such meeting. 2[(1A) The panchayat shall place the report of the expenditure incurred on the development activities before the Gram Sabha once in every six months, and display the information thereof on the notice board of the panchayat.]
(2) It shall be open to the Gram Sabha to discuss any or all of the matters placed before it 3[under sub-section (1) or sub-section (1A)] 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.
8A. [Deleted] by Mah. 27 of 2003, s. 2. 4[8AA. Power and duties of Gram Saabha.— It shall be competent for every Gram Sabha,—
(i) to approve the social or economic development plans, programmes and projects to be implemented by the panchayat before such plans, programmes and projects are taken up for implementation by such panchaya t;
(ii) to grant permission for incurring any expenditure by the panchayat on the development schemes ;
(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.]
9. 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 movable and immovable, whether within or without the limits of the village over which it has authority and may in its corporate name sue and be sued.
10. Constitution of panchayats.— (1) 5[* * * *] 6[(a) A panchayat shall consist of,—
(i) such number of members not being less than seven and not more than 7[seventeen as the 8[State Government may prescribe]] who shall be elected in accordance with section 11 : 9[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]. 10[* * * *]
(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 11[in the prescribed 1 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 Schedule. 2 This sub-section was inserted by Mah. 38 of 2006, s. 3(a). 3 These words, brackets, figures and letter were substituted for “under sub-section (1)” by Mah. 38 of 2006 s. 3(b). 4 Section 8AA was inserted by Mah. 3 of 2003, s. 3. 5 The portion beginning with the words “Subject to” and ending with this words “in this behalf” was deleted by Mah. 52 of 1994, s. 2(a). 6 Clause (a) was substituted for the original by Mah. 6 of 1975, s. 50, Schedule. 7 These words were substituted for the words “fifteen as the Collector may determines” by Mah. 21 of 1994, s. 5(1)(a)(i). 8 These words were substituted for the words “State Election Commission may determine” by Mah. 52 of 1994, s. 2(b). 9 This proviso was added by Mah. 21 of 1994, s. 5(1)(a)(ii). 10 Sub-clause (ii) and the Explanation thereto were deleted by Mah. 21 of 1994, s. 5(1)(a)(iii). 11 These words were substituted for the words “by the Collector in the prescribed manner” by Mah. 21 of 1994, s. 5(1)(b)(i). 20 The Maharashtra Village Panchayats Act [1959 : III manner by 1[State Government or an officer authorised by it]], with approval of the State Election Commission :] 2[Provided that, the panchayat area shall be divided into wards in such manner that the ratio between the population of each ward and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area.] 3[(1A) In respect of the panchayat to which the Sarpanch is directly elected under section 30A- 1A, the provisions of this section shall apply with the modification that, in sub-section (1), in clause
(a), before sub-clause (i) the following sub-clause shall be inserted, namely :— “(i-A) Sarpanch elected under section 30A-1A - ex officio member; and”.] 4[(2)(a) In the seats to be filled in by election in a Panchayat there shall be seats reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes, Backward Class of Citizens and Women, as may be determined by the State Election Commission in the prescribed manner ;
(b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Panchayat shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in that panchayat as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes, in that panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different wards in a panchayat : 5[Provided that, in a Panchayat comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one half of the total number of seats in the Panchayat :
Provided further that, the reservation for the Scheduled Tribes in Panchayat falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (b) :] 6[Provided also that], 7[one-half 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 ; 8[(c) the seats to be reserved for persons belonging to the category of Backward class of Citizens shall be upto 27 per cent. of the total number of seats to be filled in by election in a panchayat and the total reservation shall not be more than 50 per cent. of the total seats in the 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 the persons belonging to the Backward Class of Citizens shall be the seats remaining, if any, after reservation of the seats for the Scheduled Tribes and 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 this clause:
Provided also that, one-half of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of Citizens ;]
(d) 9[one-half] (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 1 These words were substituted for the words “State Election Commissioner an officer authorized by it” by Mah. 22 of 2022, s. 2. 2 This proviso was added by Mah. 21 of 1994, s. 5(1)(b)(ii). 3 This sub-section was inserted by Mah. 54 of 2018, s. 4. 4 Sub-sections (2) and (2A) were substituted by Mah. 21 of 1994, s. 5(2). 5 These provisos were inserted by Mah. 40 of 1997, s. 3(a)(i). 6 These words were substituted for the words “Provided that” by Mah. 40 of 1997, s. 3(a)(ii). 7 These words were substituted for the words “one third of the total number of seats” by Mah. 19 of 2011, s. 2(a). 8 This clause was substituted by Mah. 19 of 2022, s. 2. 9 These words were substituted for the words “one third” by Mah. 19 of 2011, s. 2(c). 1959 : III] The Maharashtra Village Panchayats Act 21 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. (2A) 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.] 1[(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 2[under sub-clause (i) of clause (a) of sub-section (1)] are elected, failure to elect the remaining members shall not affect constitution of the panchayat. 3[10-1A. Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate.— Every person desirous of contesting election to a seat reserved for Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of Citizens, shall be required to submit, alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001) : 4[Provided that, a person who has applied to the Scrutiny Committee for verification of his Caste Certificate before the date of filing of the nomination papers, but who has not received the Validity Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,—
(i) a true copy of the application submitted by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee ; and
(ii) an undertaking that he shall submit the Validity Certificate issued by the Scrutiny Committee, within a period of six months from the date on which he is declared elected :
Provided further that, if such person fails to produce the Validity Certificate within a period of six months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a member.] 5[10A. 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.
(2) 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.
(3) 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.
(4) 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.] 1 Sub-section (3) was substituted by Mah. 36 of 2001, s. 2. 2 These words, brackets, letter and figure were inserted by Mah. 6 of 1975, Schedule. 3 Section 10-1A was inserted by Mah. 37 of 2006, s. 2. 4 These provisos were substituted by Mah. 48 of 2025, s. 2. 5 Section 10A was inserted by Mah. 52 of 1994, s. 3. 22 The Maharashtra Village Panchayats Act [1959 : III 1[11. Election.— (1) An election to constitute a panchayat shall be completed—
(a) in the case of the establishment of a panchayat for the first time, as soon as may be practicable ;
(b) in the case of panchayat, existing for the time being, before the expiry of its duration of five years as prescribed in sub-section (1) of section 27 ;
(c) in the case of the dissolved panchayat, before the expiration of a period of six months from the date of its dissolution :
Provided that, where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the panchayat for such period ;
(d) in the case of an interim panchayat referred to in section 157, before the expiry of the period of one year as specified in sub-section (1) of section 158.
(2) The election of members of panchayat or election to fill any vacancy shall be held on such date as the State Election Commission may appoint in this behalf.
(3) Notwithstanding anything contained in section 10, if the vacancy of a member occurs within six months preceding the date on which the term of office of the members of the panchayat expires under section 27, the vacancy shall not be filled. 2[(3A) The voting at an election shall be by ballot or by electronic voting machine and no votes shall be received by proxy.]
(4) Such election shall be conducted in the prescribed manner.]
12. List of voters.— (1) The electoral roll of the 3[Maharashtra Legislative Assembly] prepared under the provisions of the Representation of the People Act, 1950 (XLIII of 1950), and in force on such day as 4[the State Election Commissioner may by order] notify in this behalf for such part of the constituency of the Assembly as is included in a ward or a village shall be the list of voters for such ward or village.
(2) An officer designated by the 5[State Election Commission] in this behalf shall maintain a list of voters for each such ward or village.
13. Persons qualified to vote and be elected.— 6[(1) Every person whose name is in the list of voters shall, unless disqualified under this Act, or any other law for the time being in force, be qualified to vote at the election of, a member for the ward to which 7[such list pertains and, Sarpanch of panchayat to be elected directly.] 8[(2) Every person whose name is in the list of voters and who is not less than twenty-one years of age on the last date fixed for making nomination for every general election or bye-election shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected as a member from any ward of the village or for Sarpanch of panchayat. No person whose name is not entered in the list of voters for such village shall be qualified to be elected as a member of any ward of the village or Sarpanch of panchayat.] (2A) Every person who is not less than 21 years of age on the last date fixed for making nomination for every general election or bye-election and whose name is in the list of voters and who 1 Section 11 was substituted for the original by Mah. 21 of 1994, s. 6. 2 This sub-section was inserted by Mah. 20 of 2005, s. 3. 3 These words were substituted for the words “Bombay Legislative Assembly” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 These words were substituted for the words “the State Government may by general or special order” by Mah. 52 of 1994, s. 4. 5 These words were substituted for the word “Collector” by Mah. 21 of 1994, s. 7. 6 These sub-section were substituted by Mah. 54 of 2018, s. 5. 7 These words were substituted for the words “such list pertains” by Mah. 42 of 2022, s. 2(1). 8 Sub-section (2) was substituted by Mah. 42 of 2022, s. 2(2). 1959 : III] The Maharashtra Village Panchayats Act 23 is born on or after 1st January 1995, and who is not disqualified under this Act, or under any other law for the time being in force shall, unless possesses minimum 7th standard of school education passing certificate or acquired educational qualification equivalent to 7th standard, as certified by the competent authority, be qualified to be elected as 1[member].]
(3) Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section whether any person is qualified or is not qualified to vote, or as the case may be, is qualified or is not qualified to be elected, at any election. 2[13A. Vacation of Seats.— If a person is elected to more than one seat in a village panchayat, then unless, within the prescribed time he resigns all but one of the seats by notice in writing signed by him and addressed to the 3[State Election Commission or any officer authorised by it] in this behalf, all the seats shall become vacant.]
14. Disqualifications.— 4[(1)] No person shall be a member of a panchayat, or continue as such, who—
(a) has, whether before or after the commencement of this Act, been convicted—
(i) of an offence under the Untouchability (Offences) Act, 1955 (XXII of 1955), or under the Bombay Prohibition Act, 1949 (Bom. XXV of 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 5[six years], or such lesser period as the State Government may allow in any particular case, has elapsed since his release ; or 6[(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 :
Provided that, no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years] ;
(b) has been adjudged by a Competent Court to be of unsound mind ;
(c) has been adjudicated an insolvent and has not obtained his discharge ; or 7[(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 8[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 1 This word was substituted for the word “Sarpanch” by Mah. 2 of 2020, s. 3(3). 2 Section 13A was inserted by Mah. 36 of 1965, s. 7. 3 These words were substituted for the words “Collector or any officer authorised by him” by Mah. 21 of 1994, s. 9. 4 This existing section 14 was renumbered as sub-section (1) by Mah. 34 of 2000, s. 2. 5 These words were substituted for the words “five years” by Mah. 54 of 2018, s. 6(i). 6 Clause (a-1) was substituted by Mah. 21 of 1994, s. 10. 7 This clause was inserted by Mah. 36 of 1965, s. 8(1). 8 These words were substituted for the words “five years” by Mah. 54 of 2018, s. 6(ii). 24 The Maharashtra Village Panchayats Act [1959 : III
(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 1[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] 2[(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 3[(j-1) has more than two children :
Provided that, a person having more than two children on the date of commencement of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1995 (Mah. XLIV of 1995/2000), (hereinafter in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase :
Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause ; or] 4[(j-2) has been elected as a Councillor of the Zilla Parishad or as a member of the Panchayat Samiti ; or] 5[(j-3) has encroached upon the Government land or public property ; or] 6[(j-4) has been disqualified by the State Election Commission under section 14B ; or] 7[(j-5) fails to submit a certificate of the concerned panchayat, alongwith the resolution of the Gram Sabha 8[or of the chief Executive Officer or an Officer designated by him; or a self certificate] 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 it or he has no such toilet but regularly uses the public toilet : 9[Provided that, no member of a panchayat shall be disqualified under this clause, if he submits such certificate to the Block Development Officer, within a period of one year from the 10th January 2011, being the date of commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010 (Mah. XXXIII of 2010):]] 1 These words were substituted for the portion beginning with the words “within three months” and ending with the words and figures “section 129; or” by Mah. 36 of 1965, s. 8(2). 2 Clause (h-1) was inserted by Mah. 13 of 1975, s. 4(b). 3 Clause (j-1) was inserted by Mah. 44 of 2000, s. (2)(a). 4 This clause was inserted by Mah. 28 of 2003, s. 3. 5 This clause was inserted by Mah. 38 of 2006, s. 4. 6 This clause was inserted by Mah. 16 of 2010, s. 2. 7 This clause was inserted by Mah. 33 of 2010, s. 2. 8 These words were inserted by Mah. 28 of 2017, s. 2. 9 This proviso was substituted for the existing proviso by Mah. 39 of 2011, s. 2(a), w.e.f. 10th January 2011. 1959 : III] The Maharashtra Village Panchayats Act 25 1[Provided further that, nothing contained in this clause shall affect the member holding office on the 10th January 2011, who has not submitted the certificate within a period of ninety days from the said date, as required under the provisions of this Act, as amended by the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010 (Mah. XXXIII of 2010); and he shall not be deemed to be disqualified and shall continue to hold his office for a period of one year from the said date, unless he is disqualified under any other provisions of this Act or any other law for the time being in force ; or]
(k) is disqualified under any other provisions of this Act, and the period for which he was so disqualified has not elapsed.
Explanation 1.— A person shall not, by reason only of his being a shareholder in or a member of, any incorporated or registered company or a co-operative society registered under any law for the time being in force in the 2[State of Maharashtra] be held to be interested in any contract entered into between the company or co-operative society and the panchayat. 3[Explanation 1A.— A person shall not be disqualified under clause (g) by reason only of such person,—
(i) having a share or a interest in any newspaper in which any advertisement relating to the affairs of the panchayat is inserted ; or
(ii) having a share or a interest in the occasional sale to the panchayat of any article in which he regularly trades, or in the purchase from the panchayat of any article, of a value in either case not exceeding in any financial year two hundred rupees ; or
(iii) having a share or interest in the occasional letting out on hire to the panchayat or in the hiring from the panchayat of any article for an amount not exceeding in any financial year twenty-five rupees or such higher amount not exceeding one hundred rupees, as the panchayat, with the sanction of the Collector may fix in this behalf ; or
(iv) having any share or interest in any lease for a period not exceeding ten years, of any immovable property or in agreement for the same; and before such lease or agreement is executed, the Block Development Officer certifies that no other suitable premises were available to the panchayat on lease.]
Explanation 2.— For the purpose of clause (h)—
(i) a person shall not be deemed to be disqualified if he has paid the amount of any tax or fee due, prior to the day prescribed for the nomination of candidates ;
(ii) failure to pay any tax or fee due to the panchayat by a member of an undivided Hindu family, or by a person belonging to a group or unit the members of which are by custom joint in estate or residence, shall be deemed to disqualify all members of such undivided Hindu family or as the case may be all the members of such group or unit. 4[Explanation 3.— For the purposes of clause (i), a Police-patil appointed under section 5 of the Maharashtra Village Police Act, 1967 (Mah. XLVI of 1967), shall be deemed to be a servant of Government.] 5[Explanation 4.— For the purposes of clause (g), a person shall not be deemed to have any share or interest in any employment by reason only of any relation of his being employed with or under a panchayat, as an officer or servant thereof.] 6[Explanation 5.— For the purpose of clause (j-1),—
(i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity ; 1 This proviso was added by Mah. 39 of 2011, s. 2(b). 2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3 This Explanation was inserted by Mah. 36 of 1965, s. 8(3). 4 This Explanation was substituted for the original by Mah. 13 of 1975, s. 4(c). 5 This Explanation was inserted by Mah. 34 of 1970, s. 3. 6 This Explanation was added by Mah. 44 of 2000, s. 2(b). 26 The Maharashtra Village Panchayats Act [1959 : III
(ii) “child” does not include an adopted child or children.] 1[* * * * *] 2[14A. Disqualification arising out of certain convictions and corrupt practices under this Act.— If any person—
(a) is convicted of an offence punishable under section 153A or section 171E or 171F or sub-section (2) or sub-section (3) of section 505, of the Indian Penal Code (XLV of 1860), or of an offence punishable under section 24, or clause (a) of sub-section (2) of section 25, of this Act ; or
(b) is upon trial of an election petition under section 15 of this Act, found guilty of any corrupt practice, he shall be disqualified for being elected, or for continuing as a member, or for voting at any election to a panchayat, unless a period of six years from the date of the conviction or from the date on which a declaration that the candidate is disqualified is made under sub-section (5) of section 15 of this Act, or such lesser period which the State Government may allow in any particular case has elapsed.] 3[14B. Disqualification by State Election Commission.— (1) If the State Election Commission is satisfied that a person,—
(a) has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and
(b) has no good reason or justification for such failure, the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a member of panchayat or for contesting an election for being a member for a period of five years from the date of the order.
(2) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1) or reduce the period of any such disqualification.]
15. Determination of validity of elections ; enquiry by Judge; procedure.— (1) If the validity of any election of a member of a panchayat is brought in question by 4[any candidate at such election or by] any person qualified to vote at the election to which such question refers 5[such candidate or person] may, at any time within fifteen days after the date of the declaration of the result of the election, apply 6[* * * * * *] to the Civil Judge (Junior Division) and if there be no Civil Judge (Junior Division) then to the Civil Judge (Senior Division) (hereinafter, in each case referred to as “the Judge”) having ordinary jurisdiction in the area within which the election has been or should have been held for the determination of such question.
(2) An enquiry shall thereupon be held by the Judge and he may after such enquiry as he deems necessary pass an order, confirming or amending the declared result, or setting the election aside. For the purposes of the said enquiry the said Judge may exercise all the powers of a civil court, and his decision shall be conclusive. 7[If the election is set aside, a date for holding a fresh election shall forthwith be fixed under 8[section 11 or section 30A-1A, as the case may be.]]
(3) All applications received under sub-section (1)— 1 These sub-sections (2) and (3) were deleted by Mah. 37 of 2006, s. 3. 2 Section 14A was inserted by Mah. 13 of 1975, s. 5. 3 Section 14B was inserted by Mah. 16 of 2010, s. 3. 4 These words were inserted by Mah. 36 of 1965, s. 9(1). 5 These words were substituted for the words “such person” by Mah. 36 of 1965, s. 9(1). 6 The portion from “(a) in the Hyderabad area” to “transferred territories” was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960. 7 This portion was added by Mah. 36 of 1965, s. 9(2). 8 These words, figures and letters and sign were substituted for the word and figures “section 11” by Mah. 42 of 2022, s. 3. 1959 : III] The Maharashtra Village Panchayats Act 27
(a) in which the validity of the election of members to represent the same ward is in question, shall be heard by the same Judge ; and
(b) in which the validity of the election of the same member elected to represent the same ward is in question, shall be heard together.
(4) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), the Judge shall not permit (a) any application to be compromised or withdrawn or (b) any person to alter or amend any pleading unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bona fide and not collusive.
(5) (a) If on holding such enquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of sub-section (6) 1[* * *] he shall declare the candidate disqualified for the purpose of that election and of such fresh election as may be held under 2[sub-section (2)] and shall set aside the election of such candidate if he has been elected.
(b) If, in any case to which clause (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected :
Provided that, for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person known or unknown, in giving or obtaining it :
Provided further that, after such computation if an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall be added to total number of valid votes found to have been received in favour of such candidate or candidates, as the case may be, selected by lot drawn in the presence of the Judge in such manner as he may determine.
(6) A person shall be deemed to have committed a corrupt practice—
(a) who, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration, or holds out any promise of individual profit, or holds out any threat of injury to any person, or
(b) who with a view to inducing any person to stand or not to stand or to withdraw from being a candidate at an election, offers or gives any money or valuable consideration or holds out any promise of individual profit or holds out any threat of injury to any person, or
(c) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter (other than the person himself, the members of his family or his agent) to and from any polling station :
Provided that, the hiring of a vehicle or vessel by a votor or by several voters at their joint cost for the purpose of conveying him or them to or from any such polling station shall not be deemed to be corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power :
Provided further that, the use of any public transport vehicle or vessel or any tram car or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation 1.— A corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election. 1 The words “or submitted a false claim or false caste certificate” were deleted by Mah. 37 of 2006, s. 4. 2 These words, brackets and figure were substituted for the word and figures “section 17” by Mah. 36 of 1965, s. 9(3). 28 The Maharashtra Village Panchayats Act [1959 : III
Explanation 2.— “A promise of individual profit” does not include a promise to vote for or against any particular measure which may come before a panchayat for consideration, but subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.
Explanation 3.— The expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise, and whether used for drawing other vehicle or otherwise. 1[(7) If the validity of any election is brought in question only on the ground of an error made by the Officer charged with carrying out the rules made in this behalf under section 176 read with sub-section (2) of section 10 and section 11, or of an irregularity or informality not corruptly caused, the Judge shall not set aside the election.] 2[15A. Bar to interference by courts in electoral matters.— No election to any panchayat shall be called in question except in accordance with the provisions of section 15; and no court other than the Judge referred to in that section shall entertain any dispute in respect of such election.]
16. Disability from continuing as member.— (1) If any member of a panchayat,—
(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, he shall be disabled from continuing to be a member, and his office shall become vacant.
(2) 3[If any question whether a vacancy has occurred under this section is raised by the Collector suo motu or on an application made to him by any person in that behalf, the Collector shall decide the question as far as possible within sixty days from the date of receipt of such application. Until the Collector decides the question, the member shall not be disabled under sub-section (1) from continuing to be a member.] Any person aggrieved by the decision of the Collector may, within a period of fifteen days from the date of such decision, appeal to the 4[Commissioner], and the orders passed by the 5[Commissioner] in such appeal shall be final :
Provided that, no order shall be passed under this sub-section by the Collector against any member without giving him a reasonable opportunity of being heard.
17. [Fresh election if election or appointment is invalid.] Deleted by Mah. 36 of 1965, s. 11.
18. Prohibition of canvassing in or near polling stations.— (1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred yards of the polling station, namely :—
(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.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. 1 Sub-section (7) was added by Mah. 34 of 1970, s. 4. 2 Section 15A was inserted by Mah. 21 of 1994, s. 11. 3 This portion was substituted for the portion beginning with the words “In every case” and ending with the words “from continuing to be a member” by Mah. 36 of 1965, s. 10. 4 This word was substituted for the words “State Government” by Mah. 54 of 2018, s. 8. 5 This word was substituted for the words “State Government” by Mah. 54 of 2018, s. 8. 1959 : III] The Maharashtra Village Panchayats Act 29
(3) An offence punishable under this section shall be cognizable.
19. Penalty for disorderly conduct in or near polling station.— (1) No person shall, on the date or dates on which a poll is taken at any polling station,—
(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 loud-speaker, 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.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.
20. Penalty for misconduct at polling station.— (1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
(4) An offence punishable under sub-section (3) shall be cognizable.
21. Maintenance of secrecy of voting.— (1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.
22. Officers, etc. at elections not act for candidates or influence voting.— (1) No person who is a returning officer, or a presiding or polling officer at an election or an officer or a clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of his vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a Police force, shall endeavour—
(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. 30 The Maharashtra Village Panchayats Act [1959 : III
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
23. Breaches of official duty in connection with elections.— (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with the maintenance of the list of voters, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an elections; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
24. Removal of ballot papers from polling stations to be offence.— (1) Any person who, at any election, fraudulently takes, or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :
Provided that, when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
25. Other offences and penalties therefor.— (1) A person shall be guilty of an offence if, at any election, he—
(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 of 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.
(2) Any person guilty of an offence under this section shall—
(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 wit