Section 49 in The Maharashtra Village Panchayats Act, 1959
49. [ Village Development Committees.] [These sections were substituted for section 49 by Maharashtra 23 of 2003, Section 3.]
(1)A Gram sabha may, in consultation with the panchayat, from amongst the members of the panchayat, representatives of community based organizations working in the panchayat area, village level functionaries of panchayat, Zilla Parishad State Government and voters, constituted one or more Village Development Committees, by whatever name called.(2)The term of such committee shall be co-terminus with the term of the panchayat.(3)Such committees shall exercise such powers, discharge such duties and perform such functions of the panchayat, as may be delegated or assigned to them by the Gram sabha in consultation with the panchayat, relating to the subjects and activities enumerated in Schedule I and such other works and activities related to or associated with the panchayat as may be entrusted by the Gram sabha, Zilla Parsihad, Government or any other competent authority to the panchayat, from time to time. The Gram sabha may, subject to the general supervision and control of panchayat, regulate the procedure of such committees.(4)The total number of the members in a Village Development Committee shall not be less than twelve and not more than twenty four:Provided that-(a)not less than one-third of its members shall be from amongst the members of the panchayat;(a1)[ the Sarpanch shall be the ex officio Chairman ;] [Inserted by Maharashtra Act No. 54 of 2018, dated 13.8.2018.](b)not less than one-half of its members shall be women; and(c)such number of members, as may be specified by the Government in that behalf, shall be from the Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes (hereinafter referred to as the "vulnerable class"):Provided further that, the strength of the women members of the vulnerable class members on the Village Development Committee shall be not less than three-fourths of the total strength of such committee members, when such committee is constituted for the purpose of an activity, scheme or utility exclusively for the benefit of women or, as the case may be, for the vulnerable class;(d)the Gram sabha shall ordinarily nominate such women members to the Village Development Committee is recommended by village Mahila Mandal or a Grapi Sabha of the women voters specially called for the purpose, unless it has sufficient reason, to be recorded in the proceedings, to reject any such recommendation;(e)the Gram sabha, in its discretion, may give preference to the members of the village level institutions, if any, like Mahila Mandats, Youth Clubs, etc.;(f)the Gram sabha may, also invite any village level Government, semi-Government, Zilla Parishad officials or employees working in the village, such as teachers, talathis, anganwadi sevikas, village water men, village health workers, to attend any meeting or meetings of the Village Development Committee, as a special invitee for the purpose of assisting or advising it on any matter or matters.(g)[ Gramsevak shall be ex officio Member- Secretary .] [Inserted by Maharashtra Act No. 54 of 2018, dated 13.8.2018.]Such special invitee may take part in the deliberations in the meeting but, shall have no right to vote in such meeting.(5)The Village Development Committee constituted under sub-section (1) shall be deemed to be committee of the panchayat and shall be under overall supervision and control of the panchayat. The administrative machinery of the panchayat shall assist such committee as it assists the panchayat.(6)The annual statement of accounts and proceedings of the Village Development Committee shall be kept and managed separately for day-to-day convenience but shall form an integral part of the panchayat record, accounts and proceedings, and shall be presented through the panchayat in the meeting of the Gram sabha specially cqlled for the purposes of approving annual budget and passing of the annual accounts of the panchayat.(7)The panchayat shall normally not exercise the powers, discharge the duties and perform the functions entrusted to the Village Development Committee by the Gram sabha unless, so resolved by the Gram sabha in a extra-ordinary circumstances to be mentioned and approved by the majority of not less than two-third of the members present and voting, in a meeting specially called for the purpose of withdrawing such powers, duties and functions of the Village Development Committee, and allowing the panchayat to take over the same.(8)(a)The members of the Village Development Committee, once appointed, shall not be removed or withdrawn before the completion of their term as provided in sub-section (2) except,-(i)by an express resolution passed by the Gram sabha in a special meeting duly called for the purpose, or(ii)when such member suffers from any of the disqualification specified in section 14 for the members of the panchayats;(b)Any vacancy caused by the death, resignation, removal or withdrawal, or otherwise disqualification of a member of the Village Development Committee, shall be filled up as provided under sub-section (1) read with sub-section (2) and (4).(9)On constitution of a new panchayat, the Village Development Committee shall re-constituted within forty-five days of the constitution of the new panchayat:Provided that, there shall be no bar for the members of the previous committee to be re-appointed on the new committee, if otherwise eligible.
