Section 100 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
100. Administrative powers and duties of Zilla Parishad.
(1)(a)It shall be the duty of a Zilla Parishad so far as the district fund at its disposal will allow, to make reasonable provision within the District with respect to all or any of the subjects enumerated in the first Schedule as amended from time to time under sub-section (2) (in this Act referred to as "the District List") and to execute or maintain works or development schemes in the District relating to any such subjects.(b)Subject to the provisions of this sub-section, the State Government shall, by Notification in the Official Gazette, transfer to the Zilla Parishad all such completed works or development schemes in relation to any subject enumerated in the District List, and may, in like manner, transfer to the Zilla Parishad also such like works and development schemes as are in progress.(c)On such transfer, the works and development schemes shall vest in the Zilla Parishad, but subject to such terms and conditions [which may, with the consent of a Zilla Parishad be modified from time to time] [These brackets and words were inserted by Maharashtra 43 of 1964, Section 19(a).] as may be specified in the notification under clause (b):Provided that, on breach of any of the terms and conditions, the property vesting in the Zilla Parishad shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof:[Provided further that, if in the opinion of the State Government, it is necessary that any works or development schemes transferred as aforesaid should be managed, maintained or executed by the State Government itself [or any property appertaining to any such works or development schemes transferred as aforesaid is required by the State Government,] [This proviso was added by Maharashtra 43 of 1962, Section 14(a).] the State Government may, by notification in the Official Gazette, direct that the works or development schemes, [or, as the case may be, property appertaining to such works or development schemes] [These words were inserted by Maharashtra 32 of 1964, Section l9(b)ii).] specified in the notification shall, with effect from such date and subject to any terms and conditions as may be agreed upon between the State Government and the Zilla Parishad and mentioned therein, cease to vest in the Zilla Parishad and revest in the State Government:][Provided also that, if in the opinion of the State Government, it is necessary that any work or development scheme transferred as aforesaid should be discontinued the State Government may, by notification in the Official Gazette, direct that the work or development scheme or any property appertaining to any such work or development scheme specified in the notification shall with effect from the date mentioned therein, cease to vest in the Zilla Parishad and revest in the State Government:] [This proviso was added by Maharashtra 6 of 1975, Section 32(a).][(c-a1) (A) Notwithstanding anything contained in clause (a), read with entries 58 and 59 in the First Schedule, a Zilla Panshad may, with the assistance of grant-in-aid provided by the State Government, undertake, through the State agencies execution of piped water supply schemes (including works), with a net capital cost of rupees one lakh or more for each such scheme. [This clause was inserted by Maharashtra 56 of 198), Section 2.](B)When the State Government undertakes a piped water supply scheme, the net capital cost of which is rupees one lakh or more, in pursuance of a resolution passed by a Zilla Parishad requesting the State Government to arrange for execution of such scheme and undertaking to take over the scheme within a specified period, it shall be the duty of the Zilla Parishad to take over such scheme for operation and maintenance within the specified period. Where any such scheme was completed, but was not taken over by the Zilla Parishad before the date of commencement of the Maharashtra Zilla Parishad and Panchayat Samitis and Bombay Village Panchayats (Amendment) Act, 1981, the Zilla Parishad shall take it over within thirty days from the said date, which shall be the period specified for such scheme, and where any scheme is completed after the said date the Zilla Panshad shall take it over within such period as may be specified by the State Government.][(c-1) Notwithstanding anything contained in clauses (b) and (c) of this section, any officer of the State Government authorised under section 127 of this Act may visit the establishment or office of any person who is benefited by any work or development scheme transferred to a Zilla Parishad tinder this section or inspect the record, or audit the accounts, or such person and, if necessary, give appropriate directions for compliance by such persons.] [Clause (c-1) was inserted by Maharashtra 6 of 1975, Section 32(b)](d)All rights and liabilities which were enforceable by or against the State Government in relation to the works or Schemes [transferred under clause (b)] [These words were by Maharashtra 34 of 1966 Section 5(a).] under any contract or agreement or otherwise shall be enforceable by or against the Zilla Parishad [and all rights and liabilities which were enforceable by or against the Zilla Parishad, in relation to the works or schemes or property appertaining thereto revested in the State Government under the [second and third proviso] [This portion was added by Maharashtra 34 of 1966, Section 5(b).] to clause (c), under any contract or agreement or otherwise shall be enforceable by or against the State Government.](e)[ Subject to any general or special orders which may be made by the State Government in this behalf, every Zilla Parishad may give every year to any Panchayat Samiti within its jurisdiction a grant for carrying out or maintaining any works or development schemes, of such types as the Zilla Parishad may specify in this behalf, regard being had to the subjects enumerated in the Second Schedule.] [Sub-clause (e) was added by Maharashtra 21 of 1968, section 9.](2)The State Government may, by notification in the Official Gazette, omit any entry from the First Schedule or add any entry thereto or amend any such entry, and the Schedule shall, on the issue of the notification, be deemed to be so amended accordingly:Provided that-(a)no such notification omitting any entry from the First Schedule shall be issued without the previous approval of the State Legislature; and(b)any other notification shall be laid before each House of the State Legislature as soon as may be after it is issued, and shall be subject to such modifications as the State Legislature may make during the session in which it is so laid and publish in the Official Gazette.(3)A Zilla Parishad may also make provision for carrying out within the District any other work or measure which is likely to promote the health, safety, education, comfort, convenience, or social, economic or cultural well-being of the inhabitants of the District.(4)The Zilla Parishad shall endeavour to promote planned development of the District by utilising to the maximum extent, local resources and for that purpose prepare annual and long-term plans, regard being had to the plans already prepared by the Panchyat Samitis.(5)Subject to the rules made by the State Government in this behalf, a Zilla Parishad may, by resolution passed at its meeting and supported by [not less than two-third] [These words were substituted for the words 'two-third' by Maharashtra 43 of 1962, Section 14(b).] of the total number of its Councillors (other than associate Councillors), make provision for any public reception, ceremony of entertainment within the District or may contribute towards a gathering sponsored by the Zilla Parishad in the District.(6)A Zilla Parishad shall, in relation to measures for the amelioration of the conditions of the Scheduled Castes and Scheduled Tribes and of any socially and educationally backward classes and in particular in the removal of untouchability, carry out the directions given or orders issued from time to time by the State Government and the Zilla Parishad shall provide adequate sums for the purpose.(7)A Zilla Parishad shall perform such of the duties and functions as are entrusted to it by or under any other law for the time being in force.(8)A Zilla Parishad may incur expenditure outside the District [on any work of development scheme transferred to it under this Act, within the revenue district of which the District forms part] [These words were substituted for the portion beginning with 'on any matter in relation to' and ending with 'of the District' by Maharashtra 35 of 1963, Section 43.],(9)It shall be the duty of a Zilla Parishad to make adequate provisions for payment to Councillors, members of Panchayat Samiti and members of the Standing Committee, Subjects Committees and any other Committee all expenses incurred on travelling for the purpose of business of the Zilla Parishad or as the case may be, the Panchayat Samiti, in accordance with rules made by the State Government in this behalf.(10)A Zilla Parishad may contribute to any fund sponsored by Government to meet any calamity affecting the public in any part of India.Explanation.- If any doubt arises whether a fund is sponsored by Government or not, the question shall be decided by the Commissioner, and his decision shall be final.(11)Subject to the provisions of this Act, a Zilla Parishad shall exercise general supervision and control over the work of the Chief Executive Officer.
