Section 45 in The Maharashtra Village Panchayats Act, 1959
45. Administrative powers and duties of panchayats.
- [(1) Subject to the general control of the Zilla Parishad and the panchayat Samiti it shall be the duty of a panchayat so for as the village fund and its disposal will allow to make reasonable provision within the village with respect to all or and of the subjects enumerated in Schedule I as amended from time to time under sub-section (2) (in this Act referred to as "the Village List". [It shall also be the duty of a panchayat, when the Zilla Parishad or the State Government undertakes and completes, through its agencies, any piped water-supply schemes (including works), at the request of the panchayat, to take over and maintain [out of the Village Water-Supply Fund constituted under section 132B] [Sub-sections (1), (2), (2A) and (2(3) were substituted for the original sub-sections (1) and (2) by Maharashtra 36 Of 1965, Section 24.] such water-supply schemes, whether completed before or after the date of commencement of the Maharashtra Zilla Panshads and Panchayat Samitis and Bombay Village panchayats (Amendment) Act, 1981. Where any such schemes were completed and were not taken over by the panchayat before the said date, the panchayat shall take them over within thirty days from the said date, which shall be the period specified for such schemes, and where any such schemes are completed after the said date the panchayat shall take them over within such period as may be specified by the Zilla Parishad or the State Government, as the case may be.](2)The State Government may, by notification in the Official Gazette, omit any entry from Schedule I or add any entry thereto or amend any such entry and the Schedule shall, on the issue of the notification, be deemed to be amended accordingly:Provided that,-(a)no such notification omitting any entry from Schedule I shall be issued without the previous approval of the State Legislature; and(b)any other notification shall be laid before each House of the State Legislature as soon as may be after it is issued and shall be subject to such modification as the State Legislature may make, during the session in which it is so laid, and publish in the Official Gazette.(2A)A panchayat may, with the previous sanction of the President of the Zilla Parishad, also make provision for carrying out, outside the village any work in the nature specified in Schedule I; and subject to any directions made by the State Government in that behalf, may also incur expenditure outside the village in respect of any scheme or for any purpose sponsored by the Government.(2B)A panchayat may, by resolution [and subject to the prescribed limits, give grant-in-aid to any institution (whether situated within or outside the village but not outside the limits of the revenue taluka within which the panchayat functions) in respect of matters falling entries 17, 18, 19, 20, 22 and 23 of that Schedule provided that the institution serves the needs of the village, and to any person in respect of matters falling in entry 23 of the said Schedule;] [This portion was substituted for the portion beginning with 'give grant-in-aid' and ending with 'Schedule I' by Maharashtra 13 of 1975, Section 14(1)(a).] or contribute to any fund sponsored by the Government for the purpose referred to in entry 75 of that Schedule. If any doubts arises [whether or not the institution serves the needs of the village, or] [These words were inserted by Maharashtra 13 of 1975, Section 14(1)(b)] whether or not the fund is sponsored by the Government, the question shall be decided by the Collector, and his decision shall be final:Provided that, such grant-in-aid shall not be paid out of any grant made to the panchayat by the State Government or Zilla Parishad or Panchayat Samiti.](3)A panchayat may also make provision for carrying out within the village any other work or measure which is likely to promote the health, safety, education, comfort, convenience, or social or economic or cultural well being of the inhabitants of the village.(4)A panchayat may by resolution passed at its meeting and supported by two-thirds of the whole number of its members make provision for any public reception, ceremony or entertainment within the village or may make contribution towards an annual gathering or such other gathering of panchayats in the district or the State:[Provided that, no panchayat shall incur expenditure on any such reception, ceremony, entertainment or gathering exceeding such amount as the State Government may, from time to time, by notification in the Official Gazette, determine and that, different amounts may be determined for different class or category or panchayats, with reference to their annual income.] [This proviso was substituted by Maharashtra 31 of 1994, Section 2.](5)If it comes to the notice of a panchayat that on account of the neglect of a landholder or dispute between him and his tenant the cultivation of this estate has seriously suffered, the panchayat may bring such fact to the notice of the Collector.(6)A panchayat shall with regard to the measures for the amelioration of the condition of Scheduled Castes and Scheduled Tribes and Other Backward Classes and in particular, in the removal of untouchability carry out the directions or orders given or issued in this regard from time to time by the State Government, the Collector or any officer authorized by the Collector.(6A)[ A panchayat shall endeavour to make use of voluntary organizations [of farmers of the village] [Sub-sections (6A) to (6C) were inserted by Maharashtra 5 of 1962, Section 286, Tenth Schedule,], and shall encourage co-operative societies [therein] [This word was inserted by Maharashtra 35 of 1963.] in increasing and improving agricultural production.(6B)[ A panchayat established for village (being a village comprising either a group of revenue villages or hamlets or wadis or any area called by an other designation forming a revenue village or forming part of a revenue village) shall execute works and development schemes in such village so however that in each such revenue village, hamlet, wadi or area or part thereof, the village fund is spent so far as may be practicable on the works and development schemes in proportion to the population of such revenue village or hamlet, wadi or area.] [Sub-section (6B) was substituted by Maharashtra 13 of 1975, Section 14(2).](6C)A panchayat shall supervise primary school situate within the area of its Jurisdiction.](6D)[ A panchayat shall be obtain permission of the Gram sabha for incurring any expenditure on the development schemes.(6E)A panchayat shall be consulted by the concerned Land Acquisition Authority, before such Authority acquires any lands falling within the jurisdiction of that panchayat, for the Government purpose:Provided that, every panchayat shall obtain and consider the views of Gram sabha before conveying its views to the Land Acquisition Authority concerned.] [These sub-section were inserted by Maharashtra 3 of 2003, Section 4.](7)A panchayat shall perform such other duties and functions as are entrusted to it by any other law for the time being in force.[* * * *] [Section 45A was deleted by Maharashtra 27 of 2003, Section 3.]
