Section 42 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
42. [ Election of President and Vice-President. [Section 42 was substituted by Maharashtra 1 of 1993, Section 2.]
] - (1) Every Zilla Parishad shall be presided over by a President, who shall, subject to the provisions of sub-section (2), [and (3)] [This word, brackets and figures were substituted for the brackets, figures and words '(3) and (4)' by Maharashtra 21 of 1994, Section 48(1)(a).] be elected [by, and from amongst, the elected Councillor of Zilla Parishad] [These words were substituted for the words 'by the Parishad from amongst its elected, Councillors' by Maharashtra 21 of 1994, Section 48(1)(b).], The Zilla Parishad shall also likewise elect one of its elected Councillor to be the Vice-President.(2)No Councillor [* * * *] [The portion beginning with the words 'including' and ending with the figures '1992' was deleted by Maharashtra 21 of 1994, Section 48(2).] shall be or shall continue to be, President or Vice-President if he has held any such office of the President or Vice-President of any Zilla Parishad for a period of more than ten years in the aggregate.(3)If a Councillor,-(a)is a Chairman of any specified Co-operative Society or of any labour contract Co-operative Society and is elected as President or Vice-President; or(b)is a President or Vice President and is elected as Chairman of any such Co-operative Society as aforesaid;then such Councillor shall intimate in writing his option within seven days of his election as such President or Vice-President or as the case may be, Chairman of such Co-operative Society, to the Collector as to which of the offices he wishes to continue or accept; and thereupon the office which he does not wish to serve shall, notwithstanding anything contained in this Act or in the Maharashtra Co-operative Societies Act, 1960, or the rules made thereunder or the bye-laws of any society, become vacant. An intimation so given shall be, irrevocable. In default of such intimation within the aforesaid period, the office to which he is so elected shall become vacant.(4)[] [These sub-sections were substituted for sub-section (4) by Maharashtra 21 of 1994, Section 48(3).] There shall be reservation in the office of the President in the Zilla Parishad for the members belonging to the Scheduled Castes, the Scheduled Tribes, the category of Backward Class of citizens and women as follows -(a)the number of offices of Presidents to be reserved for the Scheduled Castes and the Scheduled Tribes in the Zilla Parishads shall bear as nearly as may be, the same proportion to the total number of such offices in the Zilla Parishads as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State [excluding the population of the Scheduled Tribes in a Zilla Parishad comprising entirely the Scheduled Areas] [These words were inserted by Maharashtra 20 of 1997, Section 4(a).] bears to the total population of the State:[Provided that, the office of the President of a Zilla Parishad comprising entirely the Scheduled Areas shall be reserved only for the persons belonging to the Scheduled Tribes;Provided further that, the office of the President of a Zilla Parishad falling only partially in the Scheduled Areas shall be reserved for the persons belonging to the Scheduled Tribes in accordance with the provisions of clause (a):] [These provisos were added by Maharashtra 20 of 1997, Section 4(b).][Provided also that] [These words were substituted for the word 'Provided that', by Maharashtra 20 of 1997, Section 4(c).], [one-half of the total number of offices] [These words were substituted for the words 'one-third of the total number of offices' by Maharashtra 19 of 2011, section 5(1)(a), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :[Provided also that, in a Zilla Parishad in the Scheduled Areas where the population of the Scheduled Tribes is more than fifty per cent of the total population, the office of the President shall be reserved only for the persons belonging to the Scheduled Tribes.] [This proviso was added by Maharashtra 27 of 2003, Section 5.](b)the offices of Presidents to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of such offices in the Zilla Parishads :Provided that, [one-half of the offices] [These words were substituted for the words 'one-third of the offices' by Maharashtra 19 of 2011, Section 5(1)(b), (w.e.f. 21-4 2011).] so reserved shall be reserved for women belonging to the category of Backward Class of citizens;(c)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 19 of 2011, Section 5(1)(c), (w.e.f. 21-4-2011).] of total number of offices of Presidents (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the category of Backward Class of citizens) in the Zilla Parishads shall be reserved for women.(5)[* * * *] [[Sub-section (5) was deleted by Maharashtra 19 of 2011, Section 5(2), (w.e.f. 21-4-2011).Prior to deletion read as under:(5)Where the number of offices reserved under clause (a), (b) or (c) of sub-section (4) is only two, one of the two offices shall be reserved for women belonging to any such reservation as referred to in the respective clause.]](6)The number of offices reserved as aforesaid shall be allotted by rotation to different Zilla Parishads in the prescribed manner.(6A)[ Every person desirous of contesting election to the office of the President reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit along with 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] [Sub-section (6A) was inserted by Maharashtra 5 of 2009, Section 5.],[Provided that, for the elections for the post of President for which the last date of filing of nomination falls on or before the 30th June 2019, in accordance with the election programme declared, 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 preferred 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 within a period of [twelve months] from the date on which he is declared elected, the Validity Certificate issued by the Scrutiny Committee:Provided further that, if such person fails to produce the Validity Certificate within a period of [twelve months] [Substituted 'six months' by Maharashtra Act No. 66 of 2018, dated 14.12.2018.] 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 President.] [Substituted by Maharashtra Act No. 30 of 2018, dated 9.4.2018.][Provided also that, in respect of the undertaking filed by any person under clause (ii) of the first proviso, before the date of commencement of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018, the period of " six months " specified in such undertaking shall be deemed to have been substituted as " twelve months.] [Added by Maharashtra Act No. 66 of 2018, dated 14.12.2018.](7)The reservation of offices of Presidents (other than the reservation for women] shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.
