Section 10 in The Maharashtra Village Panchayats Act, 1959
10. Constitution of Panchayats.
(1)[* * * *] [The portion Beginning with the words 'Subject to' and ending with this words 'in this behalf' was deleted by Maharashtra 52 of 1994, Section 2(a).](a)[ A panchayat shall consist of,] [Clause (a) was substituted for the original by Maharashtra 6 of 1975, Section 50, Schedule.]-(i)such number of members not being less than seven and not more than [seventeen as the [State Government may prescribe] [These words were substituted for the words 'fifteen as the Collector may determine', by Maharashtra 21 of 1994, section 5(1)(a)(i).] who shall be elected in accordance with section 11:][Provided that, the ration 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] [This proviso was added by Maharashtra 52 of 1994, Section 5(1)(a)(ii).].[* * * *] [Sub-clause (ii) and the Explanation thereto were deleted by Maharashtra 52 of 1994, Section 5(1)(a)(iii).](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 [in the prescribed manner by the State Election Commission or an officer authorised by it.] [These words were substituted for the words 'By the Collector in the prescribed manner' by Maharashtra 52 of 1994, section 5(1)(b)(i).]:[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.] [This proviso was added by Maharashtra 21 of 1994, Section 5(1)(b)(ii).](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 modifications that, in sub-section (1), in clause (a), before subclause (i) the following sub-clause shall be inserted, namely :-"(i-A) Sarpanch elected under section 30A-1A- ex officio member ; and ".](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]:[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)] [These provisos were inserted by Maharashtra 40 of 1997 Section 3(a)(i)]:[Provided also that] [These words were substituted for the words 'Provided' by Maharashtra 40 of 1997, Section 3(a)(ii).], [one-half of the total number of seats] [These words were substituted for the words 'one third of the total number of seats' by Maharashtra 19 of 2011, section 2(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;(c)the seats to be reserved for persons belonging to the category of Backward Class of Citizens shall be 27 per cent of the total number of seats to be filled in by election in a 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 persons belonging to the Backward Class of citizens shall be 27 per cent of the seats remaining, if any, after reservation of the seats for the Scheduled Tribes and the 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 clause (c)] [These provisos were inserted by Maharashtra 40 of 1997, section 3(b)(i).]:[Provided also that] [These words were substituted for the words 'Provided that' by Maharashtra 40 of 1997, section 3(b)(ii).], [one-half of the total number of seats] [These words were substituted for the words 'one third of the total number of seats' by Maharashtra 19 of 2011, section 2(b), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the category of Backward Class of citizens;(d)[one-half] [These words were substituted for the words 'one third' by Maharashtra 19 of 2011, Section 2(c), (w.e.f. 21-4-2011).] (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 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.](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.] [Sub-section (3) was substituted by Maharashtra 36 of 2001, Section 2](4)Notwithstanding anything in sub-section (1) where two-thirds or more of the total number of members required to be elected [under sub-clause (i) of clause (a) of sub-section (1)] [These words, brackets, letter and figure were inserted by Maharashtra 6 of 1975, Schedule.] are elected, failure to elect the remaining members shall not affect constitution of the panchayat.[10(1A). Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate. [Section 10-1A was Inserted by Maharashtra 37 of 2006, Section 2 (w.e.f. 21.12.2006).]- 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:] [Sub-sections (2) and (2A) were substituted by Maharashtra 21 of 1994, Section 5(2).][Provided that, for the General or by-elections for which the last date of filing of nomination falls on or before the 30th June 2019, in accordance with the election programme declared by the State Election Commission, 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 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 member.] [Substituted by Maharashtra Act No. 24 of 2018, dated 28.3.2018.][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.]
