¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

RURAL DEVELOPMENT DEPARTMENT

Bandhkam Bhavan, 25, Marzban Path, Fort,

Mumbai 400 001, dated the 16th April 2018.

MAHARASHTRA ORDINANCE No. VIII OF 2018.

AN ORDINANCE

further to amend the Maharashtra Village Panchayat Act.

WHEREAS the Governor of Maharashtra had promulgated the Maharashtra

Village Panchayats (Amendment) Ordinance, 2017 (hereinafter referred to as “the

said Ordinance”) on the 19th July 2017 ;

AND WHEREAS the Maharashtra Village Panchayats (Amendment) Bill, 2017

(L.A. Bill No. LVI of 2017) (hereinafter referred to as “the said Bill”) for converting the

said Ordinance into an Act of the State Legislature, was introduced in the

Maharashtra Legislative Assembly on the 10th August 2017 ;

Mah.

Ord. XVI

of 2017.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 4, +ÆEò 31]

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[ {ÉÞ¹`äö 10, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 69

|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ

¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ

Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English

of the Maharashtra Village Panchayats (Amendment and Second Continuance) Ordinance, 2018 (Mah.

Ord. VIII of 2018), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

(Translation in English of the Maharashtra Village Panchayats) Amendment and Second

Continuance) Ordinance, 2018 (Mah. Ord. VIII of 2018), published under the authority of the Governor.]

——————————

RNI No. MAHENG/2009/35528

¦ÉÉMÉ +É`ö--69-------1

(1)

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

AND WHEREAS as the session of the Maharashtra Legislative Assembly

was prorogued on the 11th August 2017, the said Bill could not be passed by the

Maharashtra Legislative Assembly ;

AND WHEREAS as provided by article 213(2)(a) of the Constitution of India,

the said Ordinance would be ceased to operate on the 3rd September 2017 ;

AND WHEREAS it was considered expedient to continue the provisions of the

said Ordinance and, therefore, the Maharashtra Village Panchayats (Amendment

and Continuance) Ordinance, 2017 (hereinafter referred to as “ the said Continuance

Ordinance ”) was promulgated by the Governor of Maharashtra on 1st September

2017 ;

AND WHEREAS upon the re-assembly of the State Legislature on the 11th

December 2017, the said Bill was passed with amendment by the Maharashtra

Legislative Assembly on the 19th December 2017 and transmitted to the Maharashtra

Legislative Council ;

AND WHEREAS the said Bill has been passed by the Legislative Council with

further amendments on the 22nd December 2017 and transmitted to Maharashtra

Legislative Assembly ;

AND WHEREAS, before the amendments to the said Bill made by the

Maharashtra Legislative Council, could be considered by the Maharashtra Legislative

Assembly, the session of the Legislative Assembly was prorogued on the 22nd

December 2017 ;

AND WHEREAS, as provided by article 213(2)(a) of the Constitution of India,

the said continuance Ordinance would have ceased to operate at the expiration of

six weeks from the re-assembly of the State Legislature, that is, after the 21st January

2018 ;

AND WHEREAS both Houses of the State Legislature were not is session ;

and the Governor of Maharashtra was satisfied that circumstances existed which

rendered it necessary for him to take immediate action to continue the operation of

the provisions of the said Continuance Ordinance, and, therefore, promulgated the

Maharashtra Village Panchayats (Amendment and Continuance) Ordinance, 2018

(hereinafter referred to as “ the said Continuance Ordinance, 2018”) on the 20th

January 2018 ;

AND WHEREAS, thereafter, in the Budget Session of the State Legislature

which commenced on the 26th February 2018, the said amendments to the Bill, as

made by the Legislative Council, were concurred by the Legislative Assembly and

passed the said Bill for the second time with further amendments on the 8th March

2018 ;

AND WHEREAS, the said Bill was thereafter transmitted to the Legislative

Council ;

AND WHEREAS as the session of the Maharashtra Legislative Council was

prorogued on the 28th March 2018, the said Bill could not be passed by the

Maharashtra Legislative Council ;

AND WHEREAS as provided by article 213 (2)(a) of the Constitution of India,

the said Continuance Ordinance, 2018 has ceased to operate at the expiration of

six weeks from the date of re-assembly of the State Legislature, that is, after the 8th

April 2018 ;

Mah.

Ord.

XVIII

2017.

Mah.

Ord. II

of 2018.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

AND WHEREAS it is expedient to continue the operation of the provisions of

the said Continuance Ordinance, 2018;

AND WHEREAS both Houses of the State Legislature are not in session; and

the Governor of Maharashtra is satisfied that circumstances exist which render it

necessary for him to take immediate action to continue the operation of the provisions

of the said Continuance Ordinance, 2018, for the purposes hereinafter appearing ;

NOW THEREFORE, in exercise of the powers conferred by clause (1) of

article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased

to promulgate the following Ordinance, namely :—

(1) This Ordinance may be called the Maharashtra Village Panchayats

(Amendment and Second Continuance) Ordinance, 2018.

(2) It shall be deemed to have come into force on the 19th July 2017.

In section 3 of the Maharashtra Village Panchayats Act (hereinafter referred

to as “the principal Act”),—

(a) after clause (11AA), the following clause shall be inserted, namely :–

“(11 AAA) “member” means a member duly elected as a member of

panchayat under section 11 and include the Sarpanch of panchayat elected

directly under section 30A-1A ; ” ;

(b) in clause (17) after the word and figures “section 30” the figures,

letters and sign “ , 30A- 1A” shall be inserted.

In section 7 of the principal Act, after sub- section (3), the following

sub-section shall be inserted, namely :—

“(3A) In respect of the panchayat to which the Sarpanch is elected directly

under section 30A-1A, unless otherwise provided in this Act, all meetings of

the Gram Sabha after each general election to a panchayat, shall be presided

over by the Sarpanch and in his absence by the Upa-Sarpanch ; and in

absence of both Sarpanch and Upa-Sarpanch, it shall be presided over by

senior most member of panchayat by age present in that meeting of the Gram

Sabha. In case no member of panchayat is present, the said meeting of the

Gram Sabha shall be adjourned for a period of one week, and such adjourned

meeting shall be presided over by Sarpanch and in his absence by Upa-

Sarpanch and in absence of both the Sarpanch and Upa-Sarpanch by the

senior most member of the panchayat by age present in the meeting of Gram

Sabha. In case no member of Panchayat is present, such meeting shall be

presided over by an officer authorized by the Block Development Officer in

that behalf. ” .

In section 10 of the principal Act, after sub- section (1), the following sub-

section shall be inserted, namely :—

“(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 sub- clause(i) the

following sub-clause shall be inserted, namely :—

“(i-A) Sarpanch elected under section 30 A-1A- ex officio member ;

and ”.”.

In section 13 of the principal Act, for sub-sections (1) and (2), the following

sub- sections shall be substituted, namely:—

“(1) Every person whose name is in the list of voters shall, unless

disqualified under this Act, or any other law for the time being in force, be

Amendment of

section 10 of

III of 1959.

Amendment of

section 13 of

III of 1959.

Amendment of

section 7 of III

of 1959.

Amendment of

section 3 of III

of 1959.

III of

1959.

Short title and

commence-

ment.

¦ÉÉMÉ +É`ö--69-------2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

qualified to vote at the election of, a member for the ward to which such list

pertains and, Sarpanch of panchayat to be elected directly.

(2) Every person whose name is in the list of voters and who is not less

than 21 years of age on the last date fixed for making nomination for every

general election or bye-election shall, unless disqualified under this Act, or

under any other law for the time being in force, be qualified to be elected for

any ward of the village and for Sarpanch of panchayat. No person whose

name is not entered in the list of voters for such village shall be qualified to be

elected for any ward of the village and Sarpanch of panchayat.

(2A) Every person who is not less than 21 years of age on the last date

fixed for making nomination for every general election or bye-election and

whose name is in the list of voters and who is born on or after 1st January

1995, and who is not disqualified under this Act, or under any other law for the

time being in force shall, unless possesses minimum 7th standard of school

education passing certificate or acquired educational qualification equivalent

to 7thstandard, as certified by the competent authority, be qualified to be elected

as Sarpanch. ” .

In section 14 of the principal Act, in sub-section (1),—

(i) in clause (a), in sub-clause (ii), for the words “five years” the words

“six years” shall be substituted;

(ii) in clause (d), for the words “five years” the words “six years” shall be

substituted.

In section 15 of the principal Act, in sub-section (2), after the word and

figure “section 11” the words, figures, letters and sign “or section 30A-1A, as the

case may be” shall be added.

In section 16 of the principal Act, in sub-section (2), for the words “State

Government” at both the places where they occur, the word “Commissioner” shall

be substituted.

9. In section 29 of the principal Act, in sub-section (2), for the words “forward

it to the Secretary” the words “forward it within seven days to the Secretary” shall

be substituted.

10.

In section 30 of the principal Act, after sub-section (1), the following sub-

section shall be inserted, namely :—

“(1A) In respect of the panchayat to which the Sarpanch is elected directly

under section 30A-1A, the provisions of this section shall apply with the following

modifications :—

(a) for sub-section (1), the following sub-section shall be substituted, namely :–

“(1) Every panchayat shall be presided over by a Sarpanch.”;

(b) sub-section (2) shall be deleted ;

“persons belonging to” shall be substituted. ” .

11.

After section 30, the following section shall be inserted, namely :—

“30A-1A. (1) After the date of commencement of the Maharashtra Village

Panchayats (Amendment) Act, 2017 in respect of the panchayat to which the general

Amendment

of section 14

of III of 1959.

Amendment of

section 15 of

III of 1959.

Amendment of

section 16 of

III of 1959.

Amendment of

section 29 of

III of 1959.

Amendment of

section 30 of

III of 1959.

Insertion

of section

30A-1A in III

of 1959.

Mah. of

2017.

Direct election

of Sarpanch.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

election is to be held, subject to provisions of sub-sections (4), (5) and (6) of section

30, every panchayat shall have a Sarpanch who shall be elected by the persons

whose names are included in the list of voters for village under section 12.

(2) Election of the Sarpanch shall be held simultaneously with the general

elections of the panchayat and the procedure regarding holding of elections to the

panchayat shall, mutatis mutandis, apply to such election.

(3) If at an election, no Sarpanch is elected, a fresh election shall be held to

elect a Sarpanch, and if there is a failure to elect a Sarpanch at the fresh election,

such vacancy may, notwithstanding anything contained in this Act, be filled by

election by the elected members from amongst themselves and the term of Sarpanch

elected under this sub-section shall be co-terminus with the term of members of

the panchayat.

(4) Any person elected under sub-section (3) shall be deemed to be duly elected

at an election under this section.

(5) If, in the election of the Sarpanch, there is an equality of votes, the result of

the election shall be decided by lots to be drawn by the State Election Commissioner

or the officer appointed by him for the purpose.

(6) In case of a dispute regarding election of the Sarpanch, the provisions of

section 15 shall, mutatis mutandis, apply. ” .

12.

In section 30A of the principal Act,—

(a) after sub-section (1) the following sub-section shall be inserted, namely :–

“(1A) In respect of the panchayat to which the Sarpanch is directly elected,

the election of the Upa-Sarpanch shall be held in the first meeting held after

every general election. ” ;

(b) after sub-section (2), the following sub-section shall be added, namely :–

“(2A) In respect of the panchayat to which the Sarpanch is directly elected,

the provisions of sub-section (3) of section 30 shall, mutatis mutandis, apply in

the case of Upa-Sarpanch.

13.

In section 33 of the principal Act, after sub-section (5), the following

sub-section shall be inserted, namely :–

“(6) 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 following

modifications :—

(a) in sub-section (1), for the words “election of Sarpanch and Upa- Sarpanch”

at both the places where they occurs, the words “election of Upa-Sarpanch” shall

be substituted ;

(b) after sub-section (1), the following sub-section shall be inserted, namely :—

“(1A) The election of the Sarpanch shall be held in accordance with the

provisions of section 30A-1A of this Act.” ;

“presided over by” the words “the

Sarpanch and if the post of Sarpanch is vacant by” shall be inserted ;

(d) in sub-section (3), the words “Sarpanch and” shall be deleted ;

(e) for sub-section (4), the following sub-section shall be substituted,–

“(4) If, in the election of Upa-Sarpanch there is an equality of votes, the Sarpanch

shall have the right to exercise casting vote, and if the post of Sarpanch is vacant,

the result of elections shall be decided by lot drawn in the presence of the officer

presiding in such manner as he may determine.” ;

Amendment of

section 30A of

III of 1959.

Amendment of

section 33 of III

of 1959.

¦ÉÉMÉ +É`ö--69-------2+

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

(f) in sub-section (5),–

(i) the words “Sarpanch or” shall be deleted ;

(ii) after the word, brackets and figure “ sub-section (1) ” the words

“Sarpanch or” shall be inserted.”.

14.

In section 35 of the principal Act, after sub-section (1), the following

sub-section shall be inserted, namely :–

“(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 following

modifications :—

(a) in sub-section (1), for the words “one-third” the words “two-third” shall

be substituted ;

(b) in sub-section (3), for the portion beginning with the words “If the

motion” and ending with the words “ against the Sarpanch ; ” the following

portion shall be substituted, namely :—

“ If the motion of no-confidence is carried by a majority of not less than

three-fourth of the total number of the members who are for the time being

entitled to sit and vote at any meeting of the panchayat, the Sarpanch or the

Upa-Sarpanch, as the case may be, and ratified before the special Gram Sabha

by the secret ballot in the presence and under the Chairmanship of the Officer

appointed for the purpose by the Collector, shall forthwith stop, exercising all

the powers and, performing all the functions and duties of the office and

thereupon such powers, functions and duties shall vest in the Upa-Sarpanch,

in case the motion is carried out against the Sarpanch ;”;

namely :–

“Provided also that, no such motion of no-confidence shall be brought

within a period of two years from the date of election of Sarpanch or Upa-

Sarpanch and before the six months preceding the date on which the term of

panchayat expires :

Provided also that, if the no-confidence motion fails, then no motion shall

be brought before the passage of time of next two years .”.”.

15.

In section 38 of the principal Act, in sub-section (2), after clause (i) the

following clause shall be inserted, namely :—

“(i-a) in respect of the panchayat to which the Sarpanch is directly elected

under section 30A-1A, the Sarpanch shall also exercise the following powers,

functions and duties,—

(a) finalise the agenda of panchayat meetings :

Provided that, if three or more members demands regarding inclusion

of any item on agenda for immediate next meeting, the Sarpanch shall

include the same in next meeting :

Provided further that, no ad-hoc financial business shall be transacted

unless it forms a part of the circulated agenda :

Provided also that, if the panchayat resolves on any subject that is

detrimental to the well-being of the village at large in the opinion of

Sarpanch, the Sarpanch shall cause the resolution to be kept for final

decision immediately in the next following Gram- Sabha, and the decision

of the said Gram Sabha shall be final ;

Amendment of

section 38 of

III of 1959.

Amendment of

section 35 of

III of 1959.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

(b) prepare the annual budget of panchayat ;

consultation with panchayat ; ”.

16.

In section 39 of the principal Act, in sub-section (2), for the words “five

years” the words “six years” shall be substituted.

17.

In section 43 of the principal Act, in sub-section (1), after the existing

proviso, the following proviso shall be added, namely :—

“Provided further that, the post of the directly elected Sarpanch fallen

vacant under this sub-section shall be filled in by election in the manner laid

down in section 30A-1A, within six months from the date of such vacancy.”.

18.

In section 49 of the principal Act, in sub-section (4), in proviso,—

(i) before clause (a), the following clause shall be inserted,

namely :—

“(a1) the Sarpanch shall be the ex officio Chairman ; ” ;

(ii) after clause (f), the following clause shall be inserted,

namely :—

“(g) Gramsevak shall be ex officio Member- Secretary . ” .

19.

In section 62 of the principal Act, after sub-section (1), the following sub-

section shall be inserted, namely :—

“(1AA) 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 following

modifications :—

(a) for sub-sections (1) and (1A), the following sub-sections shall be

sustituted, namely,—

“(1) The Sarpanch shall determine annually on or before

5th January of every year in such form as may be prescribed, a

statement of,––

(a) the opening balance in the fund and estimated income of

the panchayat for the following financial year ;

(b) the expenditure proposed on establishment and discharge

of its duties under section 45 ;

Development Fund established under section 133 ;

(d) the statement made under clause (a), (b) or (c), as the case

may be, shall be placed by the Sarpanch, before the panchayat ;

(e) the panchayat shall in respect of the said statement, finalise

its recommendations on or before the 31st of January ;

(f) the statement along with the recommendation of the

panchayat under clause (e), shall be placed before the Gram Sabha,

which may ratify it on or before 28th of February ;

(g) after the decision of the Gram Sabha under clause (f), the

said statement shall be submitted to the Panchayat Samiti.

(1-A) If, on or before the date specified in sub-section (1),–

(a) the Sarpanch fails to submit the statement ; or

(b) the panchayat fails to make recommendation in respect of the

statement ; or

Amendment of

section 43 of

III of 1959.

Amendment of

section 62 of

III of 1959.

Amendment of

section 39 of

III of 1959.

Amendment of

section 49 of

III of 1959.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

the recommendations,

the Secretary shall prepare the statement, regarding the mandatory

and office expenditure to be carried out and submit it to the Panchayat

Samiti in the form prescribed under the said sub-section.”;

(b) in sub-section (2), for the portion beginning with words

“ The Panchayat Samiti ” and ending with words “ increased or

decreased : ” the portion “ The Panchayat Samiti shall, either approve

the statement or direct that the proposed expenditure on any of the duties

falling under section 45 shall be increased or decreased on or before

31stMarch of the every year. Expenditure shall be carried out as per this

statement till the date budgetary process outlined in sub-section (1) of

this section is completed : ” shall be substituted ;

increased or decreased” the words and figure “ on or before

31st March of every year and in case of revised and supplementary

statement ” shall be inserted. ”.

20.

Section 62A of the principal Act, shall be re-numbered as sub-section

(1) of that section and after sub-section (1) as so re-numbered, the following sub-

section shall be added, namely :—

“(2) In respect of the panchayat to which the Sarpanch is directly elected

under section 30A-1A, a Sarpanch may at anytime during the financial year

for which any such statement has been approved as aforesaid cause a revised

or supplementary statement to be prepared. Every such revised or

supplementary statement shall be considered and approved by the Panchayat

Samiti in the same manner as if it were an original statement, and the provisions

of section 62 shall apply in relation to such revised or supplementary

statement. ” .

21.

In section 145 of the principal Act, sub-section (1 A) shall be deleted.

22.

(1) If any difficulty arises in giving effect to the provisions of the

Maharashtra Village Panchayats Act, as amended by this Ordinance, the State

Government may, by an order published in the Official Gazette, as the occasion

arises, make such provisions not inconsistent with provisions of the said Act, as

amended by this Ordinance, as may appear it to be necessary or expedient for

purpose of removing the difficulty :

(2) Every order made under sub-section (1) shall be laid, as soon as may be,

after it is made, before each House of the State Legislature.

Amendment of

section 62A of

III of 1959.

Amendment of

section 145 of

III of 1959.

Power to

remove

difficulty.

III of

1959.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

STATEMENT

As per the then existing provisions of the Maharashtra Village Panchayats Act

(III of 1959), the Sarpanch was being elected from amongst the elected members of

the panchayat for which the candidate contesting the election for the post of Sarpanch

would require the majority votes amongst them. The then existing provisions of the

said Act provided that the motion of no confidence may be moved by not less than

one-third of the total number of members. Consequently, the members were moving

such no confidence motion frequently, which was affecting the efficiency of the

Sarpanch and causing the disturbances in smooth functioning of panchayat.

Therefore, after due deliberation, it was considered necessary to adopt a

system of direct election for the post of Sarpanch of a panchayat from the public

which will give stability in the functioning of the panchayat. It was, therefore,

considered expedient further to amend the provisions of the Maharashtra Village

Panchayats Act (III of 1959) suitably, so as to strengthen the post of Sarpanch for

effective functioning and development of the panchayat and, therefore, the Governor

of Maharashtra has promulgated the Maharashtra Village Panchayats (Amendment)

Ordinance, 2017 (Mah. Ord. XVI of 2017), on the 19th July 2017.

In the Monsoon Session of the State Legislature, the Maharashtra Village

Panchayats (Amendment) Bill, 2017 (L. A. Bill No. LVI of 2017), for converting the

said Ordinance into an Act of the State Legislature was introduced in the Maharashtra

Legislative Assembly on the 10th August 2017. However, the said Bill could not be

passed as the session of the Maharashtra Legislative Assembly was prorogued on

the 11th August 2017.

As, it was expedient to continue the operation of the provisions of the said

Ordinance, and, therefore, the Maharashtra Village Panchayats (Amendment and

Continuance) Ordinance, 2017 (Mah. Ord. XVIII of 2017) was promulgated by the

Governor of Maharashtra on the 1st September 2017.

In the Winter Session of the State Legislature held at Nagpur, the said Bill

was passed with amendment in Maharashtra Legislative Assembly on the 19th

December 2017 and transmitted to Maharashtra Legislative Council. The said Bill

was passed with further amendments by Maharashtra Legislative Council on the

22nd December 2017 and transmitted to Maharashtra Legislative Assembly.

However, as, before the amendments to the said Bill made by the Maharashtra

Legislative Council could be considered by the Legislative Assembly the session of

the Maharashtra Legislative Assembly was prorogued on the 22nd December 2017,

therefore, the said Bill could not be passed by the Maharashtra Legislative Assembly.

As provided by article 213(2)(a) of the Constitution of India, the said

Continuance Ordinance would have ceased to operate at the expiration of six weeks

from re-assembly of the State Legislature, that is, after the 21st January 2018 ; and

it was considered expedient to continue operation of the provisions of the said

Continuance Ordinance, and therefore, the Governor of Maharashtra has

promulgated the Maharashtra Village Panchayats (Amendment and Continuance)

Ordinance, 2018 (hereinafter referred to as the “ the said Continuance Ordinance,

2018”) on the 20th January 2018 ;

Thereafter, in the Budget Session of the State Legislature which

commenced on the 26th February 2018, the said amendments to the Bill, as made

by the Legislative Council, were concurred by the Legislative Assembly and passed

the said Bill for the second time with further amendments on the 8th March 2018 ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 16, 2018/SÉèjÉ 26, ¶ÉEäò 1940

The said Bill, as further amended by the Legislative Assembly has, thereafter

transmitted to the Legislative Council

As the State Legislature had re-assembled on the 26th February 2018, as

provided by article 213(2)(a) of the Constitution of India, the said Continuance

Ordinance, 2018 has ceased to operate after the 8th April 2018, and the Government

of Maharashtra considers it expedient to continue the operation of the provisions of

the said Continuance Ordinance, 2018.

10.

As both Houses of the State Legislature are not in session and the

Governor of Maharashtra is satisfied that circumstances exist which render is

necessary for him to take immediate action to continue the operation of the provisions

of the Maharashtra Village Panchayat (Amendment and Continuance) Ordinance,

2018 (Mah. Ord. II of 2018), for the purposes aforesaid, this Ordinance is promulgated.

Mumbai,

CH. VIDYASAGAR RAO,

Dated the 16th April 2018.

Governor of Maharashtra.

By order and in the name of the Governor of Maharashtra,

ASEEM GUPTA,

Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.