¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 11, 2018/+ÉÊ·ÉxÉø 19, ¶ÉEäò 1940

RURAL DEVELOPMENT DEPARTMENT

Bandhkam Bhavan, 25, Marzban Path,

Fort, Mumbai 400 001, dated the 11th October 2018.

MAHARASHTRA ORDINANCE No. XXI OF 2018.

AN ORDINANCE

further to amend the Maharashtra Village Panchayats and Maharashtra Zilla

Parishads and Panchayat Samitis Act.

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

AND WHEREAS the Governor of Maharashtra is satisfied that

circumstances exist which render it necessary for him to take immediate action

further to amend the Maharashtra Village Panchayats Act and Maharashtra Zilla

Parishads and Panchayat Samitis Act, 1961, for the purposes hereinafter

appearing ;

III of 1959.

Mah. V

of 1962.

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

in English of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and

Panchayat Samitis (Amendment) Ordinance, 2018 (Mah. Ord. XXI 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,

Secretary (Legislation) to Government,

Law and Judiciary Department.

[Translation in English of the Maharashtra Village Panchayats and the Maharashtra Zilla

Parishads and Panchayat Samitis (Amendment) Ordinance, 2018 (Mah. Ord. XXI of 2018), published

under the authority of the Governor].

——————————

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(1)

RNI No. MAHENG /2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 11, 2018/+ÉÊ·ÉxÉø 19, ¶ÉEäò 1940

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 :—

CHAPTER I

PRELIMINARY

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

and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment)

Ordinance, 2018.

(2) It shall come into force at once.

CHAPTER II

AMENDMENTS TO THE MAHARASHTRA VILLAGE

PANCHAYATS ACT.

2. In section 10-1A of the Maharashtra Village Panchayats Act (hereinafter

in this Chapter referred to as “ Maharashtra Village Panchayats Act ”),—

(a) in the first proviso, in clause (ii), for the words “ six months ” the

words “ twelve months ” shall be substituted and shall be deemed to have

been substituted with effect from 31st March 2016 ;

(b) in the second proviso, for the words “ six months ” the words

“ twelve months ” shall be substituted and shall be deemed to have been

substituted with effect from 31st March 2016 ;

“ 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)

Ordinance, 2018, the period of “six months” specified in such undertaking

shall be deemed to have been substituted as “ twelve months ”.”.

3. In section 30-1A of the Maharashtra Village Panchayats Act,—

(a) in the first proviso, in clause (ii), for the words “ six months ” the

words “ twelve months” shall be substituted and shall be deemed to have

been substituted with effect from 31st March 2016 ;

(b) in the second proviso, for the words “ six months” the words “twelve

months ” shall be substituted and shall be deemed to have been substituted

with effect from 31st March 2016 ;

namely :—

“ 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)

Ordinance, 2018, the period of “ six months ” specified in such

undertaking shall be deemed to have been substituted as “ twelve

months ”.”.

Short title

and

commence-

ment.

Mah.

Ord. XXI

of 2018.

III of

1959.

Amendment of

section 30-1A of

III of 1959.

Amendment of

section 10-1A

of III of 1959.

Mah.

Ord. XXI

of 2018.

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CHAPTER III

AMENDMENTS TO THE MAHARASHTRA ZILLA PARISHADS

AND PANCHAYAT SAMITIS ACT, 1961.

4. In section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis

Act, 1961 (hereinafter in this Chapter referred to as “Maharashtra Zilla Parishads

and Panchayat Samitis Act ”),—

(a) in the first proviso, in clause (ii), for the words “ six months ” the

words “ twelve months” shall be substituted and shall be deemed to have

been substituted with effect from 7th May 2016 ;

(b) in the second proviso, for the words “six months” the words

“ twelve months ” shall be substituted and shall be deemed to have been

substituted with effect from 7th May 2016 ;

namely :—

“ 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)

Ordinance, 2018, the period of “ six months ” specified in such

undertaking shall be deemed to have been substituted as “twelve

months”.”.

5. In section 42 of the Maharashtra Zilla Parishads and Panchayat Samitis

Act, in sub-section (6A),—

(a) in the first proviso, in clause (ii), for the words “ six months ” the

words “ twelve months ” shall be substituted and shall be deemed to have

been substituted with effect from 7th May 2016 ;

(b) in the second proviso, for the words “ six months ” the words

“twelve months” shall be substituted and shall be deemed to have been

substituted with effect from 7th May 2016 ;

namely :—

“ 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)

Ordinance, 2018, the period of “ six months ” specified in such undertaking

shall be deemed to have been substituted as “ twelve months ”.”.

6. In section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis

Act, in sub-section (7A),—

(a) in the first proviso, in clause (ii), for the words “six months” the

words “twelve months” shall be substituted and shall be deemed to have

been substituted with effect from the 7th May 2016 ;

(b) in the second proviso, for the words “six months” the words

“ twelve months” shall be substituted and shall be deemed to have been

substituted with effect from 7th May 2016 ;

namely :—

“ 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)

Ordinance, 2018, the period of “ six months ” specified in such

undertaking shall be deemed to have been substituted as “ twelve

months ”.”.

Mah.

Ord. XXI

of 2018.

Amendment

of section 67

of Mah. V of

1962.

Mah. Ord.

XXI of

2018.

Amendment

of section 42

of Mah. V of

1962.

Mah. Ord.

XXI of

2018.

Amendment

of section

12A of Mah.V

of 1962.

Mah. V

of 1962.

¦ÉÉMÉ +É`ö------137-2

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CHAPTER IV

MISCELLANEOUS

7. (1) Nothing in this Ordinance shall affect the elections conducted by

the State Election Commission for conducting the elections or any programme

declared by it therefor, prior to the date of commencement of the Maharashtra

Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis

(Amendment) Ordinance, 2018, for filling up the resultant vacancy in view of the

provisions of section 10-1A or section 30-1A of the Maharashtra Village

Panchayats Act ; section 12A or sub-section (6A) of section 42 or sub-section

(7A) of section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act,

1961, as it stood prior to such date of commencement.

8. Any person, who has obtained the Caste Certificate and Validity Certificate,

but has not filed such certificate prior to the date of commencement of this

Ordinance, shall not be deemed to be disqualified under the provisions of the

relevant Panchayat law, if he submits such certificate within a period of fifteen

days from the date of commencement of this Ordinance :

Provided that, the provisions of this section shall not apply where the State

Election Commission has already prior to the date of commencement of this

Ordinance held elections to fill the vacancy of such person or declared the

programme for holding of such election.

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

Maharashtra Village Panchayats Act or, as the case may be, the Maharashtra

Zilla Parishads and Panchayat Samitis Act, 1961, as amended by this Ordinance,

the State Government may, as the occasion arises, by an Order published in the

Official Gazette, give such directions not inconsistent with the provisions of the

said Acts as amended by this Ordinance, as may appear to it to be necessary

or expedient for the 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.

III of

1959.

Mah. V

of 1962.

Mah.

Ord. XXI

of 2018.

Power to

remove

difficulty.

Saving as to

certain

disqualifications.

III of

1959.

Mah. V

of 1962.

Saving as to

certain

elections.

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STATEMENT

Section 10-1A and section 30-1A of the Maharashtra Village Panchayats

Act (III of 1959); section 12 A, sub-section (6A) of section 42 and sub-section

(7A) of section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act,

1961 (Mah. V of 1962), provides that, every person desirous of contesting

election to a seat reserved for person belonging to Scheduled Castes, Scheduled

Tribes or, as the case may be, Backward Classes of citizens, shall 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 (Mah.XXIII of 2001) and the rules made thereunder.

The said sections 10-1A and 30-1A of the Maharashtra Village

Panchayats Act have been amended by the Maharashtra Act No. X of 2016 with

effect from the 31st March 2016, and sections 12A, 42 and 67 of the Maharashtra

Zilla Parishads and Panchayat Samitis Act, 1961 have been amended by the

Maharashtra Act No. XXI of 2016 with effect from the 7th May 2016 which

permits the candidate to submit, alongwith the nomination papers for election to

a reserved seat, 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 an undertaking that he

shall submit, within a period of six months from the date of his election, the

Validity Certificate issued by the Scrutiny Committee.

The Scrutiny Committees are overburdened with the task of issuing the

Validity Certificates and this results in difficulties for the elected candidates to

obtain the Validity Certificate. In view of the provisions of the relevant Panchayat

law, in case the elected candidate fails to produce the Validity Certificate, within

a period of six months from the date of his election, his election shall stands to

be terminated retrospectively and shall stands disqualified for holding the post.

To ensure that the elected candidates, who have already obtained the

Caste Certificate and the Validity Certificate, would not be disqualified merely

because of failure to produce the Validity Certificate issued by the Scrutiny

Committee in time as per the undertaking filed by him, it is expedient to provide

for further extension of six months to the elected candidates for submitting such

certificate. In view of this, it is expedient to suitably amend the sections 10-1A

and 30- 1A of the Maharashtra Village Panchayats Act and sections 12A, 42 and

67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961,

retrospectively, i.e. the date of commencement of the Maharashtra Act Nos. X

of 2016 and XXI of 2016, respectively.

In view of such amendments, with retrospective effect, it is expedient to

incorporate the suitable saving provisions and also the provision for removal of

difficulty.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìC]õÉä¤É®ú 11, 2018/+ÉÊ·ÉxÉø 19, ¶ÉEäò 1940

For achieving the above purposes, the relevant Panchayat laws are amended,

suitably.

As 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 further to amend the Maharashtra

Village Panchayats Act (III of 1959) and the Maharashtra Zilla Parishads and

Panchayat Samitis Act, 1961 (Mah. V of 1962) for the purposes aforesaid, this

Ordinance is promulgated.

Mumbai,

CH. VIDYASAGAR RAO,

Dated the 10th October 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 I/C DIRECTOR SHRI MANOHAR SHANKAR

GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT

DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004.

EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.