1
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RURAL DEVELOPMENT DEPARTMENT
Bandhkam Bhavan, 25, Marzban Path,
Fort, Mumbai 400 001, dated the 14th February 2019.
MAHARASHTRA ORDINANCE No. II OF 2019.
AN ORDINANCE
to amend the Maharashtra Village Panchayats and the Maharashtra Zilla
Parishads and Panchayat Samitis (Amendment) Act, 2018.
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
to amend the Maharashtra Village Panchayats and the Maharashtra Zilla
Parishads and Panchayat Samitis (Amendment) Act, 2018 for the purposes
hereinafter appearing ;
Mah.
LXVI of
2018.
(1)
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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 Panchayats
Samitis (Amendment) (Amendment) Ordinance, 2019 (Mah. Ord. II of 2019), 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 Panchayats Samitis (Amendment) (Amendment) Ordinance, 2019 (Mah. Ord. II of
2019), published under the authority of the Governor].
————————
RNI No. MAHENG /2009/35528
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Short title
and
commence-
ment.
Amendment
of section 2 of
Mah. LXVI of
2018.
Amendment
of section 3 of
Mah. LXVI of
2018.
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.
(1) This Ordinance may be called the Maharashtra Village Panchayats
and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment)
(Amendment) Ordinance, 2019.
(2) It shall come into force at once.
2.
In section 2 of the Maharashtra Village Panchayats and the Maharashtra
Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (hereinafter
referred to as “ the amendment Act’’),—
(i) in clause (a) for the figures and word “31st March 2016” the figures and
word “26th March 2015” shall be substituted and shall always be deemed to
have been substituted;
(ii) in clause (b) for the figures and word “31st March 2016” the figures and
word “26th March 2015” shall be substituted and shall always be deemed to
have been substituted.
3.
In section 3 of the amendment Act,—
(i) in clause (a) for the figures and words “31st March 2016” the figures
and word “26th March 2015” shall be substituted and shall always be deemed to
have been substituted;
(ii) in clause (b) for the figures and words “31st March 2016” the figures and
word “26th March 2015” shall be substituted and shall always be deemed to
have been substituted.
4.
Section 8 of the amendment Act, shall be re-numbered as sub-section (1)
thereof and after sub-section (1) as so re-numbered, following sub-section shall
be added, namely :–
“(2) Notwithstanding anything contained in sub-section (1), any person
who has obtained Caste Certificate or Validity Certificate after the 26th
March 2015, but has not filed such certificate within the stipulated period
as per provisions of the Maharashtra Village Panchayats Act, shall not be
deemed to be disqualified under the provisions of the Maharashtra Village
Panchayats Act, if he has already submitted the Validity Certificate to the
Competent Authority after expiry of the such stipulated period but before
the publication of the Maharashtra Village Panchayats and the Maharashtra
Zilla Parishads and Panchayat Samitis (Amendment) (Amendment)
Ordinance, 2019 in the Official Gazette or if he submits such certificate
within a period of three months from the date of such publication of said
Ordinance, 2019 in the Official Gazette :
Provided that, the provisions of this section shall not apply where the State
Election Commission has already prior to the date of publication of the
Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and
Panchayat Samitis (Amendment) (Amendment) Ordinance, 2019 in the Official
Gazette has held elections to fill the vacancy of such person or declared the
programme for holding of such election.”.
Amendment
of section 8 of
Mah. LXVI of
2018.
Mah.
LXVI of
2018.
III of
1959.
Mah.
Ord. II
of 2019.
Mah.
Ord. II
of 2019.
III of
1959.
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5.
(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, as the occasion arises, by an Order publish in the Official
Gazette, give such directions not inconsistent with the provisions of the
Maharashtra Village Panchayats Act, as amended by the Maharashtra Village
Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis
(Amendment) (Amendment) Ordinance, 2019, as may appear to it to be necessary
or expedient for the purpose of the removing of 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.
Power to
remove
difficulty.
III of
1959.
Mah.
Ord. II
of 2019.
III of
1959.
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STATEMENT
In respect of the elections for the Village Panchayats, held after 31stMarch
2016, it was noticed that the persons contesting on a reserved seat could not
submit the Caste Certificate and Validity Certificate within the stipulated period
of six months from the date of their election and as such incurred disqualification
under the provisions of the Maharashtra Village Panchayats Act. To allow such
persons to submit their Caste Certificate and Validity Certificate within a period
of twelve months from the date of their election, sections 10-1A and 30-1A of the
Maharashtra Village Panchayats Act have been amended retrospectively with
effect from 31st March 2016, by the Maharashtra Village Panchayats and the
Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018
(Mah. LXVI of 2018).
2.
It is noticed that, elections to about 19,000 Village Panchayats were
held in between 26th March 2015 to 31st March 2016. It is also noticed that a
large number of candidates, who are elected during the said period on a reserved
seat, though having obtained Caste Validity Certificate, could not submit it within
a period of six months from a date of their election, as required to be submitted
as per the provisions of the then existing law.
3.
To extend the benefits, provided by the Maharashtra Village Panchayats
and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act,
2018 to the persons, who are elected on reserved seat on or after 31st March 2016
to submit their Castes Certificate and Validity Certificate within twelve month
from the date of election, to the persons who are similarly elected in between
26th March 2015 to 31st March 2016, it is considered expedient to amend sections
2 and 3 of the Maharashtra Village Panchayats and the Maharashtra Zilla
Parishads and Panchayat Samitis (Amendment) Act, 2018. It is also proposed to
consequently amend section 8 of the said Act suitably, for the purpose.
4.
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 to amend the Maharashtra Village
Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis
(Amendment) Act, 2018 (Mah. LXVI of 2018) for the purposes aforesaid, this
Ordinance is promulgated.
Mumbai,
CH. VIDYASAGAR RAO,
Dated the 13th February 2019.
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 DIRECTOR DR. NAMDEO KONDAJI
BHOSALE, 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 : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.