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L. A. BILL No. IV OF 2019.
A BILL
further to amend the Maharashtra Public Trusts Act.
WHEREAS it is expedient further to amend the Maharashtra Public Trusts Act,
for the purposes hereinafter appearing ; it is hereby enacted in the Seventieth Year
of the Republic of India as follows :—
1.
This Act may be called the Maharashtra Public Trusts (Amendment) Act,
2019.
2.
In section 41AA of the Maharashtra Public Trusts Act,—
(a) in sub-section (1),–
(i) in clause (b), after the words “medically examined and treated”
the brackets and words “(including intra-ocular operation)” shall be
inserted ;
XXIX of
1950.
Amendment of
section 41AA
of XXIX of
1950.
XXIX of
1950.
Short title.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 26th February
2019 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
RNI No. MAHBIL /2009/40123
(1)
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(ii) in clause (c), after the words “the people seeking admission
for medical examination and treatment” the brackets and words
“(including intra-ocular operation)” shall be inserted ;
(iii) after the proviso, the following proviso shall be added,
namely :—
“Provided further that, where the intra-ocular operation of a
person is carried out in the medical centre, from the aid or grant
received from the Central or State Government or any other
institution, the person undergoing such operation shall not be
counted as a beneficiary for the purposes of clause (b) or clause
(c), as the case may be.”;
(b) in sub-section (5), the words “or an intra-ocular operation” shall be
deleted.
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STATEMENT OF OBJECTS AND REASONS
The Maharashtra Public Trusts Act (XXIX of 1950) has been enacted to regulate
and to make better provisions for the administration of public religious and charitable
trusts in the State.
Section 41AA of the said Act provides for the power of Charity Commissioner
and the State Government to issue directions in respect of hospitals, etc., to earmark
certain beds, etc., for poorer patients to be treated free of charge and at concessional
rates.
2.
The Bombay High Court (O.C.C.J.) in the Writ Petition (PIL) No. 3132 of 2004
(Sanjiv Gajanan Punalekar Vs State of Maharashtra and Ors.) has, on the 17th August
2006, approved the scheme for treatment of indigent patients and weaker section
patients for the purposes of said section 41AA.
In view of the said scheme, all the public charitable trusts were directed to reserve
and earmark ten per cent. of the total number of operational beds for indigent patients
and to provide medical treatment to those patients free of cost, as also to reserve and
earmark ten per cent. of the total number of operational beds, at concessional rate,
to the persons belonging to the weaker section of the society.
3.
Sub-section (5) of said section 41AA provides that the persons who desires
to undergo operation for sterilization or an intra-ocular operation or who desires to
undergo any operation or medical treatment specified by the State Government in
this behalf, shall not be entitled for benifits in respect of reserved or earmarked quota
for the purposes of said section 41AA.
4.
With a view to provide maximum possible assistance to the poorer classes
of the people of society, to implement the scheme approved by the High Court in its
true spirit and to ensuring that the indigent patients and persons belonging to the
weaker section of the society avail the facility of intra-ocular operations at the medical
centres, it is considered expedient to suitably amend the said section 41AA.
5.
The Bill seeks to achieve the above objectives.
Mumbai,
DEVENDRA FADNAVIS,
Dated the 24th February, 2019.
Chief Minister.
Vidhan Bhavan :
JITENDRA BHOLE,
Mumbai,
Secretary (Incharge),
Dated the 26th February, 2019.
Maharashtra Legislative Assembly.
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.