महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ५, अंक ५] मंगळवार, फेब्रुवारी २६, २०१९/फाल्गुन ७, शके १९४० [पृष्ठे ३, किंमत : रुपये २७.००
असाधारण क्रमांक ८
प्राधिकृत प्रकाशन
द्धन्रु]क्ष् ह्यम्द्धहभ् +ह्यह्यद्ध म् न्ह्र ह्य ॅ + म् ॅ ह्यम्ह्यद्ध +ह्य ह्यम्ह्य म्
ह्यम्ॅ +्र ह्यम्ॅ (ह्र +ाम्).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Public Trusts (Amendment) Bill, 2019 (L.A. Bill No. IV of 2019), introduced in the Maharashtra Legislative Assembly on the 26th February 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.
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L. A. BILL No. IV OF 2019.
A BILL
further to amend the Maharashtra Public Trusts Act.
XXIX of 1950.
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, Short title.
2019.
2. In section 41AA of the Maharashtra Public Trusts Act,—
XXIX of 1950.
(a) in sub-section (1),–
Amendment of section 41AA of XXIX of 1950.
(i) in clause (b), after the words "medically examined and treated" the brackets and words "(including intra-ocular operation)" shall be inserted ;
(१)
भाग आठ------८--१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी २६, २०१९/फाल्गुन ७, शके १९४० (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.
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी २६, २०१९/फाल्गुन ७, शके १९४० ३STATEMENT 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.
DEVENDRA FADNAVIS,
Mumbai, dated the 24th February 2019. Chief Minister.
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.