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1

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.

(1)

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ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±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 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.

————————

RNI No. MAHENG /2009/35528

2

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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.

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.