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1
III of
1959.
Mah. V
of 1962.
RURAL DEVELOPMENT DEPARTMENT
Bandhkam Bhavan, 25, Marzban Path, Fort,
Mumbai 400 001, dated the 20th September 2019.
MAHARASHTRA ORDINANCE No. XXVI OF 2019.
AN ORDINANCE
further to amend the Maharashtra Village Panchayats Act and
the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
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 the Maharashtra
Zilla Parishads and Panchayat Samitis Act, 1961, for the purposes hereinafter
appearing ;
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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 5, +ÆEò 42]
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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 Maharashtra Zilla Parishads and Panchayat Samitis (Second
Amendment) Ordinance, 2019 (Mah. Ord. XXVI 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 Panchayat Samitis (Second Amendment) Ordinance, 2019 (Mah. Ord. XXVI of 2019), published under
the authority of the Governor).
—————————
RNI No. MAHENG / 2009 / 35528
¦ÉÉMÉ +É`ö---89---1
(1)
2
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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 (Second Amendment)
Ordinance, 2019.
(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 “the Maharashtra Village Panchayats Act”), for the
existing provisos, the following provisos shall be substituted, namely :—
“Provided that, for the General or by-elections for which the last date of
filing of nomination falls on or before the 30th June 2020, in accordance with
the election programme declared by the State Election Commission, a person
who has applied to the Scrutiny Committee for verification of his Caste
Certificate before the date of filing of the nomination papers but who has not
received the Validity Certificate on the date of filing of the nomination papers
shall submit, alongwith the nomination papers,—
(i) 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
(ii) an undertaking that he shall submit, within a period of twelve
months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee :
Provided further that, if such person fails to produce the Validity
Certificate within a period of twelve months from the date on which he is
declared elected, his election shall be deemed to have been terminated
retrospectively and he shall be disqualified for being a member.”.
3.
In section 30-1A of the Maharashtra Village Panchayats Act, for the
existing provisos, the following provisos shall be substituted, namely :—
“Provided that, for the elections for the post of Sarpanch for which the
last date of filing of nomination falls on or before the 30th June 2020, in
accordance with the election programme declared by the State Election
Commission, a person who has applied to the Scrutiny Committee for
verification of his Caste Certificate before the date of filing of the nomination
papers but who has not received the Validity Certificate on the date of filing
of the nomination papers shall submit, alongwith the nomination papers,—
(i) 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
(ii) an undertaking that he shall submit, within a period of twelve
months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee :
Provided further that, if such person fails to produce the Validity
Certificate within a period of twelve months from the date on which he is
declared elected, his election shall be deemed to have been terminated
retrospectively and he shall be disqualified for being a Sarpanch.”.
Short title and
commence-
ment.
Amendment of
section 10-1A
of III of 1959.
III of
1959.
Amendment of
section 30-1A
of III of 1959.
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3
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA ZILLA PARISHADS
AND PANCHAYATS SAMITIS ACT, 1961.
4.
In section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis
Act, 1961 (hereinafter in this Chapter referred to as “the Maharashtra Zilla Parishads
and Panchayat Samitis Act”), for the existing provisos, the following provisos shall
be substituted, namely :—
“Provided that, for the General or bye-elections for which the last date
of filing of nomination falls on or before the 30th June 2020, in accordance
with the election programme declared by the State Election Commission, a
person who has applied to the Scrutiny Committee for verification of his Caste
Certificate before the date of filing of the nomination papers but who has not
received the Validity Certificate on the date of filing of the nomination papers
shall submit, alongwith the nomination papers,—
(i) 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
(ii) an undertaking that he shall submit, within a period of twelve
months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee :
Provided further that, if such person fails to produce the Validity
Certificate within a period of twelve months from the date on which he is
declared elected, his election shall be deemed to have been terminated
retrospectively and he shall be disqualified for being a Councillor.”.
5.
In section 42 of the Maharashtra Zilla Parishads and Panchayat Samitis
Act, in sub-section (6A), for the existing provisos, the following provisos shall be
substituted, namely :—
“Provided that, for the elections for the post of President for which the
last date of filing of nomination falls on or before the 30th June 2020, in
accordance with the election programme declared, a person who has applied
to the Scrutiny Committee for verification of his Caste Certificate before the
date of filing of the nomination papers but who has not received the Validity
Certificate on the date of filing of the nomination papers shall submit, alongwith
the nomination papers,—
(i) 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
(ii) an undertaking that he shall submit within a period of twelve
months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee :
Provided further that, if such person fails to produce the Validity
Certificate within a period of twelve months from the date on which he is
declared elected, his election shall be deemed to have been terminated
retrospectively and he shall be disqualified for being a President.”.
6.
In section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis
Act, in sub-section (7A), for the existing provisos, the following provisos shall be
substituted, namely :—
“Provided that, for the elections for the post of Chairman for which the
last date of filing of nomination falls on or before the 30th June 2020, in
accordance with the election programme declared, a person who has applied
to the Scrutiny Committee for verification of his Caste Certificate before the
Amendment of
section 12A of
Mah. V of
1962.
Mah. V
of 1962.
Amendment of
section 42 of
Mah. V of
1962.
Amendment of
section 67 of
Mah. V of
1962.
¦ÉÉMÉ +É`ö---89---2
4
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date of filing of the nomination papers but who has not received the Validity
Certificate on the date of filing of the nomination papers shall submit, alongwith
the nomination papers,—
(i) 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
(ii) an undertaking that he shall submit within a period of twelve
months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee :
Provided further that, if such person fails to produce the Validity
Certificate within a period of twelve months from the date on which he is
declared elected, his election shall be deemed to have been terminated
retrospectively and he shall be disqualified for being a Chairman.”.
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5
STATEMENT
Sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act (III of
1959) and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and
Panchayats Samitis Act, 1961 (Mah. V of 1962) provides that, every person
desirous of contesting election to a seat reserved for persons 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).
2.
Taking into consideration 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, it is not possible to obtain the Caste Validity Certificate from the
Caste Scrutiny Committees in such a short period. This has resulted in difficulties
to candidates contesting the Zilla Parishad and Panchayat Samiti and Gram
Panchayat elections in obtaining the Caste Validity Certificate from the Caste
Scrutiny Committees.
3.
In order to ensure that the prospective candidates are not deprived of
the opportunity to contest the election for Zilla Parishad and Panchayat Samiti and
Village Panchayat for the reserved posts merely because of the non-issuance of
the Caste Validity Certificate by the Caste Scrutiny Committee in time, as the
Committees are otherwise overburdened with the verification work, the Government
considers it expedient to amend the Maharashtra Village Panchayats Act and the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 with a view to allow
the persons desirous of contesting election for reserved seats and who have applied
to the Caste Scrutiny Committee for obtaining Caste Validity Certificate to submit
the Validity Certificate within twelve months from the date on which they are
declared elected. Accordingly, it is consider expedient to amend 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, suitably.
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 further to amend the Maharashtra Village
Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act,
1961 for the purposes aforesaid, this Ordinance is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 20th September 2019.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
ASEEM GUPTA,
Principal 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.