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1
L. A. BILL No. VII OF 2020.
A BILL
further to amend the Maharashtra Village Panchayats Act.
WHEREAS it is expedient further to amend the Maharashtra Village
Panchayats Act, for the purposes hereinafter appearing ; it is hereby enacted
in the Seventy-first Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Village Panchayats
(Amendment) Act, 2020.
2.
In section 7 of the Maharashtra Village Panchayats Act (hereinafter
referred to as “ the principal Act ”),—
(1) sub-section (3) shall be deleted;
(2) in sub-section (3A), the words “ In respect of the panchayat to
which the Sarpanch is elected directly under section 30A-1A, ” shall be
deleted.
III of
1959.
Short title.
Amendment
of section 7 of
III of 1959.
III of
1959.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 25th February, 2020
is published under Rule 117 of the Maharashtra Legislative Assembly Rules :—
RNI No. MAHBIL /2009/40123
(1)
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3.
In section 13 of the principal Act,—
(1) in sub-section (1), the words “ and, Sarpanch of panchayat to be
elected directly ” shall be deleted ;
(2) in sub-section (2), —
(a) for the words “for any ward of the village and for Sarpanch
of panchayat ”, the words “as a member for any ward of the village ”
shall be substituted ;
(b) the words “ and Sarpanch of panchayat ” shall be deleted ;
(3) in sub-section (2A), for the word “ Sarpanch ” the word “member ”
shall be substituted.
4.
In section 15 of the principal Act, in sub-section (2), the words, figures
and letters “or section 30A-1A, as the case may be” shall be deleted.
5.
After section 30A-1A of the principal Act, the following section shall
be inserted, namely:—
“ 30A-1B.
After the date of commencement of the Maharashtra Village
Panchayats (Amendment) Act, 2020, in respect of the general elections and
by-elections to panchayat, the provisions of section 30A-1A shall cease to
apply and every panchayat have a Sarpanch, who shall be elected under
section 30 and the provisions of section 33 shall apply therefor.”.
6. In section 35 of the principal Act,—
(1) in sub-section (1), for the words “one-third” the words “two-third”
shall be substituted ;
(2) in sub-section (3),—
(a) for the words “ two-third ” the words “ three-fourth ” shall
be substituted ;
(b) for the fourth proviso, the following provisos shall be
substituted, namely :—
“ Provided also that, no such motion of no-confidence shall
be moved within a period of two years from the date of election
of Sarpanch or Upa-Sarpanch and before six months preceding
the date on which the term of panchayat expires :
Provided also that, if the no-confidence motion fails, then
no motion shall be moved within next two year from the date
of failure of no-confidance motion.”.
7.
In section 38 of the principal Act,—
(1) in sub-section (2), after clause (j), the following clauses shall be
inserted, namely :—
“ (k) finalise the agenda of panchayat meetings :
Provided that, if three or more members demands
inclusion of any item on agenda for immediate next meeting,
the Sarpanch shall include the same in the next meeting :
Amendment
of section 13
of III of 1959.
Amendment
of section 15
of III of 1959.
Insertion of
section 30A-
1B in III of
1959.
Non-
application of
section 30A-
1A.
Amendment
of section 35
of III of 1959.
Mah.
of 2020.
Amendment
of section 38
of III of 1959.
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Provided further that, no ad-hoc financial business shall
be transacted in the meeting unless it forms a part of the
circulated agenda ;
(l) prepare the annual bedget of panchayat ;
(m) exercise all other powers to impelement the schemes in
consultation with panchayat ;” ;
(2) after sub-section (4), the following sub-section shall be inserted,
namely :—
“ (4A) If in the opinion of the Sarpanch or the person who
presides over the meeting, the resolution of the panchayat on any
subject is detrimental to the well-being of the village at large, the
person presiding over the meeting shall cause the resolution of the
panchayat to be kept for final decision in the immediate next
following Gram Sabha, and the decision of the Gram Sabha thereon
shall be final.”.
8.
In section 43 of the principal Act, in sub-section (1), for the second
proviso, the following proviso shall be substituted, namely:—
“Provided further that, the post of directly elected Sarpanch fallen
vacant, then such post shall be filled in by election from amongst the
members of the panchayat themselves within thirty days from the date
of such vacancy.”.
9.
In section 62 of the principal Act,—
(1) for sub-sections (1), (1A) and (1AA), the following sub-sections
shall be substiuted, namely:—
“ (1) The Sarpanch shall determine annually on or before the
28th February of every year, in such form as may be prescribed, a
statement of,—
(a) the opening balance in the fund and estimated income
of the panchayat for the following financial year;
(b) the expenditure proposed on establishment and
discharge of its duties under section 45 ;
(c) the amount to be contributed to the District Village
Development Fund established under section 133 ;
(d) the statement made under clause (a), (b) or (c), as the
case may be, shall be placed by the Sarpanch before the
panchayat.
(1A) The panchayat shall in respect of the said statement,
finalise its recommendations on or before the 7th of March of the
same year.
(1B) The statement along with the recommendation of the
panchayat under subsection (1A), shall be placed before the Gram
Sabha, which may ratify it on or before the 15th of March of the
same year and the decision of the Gram Sabha shall be submitted
to the Panchayat Samiti.
(1C) If, on or before the date specified in,—
(a) sub-section (1), the Sarpanch fails to submit the
statement ; or
Amendment
of section 43
of III of 1959.
Amendment
of section 62
of III of 1959.
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(b) sub-section (1A), the panchayat fails to make
recommendation in respect of the statement; or
(c) sub-section (1B), the Gram Sabha fails to take decision
in respect of ratification of the recommendations,
the Secretary shall prepare the statement, regarding the
mandatory and office expenditure to be carried out, and submit
it to the Panchayat Samiti in the form prescribed under the
said sub-sections.”;
(2) in sub-section (2),—
(a) for the portion beginning with the words “ The Panchayat
Samiti” and ending with the words “ increased or decreased :” the
following shall be substituted, namely :—
“ The Panchayat Samiti shall, either approve the
statement or direct that the proposed expenditure on any of
the duties falling under section 45 shall be increased or
decreased on or before the 31st March of the every year.
Expenditure shall be carried out as per the statement till the
date budgetary process outlined in sub-sections (1), (1A) and
(1B) is completed :”;
(b) in second proviso, after the words “ be increased or
decreased ” the words, figures and letters “on or before the
31st March of every year and in case of the revised and
supplementary statement” shall be inserted.
10.
For section 62A of the principal Act, the following section shall be
substituted, namely :—
“ 62A. A Sarpanch may at anytime during the financial year for
which any such statement has been approved, cause a revised or
supplementary statement to be prepared. Every such revised or
supplementary statement shall be considered and approved by the
Panchayat Samiti in the same manner as if it were an original statement
and the provisions of section 62 shall apply in relation to such revised
or supplementary statement.” .
11.
In section 145 of the principal Act, after subsection (1), the following
sub-section shall be inserted, namely :—
“ (1A) If more than half of the total number of seats in a panchayat
have become vacant, the State Government may, by an order published
in the Official Gazette, dissolve such panchayat :
Provided that, the provisions of this subsection shall not apply in
respect of a panchayat where the Sarpanch is directly elected under
section 30A-1A.”.
12.
(1) Notwithstanding anything contained in section 30A-1B of the
principal Act, if any order in respect of election or bye-election of a panchayat
is issued or any procedure for election of or bye-election of the panchayat is
commenced, before the date of commencement of the Maharashtra Village
Panchayats (Amendment) Act, 2020, such election shall be held as per the
provisions of section 30A-1A.
Amendment
of section 62A
of III of 1959.
Revised or
supplementary
budget.
Amendment
of section 145
of III of 1959.
Removal of
doubts.
Mah. of
2020.
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(2) Notwithstanding anything contained in second proviso to sub-section
(1) of section 43 of the principal Act, as amended by this Act, if any order in
respect of filling of casual vacancy of directly elected Sarpanch is issued or
any procedure for filling of casual vacancy of directly elected Sarpanch is
commenced, before the date of commencement of the Maharashtra Village
Panchayats (Amendment) Act, 2020, such election shall be held as per the
provisions of the second proviso to sub-section (1) of section 43, as it existed
before the commencement of this Act.
13.
(1) If any difficulty arises in giving effect to the provisions of the
principal Act, as amended by this Act, the State Government may, by an
order published in the Official Gazette, as the occasion arises, make such
provisions not inconsistent with the provisions of the principal Act, as
amended by this Act, as may appear to it to be necessary or expedient for the
purpose of the removing of the difficulty :
Provided that, no such order shall be made after the expiry of a period
of two years from the date of commencement of this Act.
(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.
Mah. of
2020.
Power to
remove
difficulty.
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STATEMENT OF OBJECTS AND REASONS.
As per the existing provisions of the Maharashtra Village Panchayats
Act (III of 1959), the Sarpanch of a panchayat is directly elected by the voters
of the village at the general election of the Village Panchayats. After taking
the review of the present position and with a view to ensure the smooth
functioning of the Village Panchayat, the State Government considers it
expedient to suitably modify the provisions of the said Act.
2. The proposed amendments aims,—
(i)
to provide that, the Sarpanch of a panchayat shall be elected
by the elected members from amongst themselves ;
(ii)
to increase mutual accountability and understanding amongst
Sarpanch and members;
(iii) to outline the date for submission of budgetary Statement ;
(iv) to carry out other consequential amendments found to be
necessary.
3. The Bill seeks to achieve the above objectives.
Mumbai,
HASAN MUSHRIF
Dated the 24th February, 2020. Minister for Rural Development.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative
power, namely :—
Clause 11.—Under this clause, which seeks to insert new sub-section
(1A) in section 145 of the Maharashtra Village Panchayat Act, (hereinafter
referred to as “the principal Act”) power is taken to the State Government
to dissolve the Panchayat, by an order published in the Official Gazette, in
which more than half of the total number of seats become vacant.
Clause 13.—Under this clause, power is taken to the State Government
to issue an order published in the Official Gazette, for removing any difficulty,
which may arise in giving effect to the provisions of the principal Act, as
amended by this Act, within a period of two years from the date of
commencement of the this Act.
2.
The above-mentioned proposals for delegation of legislative power
are of a normal character.
Vidhan Bhavan :
RAJENDRA BHAGWAT,
Mumbai,
Secretary (Incharge),
Dated : 25th February, 2020.
Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, 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, RUPENDRA DINESH MORE.