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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.