RNI No. MAHBIL /2009/40123
सत्यमेव जयते
महाराष्ट्र शासन राजपत्र
असाधारण भाग पाच - अ
वर्ष ६ , अंक ६ ]
बुधवार , मार्च ११ , २०२० / फाल्गुन २१ , शके १ ९ ४१
[पृष्ठे ५, किंमत: रुपये ३६.००
असाधारण क्रमांक १४
प्राधिकृत प्रकाशन
महाराष्ट्र विधानसभेत व महाराष्ट्र विधानपरिषदेत सादर केलेली विधेयके (इंग्रजी अनुवाद ) .
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the 11th March , 2020 is published under Rule 117 of the Maharashtra Legislative Assembly Rules :-
L. A. Bill No. XXVIII OF 2020 .
ABILL
further to amend the Maharashtra Village Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 .
WHEREAS it is expedient further to amend the Maharashtra Village III ofPanchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act , 1959. 1961 , for the purposes hereinafter appearing ; it is hereby enacted in the seventy- Mah . V first year of the Republic of India as follows :- of1962.
(१)
भाग पाच-अ-१४-१ २
महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ११ , २०२० /फाल्गुन २१ , शके १ ९ ४१
CHAPTER I
PRELIMINARY.
Shorttitle .
1. This Act may be called the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis ( Amendment ) Act , 2020 .
CHAPTER II
AMENDMENTS TO THE MAHARASHTRA VILLAGE PANCHAYATS ACT .
Amendment of section 10-1A ofIII of1959.
2. In section 10-1A of the Maharashtra Village Panchayats Act ( hereinafter III of in this Chapter referred to as " the Maharashtra Village Panchayats Act " ) , for the 1959 . 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 28th February 2021 , 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 . existing provisos , the following provisos shall be substituted , namely :- In section 30-1A of the Maharashtra Village Panchayats Act , for the Amendment of section 30-1A ofIII of1959 .
" Provided that, for the elections for the post of Sarpanch for which the last date of filing of nomination falls on or before the 28th February 2021 , 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 ." .
३ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ११ , २०२०/फाल्गुन २१ , शके १ ९ ४१
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA ZILLA PARISHADS AND PANCHAYATS SAMITIS ACT , 1961 .
Mah . V
1962. 4. In section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Amendment of of1962. Act, 1961 ( hereinafter in this Chapter referred to as "the Maharashtra Zilla Parishads section 12A of and Panchayat Samitis Act " ) , for the existing provisos , the following provisos shall Mah . V of be substituted , namely
"Provided that, for the General or bye - elections for which the last date offiling of nomination falls on or before the 28th February 2021 , 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 :-
section 42 of Amendment of Mah . V of 1962.
" Provided that , for the elections for the post of President for which the last date of filing of nomination falls on or before the 28th February 2021 , 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 :-
section 67 of Amendment of Mah . V of 1962.
"Provided that , for the elections for the post of Chairman for which the lastdate of filing of nomination falls on or before the 28th February 2021 , in accordance with the election programme declared , a person who has applied to the Scrutiny Committee for verification of his Caste Certificate before the भाग पाच-अ- १४-२ ४
महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ११ , २०२० /फाल्गुन २१ , शके १ ९ ४१
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 . " .
५ महाराष्ट्र शासन राजपत्र असाधारण भाग पाच-अ, मार्च ११ , २०२०/फाल्गुन २१ , शके १ ९ ४१
STATEMENT OF OBJECTS AND REASONS .
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 within a short period before filing of nomination papers for elections . 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 considered 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. The Bill seeks to achieve the above objectives .
Mumbai ,
HASAN MUSHRIF ,
dated the 11th March 2020.
Minister for Rural Development .
Vidhan Bhavan :
RAJENDRA BHAGWAT,
Mumbai ,
Secretary ( Incharge ) ,
dated the 11th March 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 PRINTING , STATIONERY AND PUBLICATIONS , 21 - A , NETAJI SUBHASH ROAD , CHARNI ROAD , MUMBAI 400 004 EDITOR
GOVERNMENT : DIRECTOR , RUPENDRA DINESH MORE .