RURAL DEVELOPMENT DEPARTMENT

Bandhkam Bhavan, 25, Marzban Path, Fort,

Mumbai 400 001, dated the 23rd September 2021.

MAHARASHTRA ORDINANCE No. III OF 2021.

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;

III of

1959.

Mah. V

of 1962.

भाग आठ ---३७--१

(१)

RNI No. MAHENG /2009/35528

महाराष्ट्रõ शासन राजपत्र

असाधारण भाग आठ

वर्ष ७, अंक १६]

गुरुवार, सप्टेंबर २३, २०२१/आश्विन १, शके १९४३

[पृष्ठे ५, किंमत : रुपये २७.००

असाधारण क्रमांक ३७

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राजयपालांनी प्रख्यापित केलेले अधयादेश व केलेले विनियम आणि

विधि व नयाय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and

Panchayat Samitis (Amendment) Ordinance, 2021 (Mah. Ord. III of 2021), is hereby published

under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

[Translation in English of the Maharashtra Village Panchayats and the Maharashtra Zilla

Parishads and Panchayat Samitis (Amendment) Ordinance, 2021 (Mah. Ord. III of 2021), published

under the authority of the Governor].

----------------

2

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर २३, २०२१/आश्विन १, शके १९४३

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 (Amendment)

Ordinance, 2021.

(2) It shall come into force at once.

CHAPTER II

Amendments to the Maharashtra

Village Panchayats Act.

2.  In section 10 of the Maharashtra Village Panchayats Act (hereinafter

referred to as “the Village Panchayats Act”), in sub-section (2), for clause (c),

the following clause shall be substituted, namely :–

“(c) the seats to be reserved for persons belonging to the category of

Backward Class of Citizens shall be upto 27 per cent. of the total number of

seats to be filled in by election in a panchayat and the total reservation shall

not be more than 50 per cent. of the total seats in the panchayat and such seats

shall be allotted by rotation to different wards in a panchayat:

Provided that, in a panchayat comprising entirely the Scheduled Areas,

the seats to be reserved for the persons belonging to the Backward Class of

Citizens shall be the seats remaining, if any, after reservation of the seats for

the Scheduled Tribes and Scheduled Castes:

Provided further that, the reservation for the persons belonging to

the Backward Class of Citizens in a panchayat falling only partially in the

Scheduled Areas shall be as per the provisions of this clause:

Provided also that, one-half of the total number of seats so reserved shall be

reserved for women belonging to the category of Backward Class of Citizens;”.

3.  In section 30 of the Village Panchayats Act, in sub-section (4), for

clause (b), the following clause shall be substituted, namely:—

“(b) the offices of Sarpanchas to be reserved for the persons belonging to

the category of Backward Class of Citizens shall be upto 27 per cent. of the

total number of such offices in the panchayats and the total reservation shall

not be more than 50 per cent. of the total seats in the concerned District:

Provided that, one-half of the offices so reserved shall be reserved for

women belonging to the category of Backward Class of Citizens;”.

CHAPTER III

Amendments to the Maharashtra Zilla

Parishads and Panchayat Samitis Act, 1961.

4.  In section 12 of the Maharashtra Zilla Parishads and Panchayat

Samitis Act, 1961 (hereinafter referred to as “the Zilla Parishads and Panchayat

Samitis Act”), in sub section (2), for clause (c), the following clause shall be

substituted, namely:—

“(c) the seats to be reserved for the persons belonging to the category of

Backward Class of Citizens shall be upto 27 per cent. of the total number of

Short title

and com­

mencement.

Amendment

of section 10

of III of 1959.

Amendment

of section 30

of III of 1959.

Amendment

of section 12

Mah. V of

1961.

Mah.

V of of

1962.

III of

1959.

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर २३, २०२१/आश्विन १, शके १९४३ 3

seats to be filled in by election in a Zilla Parishad and the total reservation

shall not be more than 50 per cent. of the total seats in the Zilla Parishad and

such seats shall be allotted by rotation to different electoral divisions in a Zilla

Parishad:

Provided that, in a Zilla Parishad comprising entirely the Scheduled

Areas, the seats to be reserved for the persons belonging to the Backward

Class of Citizens shall be the seats remaining, if any, after reservation of the

seats for the Scheduled Tribes and Scheduled Castes:

Provided further that, the reservation for the persons belonging to the

Backward Class of Citizens in a Zilla Parishad falling only partially in the

Scheduled Areas shall be as per the provisions of this clause:

Provided also that, one-half of the total number of seats so reserved shall be

reserved for women belonging to the category of Backward Class of Citizens;”.

5.  In section 42 of the Zilla Parishads and Panchayat Samitis Act, in

sub-section (4), for clause (b), the following clause shall be substituted, namely :–

“(b) the offices of Presidents to be reserved for persons belonging to the

category of Backward Class of Citizens shall be upto 27 per cent. of the total

number of such offices in the Zilla Parishads and the total reservation shall

not be more than 50 per cent. of the total seats in the State:

Provided that, one-half of the offices so reserved shall be reserved for

women belonging to the category of Backward Class of Citizens;”.

6.  In section 58 of the Zilla Parishads and Panchayat Samitis Act, in

sub-section (1B), for clause (c), the following clause shall be substituted,

namely: —

“(c) the seats to be reserved for the persons belonging to the category of

Backward Class of Citizens shall be upto 27 per cent. of the total number of

seats to be filled in by election in a Panchayat Samiti and the total reservation

shall not be more than 50 per cent. of the total seats in the Panchayat Samiti

and such seats shall be allotted by rotation to different electoral colleges in a

Panchayat Samiti:

Provided that, in a Panchayat Samiti comprising entirely the Scheduled

Areas, the seats to be reserved for the persons belonging to the Backward Class

of Citizens shall be the seats remaining, if any, after reservation of the seats

for the Scheduled Tribes and Scheduled Castes:

Provided further that, the reservation for the persons belonging to the

Backward Class of Citizens in a Panchayat Samiti falling only partially in the

Scheduled Areas shall be as per the provisions of this clause:

Provided further that, one-half of the total number of seats so reserved

shall be reserved for women belonging to the category of Backward Class of

Citizens;”.

7.  In section 67 of the Zilla Parishads and Panchayat Samitis Act, in sub-

section (5), for clause (b), the following clause shall be substituted, namely:—

“(b) the offices of Chairman to be reserved for the persons belonging to the

category of Backward Class of Citizens shall be upto 27 per cent. of the total

number of such offices in the Panchayat Samitis and the total reservation shall

not be more than 50 per cent of the total seats in the State:

Provided that, one-half of the offices so reserved shall be reserved for

women belonging to the category of Backward Class of Citizens;”.

Amendment

of section 42

of Mah. V of

1962.

Amendment

of section 58

of Mah. V of

1962.

Amendment

of section 67

of Mah. V of

1962.

भाग आठ ---३७--२

4

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर २३, २०२१/आश्विन १, शके १९४३

STATEMENT

Section 10(2)(c) and section 30(4)(b) of the Maharashtra Village Panchayats

Act (III of 1959) and section 12(2)(c), section 42(4)(b), section 58(1B)(c) and

section 67(5)(b) of the Maharashtra Zilla Parishads and Panchayat Samitis

Act, 1961 (Mah. V of 1962) provides for reservation of seats in Panchayats

and in Zilla Parishads and in Panchayat Samitis, respectively, for persons

belonging to the category of Backward Class of Citizens. The said Acts provides

reservation of 27 per cent. for Backward Class of Citizens of the total number

of seats to be filled in by election, in Panchayats and in Zilla Parishads and in

Panchayat Samitis.

2.  The notifications dated the 27th July 2018 and the 14th February

2020 and other notifications were issued by the State Election Commission

for providing reservation for the persons belonging to the Scheduled Castes,

Scheduled Tribes and the category of Backward Class of Citizens and

accordingly, the State Election Commission has conducted elections of the

Zilla Parishads and Panchayat Samitis.

3.  The provisions of section 12(2)(c) of the Maharashtra Zilla Parishads

and Panchayat Samitis Act, 1961 and the notifications dated the 27th July

2018 and the 14th February 2020 issued by the State Election Commission

providing reservation exceeding 50 per cent. in respect of Zilla Parishads and

Panchayat Samitis of Districts Washim, Akola, Nagpur and Bhandara, were

challenged before the Supreme Court in Vikas Kishanrao Gawali V/s. State of

Maharashtra and Ors. [Writ Petition (Civil) No. 980 of 2019].

The Supreme Court, vide its Order dated the 4th March 2021, has

quashed and set aside the said notifications to the extent that they provide for

reservation of seats for OBCs being void and non est in law and also directed

that vacancy of seats caused on account of the declaration be forthwith filled

up by the State Election Commission with general/open category candidates

for the remainder term of the concerned local bodies, by issuing notification in

that regard. The Supreme Court has also held that, the reservation in favour

of Other Backward Class in concerned local bodies can be notified to the extent

that it does not exceed 50 per cent. of the total seats reserved in favour of SCs/

STs/OBCs taken together.

4.  In Paragraph 12 of the said judgment, the Supreme Court has held

that, the following triple test/conditions required to be complied by the State

before reserving seats in the local bodies for OBCs :–(1) To set up dedicated

Commission to conduct contemporaneous rigorous inquiry into nature and

implications of the backwardness qua local bodies, within the State, (2) to

specify the proportion of reservation required to be provisioned local body

wise in light of recommendations of the Commission, so as not to fall foul of

overbreadth; and (3) in any case such reservation shall not exceed aggregate

of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs taken

together.

In pursuant of the said judgment, the Government has assigned the said

work to the Maharashtra State Commission for Backward Classes constituted

under the Maharashtra State Commission for Backward Classes Act, 2005

(Mah. XXXIV of 2006). The Commission will require reasonable time to conduct

the contemporaneous rigorous inquiry for the said purpose.

5.  In the said judgment in Paragraph 28, the Supreme Court has held

that, the challenge to the validity of section 12(2)(c) of the 1961 Act is negatived.

Instead, that provision is being read down to mean that reservation in favour

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर २३, २०२१/आश्विन १, शके १९४३ 5

of OBCs in the concerned local bodies can be notified to the extent that it does

not exceed aggregate 50 per cent of the total seats reserved in favour of SCs/

STs/OBCs taken together. In other words, the expression “shall be” preceding

27 per cent. occurring in section 12(2)(c), be construed as “may be” including

to mean that reservation for OBCs may be upto 27 per cent. but subject to the

outer limit of 50 per cent. aggregate in favour of SCs/STs/OBCs taken together,

as enunciated by the Constitution Bench of this Court.

6.  In view of the said judgment, the OBCs has no reservation in local

bodies. To give representation to OBCs in local bodies, the Government has

decided, as an intermediate measure, to make provision for reservation upto 27

per cent. of seats to the persons belonging to the category of Backward Class of

Citizens in Panchayats, Panchayat Samitis and Zilla Parishads and to provide

that, the total reservation shall not be more than 50 per cent. of the total seats

in the local bodies. It is, therefore, proposed to make suitable amendments in

section 10(2)(c) and section 30(4)(b) of the Maharashtra Village Panchayats Act

and section 12(2)(c), section 42(4)(b), section 58(1B)(c) and section 67(5)(b) of

the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

7.  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 23rd September 2021.

Governor of Maharashtra.

By order and in the name of the Governor of Maharashtra,

RAJESH KUMAR,

Additional Chief Secretary to Government.

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.