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.