RNI No. MAHENG / 2009 / 35528
सत्यमेवजयते
महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
वर्ष ७ , अंक २३]
सोमवार , डिसेंबर ६, २०२१/ अग्रहायण १५ , शके १ ९ ४३ [ पृष्ठे ५ , किंमत : रुपये २७.००
असाधारण क्रमांक ४८
प्राधिकृत प्रकाशन
महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि विधि व न्याय 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 ( Second Amendment ) Ordinance , 2021 ( Mah . Ord . XIV of 2021 ) , is hereby published under the authority of the Governor .
By order and in the name of the Governor of Maharashtra ,
N. P. DHOTE ,
Principal Secretary and R.L.A to Government , Law and Judiciary Department .
[Translation in English of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment ) Ordinance , 2021 ( Mah . Ord . XIV of 2021 ) , is hereby published under the authority of the Governor . ]
RURAL DEVELOPMENT DEPARTMENT
Bandhkam Bhavan , 25 , Marzban Path , Fort , Mumbai 400 001 , dated the 6th December 2021 .
MAHARASHTRA ORDINANCE No. XIV 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 III of action further to amend the Maharashtra Village Panchayats Act and 1959. the Maharashtra Zilla Parishads and Panchayat Samitis Act , 1961 , for the Mah . V of 1962. purposes hereinafter appearing ;
भाग आठ - ४८-१
(१) २
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर ६ , २०२१/ अग्रहायण १५ , शके १९ ४३
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 .
Short title and commencement .
1. ( 1 ) This Ordinance may be called the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Ordinance , 2021 .
(2) It shall come into force at once .
CHAPTER II
AMENDMENTS TO THE MAHARASHTRA VILLAGE PANCHAYATS ACT .
Amendment of section 10- 1959. 1A of III of
2. In section 10-1A of the Maharashtra Village Panchayats Act III of (hereinafter in this Chapter referred to as " the Maharashtra Village 1959 . Panchayats Act " ) , for the existing provisos , the following provisos shall be substituted , namely :-
"Provided that , for the General or bye - elections for which the last date of filing of nomination falls on or before the 31st December 2022 , 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 . ".
Amendment of section 30- 1A of III of 1959 .
3. In section 30-1A of the Maharashtra Village Panchayats Act , for the existing provisos , the following provisos shall be substituted , namely :- "Provided that , for the elections for the post of Sarpanch for which the last date of filing of nomination falls on or before the 31st December 2022 , 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 ३ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर ६ , २०२१/ अग्रहायण १५ , शके १९ ४३
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 ." .
CHAPTER III
AMENDMENTS TO THE MAHARASHTRA ZILLA PARISHADS AND PANCHAYAT SAMITIS ACT , 1961 .
Mah. V of
4. In section 12A of the Maharashtra Zilla Parishads and Panchayat Amendment 1962. Samitis Act , 1961 ( hereinafter in this Chapter referred to as " the of section 12A Maharashtra Zilla Parishads and Panchayat Samitis Act " ) , for the existing of Mah . V of provisos , the following provisos shall be substituted , namely :- 1962.
"Provided that , for the General or bye - elections for which the last date of filing of nomination falls on or before the 31st December 2022 , 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 Amendment Samitis Act , in sub - section (6A) , for the existing provisos , the following provisos shall be substituted , namely : -
of section 42 ofMah . 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 31st December 2022 , 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
भाग आठ - ४८-२ ४
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर ६ , २०२१/ अग्रहायण १५ , शके १९ ४३
(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 section 67 Samitis Act , in sub - section (7A) , for the existing provisos , the following shall be substituted , namely :-
Amendment of of Mah . V of1962. provisos
"Provided that , for the elections for the post of Chairman for which the last date of filing of nomination falls on or before the 31st December 2022 , 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 Chairman . " .
५ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर ६ , २०२१ /अग्रहायण १५ , शके १ ९ ४३
STATEMENT
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 elections 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) ( hereinafter referred to as " the Caste Certificate Act" ) .
2. The Caste Scrutiny Committees are overburdened with the work of verification of Caste Certificate . General elections to some of the Village Panchayats , Zilla Parishads and Panchayat Samitis as well as by elections are likely to be held in near future . The candidates willing to contest abovereferred elections have been facing difficulties in obtaining the Caste Validity Certificates from Caste Scrutiny Committees as per the provisions of the Caste Certificate Act and the rules framed thereunder within a short period before filing of nomination papers for such elections .
3. It is therefore , considered expedient to ensure that the candidates of such elections should not be deprived of an opporutnity to contest such elections for reserved seats merely because of the non - issuance of the Caste Validity Certificate by the Caste Scrutiny Committee in time . It is , therefore , 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 , with view to allow the persons desirous of contesting such elections 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 .
4. 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 ,
Governor of Maharashtra .
Dated the 5th December 2021 .
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 .