Part VIII Extra No. 20 (01-02-2022) Maharashtra Act No. XX of 2022

RNI No. MAHENG /2009/35528

महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ८, अंक ५] मंगळवार, फेब्रुवारी १, २०२२/माघ १२, शके १९४३ [पृष्ठठे ४, ककंमत : रुपये २७.००

असाधारण क्रमांक १९

प्ाकधकृत प्काशन

महाराष्ट्र कवधानमंडळाचे अकधकनयम व राजयपालांनी प्खयाकपत केलेले अधयादेश व केलेले कवकनयम आकण

कवकध व नयाय कवभागाकडून आलेली कवधेयके (इंग्रजी अनरुवाद).

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) Act, 2021 (Mah. Act. No. XIX of 2022), 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.

MAHARASHTRA ACT No. XIX OF 2022

(First published, after having received the assent of the Governor in the " Maharashtra Government Gazette ", on the 1st February 2022.)

L. A. BILL No. XXIII oF 2021.

A BILL

An Act 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 were not in session ;

III of 1959. Mah. V of 1962. Mah. Ord. III of 2021.

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered 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 ; and therfore, promulgated the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2021, on the 23rd September 2021 ;

(१)

भाग आठ-१९—१२ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी १, २०२२/माघ १२, शके १९४३ AND WHEREAS, it is expedient to replace the said Ordinance by an Act of the State Ligislature ; it is hereby encacted in the Seventy-second Year of the Republic of India as follows :—

CHAPTER I

Preliminary

Short title and com- mencement.

1. (1) This Act may be called the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2021.

(2) It shall be deemed to have come into force on the 23rd September 2021.

CHAPTER II

amendments to the maharashtra Village Panchayats act.

III of 1959.

Amendment of section 10 of III of 1959.

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:—

Amendment of section 30 of III of 1959.

"(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.

Mah. V of 1962.

Amendment of section 12 of Mah. V of 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 महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी १, २०२२/माघ १२, शके १९४३ ३

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 :–

Amendment of section 42 of Mah. V of 1962.

"(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: —

Amendment of section 58 of Mah. V of 1962.

"(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:—

Amendment of section 67 of Mah. V of 1962.

"(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;". ४ महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी १, २०२२/माघ १२, शके १९४३ CHAPTER IV

miscellaneous

Mah. Ord. III of 2021.

8. (1) The Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2021, is hereby repealed.

Repeal of Mah. Ord. III of 2021 and saving.

III of 1959, Mah. V of 1962.

(2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the Maharashta Village Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the relevant Acts, as amended by this Act.

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.