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 ;

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)

III of

1959.

Mah. V

of 1962.

Mah.

Ord. III

of 2021.

भाग आठ-१९—१

RNI No. MAHENG /2009/35528

महाराष्ट्रõ शासन राजपत्र

असाधारण भाग आठ

वर्ष ८, अंक ५]

मंगळवार, फेब्रुवारी १, २०२२/माघ १२, शके १९४३

[पृष्ठे ४, किंमत : रुपये २७.००

असाधारण क्रमांक १९

प्राधिकृत प्रकाशन

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

विधि व नयाय विभागाकडून आलेली विधेयके (इंग्रजी अनुुवाद).

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.)

2 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

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.

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

of Mah. V of

1961.

Mah. V

of 1962.

III of

1959.

महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी १, २०२२/माघ १२, 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.

4 महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, फेब्रुवारी १, २०२२/माघ १२, शके १९४३

CHAPTER IV

Miscellaneous

8.  (1)  The Maharashtra Village Panchayats and the Maharashtra Zilla

Parishads and Panchayat Samitis (Amendment) Ordinance, 2021, is hereby

repealed.

(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.

10

Mah.

Ord. III

of 2021.

Repeal of

Mah. Ord. III

of 2021 and

saving.

III of

1959,

Mah. V

of 1962.

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.