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.