¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

1

L. A. BILL No. XXVII OF 2022.

A BILL

to provide for creation of supernumerary posts in the cadre of civil

services and posts of the Government, Government Departments and

offices or authorities subordinate thereto and to appoint candidates

selected and recommended by selection authorities thereon.

WHEREAS, it is expedient to provide for creation of supernumerary

posts in the cadre of civil services and posts of the Government, Government

Departments and offices or authorities subordinate thereto and to appoint

candidates selected and recommended by selection authorities thereon and

for matters connected therewith or incidental thereto; it is hereby enacted

in the Seventy-third Year of the Republic of India as follows :—

1. This Act may be called the Maharashtra Creation of Supernumerary

Posts and Appointment of Selected Candidates Act, 2022.

2. In this Act, unless the context otherwise requires,—

(a) “ Competent Authority ” means the authority competent to select

or appoint the candidates on the posts in the cadres specified in the

Schedule ;

Definitions.

Short title.

In pursuance of clause (3) of article 348 of the Constitution of India,

the following translation in English of the Maharashtra Creation of

Supernumerary Posts and Appointment of Selected Candidates Bill, 2022.

(L. A. Bill No. XXVII of 2022), introduced in the Maharashtra Legislative

Assembly on the 25th August 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.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 8, +ÆEòú 34(2)]

MÉÖ°ü´ÉÉ®ú, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

[{ÉÞ¹`äö 10, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 72

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxɪɨÉ

+ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

RNI No. MAHENG /2009/35528

¦ÉÉMÉ +É`ö---72------1

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

(b) “Government” means the Government of Maharashtra;

(c) “Schedule” means the Schedule appended to this Act;

(d) “Selection Authority” means the Maharashtra Public Service

Commission, District Selection Committees and other Selection Authorities

competent to select the candidates for the services and posts of the

Government, Government Departments and offices or authorities

subordinate thereto;

(e) “candidates” means the candidates selected and recommended by

the concerned Selection Authority for the appointments in the cadre of

civil services and posts mentioned in the Schedule.

3. Notwithstanding anything contained in any judgment, decree or

order of any court or in the recruitment rules or orders issued by the

Government, Government Departments and offices or authorities

subordinate thereto, the supernumerary posts shall be created in the cadres

of civil services and posts mentioned in the Schedule.

4. (1) Notwithstanding anything contained in any judgment, decree or

order of any court or in the recruitment rules or orders issued by the

Government, the candidates who are selected by the Selection Authority

for appointments to the civil services and posts of the Government,

Government Departments and offices or authorities subordinate thereto,

and whose names are recommended for such appointments to the

Government or Government Departments and offices or authorities

subordinate thereto or to the Competent Authorities, on or before the 9th

September 2020, in the cadre of civil services and posts mentioned in the

Schedule, shall be deemed to have been validly selected and such candidates

shall be appointed on the supernumerary posts created under section 3 in

the respective cadres of the Government, Government Departments and

offices or authorities subordinate thereto, in accordance with the procedure

of the relevant rules applicable to the said cadres and posts.

(2) The concerned Government Departments and offices or authorities

subordinate thereto shall give appointment to the said candidates by

following procedure therefor.

(3) The option shall be given to such candidates to join the service. The

candidates shall join the service within the period specified therein. After

expiry of the said period, no candidate shall be allowed to join the service.

(4) The Government may issue necessary instructions or orders for

compliance of the Act.

5. (1) If any difficulty arises in giving effect to the provisions of this

Act, the Government may, as occasion arises, by an order published in the

Official Gazette, do anything not inconsistent with the provisions of this

Act, which appears to it to be necessary or expedient for removing the

difficulty :

Provided that, no such order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

Creation of

supernume-

rary posts.

Validation of

selection of

candidates in

civil services

and posts; and

their

appointments.

Power to

remove

difficulty.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

3

SCHEDULE

(See sections 3 and 4)

Sr.No.

Name of the

Cadre

Group

Number of

Department

Posts

(1)

(2)

(3)

(4)

(5)

1

General

(i) Desk Officer

B

1

Administration

(ii) Clerk-cum-Typist

C

12

Department.

2

Revenue and

(i) Deputy Collector

A

3

Forests

Department.

(ii) Tahasildar

A

10

(iii) Deputy

Superintendent

B

1

(iv)

Naib Tahasildar

B

13

(v) Forest Guard

C

10

(vi) Clerk

C

4

(vii) Talathi

C

10

(viii) Peon

D

2

3

Agriculture, Animal (i) Agriculture Assistant

C

13

Husbandry, Dairy

(ii) Livestock Supervisor

C

1

Development and

Fisheries

Department.

4

Finance

(i) Assistant

A

3

Department.

Commissioner of

State Taxes

(ii) State Tax Inspector

B

13

(iii) Senior Assistant

B

1

(Accounts)

(iv) Tax Assistant

C

12

5

Rural Development (i) Health Worker (Male)

C

4

Department.

(ii) Gram Sevak

C

1

(iii) Health Worker

C

4

(Female)

(iv) Junior Engineer

C

1

Micro Irrigation

(v) Assistant Civil

C

3

Engineer

(vi) Junior Engineer

C

1

(Rural Water Supply)

(vii) Live stock

C

1

Supervisor.

(viii) Peon

D

2

¦ÉÉMÉ +É`ö---72------2

4

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

SCHEDULE—Contd.

(1)

(2)

(3)

(4)

(5)

6

Urban Development (i) Veterinary Officer

A

2

Department.

(ii) Junior Engineer

B

2

(Civil)

(iii) Sub Engineer

B

2

(Civil)

(iv) Sub Engineer

B

1

(Mechanic and Electric)

(v) Birth Registration

C

9

Clerk/ Death

Registration

Clerk/ Notice Clerk

(vi) Section Engineer

B

1

(vii) Junior Engineer

C

1

(v iii) Junior Engineer

C

1

(Signaling and

Tele communication)

(ix) Junior Engineer Store

C

1

(x) Station Controller

C

3

(xi) Safety Supervisor -II

C

1

(xii) Technician Civil-II

C

1

(xiii) Technician

C

1

(Emergency

Maintenance)

(xiv) Technician

C

2

(Emergency

Maintenance-II)

(xv) Technician -I

C

1

(xvi) Technician

C

9

(Signaling and

Telecommunication)

II

(xvii) Technician -II

C

16

(xviii) Helper

D

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

5

7

Industries,

(i) Industries Deputy

A

2

Energy and Labour

Director (Technical)

Department.

(ii) Industries Officer

B

12

(Directorate of

Industries)

MIDC

(i) Executive Engineer

B

1

(Civil)

(ii) Deputy Engineer

B

1

(Mechani c and

Electric)

MAHAGENCO

Technical-III

C

85

MAHADISCOM

(i) Additional Executive

Pay

1

Engineer (Civil)

Group 1

(ii) Additional

Pay

4

Executive Engineer

Group 1

(Distribution)

(iii) Deputy Executive

Pay

7

Engineer

Group 2

(Distribution)

(iv) Deputy Executive

Pay

1

Engineer (Civil)

Group 2

(v) Executive

Pay

4

Engineer (Civil)

Group 2

(vi) Junior Engineer

Pay

2

(Civil)

Group 3

(vii) Assistant

Pay

391

(Electric)

Group 4

(viii) Graduate

B

4

Engineer

Trainee (Civil)

(ix) Diploma Engineer

C

43

Trainee

(Distribution)

(x) Diploma Engineer

C

2

Trainee (Civil)

(xi) Diploma Engineer

C

5

Trainee

(Distribution)

(Internal Notification)

(xii) Upkendra

C

279

Sahayyak

SCHEDULE—Contd.

(1)

(2)

(3)

(4)

(5)

¦ÉÉMÉ +É`ö---72------2+

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

8

Tribal

Superintendent

C

1

Development

(Female)

Department.

9

Public Works

(i) Civi l Engineering

B

3

Department.

Assistant

(ii) Junior Clerk

C

3

(iii) Junior Clerk-Typist

C

3

(iv) Khansama

D

2

(v) Mileman

D

6

(vi) Watchman

D

2

(vii) Peon

D

3

10

Home Department.

Deputy

A

1

Superintendent of

Police/ Assistant

Commissioner of

Police

State Excise

(i) Assistant

B

1

Commissioner

(ii) Deputy

B

5

Superintendent

(iii) Sub Inspector

C

3

11

School Education

Deputy Education

A

4

Department.

Officer

12

Medical

Pharmacist

B

1

Education and

Drugs Department /

Zilla Parishad.

Total

1064

SCHEDULE—Contd.

(1)

(2)

(3)

(4)

(5)

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

7

STATEMENT OF OBJECTS AND REASONS.

The reservation of seats for appointment in public services and posts

under the State was given to the Socially and Educationally Backward

Classes of Citizens including Maratha community by the Maharashtra State

Reservation (of seats for admission in educational institutions in the State

and for appointments in the public services and posts under the State) for

Socially and Educationally Backward Classes (SEBC) Act, 2018 (Mah. LXII

of 2018). The reservation was also given to Economically Weaker Section

(EWS) as per the provisions of article 16(6) of the Constitution as amended

by the Constitution (One Hundred and Third Amendment) Act, 2019.

2. The said Maharashtra Act of LXII of 2018 was challenged before

the Bombay High Court. The High Court upheld the provisions of the said

Act; however, it was challenged in appeal before the Supreme Court. The

Supreme Court by its order dated the 5th May 2021 in Dr. Jaishri

Laxmanrao Patil v/s Chief Minister and Ors. (Civil Appeal No. 3123 of

2020) and connected appeals and writ petitions, has struck down the said

Act. The Hon’ble Supreme Court has held that, “all the appointments made

to the members of the Maratha community in public services after the

judgment of the High Court dated 27-06-2019 till order passed by this

Court on 09-09-2020 are saved. However, no further benefit can be claimed

by such Maratha students admitted in the different courses or Maratha

students who were appointed in public services in the State under Act,

2018.”.

3. The direct recruitment in public services and posts was made for

all categories of candidates including Socially and Educationally Backward

Classes candidates by the Maharashtra Public Service Commission, District

Selection Committees and other Selection Authorities, competent to select

the candidates for the Government, Government Departments and offices

or authorities subordinate thereto, through competitive selection process.

The appointments have been given to many candidates of the said categories

as per their merit of the competitive examinations. The appointments given

to the Socially and Educationally Backward Classes candidates in public

services after the judgment of the High Court dated 27th June 2019 till

order passed by the Supreme Court on 9th September 2020, have been

saved by the Supreme Court order. However, some candidates of the said

category who were selected before 9th September 2020 by the respective

selection authorities by following due procedure, but due to Covid- 19

pandemic and lock down in the State, it could not be possible to issue the

appointment letters to the said selected candidates, therefore they are

deprived of such appointments.

4. After Hon’ble Supreme Court’s judgment, the original selection lists

were revised by the respective selection authorities. On account of revision

of original selection lists, many candidates including candidates from all

reserved categories who were at the bottom of the original selection lists,

could not make it to the revised select lists and thus are deprived of

appointments in civil services. The Government is of the view that the

appointments are denied to the said candidates without their fault.

8

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

5. The candidates who were selected before 9th September 2020 but

could not be offered appointments in Civil services before 9th September

2020 are identically placed, to the candidates who are offered appointments

before that date and are the victims of circumstances. Therefore, the

Government considers it expedient to create supernumerary posts in the

cadres specified in the Schedule, for such candidates whose selection process

had been concluded before 9th September 2020 and they are recommended

for appointments in Civil services after completing due process of selection

by the Maharashtra Public Service Commission, District Selection

Committees and other Selection Authorities, but whose appointment letters

could not be issued before that date, due to Covid-19 pandemic and lock

down in the State, and to give them appointments on the said posts, by

enacting a law.

6. The Bill is intended to achieve the above objectives.

Mumbai,

EKNATH SAMBHAJI SHINDE,

Dated the 24th August, 2022.

Chief Minister.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

9

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

power, namely :—

Clause 4(4).— Under this clause, power is taken to the State

Government to issue necessary instructions or orders for compliance of

the Act.

Clause 5.— Under this clause, power is taken to the State Government,

to issue an order published in the Official Gazette, for removing any

difficulty which may arise in giving effect to the provisions of this Act.

2. The above-mentioned proposals for delegation of legislative power

are of normal character.

10

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 25, 2022/¦ÉÉpù{Énù 3, ¶ÉEäò 1944

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for validation of selection of candidates

in Civil Services and posts ; and their appointments. Sub-clause (1) of

clause 4 provides for appointment on the supernumerary posts created

under clause 3, mentioned in the Schedule. This would require recurring

expenditure of rupees 7.40 crores every year approximately to be met out

from the Consolidated Fund of the State on enactment of the Bill as an Act

of the State Legislature.

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.