MAHARASHTRA GRAM RAKSHAK DAL RULES, 2017

PREAMBLE

Whereas the Government of Maharashtra considers to make the Maharashtra Gram Rakshak Dal Rules, should be brought into force at once, and therefore, the rules should be made without previous publication as provided by the proviso to sub-section (3) of section 143 of the Maharashtra Prohibition Act (XXV of 1949);

Now, therefore, in exercise of the powers conferred by clauses (x), (y) and (z) of sub-section (2) read with the proviso to sub-section (3) of section 143 of the Bombay Prohibition Act, 1949 and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following as follows, namely:-

Rule - 1. Short Title.?

These rules may be called the Maharashtra Gram Rakshak Dal Rules, 2017.

Rule - 2. Definitions.-

(1)          In these rules, unless the context otherwise requires,-

(a)          "Act" means the Maharashtra Prohibition Act (XXV of 1949);

(b)          "application" means a representation submitted by women voters of the Gram Sabha to the Sub-Divisional Magistrate;

(c)           "Form" means the Forms appended to these rules;

(d)          "Gram Sabha" means the Gram Sabha as defined in clause (9) of section 3 of the Maharashtra Village Panchayats Act (III of 1959);

(e)          "Gramsevak" means the secretary to the Panchayat as defined in sub-section (20) of section 3 of the Maharashtra Village Panchayats Act, 1958;

(f)            "Sub-Divisional Magistrate", "Tahsildar "and "Talathi "means the officers mentioned in the Maharashtra Land Revenue Code, 1966.

(2)          Words and expressions used in these rules but not defined in these rules shall have the meanings respectively assigned to them in the Act.

Rule - 3.

Procedure for filing representation by Gram Panchayat and Women Voters.--

(1)          If the Village Panchayat decides to establish a Gram Rakshak Dal in a village, as provided in sub-section (1) of section 134A, shall apply in Form-A appended to the rules, to the Sub-Divisional Magistrate, along with a copy of the Resolution passed by the Panchayat, to convey a special meeting of the Gram Sabha, for establishment of the Gram Rakshak Dal in the Village.

(2)          If the Women of the Village decides to establish a Gram Rakshak Dal in a village as provided in sub-section (1) of section 134A, shall apply in Form-B appended to the rules, to the Sub-Divisional Magistrate to convey a special meeting of the Gram Sabha, for establishment of the Gram Rakshak Dal in the Village.

(3)          The Gramsevak shall forward the application received, to the Sub-Divisional Magistrate.

Rule - 4.

Sub-Divisional Magistrate to convene special meeting of the Gram Sabha when application received under rule 3(1).--

(1)          When an application under sub-rule (1) of rule 3 is received, for the establishment of the Gram Rakshak Dal in a village, the Sub-Divisional Magistrate shall direct the Tahsildar to convene a special meeting of the Gram Sabha of that village within a month.

(2)          The Tahsildar shall decide the date and time of the special Gram Sabha in consultation with the Gram Panchayat.

(3)          In the special Gram Sabha, if it is decided by more than 50 per cent. of the total voters to establish a Gram Rakshak Dal, the Gram Sabha shall select the members of the Gram Rakshak Dal.

Rule - 5. Verification of application of Women voters.?

When an application by Women voters as provided in sub-rule (2) of rule 3, is received to the Sub-Divisional Magistrate for establishment of the Gram Rakshak Dal in a village, the Sub-Divisional Magistrate shall direct the Tahsildar to verify signatures of the Women voters. The Tahsildar shall verify signatures on application with the name in the voters' list with the help of Gramsevak and concerned Talathi of the village. After verification of the fact that such application is filed by not less than 25 per cent. of the Women voters out of the total Women voters of the village, the Tahsildar shall submit the verification report to the Sub-Divisional Magistrate.

Rule - 6.

Sub-Divisional Magistrate to convene special meeting of Women's Gram Sabha when application received under rule 3(2).--

(1)          After receipt of the report of the Tahsildar under rule 5, the Sub-Divisional Magistrate shall direct the Tahsildar to convene a special meeting of the Women's Gram Sabha of that village within a month, if the verification report is favourable.

(2)          The Tahsildar shall decide the date and time of the special Women's Gram Sabha in consultation with the Gram Panchayat.

(3)          If in a Women's Gram Sabha it is decided by more than 50 per cent. of the total Women voters to establish a Gram Rakshak Dal in a village, the Women's Gram Sabha shall select the members of Gram Rakshak Dal. If it is decided to appoint male members as members of Gram Rakshak Dal the consent of the member shall be required.

Rule - 7.

Establishment of Gram Rakshak Dal.--

(1)          There shall be video shooting of such Gram Sabha and said shooting shall be used as evidence.

(2)          As provided in rules 4 and 6, the names of the members of Gram Rakshak Dal selected in the special Gram Sabha, the Tahsildar shall send such names to the Sub-Divisional Magistrate and other details.

(3)          The Sub-Divisional Magistrate shall obtain, the antecedent reports from the police station of the recommended members. The Sub-Divisional Magistrate shall after verifying the details about the selected members issue the order to establish a Gram Rakshak Dal in the village.

(4)          The Tahsildar shall issue Identity cards to selected members of the Gram Rakshak Dal. The identity card shall be returned back once the tenure of the member ends.

Rule - 8.

Duties of Gramsevak and Talathi.--

The Gramsevak and Talathi shall assist the Tahsildar for establishment of the Gram Rakshak Dal and all works for the purposes of these rules.

Rule - 9.

Measures and precautions to be taken during Special Gram Sabha.--

(1)          The voters gathered for the Special Gram Sabha should be identified ensuring their names in the electoral rolls and then be given access to Gram Sabha.

(2)          No. person who is not a voter of that village should be allowed to enter the Special Gram Sabha.

(3)          The Tahsildar shall put before the Gram Sabha the purpose of convening the meeting and address to the Gram Sabha, explaining the intention of the provisions of the Act and that of the rules to establish Gram Rakshak Dal. The Tahsildar shall instruct the voters to suggest the names of the members to establish Gram Rakshak Dal.

Rule - 10.

Eligibility criteria for appointing a member of Gram Rakshak Dal.--

(a)          The person should be a voter of the village;

(b)          the person should have done appreciable work regarding prohibition;

(c)           the person should be a teetotaller;

(d)          No. crime should have been registered against the person in the past under Indian Penal Code or any other Act in which provision of punishment is more than three years.

Rule - 11.

Selection of members of Gram Rakshak Dal.--

(1)          Total number of members of Gram Rakshak Dal shall be equal to the number of members of that Village Panchayat, but the number of members in any case shall not be more than eleven.

(2)          The number of women members of the Gram Rakshak Dal shall not be less than one-third of the total members.

(3)          The Scheduled Castes and Scheduled Tribes category members should be in proportion to the population of such castes and tribes to the population of the village. If, No. suitable member is available from these categories then members from other categories may be selected.

Rule - 12.

Selection of Chairperson and Member-Secretary of Gram Rakshak Dal.--

(1)          In the first meeting of the Gram Rakshak Dal, the Chairperson and Member-Secretary shall be elected by majority from amongst the members.

(2)          The tenure of the Chairperson, Member-Secretary and member shall be co-terminus with the tenure of the Gram Rakshak Dal.

(3)          The resignation of the Chairperson shall be submitted to the Member-Secretary. The resignation of the Member-Secretary and member shall be submitted to the Chairperson.

(4)          The meeting of the Gram Rakshak Dal shall be conveyed at least once in three months.

(5)          If the members of the Gram Rakshak Dal decide to remove or appoint a new Chairperson of the Gram Rakshak Dal, may submit an application with signature of not less than three members to the Member-Secretary, with request to convene a Special meeting of the Gram Rakshak Dal. The members of the Gram Rakshak Dal shall select the Chairperson by majority.

(6)          It is mandatory to send the minutes of the meetings of the Gram Rakshak Dal to the Sub-Divisional Magistrate, Police station and State Excise Department having jurisdiction over the village and to the Village Panchayat.

(7)          The Member-Secretary of the Gram Rakshak Dal shall keep the record of minutes of the meetings of the Gram Rakshak Dal in Form-C and other record of the Gram Rakshak Dal.

Rule - 13.

Tenure of Gram Rakshak Dal and procedure to appoint new member and resignation of member.--

(1)          The term of Gram Rakshak Dal and its members shall be for two years from the date of issue of the order.

(2)          After establishment of the Gram Rakshak Dal, if, there is demand to remove any member from Gram Rakshak Dal, such member may be removed by passing a resolution in Gram Sabha by 51 per cent. of the total voters or 51 per cent. of Women total voters in favour of the resolution. The resolution shall be sent to the Sub-Divisional Magistrate. The Sub-Divisional Magistrate shall remove such member from the Gram Rakshak Dal.

(3)          The member of the Gram Rakshak Dal may submit his resignation to the Sub-Divisional Magistrate, who shall on verification accept it after due verification.

(4)          If any member is convicted in any offence, he shall automatically cease to be a member of the Gram Rakshak Dal. The Member-Secretary shall inform the same to the Sub-Divisional Magistrate.

(5)          The vacancy of the Gram Rakshak Dal shall be filled in by passing a resolution by majority in the Gram Sabha. The recommended name shall be forwarded to the Sub-Divisional Magistrate. The Sub-divisional Magistrate shall appoint such person as the member of the Gram Rakshak Dal. The new member shall be appointed for remaining term of the Gram Rakshak Dal.

(6)          If a member does not attend three consecutive meetings of the Gram Rakshak Dal, without sufficient cause, then the Member-Secretary may recommend to the Sub-Divisional Magistrate to remove such member as the member of the Gram Rakshak Dal. The Sub-Divisional Magistrate shall take the decision to remove the concerned member, only after satisfying himself of the reasons and after giving him a reasonable opportunity of being heard.

Rule - 14. Duties and responsibilities of members of the Gram Rakshak Dal.--

The members of the Gram Rakshak Dal shall,-

(a)          inform the Police and the State Excise Department in writing about the illegal manufacture, transport, possession and sale of liquor in the village;

(b)          prevent persons from causing and creating nuisance in public due to liquor consumption, counselling such persons or give written warning to such persons by signatures of at least three members of the Gram Rakshak Dal;

(c)           arrange programmes to curb the addiction, educate such people and create awareness about the adverse effects of alcoholism;

(d)          after intimation from the officers of the State Police Department or State Excise Department, co-operate in the legal proceeding and shall remain present as a Panch/Witness in the case.

Rule - 15. Review of Gram Rakshak Dal working.--

(1)          The Taluka level committee constituted by the Government Resolution, Home Department, No. CRM. 2004/608/Pol-11, dated the 23rd December 2005, for prohibition of illegal liquor shall convene a quarterly review meeting of the Gram Rakshak Dal. The Chairperson and the Member Secretary shall attend such meeting. The Tahsildar, Police Inspector and State Excise officer shall coordinate the review meeting and submit its report to the Sub-Divisional Magistrate.

(2)          The Member-Secretary shall maintain the Register of Preventive Measures, collect information regarding illegal/illicit liquor, classification of information, storage of records and such other works.