[1
OF 2023] [28th
April 2023] AN ORDINANCE 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 are not in session; AND WHEREAS the Governor of
Maharashtra is satisfied that circumstances exist which render 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 ; NOW, THEREFORE, in exercise
of the powers conferred by clause (1) of article 213 of the Constitution of
India, the Governor of Maharashtra is hereby pleased to promulgate the
following Ordinance, namely :- CHAPTER 1 PRELIMINARY (1)
This Ordinance may be called the Maharashtra
Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis
(Amendment) Ordinance, 2023. (2)
It shall come into force at once. CHAPTER 2 AMENDMENTS TO THE MAHARASHTRA
VILLAGE PANCHAYATS ACT "Provided that, for the
General or bye-elections for which the last date of filing of nomination falls
on or before the 31st December 2023, in accordance with the election programme
declared by the State Election Commission, a person who has applied to the
Scrutiny Committee for verification of his Caste Certificate before the date of
filing of the nomination papers but who has not received the Validity
Certificate on the date of filing of the nomination papers shall submit, along
with the nomination papers,- (i)
a true copy of the application preferred by
him to the Scrutiny Committee for issuance of the Validity Certificate or any
other proof of having made such application to the Scrutiny Committee ; and (ii)
an undertaking that he shall submit, within a
period of twelve months from the date on which he is declared elected, the
Validity Certificate issued by the Scrutiny Committee : Provided further that, if
such person fails to produce the Validity Certificate within a period of twelve
months from the date on which he is declared elected, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a member.". "Provided that, for the
elections for the post of Sarpanch for which the last date of filing of
nomination falls on or before the 31st December 2023, in accordance with the
election programme declared by the State Election Commission, a person who has
applied to the Scrutiny Committee for verification of his Caste Certificate
before the date of filing of the nomination papers but who has not received the
Validity Certificate on the date of filing of the nomination papers shall
submit, along with the nomination papers,- (i)
a true copy of the application preferred by
him to the Scrutiny Committee for issuance of the Validity Certificate or any
other proof of having made such application to the Scrutiny Committee ; and (ii)
an undertaking that he shall submit, within a
period of months from the date on which he is declared elected, the Validity
Certificate issued by the Scrutiny Committee : Provided further that, if
such person fails to produce the Validity Certificate within a period of twelve
months from the date on which he is declared elected, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a Sarpanch.". CHAPTER 3 AMENDMENTS TO THE MAHARASHTRA ZILLA
PARISHADS AND PANCHAYAT SAMITIS ACT, 1961. "Provided that, for the
General or bye-elections for which the last date of filing of nomination falls
on or before the 31st December 2023, in accordance with the election programme
declared by the State Election Commission, a person who has applied to the
Scrutiny Committee for verification of his Caste Certificate before the date of
filing of the nomination papers but who has not received the Validity
Certificate on the date of filing of the nomination papers shall submit, along
with the nomination papers,- (i)
a true copy of the application preferred by
him to the Scrutiny Committee for issuance of the Validity Certificate or any
other proof of having made such application to the Scrutiny Committee ; and (ii)
an undertaking that he shall submit, within a
period of twelve months from the date on which he is declared elected, the
Validity Certificate issued by the Scrutiny Committee : Provided further that, if
such person fails to produce the Validity Certificate within a period of twelve
months from the date on which he is declared elected, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a Councillor.". "Provided that, for the
elections for the post of President for which the last date of filing of
nomination falls on or before the 31st December 2023, in accordance with the
election programme declared, a person who has applied to the Scrutiny Committee
for verification of his Caste Certificate before the date of filing of the
nomination papers but who has not received the Validity Certificate on the date
of filing of the nomination papers shall submit, along with the nomination
papers,- (i)
a true copy of the application preferred by
him to the Scrutiny Committee for issuance of the Validity Certificate or any
other proof of having made such application to the Scrutiny Committee ; and (ii)
an undertaking that he shall submit within a
period of twelve months from the date on which he is declared elected, the
Validity Certificate issued by the Scrutiny Committee : Provided further that, if
such person fails to produce the Validity Certificate within a period of twelve
months from the date on which he is declared elected, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a President.". "Provided that, for the
elections for the post of Chairman for which the last date of filing of
nomination falls on or before the 31st December 2023, in accordance with the
election programme declared, a person who has applied to the Scrutiny Committee
for verification of his Caste Certificate before the date of filing of the
nomination papers but who has not received the Validity Certificate on the date
of filing of the nomination papers shall submit, along with the nomination
papers,- (i)
a true copy of the application preferred by
him to the Scrutiny Committee for issuance of the Validity Certificate or any
other proof of having made such application to the Scrutiny Committee ; and (ii)
an undertaking that he shall submit within a
period of twelve months from the date on which he is declared elected, the
Validity Certificate issued by the Scrutiny Committee : Provided further that, if
such person fails to produce the Validity Certificate within a period of twelve
months from the date on which he is declared elected, his election shall be
deemed to have been terminated retrospectively and he shall be disqualified for
being a Chairman.".Maharashtra
Village Panchayats And The Maharashtra Zilla Parishads And Panchayat Samitis
(Amendment) Ordinance, 2023
In section 10-1A of the Maharashtra Village Panchayats Act (hereinafter in this
Chapter referred to as "the Maharashtra Village Panchayats Act"), for
the existing provisos, the following provisos shall be substituted, namely :-
In section 30-1A of the Maharashtra Village Panchayats Act, for the existing
provisos, the following provisos shall be substituted, namely :-
In section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act,
1961 (hereinafter in this Chapter referred to as "the Maharashtra Zilla
Parishads and Panchayat Samitis Act"), for the existing provisos, the
following provisos shall be substituted, namely :-
In section 42 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, in
sub-section (6A), for the existing provisos, the following provisos shall be
substituted, namely :-
In section 67 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, in
sub-section (7A), for the existing provisos, the following provisos shall be
substituted, namely :-