See Full Document Text
RNI No. MAHBIL /2009/40123
महाराष्टट्रõ शासन राजपत्र
असाधारण भाग पाच–अ
वर्षष ११, अंक १०] मंगळवार, जुलै १, २०२५/आर्षाढ १०, शके १९४७ [ पृष्ट्ठठे ८, ककंमत : रुपये ३६.००
असाधारण क्रमांक १८
प्ाकधकृत प्काशन
महाराष्टट्र कवधानसभेत व महाराष्टट्र कवधानपरिरर्षदेेत सादेर केलेली कवधेयके (इंंग्रजी अनुवादे)
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill which was introduced in the Maharashtra Legislative Council on the 1st July,
2025 is published under Rule 113 of the Maharashtra Legislative Council Rules :—
L. C. BILL No. VII OF 2025.
A BILL
to provide for the constitution of the Maharashtra State Commission for
Scheduled Tribes with a view to protect and safeguard the interests of the
Scheduled Tribes in the State of Maharashtra; and to recommend remedial
measures for their welfare and development and for the matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for the constitution of the
Maharashtra State Commission for Scheduled Tribes with a view to protect and
safeguard the interests of the Scheduled Tribes in the State of Maharashtra;
(१)
भाग पाच–अ-१८–१2 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७
and to recommend remedial measures for their welfare and development and
for the matters connected therewith or incidental thereto; it is hereby enacted
in the Seventy- sixth Year of the Republic of India as follows :–
CHAPTER I
Preliminary
Short 1. (1) This Act may be called the Maharashtra State Commission for
title and
Scheduled Tribes Act, 2025.
commence-
ment.
(2) It shall come into force on such date as the State Government may, by
notification published in the Official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) “Commission” means the Maharashtra State Commission for
Scheduled Tribes constituted under section 3;
(b) “Member” means a Member of the Commission and includes the
Chairperson and Member-Secretary;
(c) “prescribed” means prescribed by rules made under the Act;
(d) “regulations” means the regulations made by the Commission
under the Act;
(e) “Scheduled Tribes” shall have the same meaning as assigned to it
in clause (25) of article 366 of the Constitution of India;
(f) “State Government” or “Government” means the Government of
Maharashtra.
CHAPTER II
maharashtra state Commission For sCheduled tribes
Constitution 3. (1) The State Government shall, by notification published in the Official
of Maha-
Gazette, constitute a body to be known as the Maharashtra State Commission
rashtra State
Commission for Scheduled Tribes to exercise the powers conferred on and to perform the
for Scheduled functions assigned to it under the Act.
Tribes.
(2) The Commission shall consist of the following members nominated by
the State Government, namely :-
(a) a Chairperson, who shall be an eminent person belonging to the
Scheduled Tribes;
(b) a member, from amongst the Advocates who have experience of
minimum seven years practice in High Court or Sessions Court preferably
in the Protection of Civil Rights Act, 1955 and the Scheduled Castes and 22 of
1955.
Scheduled Tribes (Prevention of Atrocities) Act, 1989 or a retired District
33 of
and Session Judge or equivalent thereto; 1989.
(c) a member, from amongst the retired officers of the State
Government or Central Government, who has held the post not below the
rank of Joint Secretary to the State Government;महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७ 3
(d) a member, from amongst the renowned persons in the field of
social work or having an experience of working in voluntary organization or
Government organization in social and economic development of Scheduled
Tribes;
(e) a member, from amongst the retired Indian Police Service officers
and who have sufficient experience in handling social justice cases:
Provided that, out of the above members, one of the member shall be
a woman :
Provided further that, all the members to be nominated from amongst
the Scheduled Tribes.
(f) a Member-Secretary, to be deputed by the Government from
amongst the officer of the State Government not below the rank of Deputy
Secretary. He shall be the Chief Executive Officer of the Commission and
shall exercise the powers and discharge functions of the Commission.
4. (1) Every Member shall hold the office for a term of three years from Term of office
the date he assumes the office : and conditions
of service of
Provided that, the Chairpe rson or a Member shall not be appointed for Chairperson
and Members.
more than two terms.
(2) A Member may, by writing under his hand addressed to the State
Government, resign from the office at any time.
(3) The State Government shall remove a person from the office of the
Chairperson or Member, if that person,-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which
in the opinion of the State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by the competent
court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission remains
absent for three consecutive meetings of the Commission; or
(f) has, in the opinion of the State Government, so abused the position
of the Chairperson or Member as to render that person’s continuance in
office detrimental to the interest of the Scheduled Tribes or the public
interest or is otherwise unfit or unsuitable to continue as such Chairperson
or Member :
Provided that, no office-bearer shall be removed under this clause
unless he has been given a reasonable opportunity of being heard.
(4) A vacancy caused under sub-section (2) or (3) or otherwise, shall be
filled in, as soon as may be, by a fresh nomination by the State Government;
and the person so nominated shall hold office for the remainder of the term of
office of the person in whose vacancy such person has been nominated, would
have held the office, if the vacancy had not occurred :
Provided that, if the vacancy of a Member other than that of the
Chairperson, occurs within six months preceding the date on which the term
of office of the Member expires, the vacancy shall not be filled in.
(5) The honorarium, if any, and allowances payable to, and the terms and
conditions of holding the office of the Chairperson and Members shall be such,
as may be prescribed.
भाग पाच–अ-१८–१अ4 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७
Officers 5. (1) The State Government shall provide the Commission with such
and other number of officers and employees as may be necessary for the efficient
employees of
functioning of the Commission under the Act.
Commission.
(2) The salaries and allowances payable to and the other terms and
conditions of service of the officers and other employees appointed for the
purpose of the Commission shall be such as the State Government may prescribe.
Honorarium, 6. The honorarium and allowances payable to the Chairperson and
salaries and Members and the administrative expenses, including salaries and allowances
allowances to
and other terminal benefits payable to the officers and other employees referred
be paid out of
to in section 5, shall be paid out of the grants referred to in section 12.
grants.
Vacancies, 7. No act or proceedings of the Commission shall be invalid merely on the
etc., not to ground of existence of any vacancy or defect in the constitution of the Commission
invalidate or any defect in the nomination of a person acting as the Chairperson or as
proceedings of
a Member, or any irregularity in the procedure of the Commission, including
Commission.
issuing of notice for holding of a meeting, not affecting merits of the case.
Procedure 8. (1) The Commission shall meet as and when necessary, at such time
to be and place as the Chairperson decides:
regulated by
Commission. Provided that, the Commission shall meet at least once in three months.
(2) The Commission shall regulate its own procedure and may, for this
purpose, frame regulations consistent with the provisions of this Act and rules
made thereunder.
(3) All orders and decisions of the Commission shall be authenticated by
the Member-Secretary or any other officer of the Commission duly authorized
by the Member-Secretary in this behalf.
CHAPTER III
Powers and FunCtions oF Commission
9. (1) The Commission shall, while inquiring into complaints under this
Powers of
Commission. Act, have all the powers of a Civil Court under the Code of Civil Procedure, 5 of
1908, while trying a suit, in respect of the following matters, namely :— 1908.
(a) summoning and enforcing the attendance of any person from any
part of the State and examining him on oath ;
(b) requiring the discovery and production of any document ;
(c) receiving evidence on affidavits ;
(d) requisitioning any public record or copy thereof from any court
or office ;
(e) issuing commissions for the examination of witnesses and
documents ; and
(f) any other matter which may be prescribed.
(2) If required, the Commission shall send a copy of its inquiry report
alongwith its recommendations to the Government or concerned authority, as
the case may be and the Government or concerned authority shall, forward its
compliance on the report, including the action taken or proposed to be taken
thereon, within the time limit fixed by the Commission.महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७ 5
10. The functions of the Commission shall be as follows, namely:— Functions of
Commission.
(a) to investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribes under the Constitution of India or any
other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respects to the deprivation
of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic
development of the Scheduled Tribes and to evaluate the progress of their
development in the State;
(d) to present to the Government, annually and at such other time
as the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make recommendations as to the measures that shall be
taken by the State Government for the effective implementation of the
safeguards and other measures for the protection, welfare and socio-
economic development of the Scheduled Tribes;
(f) to discharge such other functions in relation to protection, welfare
and development and advancement of the Scheduled Tribes, as may be
prescribed;
(g) to conduct studies, research into the problems of Scheduled Tribes
and report the same to the Government for appropriate action;
(h) to review, from time to time, the existing provisions of the laws
affecting Scheduled Tribes, and recommend amendments thereto so as to
suggest remedial legislative measures to meet any lacunae, inadequacies
or shortcomings in such laws;
(i) to undertake review of the implementation of the policies pursued
by the Union and State Government with respect to Scheduled Tribes ;
(j) to suggest appropriate welfare measures in respect of Scheduled
Tribes to be undertaken by the State Government :
Provided that, if any matter specified in this section is undertaken by the
National Commission for Schedule Tribes established under article 338 A of
the Constitution of India, the Maharashtra State Commission for Scheduled
Tribes shall cease to have jurisdiction on such matter.
11. The Government shall consult the Commission on the major policy Government
matters affecting Scheduled Tribes. to consult
Commission.
CHAPTER IV
FinanCe, aCCounts and audit
12. (1) The State Government shall, after due appropriation made by the Grants by
State Legislature by law in this behalf, pay to the Commission by way of grants Government.
from the Consolidated Fund of the State, such sums of money as the State
Government may think fit for being utilized for the purposes of this Act.
(2) The Commission may spend such sums as deemed necessary for
performing the functions under this Act, and such sums shall be treated as
expenditure payable out of the grants referred to in sub-section (1).6 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७
Accounts and 13. (1) The Commission shall maintain proper accounts and other relevant
audit. records and prepare an annual statement of accounts, in such form, as may
be prescribed by the State Government in consultation with the Accountant
General.
(2) The accounts of the Commission shall be audited by the Accountant
General at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Commission to
the Accountant General.
(3) The Accountant General and any person appointed by him in connection
with the audit of the accounts of the Commission under this Act shall have
the same rights, privileges and authority in connection with such audit as
the Accountant General generally has in connection with the audit of the
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and to
inspect any of the offices of the Commission.
(4) The account of the Commission as certified by the Account General or
any other person duly appointed or authorized by him in this behalf alongwith
the audit report thereon shall be forwarded annually to the State Government
by the Commission.
Annual 14. The Commission shall prepare, in each financial year, its annual report
report. giving full account of its activities during the previous financial year, in such
form and at such time, as may be prescribed; and forward a copy thereof to the
State Government.
Annual 15. The State Government shall cause the annual report, alongwith a
report and memorandum of action taken on the advice or recommendations tendered by
audit report
the Commission under section 9 and the reasons for the non-acceptance, if any,
to be laid
of any such advice recommendations and the audit report to be laid, as soon as
before State
Legislature. may be, after it is received, before each House of the State Legislature.
CHAPTER V
misCellaneous
Chairperson, 16. The Chairperson, Members, officers and employees of the
Members, Commission shall be deemed to be public servants within the meaning of
officers and
sub-section (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023. 45 of
employees
2023.
to be public
servants.
Protection of 17. No suit, prosecution or other legal proceedings shall lie against any
action done in Member of the Commission or any officer or other employee of the Commission
good faith.
acting under the direction of the Commission, in respect of anything which is
done in good faith or purported to have been done in pursuance of this Act or
the rules made thereunder.
Power 18. The Commission may, with the previous approval of the State
to make Government, make regulations, by notification published in the Official Gazette,
regulations.
not inconsistent with the provisions of this Act and rules made thereunder, for
all or any of the matters provided under this Act.
Power to 19. (1) The State Government may, in consultation with Commission, by
make rules. notification published in the Official Gazette, make rules for carrying out the
purposes of this Act.महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७ 7
(2) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session for
a total period of thirty days, which may be comprised in one session or in two
or more successive sessions, and if before the expiry of the session in which it is
so laid or the session immediately following, both Houses agree in making any
modification in rule or both Houses agree that rule should not be made, and
notify their decision to that effect in the Official Gazette, the rule shall, from
the date of publication of such decision in the Official Gazette, have effect only
in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done or omitted to be done under that rule.
20. (1) If any difficulty arises in giving effect to the provisions of this Act, Power to
the Government may, as occasion arises by an order published in the Official remove
difficulties.
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 expiry of the period of
two years from the date of commencement of the Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.8 महाराष्टट्रõ शासन राजपत्र असाधारण भाग पाच–अ, जुलै १, २०२५/आर्षाढ १०, शके १९४७
STATEMENT OF OBJECTS AND REASONS
The Government of Maharashtra has vide Government Resolution, Social
Justice, Cultural Affairs and Special Assistance Department, No.RAMAAA-2003/
CR.No.175/Mavak-1, dated the 1st March 2005 constituted the Maharashtra
State Commission for Scheduled Castes and Scheduled Tribes with a view to
implement the Policies for Social Justice.
2. Now, the Government considers it necessary to constitute a separate
statutory Commission for the Scheduled Tribes with a view to protect and
safeguard the interests of the Scheduled Tribes in the State of Maharashtra
and to recommend remedial measures for their welfare and development by
enacting a law.
3. The Bill seeks to achieve the above objective.
Mumbai, DR. ASHOK WOOIKE,
Dated the 30th June, 2025. Minister of Tribal Development.
Vidhan Bhavan, JITENDRA BHOLE,
Mumbai, Secretary-I
Dated the 1st July, 2025.
Maharashtra Legislative Council.
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.