Part VIII, Ext No. 49, Dated 30th June 2025, L. A. BILL No. LIV OF 2025.

महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ 1 RNI No. MAHENG /2009/35528 महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ वषष्११,्अंक्२१(२)] ोमवार,् ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ ]रृषठे्5,््किंकमं त्:्रुरयेे्२७.०० अ ाधारण्क्रमांक्४९ प्रााकिंधकृत्प्राकारश महाराष््किंवधाशमंडळााचेे्अकिंधकिंशयेम्व्राज्येरालांांशी्प्राख्येाकिंरत्केलांेलांे्अध्येादेेर्व्केलांेलांे् किंवकिंशयेम्आकिंण्किंवकिंध्व्न्येाये्किंवभागाकडूश्आलांेलांी्किंवधेयेके्(इंंग्र ी्अशुवादे). In pursuance of clause )3( of article 348 of the Constitution of India, the following translation in English of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Bill 2025 )L. A. Bill No. LIV of 2025(, introduced in the Maharashtra Legislative Assembly on the 30th June 2025, is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, SATISH WAGHOLE, Secretary )Legislation( to Government, Law and Judiciary Department. L. A. BILL No. LIV OF 2025. A BILL to provide for extension of a period for submitting validity certificate by persons elected on reserved seats of member, Sarpanch, Councillor, President and member and Chairman in certain general or bye- elections to Village Panchayats, Zilla Parishads and Panchayat Samitis and for the matters connected therewith or incidental thereto. WHEREAS it was expedient to provide for extension of a period for submitting Validity Certificate by persons elected on reserved seats of member, Sarpanch, Councillor, President and member and Chairman in certain general or bye-elections to Village Panchayats, Zilla Parishads and Panchayat Samitis and for the matters connected therewith or incidental thereto; )१( भाग आठ-४९-१2 महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ AND WHEREAS both Houses of the State Legislature were not in session; AND WHEREAS the Governor of Maharashtra was satisfied that circumstances exist which render it necessary for him to take immediate action to make a law for the purposes hereinafter appearing ; and, therefore, Mah. Ord promulgated the Maharashtra Temporary Extention of Period for Submitting III of 2025. Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025 on the 30th April 2025 ; AND WHEREAS it is expendient to replace the said Ordinance by an Act of the State Legislature ; it is hereby enacted in the Seventy-sixth Year of the Republic of India as follows :— Short 1. )1( This Act may be called the Maharashtra Temporary Extension title and of Period for Submitting Validity Certificate )for certain elections to Village commence- Panchayats, Zilla Parishads and Panchayat Samitis( Act, 2025. ment. )2( It shall be deemed to have come into force on the 30th April 2025. Definition. 2. The words and expressions used in this Act shall have the same meanings as respectively assigned to them in the Maharashtra Village Panchayats Act III of 1959. and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Mah. V of 1962. Extension 3. )1( Notwithstanding anything contained in section 3 of the Maharashtra Mah. XXXV of period for Temporary Extension of Period for Submitting Validity Certificate )for certain of 2023. submitting elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Act, Validity 2023 and in sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act III of 1959. Certificate. and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and Panchayat Mah. V of 1962. Samitis Act, 1961, a person who has contested the general or bye-elections to the Village Panchayats, Zilla Parishads and Panchayat Samitis which were held on or after 1st August 2022 till the date of commencement of this Act and,— )a( who has applied to the Scrutiny Committee for verification of his Caste Certificate before the date of filing of the nomination papers and who is elected on the reserved seat of a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, but whose application is pending before the Scrutiny Committee on the date of commencement of this Act, shall submit his Validity Certificate within a period of twelve months from the date of commencement of this Act; and )b( whose election has been terminated or deemed to have been terminated or a person who is disqualified for being a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, for not submitting the Validity Certificate within the period specified in sections mentioned above, shall be deemed to be and shall continue to be a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, as the case may be, and shall not be disqualified till the period of twelve months from the date of commencement of this Act for not submitting the Validity Certificate : Provided that, if such person fails to produce the Validity Certificate within a period of twelve months from the date of commencement of this Act, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a member or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti.महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ 3 )2( The provisions of sub-section )1( shall not be applicable,— )a( where bye-elections have been held on the seats specified in sub- section )1( before the date of commencement of this Act; or )b( where a member whose application of Validity Certificate has been rejected by the Scrutiny Committee. 4. All legal proceedings pending immediately before the commencement of Abatement this Act, before any court or authority relating to disqualification of a member of legal proceedings. or Sarpanch of Village Panchayat, Councillor or President of Zilla Parishad or member or Chairman of Panchayat Samiti, for not submitting the Validity Certificate by them in cases where extension of period for submission of Validity Certificate is granted under this Act, shall abate. 5. )1( If any difficulty arises in giving effect to the provisions of this Act Power to the State Government may, as occasion arises, by an order published in the remove difficulty. 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 made after the expiry of a period of one year 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. Repeal of 6. )1( The Maharashtra Temporary Extention of Period for Submitting Mah. Ord Mah. Ord. Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads III of 2025. III of 2025 and Panchayat Samitis( Ordinance, 2025 is hereby repealed. and saving )2( Notwithstanding such repeal, anything done or any action taken )including any notification or order issued( under the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act. भाग आठ-४९-२4 महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ STATEMENT OF OBJECTS AND REASONS Sections 10-1A and 30-1A of the Maharashtra Village Panchayats Act )III of 1959( and sections 12A, 42 and 67 of the Maharashtra Zilla Parishads and Panchayats Samitis Act, 1961 )Mah. V of 1962( provides that, every person desirous of contesting elections to a seat of a member or Sarpanch of the Village Panchayat, Councillor or President of the Zilla Parishad or member or Chairman of Panchayat Samiti reserved for persons belonging to Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Classes of Citizens, shall submit alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee. 2. The abovementioned sections of the said Acts are amended with view to allow the persons, desirous of contesting for such reserved seats in certain general or bye-elections and have applied to the Scrutiny Committee for obtaining Validity Certificate, to submit the Validity Certificate within twelve months from the date on which they were declared elected. 3. As the Scrutiny Committees were overburdened with the work of verification of Caste Certificates, the elected members were facing difficulties in obtaining the Validity Certificates from the Scrutiny Committees within the period specified in the said Acts. Therefore, the said period to submit the Validity Certificate was extended for twelve months by the Maharashtra Temporary Extension of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Act, 2023 )Mah. XXXV of 2023(. However, some of the candidates who are elected on the reserved posts were not received the Validity Certificates during the extended period. The applications of such elected candidates are still pending before the Scrutiny Committees. Due to pending applications of such candidates before Scrutiny Committees more than eleven thousand duly elected candidates were disqualified or might be disqualified for not submitting Validity Certificates for no fault of their own. Also it had caused hindrance in the local self-governing process. It was, therefore, necessary to ensure that such elected candidates shall not be deprived to hold such offices merely because of non-issuance of validity certificates in time by the Scrutiny Committees when their applications are still pending with the Scrutiny Committees. 4. It was, therefore, considered expedient to make a law to provide for further extension of period of twelve months for submission of Validity Certificates by persons elected on reserved seats of member, Sarpanch, Councillor, President and member and Chairman in certain general or bye- elections to Village Panchayats, Zilla Pariashads and Panchayat Samitis and for the matters connected therewith or incidental thereto. 5. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law, for the purposes aforesaid, the Maharashtra Temporary Extention of Period for Submitting Validity Certificate )for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis( Ordinance, 2025 )Mah. Ord. III of 2025(, was promulgated by the Governor of Maharashtra on the 30th April 2025. 6. The Bill is intended to replace the said Ordinance by an Act of the State Legislature. Mumbai, JAYKUMAR GORE, Dated the 11th June 2025. Minister for Rural Development.महाराष्ट्रा श्रा रा अ ाधारण्भाग्आठ, ूश्३०,्२०२५/आषाढ्९,्रके्१९४७ 5 MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involves the following proposal for delegation of legislative powers, namely :— 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 the Act. 2. The above-mentioned proposal for delegation of legislative power is of a normal character. 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.