The Maharashtra Public Services (Subordinate) Selection Boards (Repeal) Act, 1983.

1983 : Mah. XXXIV]   1 
THE MAHARASHTRA PUBLIC SERVICE (SUBORDINATE) SELECTION 
BOARDS (REPEAL) ACT, 1983 
[Text as on 5th February 2025] 
_____________ 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1. Short title and commencement. 
 2. Repeal of Mah. XXI of 1973 and dissolution of Boards constituted thereunder. 
 3. Amendment of certain enactments. 
 4. Validation of certain appointments to Subordinate service. 
 5. Savings. 
 6. Repeal of Mah. Ord. XIV of 1983. 
  SCHEDULE
2  The Maharashtra Public Service (Subordinate) [1983 : Mah. XXXIV 
Selection Boards (Repeal) Act, 1983 
1983 : Mah. XXXIV]  The Maharashtra Public Service (Subordinate) 3 
Selection Boards (Repeal) Act, 1983 
MAHARASHTRA ACT NO. XXXIV OF 19831 
[THE MAHARASHTRA PUBLIC SERVICES (SUBORDINATE) SELECTION  
BOARDS (REPEAL) ACT, 1983.] 
[This Act received the assent of the Governor on the 6th August 1983; assent was first published in  
the Maharashtra Government Gazette, Extraordinary No. 52, Part IV, on the 8th August 1983.] 
An Act to repeal the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973, 
and to provide for certain matters incidental thereto. 
WHEREAS both Houses of the State Legislature were not in session ; 
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to repeal the Maharashtra Public Services 
(Subordinate) Selection Boards Act, 1973  (Mah. XXI of 1973) , and to prov ide for certain matters 
incidental thereto; and, therefore, promulgate the Maharashtra Public Services (Subordinate) Selection 
Boards (Repeal) Ordinance, 1983 (Mah. Ord. XIV of 1983), on the 18th June 1983 ; 
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ; 
It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows :— 
1.  Short title  and commencement.— (1) This Act may be called the Maharashtra Public 
Services (Subordinate) Selection Boards (Repeal) Act, 1983. 
(2) It shall be deemed to have come into force on the 18th June 1983. 
2.  Repeal of Mah. XXI of 1973 and dissolution of Boards constituted thereunder. — On and 
with effect from the date of commencement of this Act, the Maharashtra  Public Services (Subordinate) 
Selection Boards Act, 1973 (Mah. XXI of 1973), shall stand repealed, and all the Selection Boards and 
the Special Selection Board constituted thereunder shall stand dissolve, and the members thereof shall 
be deemed to have vacated their office. 
3.  Amendment of certain enactments.— The enactment specified in column 2 of the Schedule 
hereto are hereby amended in the manner, and to the extent, specified in column 3 thereof. 
4.  Validation of certain appointments to Subordinate service. — Notwithstanding anything 
contained in the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 
1973), every person who has appointed to any post in the Subordinate  service on or before the day 
immediately preceding the date of commencement of this act, and who is still in service  on the date of 
commencement of this Act, shall be deemed to have been validly appointed to that post, 
notwithstanding that such person was  not nominated or recommended by a Selection Board, or as the 
case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services 
(Subordinate) Selection Board Rules, 1976, or any other rules or orders for the time being in force or 
that no revised rules for selection of candidates by a Selection Board or a Special Selection Board were 
framed; and no such appointment shall be called in question in any Court or before any authority 
merely on the ground that he was not duly selected or appointed : 
Provided that,— 
(a) in the case of such appointment under the State Government, the initial appointment of 
the person is made— 
(i) in conformity with the age limit and minimum qualifications prescribed in the 
recruitment rules for the post in force at the time of such appointment ; 
                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. XXI X of 1983, see Maharashtra Government Gazette, 1983, 
Extraordinary No. 38, Part V, dated the 4th July 1983, page 290. 
4  The Maharashtra Public Service (Subordinate) [1983 : Mah. XXXIV 
Selection Boards (Repeal) Act, 1983 
(ii) from amongst candidates recommended by the Employment Exchange of Social 
Welfare Officer or Backward Class organisations authorised by Government to sponsor 
candidates for appointment to Government services or  the Collector from the list of 
candidates employed during the 1977-78 strike period ; 
(iii) in conformity with the orders issued by Government, from time to time, in respect 
of reservation of posts for persons belonging to backward classes, economically w eaker 
sections, ex-servicemen, physically handicapped persons, or any other category; 
(b) in the case of such appointment under the Zilla Parishads, the Municipal Councils, the 
Municipal School Boards constituted under the Bombay Primary Education Act, 1947 (Bom. LXI 
of 1947), the Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 
1948 (LIV of 1948), and the Maharashtra State Road Transport Corporation constituted under the 
Road Transport Corporation Act, 1950 (LXIV of 19 50), the initial appointment of the person is 
made in conformity with the relevant rules or regulation or orders made by the authority 
concerned for the post, or any orders issued in that behalf by Government, and in force at the time 
of such appointment. 
Explanation.— For the purpose of determining the initial appointment referred to in the 
proviso to this section, any technical break in service effected, and any subsequent formal order 
of appointment made, in respect of any person continued in any post in  the Subordinate service, 
in order to co mply with the requirements of an y rules or orders made or issued in respect of 
recruitment to the Subordinate service, shall be ignored. 
5.  Savings.— Save as otherwise provided in this Act, the provisions of section  7 of the Bombay 
General Clauses Act, 1904 (Bom. I of 1904), with regard to effect of repeal, shall apply. 
6.  Repeal of Mah. Ord. X IV of 1983. — (1) The Maharashtra Public Services (Subordinate) 
Selection Boards (Repeal) Ordinance, 1983 (Mah. Ord. XV of 1983), is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance 
shall be deemed to have been done or taken, as the case may be, under the corresponding provisions of 
this Act. 
SCHEDULE 
(See section 3) 
Enactments Amended 
Number 
and year 
Short title  Amendments 
1 2  3 
Mah. V of 
1962. 
The Maharashtra Zilla 
Parishads and Panchayat 
Samitis Act, 1961. 
1. In section 2, after clause (12), the following 
clauses shall be inserted, namely:— 
“(13) “District Selection Board”  means a 
   Board constituted under section 250 ; 
 (14) “Divisional Selection Board”  means a  
    Board constituted under section 250 ;”. 
  2. In section 95, in sub -section (2), for clause 
(b), the following clause shall be substituted 
namely :— 
“(b) shall appoint officers and servants of 
Class III service from the lists of candidates 
selected by the District Selection Board, or 
as the case may be, the Divisional Selection 
Board and also under the proviso to section 
251;”. 
1983 : Mah. XXXIV]   5 
SCHEDULE—contd. 
Number 
and year 
Short title  Amendments 
1 2  3 
  
Established of Divisional 
Selection Boards and 
District Selection Boards. 
Constitution of Divisional 
and District Selection 
Boards. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Function of Selection Boards. 
3.  After section 248, the following sections 
shall be inserted, namely :—  
“249. There shall be a Divisional Selection 
Board for each Division and a District 
Selection Board for each District. 
250. (1) For the purpose of securing impartial 
selection of personnel in the District 
Technical Service (Class III) and District 
Service (Class III), the State Government 
shall constitute the Divisional Selection 
Boards and the District Selection Boards. 
(2) The members of the Boards constitu ted as 
aforesaid shall be appointed by the State 
Government and each Board shall consist of 
such number of members not exceeding six 
as that Government may determine. 
(3) The State Government shall appoint a 
Chairman for each of the aforesaid  Boards 
from among its members. 
(4) The members who are not officers of the 
State Government shall be paid such 
honoraria, travelling and other allowances as 
may be determined by the State 
Government. The State Government may by 
rules determine other terms of their 
appointment and the terms so determined 
shall not be varied to their disadvantage after 
their appointment. 
(5) The State Government shall appoint any 
officer or person to be the Secretary of each 
of the Boards constituted by the State 
Government. 
251. Subject to the rules made by the State 
Government in that behalf, it shall be the 
duty of the Divisional Selection Board to 
select candidates for appointment to posts in 
each grade and each category of the District 
Technical Service (Class III), and it shall be 
the duty of the District Selection Board to 
select candidates for appointment to posts in 
each grade and each category of officers and 
servants in the District Service (Class III) : 
Provided that, nothing in this section shall 
prevent the State Government fr om making 
any rules, in consultation with a Divisional 
Selection Board or a District Selection 
Board, specifying the circumstances in 
which, it shall not be necessary for the 
Divisional Selection Board or the District  
6  The Maharashtra Public Service (Subordinate) [1983 : Mah. XXXIV 
Selection Boards (Repeal) Act, 1983 
SCHEDULE—contd. 
Number 
and year 
Short title  Amendments 
1 2  3 
   Selection Board to select candidates for 
appointment to a post or posts specified in 
such rules, and providing for the manner in 
which such appointment shall be made by 
the Chief Executive Officer.”. 
  4. In section 274, in sub -section (2), after clause 
(xxxix), the following clauses shall be 
inserted, namely :— 
“(xl) under sub -section ( 4) of section 250 
determining other terms of appointment of 
members referred to in that section ; 
(xli) under section 251, prescribing the rules 
subject to which the Divisional Selection 
Board shall select candidates for 
appointments to posts in each grade and 
each category of the District Technical 
Service (Class III), and the District Selection 
Board shall select candidates for 
appointments to posts of each grade and 
each category of officers and servants in the 
District Service (Class III) ;”. 
Mah. XL of 
1965. 
The Maharashtra Municipal- 
ties Act, 1965. 
1. In section 76,— 
(a) in sub -section (2), for the words, brackets 
and figures “Subject to the provisions of the 
Maharashtra Public Services (Subordinate) 
Selection Board Act, 1973 (Mah. XXI of 
1973), and the rules made thereunder, the 
qualifications” the words “The 
qualifications” shall be substituted ; 
(b) for sub -section ( 3), the following sub -
section shall be substituted, namely :— 
   “(3) (a) The power of making appointment 
to any post referred to in clause ( a) of sub-
section ( 2) shall vest in the Standing 
Committee, and if the Council so decides, 
in the President. 
    (b) The power of making appointment to 
any post referred to in clause ( b) of sub -
section (2) shall vest in the Council, or in 
the Standing Committee, if the Council so 
decides.”. 
  2. In section 79, in sub-section (2),— 
(a) the first proviso shall be deleted ; 
1983 : Mah. XXXIV]  The Maharashtra Public Service (Subordinate) 7 
Selection Boards (Repeal) Act, 1983 
SCHEDULE—contd. 
Number 
and year 
Short title  Amendments 
1 2  3 
   (b) in the second proviso, for the words  
“Provided further that” the words “Provided 
that” shall be substituted. 
Bom. LXI of 
1947. 
The Bombay Primary Educa-
tion Act, 1947. 
 In section 23,— 
(1) in sub-section (4),— 
(a) for the words “and Attendance 
Officers” the words “, Attendance 
Officers and teachers” shall be 
substituted ; 
(b) after the words “selection of 
candidates” the words “and teachers” 
shall be inserted ; 
(2) in sub -section ( 5), for  the words, 
brackets and figure “Subject to the provisions 
of sub -section ( 6), the school board” the 
words “The sch ool board ” shall be 
substituted; 
(3) sub-section (6) shall be deleted ; 
(4) for the marginal note, the followi ng 
shall be substituted, namely :— 
    “Staff Selection Committee.”. 
 
 
 
 
 
 
 
 
 
 

‹ Prev All Maharashtra acts Next ›