GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XI OF 2001

THE  MAHARASHTRA  PROJECT
AFFECTED  PERSONS  REHABILITATION
ACT,  1999

  (As  modified  upto  the  12th  February,  2016  )

*

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STORES,  KOLHAPUR  AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT
PRINTING,  STATIONERY  AND  PUBLICATIONS,  MAHARASHTRA  STATE,
MUMBAI–400  004.

2016

[Price  :  Rs.  11.00]

2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

(i)

MAHARASHTRA  PROJECT  AFFECTED  PERSONS
REHABILITATION  ACT,  1999.
-------------

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER    I

PRELIMINARY

1.

Short  title,  extent,  commencement  and  application.

2. Definitions.

CHIEF  CONTROLLING  AUTHORITY,  PROJECT  AUTHORITY,  THIER  POWERS  AND  DUTIES

CHAPTER    II

3. Chief  controlling  authority  in  rehabilitation  matters.

4. Duties  and  functions  of  chief  controlling  authority.

5. Duties  and  functions  of  Collector.

6. Duties  and  functions  of  project  authority.

7. Delegation  of  powers  to  subordinate  officers.

8.

Subordination  of  officers  and  servants.

9. Constitution  of  Advisory  Committee.

CHAPTER    III

REHABILITATION OF AFFECTED PERSONS

10. Rehabilitation  of  affected  persons.
11. Areas  of  affected  and  benefited  zone  to  be  notifed.
12. Restrictions  on  transfer,  sub-division,  partition,  conversion  or  improvement

of  land.

Power  to  purchase  or  acquire  land  for  purposes  of  this  Act.
Preparation  of  proposals  of  rehabilitation  and  publication,  thereof.

13. Declaration  of  areas  in  affected  or  benefited  zones.
14.
15.
16. Grant  and  assignment  of  land  and  payment  of  special  grant.
17.

Power  to  grant  developed  land  to  the  project  affected  person.

18. Execution  of  layout  by  project  authority  or  any  other  agency  and  after

completion,  vesting  thereof  in Zilla  Parishad.

19. Transfer  of  encumbrances.
20. Disposal  of  acquired  lands  with  structures,  thereon  completion  of  project.

H 507-1

(ii)

21.

Penalty.

CHAPTER    IV

MESCELLANEOUS

22. Officers  of  Government  and  local  authorities  to  assist  Commissioner,  etc.

23. Officers  and  servants  appointed  under  this  Act  to  be  Public  servants.

24. Bar  of  jurisdiciton.

25.

26.

Protection  of  action  taken  under  this  Act.

Power  to  make  Rules.

27. Declarations  as  to  policy  of  State.

CHAPTER    V
REPEAL AND  SAVING

28. Repeal  and  saving.

29. Removal  of  difficulty.

SCHEDULE.

MAHARASHTRA ACT    No.    XI    OF    2001 1

[THE    MAHARASHTRA  PROJECT  AFFECTED  PERSONS  REHABILITATION  ACT,  1999.]

(This  Act  received  the  assent  of  the  President  on  the  7th  March,  2001;
assent  was  first  published  in  the Maharashtra  Government  Gazette,
Extraordinary,  Part  VIII,  on  the  14th  March,  2001)

Amended  by  Mah.  28  of  2009#  (28-10-2009)†
Amended  by  Mah.  10  of  2013  (6-5-2013)†

An  Act  to  consolidate  and  amend  the  law  relating  to  the  rehabilitation  of  persons
affected  by  certain  projects  in  the  State  of  Maharashtra  and  for  matters  connected
therewith  or  incidental  thereto.

WHEREAS it  is  expendient  to  consolidate  and  amend  the  law  relating  to  the
rehabilitation  of  persons  affected  by  certain  projects  in  the  State  of  Maharashtra
and  for  matters  connected  therewith  or  incidental  thereto ;  It  is  hereby  enacted
in  the  Fiftieth  Year  of  the  Republic  of  India  as  follows  :—

CHAPTER  I

PRELIMINARY

1.

(1)  This  Act  may  be  called the  Maharashtra  Project  Affected  Persons

Rehabilitation  Act,  1999.

(2) It  extends    to  the  whole  of  the  State  of  Maharashtra.

(3)  It  shall  come  into  force  on  such  date  as  the  State  Government  may,  by

*notification  in  the Official  Gazette, appoint.

(4)  (a)  It  shall  apply  to  all  irrigation  projects  of  which  the  area  of  the  affected
zone  exceeds  50  hectares,  or  the  area  of  the  benefited  zone  exceeds  200  hectares
or  a gaothan is  affected.

Short  title,
extent,
commence-
ment  and
application.

(b) It  shall  also  apply  to  all  projects,  other  than  irrigation  projects  specified
in  clause  (a),  such  as  industry  including  industrial  estate,  atomic  energy,
university,  oil  and  natural  gas,  energy,  chemical,  roads,  national  partk,  sanctuary,
mines,  etc.  However,  the  entire  responsibility  to  execute  them  and  to  rehabilitate
the  project  affected  persons  shall  rest  with  the  concerned  department  of  the
Government  of  Maharashtra  by  entering  into  an  agreement  with  the  concerned
project  authority  or  body.

(c) Where,  in  the  opinion  of  the  State  Government,  it  is  necessary  and
expedient  in  the  public  interest  to  apply  it  to  any  other  project,  the  State
Government  may  by  notification  in  the Official  Gazette, declare  that  it  shall
apply  in  relation  to  such  project  as  specified  in  the  notification ;  and  thereupon
the  provisions  of  this  Act  shall  apply  to  such  project.

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,

  Part V-A,

Extraordinary,  dated  the  19th  April  1999,  P.  307-308.

# Mah.  Ord.  XIX  of  2009  was  repealed  by  Mah.  XXVIII  of  2009.
† This  indicates  the  date  of  commencement  of  the  Act.
* This  Act  came  into  force  by  Government  Notification,  Revenue  and  Forests  Department,

No. LAA.  599/CR-148/Part-II/R-1,  dated  the  14th  March  2002,  w.  e  .f.  1st  April  2002.

2
2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

(d) Notwithstanding  anything  contained  in  clauses  (a) and  (b),  it  shall  not
apply  to  projects  falling  under  the  jurisdiction  of  inter-State  projects;  and  the
rehabilitation  work,  financed  by  the  external  agencies  and  countries.

Definitions.

2.

In  this  Act,  unless  the  context  requires  otherwise,—

(1)  "affected  zone",  in  relation  to  a  project,  means  the  area  declared  under

section  13  to  constitute  the  area  of  the  affected  zone  under  that  project  ;

(2)  ‘‘affected  persons"  means—

(a) an  occupant  whose  land  in  the  affected  zone  (including  land  in  the

gaothan) is  acquired  under  section  14  for  the  purposes  of  a  project ;

Explanation.—For  the  purpose  of  this  sub-clause,  where  any  agricultural  land
is  recorded  in  the  relevant  village  records  in  the  name  of  one  of  the  brothers
as  a Karta or  Manager  of  a  Hindu  Joint  Family,  then  every  brother 1[or  sister]
(or 2[son  or  sons  or  daughter  or  daughters  of  each  deceased  brother  or  deceased
sister  as  one  separate  unit  of  such  brother  or  sister]  deceased  brother  all  together
as  one  unit)  who  has  a  share  in  the  lands,  whether  his  name  is  recorded  in
such  village  record  or  not,  shall  be  treated  as  affected  person ;

(b) a  person  who  is  a  tenant  in  actual  possession  of  land  under  the  relevant

tenancy  law  in  the  affected  zone  at  the  time  of  acquisition  of  land ;

(c) an  occupant  whose  land  in  the  benefited  zone  is  acquired  for
construction,  extension,  improvement  or  development  of  canals  and  their  banks
under  irrigation  project  or  for  establishment  of  a  new gaothan  within  or
outside  the  benefited  zone  for  rehabilitation  of  persons  from  affected  zone,
and  whose—

(i) residual  cultivable  holding  is  reduced  to  less  than  one  hectare  after

acquisition ;  or

(ii) residual  holding  stands  divided  into  fragments  which  are  rendered

unprofitable  for  cultivation ;  or

(iii)  residual  holding  is  rendered  uncultivable.

Explanation.—For  the  purposes  of  this  sub-clause,  the  expression  "occupant"
includes  a  tenant  in  actual  possession  of  land  under  the  relevant  tenancy  law
in  the  benefited  zone  at  the  time  of  acquisition  of  land ;

(d) a  person  who  is  an  agricultural  labourer ;

(e) a  person,  not  being  an  occupant  or  a  person  referred  to  in  sub-clauses
(a),  (b),  (c)  and  (d),  who  for  a  continuous  period  of  not  less  than  five  years
immediately  before  the  date  of  publication  of  the  notification  under  section  4
of  the  * Land  Acquisition  Act,  1894,  has  been  ordinarily  residing  or  carrying
on  any  trade,  occupation  or  calling  or  working  for  gain  in  a gaothan in  the
affected zone ;
1 These  words  were  inserted  by  Mah.  10  of  2013, s.  2(i).
2 These  words  were  substituted  for  the  words  “son  or  sons  of  any  deceased  brother  all  together  as  one

unit”  by  Mah.  10  of  2013,  &  2(ii).

* Now  see  the  Right  to  for  Compensation  and  Transparency  in  Land Acquisition,  Rehabilitation  and

Resettlement  Act,  2013  (30  of  2013).

I  of
1894.

Mah
XLI
o f
1966.

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Maharashtra  Project  Affected  Persons  Rehabilitation
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3

(3) "agricultural  labourer"  means  a  peson  who  does  not  hold  any  land  in  the
affected  zone  but  who  earns  his  livelihood  principally  by  manual  labour  on
agricultural  land    for  not  less  than  five  years  immediately  before  the  area  comprising
that  land  is  declared  to  constitute  an  affected  zone  under  section  13,  and  who
has  been  deprived  of  earning  his  livelihood  principally  by  manual  labour  on
that land ;

Explanation.—For  the  purpose  of  determining  the  five  years  residence  in  the

affected  zone,  the  norms  shall  be  as  prescribed.

(4)"agricultural  land"  includes  land  used  or  usable  for  horticulture,  the  raising
of  crops,  grass  or  garden  produce,  dairy  farming,  breeding  of  livestock,  poultry
farming,  fish  farming,  fish  seed  production  centre,  nursery,  growing  medicinal  herbs
or  the  grazing  cattle ;  but  does  not  include  land  used  for  cutting  of  wood  only ;

(5)  "beneficiary"  in  relation  to  a  project  means  whosoever,  either  individually
or  as  an  institution,  company,  factory  gets  benefits  directly  or  indirectly  from  the
project ;

(6)  "benefited  zone",  in  relation  to  a  project,  means  the  area  decalred  under

section  13  to  constitute  the  area  of  the  benefited  zone  under  that  project ;

(7)  “Code”  means  the  Maharashtra  Land  Revenue  Code,  1966 ;

(8)  “holding”  means  the  total  land  held  by  a  person  as  an  occupant  or  tenant,

or  as  both ;

Explanation.—For  the  purposes  of  this  clause,  while  calculating  the  total  land
held  by  a  person,  the  following  lands  in  the  benefited  zone  shall  not  be  taken
into  consideration,  namely  :—

(a) the  land  on  which  the  dwelling  house  or  cattle  shed  (gotha)  is  erected
and  such  land  shall  include  also  the  area  adjacent  thereto  comprising  land  of
three  meters  surrounding  such  dwelling  house  or  cattle  shed  (gotha) ;

(b) the  land  on  which  a  well  has  been  dug  and  is  shown  as  such  in  the

village  register  of  land  records  (Village  Forms  VII  and  XII) ;

(c) the  land  which  is  shown  as  unarable  or  un-cultivable  (potkharab)  land
in  the  village  register  of  land  records  (Village  Forms  VII  and  XII)  for  a
continuous  period  of  not  less  than  five  years  immediately  before  the  year  of
issue  of  the  notification  under  section  11 ;

(d) fifty  per  cent.  of  the  land  which  is  shown  as  saline  (Khar)  land  in  the
village  register  of  land  records  (Village  Forms  VII  and  XII)  for  a  continuous
period  of  not  less  than  five  years  immediately  before  the  year  of  issue  of  the
notification  under  section  11 ;

(9)  “land  pool”  means  the  lands  referred  to  in  sub-section  (1)  and  (4)  of

section 14  which  may  be  available  for  rehabilitation  of  affected  person  ;

53  of
1972.

4
2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

(10)  “project”  means,—

(a) an  irrigation  project,  that  is  to  say,  the  construction,  extension,
improvement  or  development  or  any  work  for  the  supply  of  water  for  the  purpose
of  irrigation ;

(b) atomic  energy  and  power  project,  that  is  to  say,  construction,  extension,
improvement  or  development  of  any  work  for  the  production  or  supply  of
electricity  or  any  work  conducive  to  electrical  development ;

(c) a  public  utility  project,  that  is  to  say,  any  work  of  construction,  extension,
improvement  or  development  of  public  utility  including  roads,  other  than
irrigation  project  and  power  project ;

(d) National  Park  and  Sanctuary  declared  under  the  provisions  of  the  Wild

Life  Protection  Act,  1972 ;

(e) an  industrial  project,  that  is  to  say,  setting  up  of  production,  distribution
or  service  industry  of  providing  any  service,  in  relation  to  them  and  includes
an  Industrial  Estate ;

(f) an  university  project,  that  is  to  say,  setting  up  of  any  university  or  any

teaching,  training  institution ;

(g) a  chemical  project,  that  is  to  say,  extraction,  production  and  processing

of  chemicals ;

(h) a  mine  project,  that  is  to  say,  extraction  of  any  mineral  from  the  bed

of  the  earth  or  river  bed ;

(i) any  composite  project  of  any  of  the  two  or  more  such  projects ;

and  includes  any  work  of  construction,  extension,  improvement  or  development
which  is  incidental  or  supplemental  to  the  execution  of  a  project,  such  as
construction  of  pump  house,  lift  irrigation  scheme,  colony,  etc.,  and  which  results
in  rendering  the  holders  or  occupants  of  land,  which  may  be  used  for  such  project,
as  affected  persons  and  in  respect  of  which  a  notification  is  issued  under
section 11 ;

(11)  “project  authority”  means  an  officer  in  whom  the  overall  control  and
superintendence  of  the  execution  of  the  project  vests  and  includes  an  officer  whom
the  State  Government  may,  by  general  or  special  order,  designate  to  be  a  project
authority ;

(12)  “prescribed”  means  prescribed  by  rules  made  under  this  Act ;

(13)  “revenue  division”  means  a  revenue  area  which  forms  a  division  under

section  3  of  the  Code ;

(14)  "rules"  means  rules  made  under  this  Act ;

(15)  "Schedule"  means  the  Schedule  appended  to  this  Act ;

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Maharashtra  Project  Affected  Persons  Rehabilitation
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(16) "to  cultivate"  means  to  carry  on  any  agricultural  operation,  and  the

expression  "cultivation"  shall  be  construed  accordingly ;

(17)  "Village  Panchayat"  means  a Village  Panchayat established  or  deemed  to

have  been  established  under  the * Bombay  Village  Panchayats  Act,  1958 ;

(18) words  and  expressions  used  in  this  Act  but  not  defined,  shall  have  the

meanings  respectively  assigned  to  them  in  the  Code.

Bom.  III
of  1959.

CHAPTER    II

CHIEF  CONTROLLING  AUTHORITY,  PROJECT  AUTHORITY,  THEIR  POWERS AND
DUTIES.

3. The  Chief  controlling  authority,  in  all  matters  connected  with  the
rehabilitation  of  affected  persons  in  a  revenue  division,  shall,  subject  to  the
superintendence,  direction  and  control  of  the  State  Government,  vest  in  the
Commissioner  appointed  under  section  6  of  the  Code.

Chief
controlling
authority  in
rehabilition
matters.

4. Subject  to  any  general  or  special  order  of  the  State  Government,  it  shall  be

the  duty  of  the  Commissioner,—

(a) to  implement  the  rehabilitation  programme  within  the  framework  or  the
policy  of  the  State  Government  relating  to  the  rehabilitation  of  affected  persons
in  his  division ;

(b) to  co-ordinate  and  supervise  the  work  of  rehabilitation  of  affected  persons

Duties  and
functions  of
chief
controlling
authority.

in  his  division ;

(c) to  ensure  speedy  rehabilitation  of  affected  persons  by  requiring  the
Collector  or  the  project  authority  concerned  to  undertake  the  work  of
rehabilitation  simultaneously  with  the  work  of  the  project ;  and  to  report  to  him
periodically  the  progress  made  in  the  matter  of  rehabilitation  of  affected  persons
and  by  rendering  to  them  such  guidance  and  assistance  as  the  circumstances
of  the  case  may  require ;

(d) to  submit  perodical  reports  to  the  State  Government  regarding  the

rehabilitation  of  affected  persons  in  his  division ;

(e) to  prepare  or  cause  to  be  prepared  annual  budget  for  providing  funds  for

carrying  out  the  rehabilitation  of  affected  persons  in  his  division ;

(f) to  disburse  the  grants  duly  placed  at  his  disposal  for  rehabilitation  of
affected    persons,  to  such  officers  and  authorities  at  such  intervals  according
to  their  requirements  as  he  may  think  fit,  for  carrying  out  the  rehabilitation  of
affected  persons ;

(g) to  ensure  the  proper  utilization  of  grants  placed  at  his  disposal  and  carry

out  test  audit ;

(h) to  perform  such  other  functions  as  the  State  Gvoernment  may,  from  time

to  time,  by  an  order  in  writing,  entrust  to  him.

  *  The  short  title  of  this  Act  was  amended  as  "the  Maharashtra  Village  Panchayats  Act"

by  Mah.  24  of  2012.

Duties and
functions
o f
Collector.

Duties and
functions
of  project
authority.

6
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Maharashtra  Project  Affected  Persons  Rehabilitation
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5. It  shall  be  the  duty  of  the  Collector,—

(a) to  co-ordinate  and  supervise  the  work  of  rehabilitation  of  affected  persons

in  his  district ;

(b) to  ensure  speedy  rehabilitation  of  affected  persons,  within  the  framework
of  the  policy  of  the  State  Government  relating  to  the  rehabilitation  of  affected
persons  by  requiring  the  project  authorities  and  subordinate  officers  posted  to
work  on  the  project  to  attend  to  the  work  of  rehabilitation  as  may  be  assigned
to  them,  from  time  time ;

(c) to  issue  a  certificate  to  a  person  who  is  nominated  by  the  project  affected
person  for  being  employed  against  the  quota  reserved  for  the  nominees  of  the
affected  persons ;

(d) to  perform  such  other  functions  as  the  State  Government  or  the

Commissioner  may,  from  time  time,  by  an  order  in  writing,  entrust  to  him.

6. It  shall  be  the  duty  of  the  project  authority,—

(a) to  carry  out  such  work  for  providing  the  necessary  civic  amenities  in  a
new gaothan or  extension  of  an  existing gaothan as  the  case  may  be,  established
for  rehabilitation  of  affected  persons,  as  may  be  entrusted  to  it  by  the  State
Government  or  the  Commissioner  or  the  Collector ;

(b) to  take  measures  for  the  speedy  rehabilitation  of  the  affected  persons  under

the  overall  supervision  and  guidance  of  the  Collector ;

(c) subject  to  any  reservations  validly  made  and  subject  to  availability  of
posts,  to  give  highest  priority  in  Class  III  and  Class  IV  category  of  service  on
the  project  establishment,  to  one  member  of  the  affected  family  nominated  by
the  affected  person,  if  such  member  is  eligible  for  such  employment  according
to  the  recruitment  rules  for  such  posts :

Provided  that,  while  recruiting  a  member  of  the  affected  family,  against  such
quota,  the  projech  authority  shall,  as  far  as  possible,  employ  not  less  than  fifty
per  cent.  of  such  nominees  who  are  affected  by  the  project  under  execution,
as  may  be  prescribed ;

Explanation.—For  the  purpose,  of  this  clause  the  expression  "family"  means
the  spouse,  son,  married  or  unmarried  daughter  or  brother  or  sister  or  daughter-
in-law  or  grandson,  or  grand-daughter  (which  includes  son  or  daughter  of  the
daughter  also)  of  the  affected  persons,  or  adopted  son  or  daughter  who  is  residing
with  and  is  dependent  on  such  affected  person.

(d) to  prepare  or  cause  to  be  prepared  annual  budget  for  providing  funds  for
the  civic  amenity  works  to  be  provided  in  a  new gaothan or  extension  of  an
existing gaothan  established  for  the  rehabilitation  of  affected  persons ;

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Maharashtra  Project  Affected  Persons  Rehabilitation
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7

(e) to  furnish  to  the  Commissoner  and  to  the  Collector,  during  the  various
stages  of  planning  and  execution  of  the  project,  information  and  plans  in  regard
to  the  affected  and  benefited  zone  of  the  project,  as  may  be  required  for
assessing  the  extent  of  the  land  and  other  facilites  required  to  be  provided  to
the  affected  persons  for  their  rehabilitation ;

(f) to  execute  an  agreement  with  the  beneficiary  to  abide  by  the  provisions

of  section  10  as  may  be  prescribed.

7.

(1)  The  State  Government  may,  by  notification  in  the Official  Gazette and
subject  to  such  restrictions  and  conditions,  delegate  such  of  the  powers  conferred
and  duties  imposed  on  the  Commissioner  or  the  Collector  or  the  project  authority
by  or  under  this  Act  to  such  officers  of  the  State  Government  or  local  authority
as  it  may  deem  proper  and  expedient.

Delegation
of  powers  to
subordinate
officers.

(2) The  Commissioner  or  the  Collector  may,  by  order  in  writing,  delegate  such

of  the  powers  conferred  and  imposed  on  him  by  or  under  this  Act,—

(a) to  such  officers  not  below  the  rank  of  Tahsildar ;  or

(b) to  such  officers  of  the  State  Government  or  local  authority  as,  with  the

approval  of  the  Commissioner,  may  be  specified  in  the  order.

(3) The  project  authority  may,  by  order  in  writing,  delegate  such  of  the  powers
conferred  and  duties  imposed  on  it  by  or  under  this  Act  to  such  officers  not  below
the  rank  of  Sub-Divisional  Officer,  Deputy  Engineer,  Assistant  Engineer,  Assistant
Conservator  of  Forests.

8. For  the  purposes  of  this  Act,  the  Collector,  the  project  authority  and  all
other  officers  and  servants  appointed  under  this  Act  shall  be  subordinate  to  the
Commissioner.

Subordination
of  officers
and  servants.

9. For  the  purposes  of  assisting  it  in  speedy  rehabilitation  of  affected  persons,
the  State  Government  may,  from  time  to  time,  constitute  one  or  more  committees
for  advising  the  State  Government  or  any  officer  connected  with  the  scheme  of
rehabilitation  of  the  affected  persons  on  such  matters  as  may  be  referred  to  it  by
them.  The  composition  of  such  committee,  the  regulation  of  its  business,  the
allowances  or  fees,  if  any,  to  be  paid  to  its  members  and  all  matters  incidental
thereto  shall  be  such  as  the  State  Government  may,  from  time  time,  by  general
or  special  order,  determine.

Constitution
of  Advisory
Committee.

CHAPTER    III

REHABILITATION OF  AFFECTED  PERSONS

10. (1) The  State  Government  shall  in  accordance  with  the  provisions  made  by
or  under  this  Act  and  subject  to  the  availability  of  sufficient  land  for  the  purpose,
rehabilitate  affected  persons  from  the  affected  zone  under  an  irrigation  project,  on
land  in  the  villages  or  areas  receiving  benefit  of  irrigation  from  such  project.

Rehabilitation
of  affected
persons.

H 507-2

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Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

(2) Nothing  in  section  14  or  any  other  provisions  of  this  Act  or  any  other  law
for  the  time  being  in  force  shall  prevent  the  State  Government  from  rehabilitating,
in  accordance  with  the  other  provisions  made  by  or  under  this  Act,  as  many  persons
as  possible  from  the  affected  zone  under  any  other  project  to  which  the  provisions
of  this  Act  apply  or  not,  including  those  under  any  irrigation  project  who  have
remained  to  be  rehabilitated,—

(a) on  land  in  benefited  zone  of  any  irrigation  project  or,  as  the  case  may
be,  in  other  villages  or  areas,  acquired  for  the  purpose  under  the  provisions  of
section  14 ;  or

(b) on  any  land  from  the  land  pool.

(3) The  State  Government  shall  provide  civic  amenities  in  the  prescribed  scale
and  manner  in  the  new gaothan or  in  the  extended  part  of  any  existing gaothan
established  for  the  purpose  of  rehabilitation  of  affected  persons  and  such  amenities
shall  include  the  following,  namely  :—

(a) permanent  provision  for  dirinking  water,  in  proportion  to  the  population,
by  open  well,  bore  well,  tube  well,  piped  water  supply  scheme  or  by  any  other
mode ;

(b) school  with  playground  of  appropriate  level  as  prescribed  by  the  Education

Department  of  the  State  Government  with  toilet  facilites ;

(c) construction  of Village  Panchayat Office  and Chavdi or Samaj  Mandir ;

(d) internal  metal  roads  and  asphalted  approach  road  of  appropriate  standard ;

(e) an  access  to  the  farm  lands  of  the  affected  persons,  if  required ;

(f) electric  supply  along  with  street  lights,  and  three  phase  connections,

wherever  required ;

(g) cremation  ground  with  a  shed,  platform,  electric  supply,  water  supply  and

burial  ground,  as  may  be  required  with  an  approach  road ;

(h) open  built-up  gutters ;

(i) financial  assistance  for  individual  latrines  and  public  latrines,  whenever

necessary ;

(j) land  for  cattle  stand  with  a  water  cistern ;

(k) land  with  pick  up  shed  for  Maharashtra  State  Road  Transport  Corporation

bus  services ;

(l) land  for  threshing  floor,  that  is  to  say, khalwadi ;

(m) pasture  land  (if  Government  land  is  available)  ;

(n) developed  land  for  market ;

(o) land  for  future  expansion  of gaothan ;

(p) land  for  a  secondary  school  and  a  dispensary  or  primary  health  centre,
bank,  post-office,  garden  for  children,  etc.,  depending  on  the  polpulation  of  the
new gaothan ;

(q) land  for  registered  bodies  for  public  purposes  in  the  old gaothan ;

(r) land  for  play  ground.

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9

(4) In  addition  to  the  amenities  listed  above,  the  State  Government  shall  also
provide,  to  an  appropriate  standard,  in  the  new gaothan having  majority  of  the
affected  persons,  all  such  other  amenities  which  existed  in  the  old gaothan :

Provided  that,  the  places  of  public  worship  shall  not  be  constructed  by  the
Government,  however,  the  compensation  for  the  places  of  public  worship  in  the
old gaothan shall  be  awarded  to  the  concerned  Public  Trust  and  if  the  places  of
public  worship  do  not  belong  to  any  public  trust,  such  places  of  public  worship
shall  be  constructed  as  provided  in  the  Maharashtra  Religious  Endowments
(Reconstruction  on  Resettlement  Sites)  Act,  1970.

(5) The  expenditure  on  all  such  amenities  in  sub-sections  (3)  and  (4)  above  shall

be  part  of  the  cost  of  the  project.

Mah.
XXX
o f
1970.

(6) (a) In  all  Class  III  and  Class  IV  category  of  services  under  the  establishment
of  the  State  Government  Departments,  public  sector  undertakings,  local  self
government,  government-aided  institutions  and  co-operative  societies  specified  under
section  73A  of  the  Maharahstra  Co-operative  Socieities  Act,  1960  there  shall  be
not  less  than  five  per  cent.  priority  quota  for  the  employment  of  nominees  of  the
affected  persons.

Mah.
XXIV
o f
1961.

(b) The  beneficiary  persons,  societies,  companies,  factories,  sugar-factories,
spinning-mills  assisted  by  the  State  Government  in  the  form  of  matching  share
contribution  etc.,  shall  provide  employment  to  not  less  than  five  per  cent.  of  the
cadre  strength  of  Class  III  and  Class  IV  or  equivalent  of  non-technical  employees
to  the  nominees  of  the  affected  persons :

Provided  that,  the  above  priority  shall  be  treated    as  preference  among  the  open

and  different  reservation  categories  in pro-rata manner.

(c) The  Collector  shall  maintain  a  register  showing  the  recruitment  position  in
the  District  and  ensure  removal  of  the  backlog  in  recruitment  of  the  nominees  of
the  affected  persons.  However,  at  any  recruitment,  the  percentage  of  the  persons
so  recruited  from  amongst  the  nominees  shall  not  exceed  fifty.

11. (1)  In  respect  of  a  project  to  which  this  Act  applies,  the  Commissioner  of
the  revenue  division,  in  which  the  entire  or  major  part  of  the  project  lies,  shall
by  notification  in  the Official  Gazette—

(a)  specify  the  village,  or  areas,  if  any,  which  are  likely  to  be  in  the  affected

Areas  of
affected  and
benefited
zone  to  be
notified.

or  benefited  zone  of  such  project ;

(b)  sepcify,  provisionally  the  area  of  holding  in  such  villages  or  areas  if  any,

to  which  restriction  specified  in  section  12  shall  apply.

(2) Such  notification  shall  be  published  in  the  villages  or  areas  which  are  likely
to  be  in  the  affected  or  benefited  zones,  by  beat  of  drums  and  by  affixing  a  copy
of  notification  in  some  prominent  place  or  places  in  the  zones,  and  in  the  village
chavadi and  in  the  office  of  the Village  panchayat, if  any,  and  also  in  the  office
of  the  Tahsildar,  the  Collector,  the  project  authority  and  the  Commissioner.

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Restrictions
on  transfer,
sub-division,
partition,
conversion
o r
improvement
of    land.

12. (1) Notwithstanding  anything  contained  in  any  law  for  the  time  being  in
force,  no  agricultural  land  in  the  villages  or  areas  specified  in  the  notification  under
section  11  shall,  after  publication  of  the  notification  in  the Official  Gazette, and
until  Collector  makes  a  declaration  to  the  effect  that  no  further  land  in  the  benefited
zone  of  any  particular  village  or  area  therefrom  is  required  for  the  purpose  of  this
Act,  be—

(a) transferred  whether  by  way  of  sale  (including  sale  in  execution  of  a  decree
of  civil  court  or  of  an  award  or  order  of  any  other  competent  authority)  or  by
way  of  gift,  exchange,  lease  or  otherwise ;

(b) sub-divided  (including  sub-division  by  a  decree  or  order  of  any  court  or

any  other  competent  authority) ;  or

(c) partitioned  (including  partition  by  a  decree  or  order  of  any  court  or  any

other  competent  authority) ;

(d) converted  to  non-agricultural  purpose ;  or

(e) improved  by  making  substantial  additions  and  alternations,  except  with

the  permission  in  writing  of  the  Commissioner.

(2) The  Commissioner  may  refuse  to  give  such  permission,  if  in  his  opinion,
the  transfer,  sub-division,  partition,  conversion  or  improvement  of  land  is  likely  to
defeat  the  object  of  this  Act,  or  may  give  such  general  or  special  permission,  subject
to  such  conditions,  if  any,  as  he  may  deem    fit  to  impose  to  carry  out  the  object
of  this  Act,  including  a  condition  that  the  grant  of  such  permission  shall  be  without
prejudice  to  the  area  of  land  liable  to  be  compulsorily  acquired  under  section  14
on  the  basis  of  any  holding  as  it  existed  immediately  before  the  grant  of
such permission.

(3) Any  transfer,  sub-division,  partition,  conversion  or  improvement  of  land  made
in  contravention  of  sub-section  (1)  or  of  any  condition  imposed  under  sub-section
(2),  shall  be  void  and  inoperative.

(4) Any  transfer,  sub-division,  partition,  conversion  or  improvement  of  any  land
in  the  villages  or  areas  specified  in  notification  under  section  11  and  to  which
restrictions  specified  in  this  section  apply,  made  on  or  before  the  date  of  such
notification  shall  not  be  taken  into  consideration  for  the  purposes  of  sub-section
(4)  of  section  14,  unless  such  transfer,  sub-division,  partition,  conversion  or
improvement  is  made—

(a) by  mets  and  bounds  and  entries  in  respect  thereof  are  recorded  in  the

relevant  village  record  after  due  certification ;  or

(b) by  decree  to  that  effect  and  entries  in  respect  thereof  are  recorded  in  the
relevant  village  records  after  due  certification  or  the  proceedings  are  pending
before  the  Revenue  Authorities  for  recording  the  entries  in  respect  of  the  same
in  the  relevant  village  records.

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Maharashtra  Project  Affected  Persons  Rehabilitation
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11

13. (1)  As  soon  as  may  be  practicable,  the  Collector  shall  give  a  public  notice
inviting  objections  or  suggestions  in  respect  of  the  lands  within  his  District  and
falling  under  clauses  (a)  and  (b)  of  sub-section  (3)  of  this  section,  by  publishing
in  the  manner  specified  in  sub-section  (2)  of  section  11  and  also  in  the Official
language  with  wide  circulation  in
Gazette  and  in  one  daily  newspaper  in Marathi
the  local  area  comprising  such  village  in  areas  of  the  affected  and  benefited  zones.

Declaration
of  areas  in
affected  or
benefited
zones.

(2) Any  person  interested  in  the  land  in  such  areas  may  submit  objections  or
suggestions,  if  any,  to  the  Collector  within  30  days  from  the  date  on  which  such
public  notice  is  published  by  beat  of  drums  in  the  village  or  area  concerned,  or
the  date  on  which  it  is  published  in  the  newspaper  as  aforesaid,  whichever  is  later,
and  the  Collector,  shall  with  all  reasonable  despatch,  forward  any  objections  or
suggestions  so  made  together  with  his  report  in  respect  thereof  to  the  Commissioner
and  on  considering  the  report  and  the  objections  and  suggestions,  if  any,  the
Commissioner  may  pass  such  order  as  he  deems  fit.

(3) The  Commissioner  shall,  not  later  than  three  years  in  case  of  major  irrigation
projects  and  not  later  than  one  year  in  case  of  other  projects  from  the  date  of
publication  of  notification  under  section  11,  shall  by  notification  in  the Official
Gazette, and  also  by  publication  of  such  notification  in  the  manner  provided  in
sub-section  (2)    of  section  11,  declare—

(a)  the  extent  of  area  which  shall  constitute  the  area  of  affected  zone  under

the  projects,

(b) the  extent  of  the  area  of  benefited  zone  under  the  project  if  the  project

is  an  irrigation  project,

(c) which  of  the  slabs  mentioned  in  the  Part  II  of  the  Schedule  shall  apply
to  such  project  for  the  purpose  of  acquisition  of  land  in  the  benefited  zone :

Provided  that,  it  shall  be  lawful  for  the  Commissioner  to  notify  the  affected

zone  and  the  benefited  zone  by  separate  notifications.

(4) The  project  authority  shall  furnish  to  the  Collector  detailed  map  of  at  least
25  per  cent.  of  the  area  of  the  benefited  zone  in  case  of  a  major  irrigation  project
and  100  per  cent.  of  the  area  in  case  of  other  projects  within  one  year  from  the
date  of  notification  under  section  11.

(5) If,  at  any  time  during  the  course  of  execution  of  a  proejct,  the  project
authority  is  satisfied  that  any  change  in  the  areas  mentioned  in  the  notification
under  sub-section  (3)  is  necessary,  it  shall  communicate  such  change  with  reasons
and  the  plans  and  particulars  relating  to  the  change  to  the  Commissioner  through
the  Collector.

(6) On  receipt  of  the  communication  under  sub-section  (5)  and  the  report  of
the  Collector,  if  any,  Commissioner  may,  after  considering  the  reasons  given  by
the  project  authority  and  in  the  report,  if  any,  of  the  Collector  and  making  such
enquiry,  if  any,  as  he  thinks  fit,  make  such  change  in  the  manner  laid  down  in
sub-sections  (1),  (2)  and  (3).

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Maharashtra  Project  Affected  Persons  Rehabilitation
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(7) On  publication  of  the  notification  as  provided  for  in  sub-section  (3)  or  (6),
as  the  case  may  be,  the  restrictions  laid  down  in  sub-section  (1)  of  section  12
shall  not  apply  to  lands  which  are  not  included  in  the  benefited  zone  or  the
affected  zone  of  the  project  in  the  villages  notified  under  sub-section  (1)  of
section 11.

Power  to
purchase  or
acquire  land
for  purposes
of  this  Act.

14.

(1) The  Commissioner  or  the  Collector  authorised  by  him  by  general  or
special  order  in  this  behalf    may  purchase  or  exchange  any  land  required  for
carrying  out  the  purposes  of  the  Act  :

Provided  that,  the  amount  paid  for  the  purchase  of  the  land  under  this  sub-
section  shall  be  approximately  equal  to  the  amount  of  compensation  payable  for
the  land  had  it  been  acquired  in  accordance  with  the  provisions  of  sub-section  (2).

(2) Subject  to  the  provisions  of  this  section,  the  Commissioner  may  for  carrying
out  the  purposes  of  this  Act,  also  compulsory  acquire  land  under  the  #Land
Acquisition  Act,  1894  and  the  acquisition  of  any  land  for  any  of  the  said  purposes
shall  be  deemed  to  be  a  public  purpose  within  the  meaning  of  that  Act.

I  of
1894.

(3) The  Commissioner  may  acquire  lands  included  in  a gaothan in  the  affected
zone  as  far  as  practicable  according  to  the  provisions  of  Part  I  of  the  Schedule.

(4) For  the  purpose  of  rehabilitating  affected  persons  from  the  affected  zone  under
an  irrigation  project,  including  those  under  any  irrigation  project,  who  have  remained
to  be  rehabilitated,  on  land,  the  Commissioner  may  acquire  land  from  holding  in
the  benefited  zone  of  the  project  according  to  the  slab  declared  in  the  notification
under  sub-section  (1)  of  section  13  and  may  also  acquire,  where  necessary,  land
from  any  other  villages  or  areas,  as  it  may  deem  fit.

(5) All  lands  acquired  under  this  section  shall  form  part  of  the  land  pool.

(6) An  affected  person  who  is  entitled  but  does  not  want  alternative  land  in
the  benefited  zone  shall  be  paid  fifty  per  cent.  amount  of  the  value  of  the  land
offered  to  him,  such  value  having  been  worked  out  on  the  basis  of  the  true  market
value  estimated  in  the  prescribed  manner  on  the  basis  of  the  land  rates  determined
and  issued,  at  the  relevant  time,  in  the  form  of  Annual  Statement  of  Rates,  by
the  Chief  Controlling  Authority  under  the  Bombay  Stamp  (Determination  of  True
Market  Value  of  Property)  Rules,  1995,  framed  under  the * Bombay  Stamp  Act,  1958.

Bom.
LX  of
1958.

Preparation
of  proposals
o f
rehabilitation
and
publication,
thereof.

15. Subject  to  the  general  or  special  order  which  the  Commissioner  may  make
in  this  behalf,  the  Collector  shall  prepare,  within  six  months  from  the  date  of
notification  under  sub-section  (3)  of  section  13,  the  proposals  in  one  or  more  stages,
from  time  to  time,  as  the  circumstances  may  require  for  rehabilitation  of  the  affected
persons  from  the  affected  zone  under  a  project  and  publish  a  notice  containing
such  proposals  in  the  manner  laid  down  in  sub-section  (2)  of  section  11  for  the
information  of  such  affected  persons.

*  The  short  title  of  this  Act  was  amended  as  "the  Maharashtra  Stamp  Act"  by  Mah.  24  of  2012.
#  Now  see  the  Right  to  fair  compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and

Resettlement  Act,  2013  (30  of  2013).

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13

16.

(1) An  eligible  affected  person  who  is  desirous  of  getting  land  or  plot  or
both  in  the  area  shown  for  the  purpose  in  the  scheme  published  under  section 15
may  make  an  application  to  the  Collector  in  the  prescribed  form  for  grant  of  land
or  plot,  and  subject  to  such  rules  as  may  be  prescribed,  it  shall  be  lawful  for  the
Collector—

Grant  and
assignment
of  land  and
payment  of
special  grant.

(a) to  grant  land  acquired  under  section  14  to  such  affected  person  with  the

occupancy  status  on  the  land  held  by  him  earlier ;

(b) to  grant  a  plot  of  land  to  such  affected  person  in  a  new gaothan or
extended  part  of  the  existing gaothan with  the  occupancy  status  on  the  land
held  by  him  earlier  and  rupees  ten  thousand  as  a  special  grant  for  construction
of  house  on  such  plot,

in  such  manner,  as  far  as  possible,  according  to  the  provisions  of  parts  III
and  IV  of  the  Schedule  and  on  such  terms  and  conditions  as  may  be  prescribed :

Provided  that—

(i) if  the  allottee  of  the  land  under  sub-clauses  (a)  and  (b)  of  sub-section (1)
is  an  occupant  Class  II,  he  shall  be  entitled  to  conversion  of  the  land  to
occupant  Class  I  after  a  period  of  ten  years  on  payment  of  premium  as  may
be  prescribed ;

(ii) the  affected  person  referred  to  in  sub-clause  (d)  of  clause  (2)  of
section 2  shall  be  eligible  to  a  constructed  house  on  the  basis  of  the Indira
Awas Scheme  of  the  State  Government ;

(iii) the  affected  person  referred  to  in  sub-clause  (e)  of  clause  (2)  of  section

2  shall  be  eligible  only  for  grant  of  a  plot  under  clause  (b) ;

(iv) subject  to  the  provisions  of  sub-sections  (2)  and  (3),  the  occupancy
price  of  the  land  or  plot,  as  the  case  may  be,  granted  under  clause  (a)  or
(b),  except  under  sub-clause  (ii)  above,  shall  be  determined  and  paid  in  the
manner  as  may  be  prescribed.

(2) An  affected  person  eligible  for  the  grant  of  land  or  plot  under  sub-section

(1)  shall  forfeit  his  right  to  get  the  same  if—

(a) he  fails  to  communicate  his  willingness  to  accept  the  grant  of  land  or
plot  made  to  him,  to  the  Collector  within  a  period  of  forty-five  days  from  the
date  of  receipt  by  him  of  a  notice  in  that  behalf  from  the  Collector ;  or

(b) he  fails  to  deposit  with  the  Collector,  towards  occupancy  price  of  the
land,  sixty-five  per  cent.  of  the  amount  of  compensation  which  he  has  received
for  his    land  which  is  acquired  from  him  in  the  affected  zone  or  of  the  likely
cost  of  the  land  to  be  granted  to  him  under  sub-section  (1),  whichever  is  less,
at  the  time  of  payment  of  such  compensation  to  such  affected  person.

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(3) After  payment  of  the  amount  under  clause  (b)  of  sub-section  (2),  the
remaining  amount  towards  the  occupancy  price  palyable  by  the  affected  person  for
the  land  allotted  to  him  shall  be  recovered  from  him  free  of  interest  in  such  manner
and  instalments  as  may  be  prescribed  :

Provided  that,  the  first  instalment  of  such  recovery  shall  commence  one  year

after  the  irrigation  facility  is  made  available  to  him.

(4) The  State  Government  shall  pay  a  special  grant  to  all  such  affected  persons
who  have  deposited  an  amount  as  per  clause  (b)  of  sub-section  (2)  of  this  section
but  have  not  been  alloted  land  in  the  benefited  zone  and  the  rate  of  the  special
grant  shall  be  rupees  four  hundred per  mensem for  the  period  from  the  date  of
actual  displacement  of  the  person  from  the  land  to  the  date  of  allotment  of  land
in  the  benefited  zone.

(5) Nothing  in  this  Act  shall  prevent  the  project  authority  to  lease  out  to  the
affected  person  the  land  acquired  from  him  till  the  gorge  filling  of  an  irrigation
project  is  taken  up  and  not  used  for  quarrying  dam  seat,  etc.

(6) Nothing  in  this  Act  shall  prevent  the  Collector  to  lease  out  to  the  affected
person  the  land  acquired  from  him  in  the  benefited  zone,  which  is  still  in  his
possession,  for  whatever  reason,  till  the  possession  of  such  land  is  granted  to  any
eligible  affected  person  and  such  land  shall  be  given  only  on  lease.

Power  to
grant
developed
land  to  the
project
affected
person.

17. 1[(1)] Where  the  acquiring  body  disposes  developed  land  from  the  land
acquired  for  the  purposes  of  the  project,  the  project  affected  person  would  be
entitled  to  twelve  and  half  per  cent.  develop  land  of  the  land  acquired  from  him,
on  payment  of  amount  prescribed  by  State  Government.

1[(2) Notwithstanding  anything  contained  in  sub-section  (1),  it  shall  be  lawful
for  the  State  Government  to  grant  such  alternative  benefits  to  the  project  affected
person  in  lieu  of  the  developed  land  as  the  State  Government  may  notify  taking
into  consideration  the  nature  of  the  project  and  the  local  conditions.]

Execution  of
layout  by
project
authority  or
any  other
agency  and
after
completion,
vesting
thereof  in
Zilla
Parishad.

18. The  execution  of  every  lay  out  of  a  new gaothan or  the  extension  of  an
existing gaothan, as  the  case  may  be,  in  so  far  as    it  relates  to  public  utilities,
civic  and  other  amenities  and  services  shall  be  carried  out  by  the  respective  project
authority,  or  where  the  Commissioner  considers  it  necessary  so  to  do,  it  may  by
an  order  in  writing  entrust  it  to  any  such  agency  as  it  may  deem  fit.  On  completion
of  the  said  works  in  all  respects  and  on  issue  of  a  certificate  in  writing  by  the
Collector  under  his  hand  and  seal  to  that  effect,  the  said  works  shall,  for  all
purposes  vest  in  the Zilla  Parishad having  jurisdiction  over  the  area  included  in
the  new Gaothan or  the  extension  of  an  existing gaothan, as  the  case  may  be,
as  if  it  were  a  development  scheme  undertaken  by  the Zilla  Parishad under  the
provisions  of  the  Maharashtra  Zilla  Parishads  and  Panchayat  Samitis  Act,  1961.

Mah. V
o f
1962.

1  Section  17  was  renumbered  as  sub-section  (1)  thereof  and  after  sub-section  (1)  so  renumbered,

sub-section  (2)  was  added  by  Mah.  XXVIII  of  2009,  s.  2.

2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
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15

19.

(1) Save  as  otherwise  provided  in  any  other  law  for  the  time  being  in  force,
where  any  land  held  by  an  affected  person  in  an  affected  zone  is  burdened  with
a  mortgage,  debt,  or  other  encumbrance,  such  as  mortgage,  debt,  or  other
encumbrance  shall  be  deemed  to  be  transferred  therefrom  and  attach  itself  to  the
land,  granted  to  such  affected  person  under  section  16,  and  the  mortgagee,  creditor
or,  as  the  case  may  be,  other  encumbrancer  shall  exercise  his  rights,  accordingly.

Transfer  of
encum-
brances.

(2) If  the  land  to  which  a  mortgage,  debt  or  other  encumbrance  is  transferred
under  sub-section  (1)  is  of  less  market  value  than  the  original  land  from  which
it  is  transferred,  the  mortgagee,  creditor  or,  as  the  case  may  be,  other  encumbrancer
shall,  save  as  otherwise  provided  in  any  other  law  for  the  time  being  in  force,
be  entitled  to  the  payment  of  such  compensation  by  the  affected  person  owning
the  land  as  may  be  determined  by  the  Collector.

(3) Notwithstanding  anything  contained  in  sub-sections  (1)  and  (2)  or  in  any
agreement  or  in  any  law  for  the  time  being  in  force,  a  mortgagee,  creditor  or,  as
the  case  may  be,  an  encumbrancer  shall  not,  for  any  money  advanced  or  any  loan
given  under  such  mortgage,  debt  or  encumbrance,  whether  before  or  after  the
commencement  of  this  Act,  recover  in  any  manner,  whatsoever,  on  account  of
interest,  a  sum  greater  than  the  amount  of  the  principal  of  the  money  advanced
or  of  the  loan.

20. When  any  land  is  acquired  by  the  Government  for  the  purpose  of  a  project
and  on  which  the  Government  or  any  other  Semi-Government  Authority  or  body
has  constructed  any  offices  or  any  other  structures  and  on  the  completion  of  such
project,  such  land  with  the  constructions  thereon,  is  no  more  required  by  the
Government  or  such  authorities  or  bodies,  such  land  along  with  the  constructions,
may  be  disposed  of  by  the  Government  in  the  prescribed  manner,  and  subject  to
such  terms  and  conditions  as  may  be  specified  by  the  Government.

Disposal  of
acquired
lands  with
structures,
thereon
completion
of  project.

CHAPTER    IV

MISCELLANEOUS

21.

(1) If  any  person  knowingly  furnishes  any  false  information  under  this  Act
or  obstructs  in  cultivation  of  land   given  to  an  affected  person  under  this  Act,  he
shall  be  punished  with  imprisonment  which  may  extend  to  three  months  or  with
a  fine  which  may  extend  to  five  thousand  rupees,  or  with  both :

Penalty.

Provided  that,  in  the  absence  of  special  and  adequate  reason  to  hold  the  contrary
to  be  mentioned  in  the  judgment  of  the  court,  such  fine  shall  not  be  less  than
one  thousand  rupees.

(2) Whoever  abets  any  offence  punishable  under  this  Act  or  attempts  to  commit
any  such  offence  shall  be  deemed  to  have  committed  that  offence  and  shall,  on
conviction,  be  punished  with  the  punishment  provided  for  such  offence  under  sub-
section  (1).

(3) Nothing  in  sub-sections  (1)  and  (2)  above  shall  prevent  the  Collector  from

holding  a  summary  inquiry  and  from  removing  the  obstruction  forthwith.

H 507-3

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Maharashtra  Project  Affected  Persons  Rehabilitation
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(4) If  any  person  refuses  or  fails  to  comply  with  the  order  of  the  collector  in
accordance  with  sub-section  (3)  above,  he  shall  be  liable  to  fine  up  to  rupees  one
thousand  per  day  till  he  removes  obstruction.

(5) If  any  beneficiary  contravenes  the  provisions  of  clauses  (a)  and  (b)  of  sub-
section  (3)  of  section  10,  the  Collector,  after  conducting  a  summary  enquiry,  may
order  the  stoppage  of  water  supply  and  power  supply  or  stoppage  of  grant-in-aid,
or  recall  the  Government’s  share  contribution  to  the  beneficiary  :

Provided  that,  an  appeal  may  be  filed  within  a  period  of  fifteen  days  against
the  order  of  the  Collector  passed  under  sub-section  (3),  (4)  or  (5)  as  the  case  may
be,  to  the  Commissioner  and  the  Commissioner  shall  dispose  of  the  appeal  within
a  period  of  one  month  from  the  date  of  filing  of  such  appeal.

22. Every  officer  of  Government  in  any  department  and  every  officer  or  servant
of  a  local  authority,  when  required  so  to  do,  shall  be  bound  to  assist  any
Commissioner  or  Collector  or  project  authority  or  any  officers  or  agencies  duly
authorised  for  the  purpose  of  carrying  out  the  provisions  of  this  Act.

23. All  officers  and  servants  appointed  under  this  Act  shall  be  deemed  to  be

public  servant  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

24. No  Civil  Court  shall  have  jurisdicition  to  settle,  decide  or  deal  with  any
question  which  is  by  or  under  this  Act  required  to  be  settled,  decided  or  dealt
with  by  the  project  authority,  Collector,  Commissioner  or  the  State  Government.

XLV
o f
1860.

Officers  of
Government
and  local
authorities  to
assist
Commissioner,
etc.

Officers  and
servants
appointed
under  this
Act  to  be
Public
servants.

Bar  of
Jurisdiction.

Protection  of
action  taken
under  this
Act.

25. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the  State
Government,  local  authority  or  any  public  servant  for  anything  which  is  in  good
faith  done  or  purported  to  be  done  under  this  Act.

Power  to
make  Rules.

26.

(1) The  State  Government  may,  by  notification  in  the Official  Gazette, and
subject  to  the  condition  of  previous  publication,  make  rules  for  carrying  out  the
purposes  of  this  Act.  Such  rules  may  provide  for  charging  fees  for  any  of  the
purposes  of  this  Act.

(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
successive  sessions,  and  if,  before  the  expiry  of  the  session  in  which  it  is  so  laid
or    the  session  immedately  following  both  Houses  agree  in  making  any  modification
in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be  made,  and  notify
such  decision  in  the Official  Gazette,
the  rule  shall,  from  the  date  of  publication
of  such  notification,  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.

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Maharashtra  Project  Affected  Persons  Rehabilitation
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17

27.

It  is  hereby  declared  that  this  Act  is  for  giving  effect  to  the  policy  of
the  State  towards  securing  the  principle  specified  in  clause  (b)  of  article  39  of
the  Constitution  of  India  and  the  execution  of  the  projects  and  rehabilitation  of
the  persons  affected  by  any  projects  and  the  acquisition  therefor  of  the  lands  and
transferring  any  such  lands  to  such  project  affected  person.

Declaration  as
to  policy  of
State.

CHAPTER    V
REPEAL AND  SAVING

Mah.
XXXII
o f
1989.

28. On  the  commencement  of  this  Act,  the  Maharashtra  Project  Affected  Persons

Rehabilitation  Act,  1986  shall  stand  repealed :

Provided  that,  such  repeal  shall  not  affect,—

Repeal  and
saving.

(a) the  previous  operation  of  the  law  so  repealed  or  anything  duly  done  or

suffered  thereunder ;  or

(b) any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred

under  the  law  so  repealed  ;  or

(c) any  penalty,  forfeiture  or  punishment  incurred  in  respect  of  any  offence

committed  against  the  Act  so  repealed ;  or

(d) any  investigation,  proceeding,  legal  proceeding  or  remedy  in  respect  of
any  such  right,  privilege,  obligation,  liability,  penalty,  forfeiture  or  punishment
as  aforesaid  and  any  such  investigation,  proceeding,  legal  proceeding  or  remedy
may  be  instituted,  continued  or  enforced,  and  any  such  penalty,  forfeiture  or
punishment  may  be  imposed  as  if  this  Act  had  not  been  passed :

Provided  further  that,  subject  to  the  preceding  proviso  and  any  saving
provisions  made  elsewhere  in  this  Act,  anything  done,  any  action  taken  (including
execution  of  any  project  and  works  incidental  or  supplemental  thereto),  any  rule
made  or  any  notification  or  order  issued  under  the  provisions  of  the  law  so
repealed  shall,  in  so  far  as  they  are  not  inconsistent  with  the  provisions  of  this
Act,  be  deemed  to  have  been  done,  taken,  made  or  issued  under  the
corresponding  provisions  of  this  Act,  and  continue  to  be  in  force  accordingly
unless  and  until  expressly  or  impliedly  by  anything  done,  action  taken,  rules
made  or,  notification  or  orders  issued  under  this  Act.

29.

If  any  difficulty  arises  in  giving    effect  to  the  provisions  of  this  Act,  the
State  Government  may,  as  occasion  arises,  by  order  do  anything  not  inconsistent
with  such  provisions  which  appears  to  it  to  be  necessary  or  expedient  for  the
purpose  of  removing  difficulty :

Removal  of
difficulty.

Provided  that,  no  order  under  this  section  shall  be  made  by  the  State
Government  after  the  expiry  of  two  years  from  the  date  of  commencement  of
this Act.

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Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

[See sections  13  (3)(c)  and  14  (3)  and  (4)  and  16  (1)]

SCHEDULE

PART  I

Percentage  of  houses  in
gaothan acquired  for  a  project
(1)

Extent  of  land  included  in
gaothan to  be  acquired
(2)

(a) Less  than  75  per  cent.  of  the
houses  in  the gaothan or  less
than  75  per  cent.  of  the  lands
are  acquired  for  a  project.

(b) 75  per  cent.  of  the  houses  in
the gaothan are  acquired  for  a
project.

(c) Area

included in  the gaothan
is  not  acquired for  the  project,

(a) Nill

(b) All  lands  included  in  the  entire

gaothan.

(c) All  lands  included  in  the  entire

gaothan :

but  more  than  75  per  cent.   of
the
agricultural  lands  in  the
village  are  acquired,  and  the
extent  or  the  remaining  available
for  cultivation  including  the
galper
for
cultivation  by  December  15th  of
every  year  in  the  village  is  less
than  50  per  cent.  of  the  cultivated
area  of  the  village.

available 

land 

Provided  that,  if  in  any  particular  case  of  a gaothan, the  criteria  in  (a),  (b)  and
(c)  above  is  not  fulfilled  but  the  circumstances  warrant  acquisition  of  houses  or
lands,  it  will  be    open  to  Government  in  its  sole  discretion  to  acquire  all  houses
or  all  lands  included  in  the  entire gaothan and  in  that  case  the  acquisition  shall
be  deemed  to  have  been  made  for  a  public  purpose.

Size  of  the  holding
(1)

PART  II

SLAB  I

Area  to  be  acquired
(2)

(a) Not  more  than  1  Hectare  and

(a) Nil.

61  Ares.

(b) More  than  1  Hectare  and  61
Ares  and  not  more  than  2
Hectares  and  42  Ares.

(b) The  area  in  excess  of  1  Hectare  and
61  Ares  but  not  more  than  40  Ares.

2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
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19

PART  II—Contd.

(1)

(2)

SLAB  I—Contd.

(c) More  than  2  Hectares  and  42  Ares
and not  more  than  3  Hectares  and
23  Ares.

(c) The  area  in  excess  of  2  Hectares
and  2  Ares  but  not  more  than  80
Ares.

(d) More  than  3  Hectares  and  23  Ares
and not  more  than  4  Hectares  and
4  Ares.

(d) The  area  in  excess  of  2  Hectares
and  42  Ares  but  not  more  than  1
Hectare  and  21  Ares.

(e) More  than  4  Hectares  and  4  Ares
and not  more  than  4  Hectares  and
85  Ares.

(e) The  area  in  excess  of  2  Hectares
and  83  Ares  but  not  more  than  1
Hectare  and  61  Ares.

(f) More  than  4  Hectares  and  85  Ares
and not  more  than  6  Hectares  and
47  Ares.

(f) The  area  in  excess  of  3  Hectares
and  3  Ares  but  not  more  than  2
Hectares  and  42  Ares.

(g) More  than  6  Hectares  and  47  Ares.

(g) All  the  area  in  excess  of  4  Hectares

and  4  Ares.

SLAB  II

(a) Not    more    than  2    Hectares  and

(a) Nil.

42  Ares.

(b) More  than  2  Hectares  and  42  Ares
and not  more  than  3  Hectares  and
23  Ares.

(b) The  area  in  excess  of  2  Hectares
and  42  Ares  but  not  more  than  3
Hectares  and  40  Ares.

(c) More  than  3  Hectares  and  23  Ares
and not  more  than  4  Hectares  and
4  Ares.

(c) The  area  in  excess  of  2  Hectares
and  83  Ares  but  not  more  than  80
Ares.

(d) More  than  4  Hectares  and  4  Ares
and not  more  than  5  Hectares  and
85  Ares.

(d) The  area  in  excess  of  3  Hectares
and  23  Ares  but  not  more  than  1
Hectare  21  Ares.

(e) More  than  4  Hectares  and  85  Ares
and not  more  than  5  Hectares  and
66  Ares.

(e) The  area  in  excess  of  3  Hectares
and  64  Ares  but  not  more  than  1
Hectare  61  Ares.

(f) More  than  5  Hectares  and  66  Ares
and not  more  than  7  Hectares  and
28  Ares.

(f) The  area  in  excess  of  4  Hectares
and  4  Ares  but  not  more  than  2
Hectare  42  Ares.

(g) More  than  7  Hectares  and  28

(g) All  the  area  in  excess  of  4  Hectares

Ares.

and  85  Ares.

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Maharashtra  Project  Affected  Persons  Rehabilitation
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PART  II—Contd.

(1)

(2)

SLAB  III

(a) Not    more    than  3  Hectares    and

(a) Nil.

23  Ares.

(b) More  than  3  Hectares  and  23  Ares
and not  more  than  4  Hectares  and
4  Ares.

(b) The  area  in  excess  of  3  Hectares
and  23  Ares    but  not    more  than
40  Ares.

(c) More  than  4  Hectares  and  4  Ares
and not  more  than  5  Hectares  and
85  Ares.

(c) The  area  in  excess  of  3  Hectares
and    64  Ares    but  not  more  than
80  Ares.

(d) More  than  4  Hectares  and  85  Ares
and not  more  than  5  Hectares  and
66  Ares.

(d) The  area  in  excess  of  4  Hectares
and    4  Ares    but    not  more  than
1  Hectare  21  Ares.

(e) More  than  5  Hectares  and  66  Ares
and not  more  than  6  Hectares  and
47  Ares.

(e) The  area  in  excess  of  4  Hectares
and  44    Ares  but    not  more  than
1  Hectare  61  Ares.

(f) More  than  6  Hectares  and  47  Ares
and not  more  than  8  Hectares  and
9  Ares.

(f) The  area  in  excess  of  4  Hectares
and    85  Ares  but    not  more  than
2  Hectares  24  Ares.

(g) More    than    8  Hectares    and

(g) All  the  area  in  excess  of  5  Hectares

89  Ares.

and  66  Ares.

(a) Not  more    than    4  Hectares  and

(a) Nil.

SLAB  IV

4  Ares.

(b) More  than  4  Hectares  and  4  Ares
and not  more  than  4  Hectares  and
85  Ares.

(c) More  than  4  Hectares  and  85  Ares
and not  more  than  5  Hectares  and
66  Ares.

(d) More  than  5  Hectares  and  66  Ares
and not  more  than  6  Hectares  and
47  Ares.

(e) More  than  6  Hectares  and  47  Ares
and not  more  than  7  Hectares  and
28  Ares.

(f) More  than  7  Hectares  and  28  Ares
and not  more  than  8  Hectares  and
89  Ares.

(b) The  area  in  excess  of    4  Hectares
and    4  Ares    but  not  more    than
40  Ares.

(c) The  area  in  excess  of  4  Hectares
and    44  Ares    but  not  more  than
80  Ares.

(d) The  Area  in  excess  of  4  Hectares
and    85  Ares    but    not  more  than
1  Hectare  21  Ares.

(e) The  Area  in  excess  of  5  Hectares
and    25  Ares    but  not    more  than
1  Hectare  61  Ares.

(f) The  Area  in  excess  of  5  Hectares
and    66  Ares    but  not    more  than
2  Hectare  24  Ares.

(g) More  than  8  Hectares  and  89

(g) All  the  area  in  excess  of  6  Hectares

Ares.

and  47  Ares.

2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
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21

PART  II—Contd.

(1)

(2)

SLAB  V

(a) Not    more  than    4  Hectares    and

(a) Nil.

85  Ares.

(b) More  than  4  Hectares  and  85  Ares
and not  more  than  5  Hectares  and
66  Ares.

(b) The  area  in  excess  of  4  Hectares
and  85  Ares    but    not    more  than
40  Ares.

(c) More  than  5  Hectares  and  66  Ares
and not  more  than  6  Hectares  and
47  Ares.

(c) The  area  in  excess  of  5    Hectares
and  25  Ares  but  not  more  than  80
Ares.

(d) More  than  6  Hectares  and  47  Ares
and not  more  than  7  Hectares  and
28  Ares.

(d) The  area  in  excess  of  4  Hectares
and  85  Ares  but  not  more  than  1
Hectare  and  21  Ares.

(e) More  than  7  Hectares  and  28  Ares
and not  more  than  9  Hectares  and
28  Ares.

(e) The  area  in  excess  of  6  Hectares
and  6  Ares  but  not  more  than  1
Hectare  and  61  Ares.

(f) More  than  8  Hectares  and  9  Ares
and not  more  than  9  Hectares  and
71  Ares.

(f) The  area  in  excess  of  6  Hectares
and  47  Ares  but  not  more  than  2
Hectares  and  42  Ares.

(g) More    than    9    Hectares    and

(g) All  the  area  in  excess  of  7  Hectares

71  Ares.

and  28  Ares  :

Provided  that,  the  land  to  be  acquired  according  to  any  slab  shall  not  be  less
than  20  Ares  or  consist  of  an  area  which,  under  the  provisions  of  the  *Bombay
Prvention  of  Fragmentation  and  Consolidation  of  Holdings  Act,  1947,  is  a  fragment
incapable  of  disposal  as  an  independent  piece  of  cultivable  land.

PART  III

Area  of  land  of  the  affected
persons  acquired  from  the
affected  zone
(1)

Area  of  the  land  from  the  benefited
zone  to  be  granted  to  the
affected  zone
(2)

(1) Not  more  than  80  Ares.

(1) Not  less  than  40  Ares  but  not

more  than  80  Ares.

(2) Not  more  than  80  Ares    but  not

(2) Not  less  than  80  Ares  but  not

more  than  2  Hectares.

more  than  1  Hectare  and  20  Ares.

(3) Not  more  than  2  Hectares  but  not
more  than  3  Hectares  and  20  Ares.

(3) Not  less  than  1  Hectare  and  20

Ares  but  not  more  than  1  Hectare
and  60  Ares.

(4) More  than  3  Hectares  and  20  Ares.

(4) 1  Hectare  and  60  Ares  :

  *The  short  title  of  this  Act  was  amended  as  "the  Maharashtra  Prvention  of  Fragmentation
and  Consolidation  of  Holdings  Act"  by  Mah.  24  of  2012,  Sch.  entry  29,  w.  e.  f.  1-5-1960.

Bom.
LXII
o f
1947.

22
2001 : Mah. XI]

Maharashtra  Project  Affected  Persons  Rehabilitation
Act, 1999

Provided  that,  if  the  number  of  the  members  in  the  family  of  the  affected  person
exceeds  five,  additional  area  of  40  Ares  for  every  three  additional  members  may
be  granted  subject  to  the  ceiling  of  2  Hectares  and  80  Ares :

Provided  further  that,  in  the  case  of  grant  of  dry  (Jirayat)  land  from  sources
other  than  the  benefited  zone,  it  shall  not  be  less  than  1  Hectare  and  60  Ares :

Provided  also  that,  in  any  case  the  total  extent  of  the  Holding  of  the  affected
persons  after  such  grant  shall  not  exceed  the  economic  holding  provided  by  the
rules  made  under  the  Code  for  disposal  of  Government  land :

Provided  also  that,  the  landless  agricultural  labourer  in  the  affected  zone  will

be  entitled  to  40  Ares  of  land  in  the  benefited  zone.

PART  IV

Category  of  the  affected
person
(1)

Area  of  the  plot  to  be  granted
in  a gaothan
(2)

1. An  agriculturist—

(a) if  the  number  of  members
of  his  family  does  not
exceed  five ;

(b) if  the  number  of  members  of

his  family does  not  exceed  five.

2. A  non-agriculturist—

(a) if  the  number  of  members
of  his  family  does  not
exceed  five ;

(b) if  the  number  of  members  of
his  family  exceeds  five.

370  square  metres.

An  additional  area  of  185  square  metres
for    every  three  additional  members
subject  to  the  ceiling  of  740  square
metres  in  the  aggregate.

185  square  metres.

An  additional  area  of  92.5  square
metres  for  every 
three  additional
members  subject  to  the  ceiling  of  370
square  metres  in  the  aggregate.

Explanation.—For  the  purpose  of  Parts  III  and  IV,  the  expression  "family"  means
the  spouse,  sons,  unmarried  daughters  or  sisters,  father  and  mother  of  the  affected
person ;  provided  that  all  such  persons  are  residing  with  and  are  dependent  on  the
affected  person.

H  507-4682  Bks.-2.2016

PRINTED  AT  THE  GOVERNMENT  PRESS,  KOLHAPUR.

