Amendment of section 41 of Mah. XXVIII of

In section 41 of the Maharashtra Housing and Area Development Act, 1976, to sub-section (1), after the existing proviso, the following provisos shall be added, namely :— " Provided further that, if the land proposed to be acquired falls within the Scheduled Areas then the State Government shall before such acquisition and before re-setting or rehabilitating of persons affected consult,—

1. (i) the Gram Sabha and the Panchayat concerned, if the land falls within the area of one Panchayat ;
2. (ii) concerned Gram Sabhas and the Panchayat Samiti, if the land falls within the area of more than one village in the Block concerned ;
3. (iii) the concerned Gram Sabhas and the Zilla Parishad concerned, if the land falls within the jurisdiction of more than one Blocks in the district concerned ; such consultation shall be done in the manner as may be laid down by the State Government by issuing general or special order issued in this behalf : Provided that, the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad, as the case may be. Explanation.—For the purpose of these provisos,—
4. (i) the expressions "Gram Sabha", "Panchayat" and "Scheduled Areas" shall have the meaning respectively assigned to them in the Bombay Village Panchayat Act, 1958 ;
5. (ii) the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meanings respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961."