V of 1962.

Amendment of section 44 of Mah. XXXVIII of In section 44 of the Maharashtra Irrigation Act, 1976, in sub-section (2), the following provisos shall be added, namely :— “ Provided that, if the land proposed to be acquired falls within the Scheduled Area then the State Government shall, before such acquisition or before re-settling or rehabilitating the persons affected by such projects in such Scheduled Areas consult,—

1. (i) the Gram Sabha and Panchayat concerned, if the land is falling within the area of one Panchayat ;
2. (ii) the concerned Gram Sabhas and Panchayat Samiti, if the land is falling within the area of more than one Panchayats in the Block concerned ;
3. (iii) concerned Gram Sabhas and Zilla Parishad, if the land is falling within the area 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 a general or a special order in this behalf : Provided that, the decision taken by majority of 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 this proviso,—
4. (i) the expressions “ Gram Sabha ”, “ Panchayat ” and “ Scheduled Areas ” shall have the meanings, respectively, assigned to them in the Bombay Village Panchayat Act, 1958 ; [Bom. III of 1959.]
5. (ii) the expression “ Panchayat Samiti ” and “ Zilla Parishad ” shall have the meaning, respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.” [Mah.