Insertion of section 45A in Bom. III of

After section 45 of the principal Act, the following section shall be inserted, namely :—

Powers and duties of Panchayats in Scheduled Areas. "45A. Every panchayat in the Scheduled Areas shall,—

1. (i) obtain from the Gram Sabha a certification of utilization of funds by the panchayat for the plans, programmes and projects approved under clause
2. (ii) of section 8A ;
3. (ii) be consulted by the Land Acquisition Authority, before such Authority acquires any land in the Scheduled Area falling within its jurisdiction, for development projects and for re-setting or rehabilitating any person affected by such projects in such Scheduled Area : Provided that, every Panchayat shall consult the Gram Sabha before conveying its views to the Land Acquisition Authority concerned ;
4. (iii) be competent to make recommendations, to the licensing authorities concerned, prior to grant of a licence or premission by such authority for,—

1. (a) prospecting licence or mining lease for minor minerals in such Scheduled Areas ; and
2. (b) concession for the exploitation of minor minerals by auction ;
   • (iv) be competent to monitor, progress and supervise functioning of institutions and functionaries entrusted with implementation of social sector programmes in the village concerned and make suitable recommendations to the Panchayat Samiti and Zilla Parishad with regard to implementation of social sector programmes. Explanation.—For the purposes of this clause, "social sector" means any scheme, programme, project or work entrusted to a Zilla Parishad under the provisions of sections 100, 102, 103 or 123 and to a Panchayat Samiti under section 101 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 so also to a Panchayat under section 45 of this Act ;
   • (v) having regard to the provisions of any law for the time being in force pertaining to alienation of land of the persons belonging to the Scheduled Tribes, be competent to make suitable recommendations to the Collector with a view to prevent unlawful alienation of land and to restore any unlawfully alienated land of members of the Scheduled Tribes ;
   • (vi) be competent to make suitable recommendations to the Registrar appointed under section 3 of the Bombay Money Lenders Act, 1946 whenever a person applies for a licence for money lending in the area of the Panchayat concerned ;
   • (vii) be competent to regulate exploitation, management and trade of minor forest produce vested in it under the Maharashtra Transfer of Ownership of Minor Forest Produce in the Schedule Areas, and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997."