Chapter III REHABILITATION OF AFFECTED PERSON

1. (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.
2. (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. (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 drinking 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 facilities ;
   • (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 population of the new gaothan ;
   • (q) land for registered bodies for public purposes in the old gaothan ;
   • (r) land for play ground.
4. (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 (Mah. XXX of 1970).
5. (5) The expenditure on all such amenities in sub-sections (3) and (4) above shall be part of the cost of the project.
6. (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 Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) there shall be not less than five per cent. priority quota for the employment of nominees of the affected persons.
   • (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.

1. (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 or benefited zone of such project;
   • (b) specify, provisionally the area of holding in such villages or areas if any, to which restriction specified in section 12 shall apply.
2. (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 chavdi 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.

1. (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. (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. (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. (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.

1. (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 Gazette and in one daily newspaper in Marathi language with wide circulation in the local area comprising such village in areas of the affected and benefited zones.
2. (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. (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. (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. (5) If, at any time during the course of execution of a project, 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. (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).
7. (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.

1. (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. (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 1Land Acquisition Act, 1894 (I of 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.
3. (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. (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. (5) All lands acquired under this section shall form part of the land pool.
6. (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 2Bombay Stamp Act, 1958 (Bom. LX of 1958).

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.

1. (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-
   • (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. (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.
3. (3) After payment of the amount under clause (b) of sub-section (2), the remaining amount towards the occupancy price payable 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. (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. (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. (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.

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. 2[(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.]

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 that Zilla Parishad under the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).

1. (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.
2. (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. (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.

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.