The Maharashtra Project Affected Persons Rehabilitation Act, 1999
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21. Penalty.
- (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 : 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.
- (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 subsection (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.
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22. Officers of Government and local authorities to assist Commissioner, etc.
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.
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23. Officers and servants appointed under this Act to be Public servants.
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 (XLV of 1860).
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24. Bar of jurisdiction.
No Civil Court shall have jurisdiction 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.
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25. Protection of action taken under this Act.
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.
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26. Power to make Rules.
- (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 immediately 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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27. Declarations as to policy of State.
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.
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