Maharashtra Endowing Upon the Panchayats in the Scheduled Areas the Powers to Function as Self-Government (Amendment of Certain State Laws) Act, 1997[1]

[Maharashtra Act 46 of 1997]

[28th December, 1997]

An Act further to amend certain State Laws for endowing upon the Panchayats in the Scheduled Areas the powers to function as self-Government.

Whereas it is expedient further to amend certain State Laws for endowing upon the Panchayats in the Scheduled Areas the powers to function as self-Government and for the purposes hereinafter appearing: It is hereby enacted in the Forty-eighth Year of the Republic of India as follows.

Chapter I PRELIMINARY

Section - 1. Short title.

This Act may be called the Maharashtra endowing upon the Panchayats in the Scheduled Areas the powers to function as self-Government (Amendment of certain State Laws) Act, 1997.

Chapter II AMENDMENTS TO THE BOMBAY VILLAGE PANCHAYATS ACT, 1958

Section - 2. Insertion of Section 8-A in Bom. III of 1959.

After Section 8 of the Bombay Village Panchayats Act, 1958 (Bom. III of 1959) (hereinafter in this Chapter referred to as ?the principal Act?), the following section shall be inserted, namely.

?8A. Powers and duties of Gram Sabha in the Scheduled Areas. It shall be competent for every Gram Sabha in the Scheduled Areas,

(i)       to safeguard and preserve the traditions and customs of the tribals, their cultural identity, community resources and the customary mode of dispute resolution;

(ii)      to approve the plans, programmes and projects to be implemented by the panchayat for social and economic development before such plans.

(iii)     to issue to the panchayat certificate of utilisation of funds by that panchayat for the plans, programmes and projects referred to in Clause (ii);

(iv)    to identify and select persons as beneficiaries under the poverty alleviation and similar other programmes or schemes;

(v)      to enforce prohibition or to regulate restrict through panchayat concerned, the sale and consumption of intoxicants;

(vi)    to issue to the panchayat with regard to the exploitation and regulation of trading of minor forest produce, subject to the provisions of the Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas, and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997 (Mah. XLV of 1997);

(vii)   to make recommendations through panchayat concerned with a view to prevent transfer or alienation of land in the Scheduled areas and to take appropriate action through the panchayat to restore any unlawfully transferred or alienated land of a Scheduled Tribe;

(viii)  to make recommendations through the panchayat concerned with a view to exercise control over money-lending to the Scheduled Tribes;

(ix)    to make recommendations through the panchayat concerned with a view to exercise control over local plans and resources for such plans including tribal sub-plans.?

Section - 3. Insertion of Section 45-A in Bom. III of 1959.

After Section 45 of the principal Act, the following section shall be inserted, namely.

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

(i)       obtain from the Gram Sabha a certification of utilization of funds by the panchayat for the plans, programmes and projects approved under Clause (ii) of Section 8-A;

(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;

(iii)     be competent to make recommendations, to the licensing authorities concerned, prior to grant of a licence or premission by such authority for,

(a)      prospecting licence or mining lease for minor minerals in such Scheduled Areas; and

(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 (Mah. V of 1962) 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 (Bom. XXXI of 1947) 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 (Mah. XLV of 1997).?.

Section - 4. Amendment of Section 57 of Bom. III of 1959.

In Section 57 of the principal Act, in sub-section (2), after Clause (f), the following clause shall be inserted, namely.

?(fa) the sale proceeds or royalty of the minor forest produce collected in the Scheduled Areas within the jurisdiction of a Panchayat and vested in that Panchayat;?.

Section - 5. Amendment of Section 58 of Bom. III of 1959.

Section 58 of the principal Act, shall be re-numbered as sub-section (1) thereof and after sub-section (1), as so re-numbered, the following shall be added, as sub-section (2), namely.

?(2) Notwithstanding anything contained in sub-section (1), if any of the Panchayat area is falling partly in the Scheduled Area and partly in the non-Scheduled Area, the sale proceeds or royalty of the minor forest produce credited into the village fund under Clause (fa) of sub-section (2) of Section 57 shall be expended only for the development of the said area of Panchayat failing in the said Scheduled Areas.?.

Section - 6. Amendment of Section 60 of Bom. III 1959.

In Section 60 of the principal Act, to sub-section (1), the following proviso shall be added, namely.

?Provided that, the Secretary shall also function as Secretary to the Gram Sabha of the respective Panchayat?.

Section - 7. Insertion of Section 153-B in Bom. III of 1959.

After Section 153-A of the principal Act, the following section shall be inserted, namely.

?153-B. Power of State Government to give instructions and issue directions to Gram Sabha or Panchayat in Scheduled Areas. The State Government may give to any Gram Sabha or Panchayat in the Scheduled Areas general or special instructions as to the matters of policy to be followed by the Gram Sabha or Panchayat, as the case may be, in the interest of the tribals in the Scheduled Areas with reference to the implementation of or compliance with, the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). Upon the issue of such instructions or directions it shall be the duty or the Gram Sabha or the Panchayat, as the case may be, to give effect to such instructions or directions.?.

Chapter III AMENDMENTS TO MAHARASHTRA ZILLA PARISHADS AND PANCHAYAT SAMITIS ACT, 1961

Section - 8. Insertion of Section 100-A in Mah. V of 1962.

After Section 100 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) (hereinafter in this Chapter referred to as ?the principal Act?), the following section shall be inserted, namely.

?100-A. Powers and duties of Zilla Parishads in Scheduled Areas. Every Zilla Parishad having Scheduled Area falling in more than one blocks in the District concerned,

(i)       shall be consulted by the Land Acquisition Authority, before such Authority acquires any land in the Scheduled Areas for the development projects and for re-settlement or rehabilitation of persons affected by such projects in such Scheduled areas:

(ii)      shall be competent to make recommendations, to the licensing authorities concerned, prior to grant of a licence, or permission by such authority for,

(a)      prospecting license or mining lease for minor minerals in such Scheduled Areas;

(b)      concession for the exploitation or minor minerals by auction;

(iii)     having regard to the provisions or any law for the time being in force pertaining to transfer or alienation of land of the persons belonging to the Scheduled Tribes, shall be competent to make suitable recommendations to the Collector with a view to prevent unlawful transfer or alienation of land and to restore any unlawfully transferred or alienated land of members of the Scheduled Tribes;

(iv)    shall be competent to make suitable recommendations to the Registrar appointed under Section 3 of the Bombay Money Lenders Act, 1946 (Bom. XXXI of 1947) whenever a person applies for a licence for money-lending in such Scheduled Area:

Provided that the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in any of the above matters shall be binding on the concerned Zilla Parishad.?.

Section - 9. Insertion of Section 101-B in Mah. V of 1962.

After Section 101-A of the principal Act, the following section shall be inserted, namely.

?101-B. Powers and duties of Panchayat Samiti in Scheduled Areas. Every Panchayat Samiti having Scheduled Areas falling in more than one Panchayat area in the Block concerned,

(i)       Shall be consulted by the Land Acquisition Authority, before such Authority acquires any land in the Scheduled Area for the Development project and for re-settlement or re-habilitation of persons affected by such projects in such Scheduled Areas;

(ii)      Shall be competent to make recommendations, subject to the provisions of any laws or regulations for the time being in force, to the licensing authorities concerned, prior to grant of a licence, or permission by such authority for,

(a)      prospecting licence or mining lease for minor minerals in such Scheduled Areas;

(b)      concession for the exploitation of minor minerals by auction;

(iii)     Shall be competent to monitor, progress and supervise functioning of institutions and functionaries entrusted with the implementation of social sector programmes in such Scheduled Areas;

Explanation. For the purpose of this clause ?Social Sector? means any scheme, programme, project or work entrusted to Zilla Parishad under the provisions of Sections 100, 102, 103 of 123 and Panchayat Samiti under Section 101 of this Act so also to a Panchayat under Section 45 of the Bombay Village Panchayat Act, 1958.

(iv)    having regard to the provisions of any law for the time being in force pertaining to transfer of alienation of land of the persons belonging to the Scheduled Tribes, to make suitable recommendations to the Collector with a view to prevent unlawful transfer or alienation of land and to restore any unlawfully transferred or alienated land of members of the Scheduled Tribes;

(v)      Shall be competent to make suitable recommendations to the registrar appointed under Section 3 of the Bombay Money-lenders Act, 1946 (Bom. XXXI of 1947), whenever a persons applies for a licence for money-lending in such Scheduled Areas:

Provided that the decision taken by the majority of Gram Sabhas concerned by passing a resolution in any of the above matters shall be binding on the concerned Panchayat Samiti.?.

Chapter IV AMENDMENT TO THE BOMBAY MONEY-LENDERS ACT, 1946

Section - 10. Amendment of Section 7 of Bom. XXXI of 1947.

In Section 7 of the Bombay Money lenders Act, 1946, to sub-section (1) the following provisos shall be added, namely.

?Provided that, the Registrar shall grant such licence in the Scheduled Areas after consultation with the Gram Sabha and the Panchayat concerned, and where the area of the licence extends to more than one Gram Sabha or Panchayat then all the concerned Gram Sabha and Panchayat Samiti, within whose area of jurisdiction the money-lender carries on or intends to carry on, the business of money lending:

Provided that the decision taken by majority of the Gram Sabhas concerned by passing a resolution in any of the above matters shall be binding on the concerned Panchayat Samiti.

Explanation. For the purpose of these provisions,

(i)       the expression ?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);

(ii)      the expression ?Panchayat Samiti? shall have the meaning, assigned to it in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.?.

Chapter V AMENDMENT TO THE MAHARASHTRA INDUSTRIAL DEVELOPMENT ACT, 1961

Section - 11. Amendment of Section 32 of Mah. III of 1962.

In Section 32 of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) to sub-section (2), the following provisos shall be added, namely.

?Provided that, if the land proposed to be acquired falls within a Scheduled Area then the State Government shall before such acquisition consult,

(i)       the Gram Sabha and the Panchayat concerned if the land is falling within the area of one Panchayat;

(ii)      the concerned Gram Sabhas and the Panchayat Samiti if the land is falling within the area of more than one Panchayats in the Block concerned;

(iii)     the concerned Gram Sabhas and the Zilla Parishad if the land is falling within the area of more than one Block in the district concerned; such consultation shall be carried out in the manner as may be laid down by the State Government by issuing a general or special order in this behalf:

Provided that, the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in the above matters shall be binding on the concerned Panchayat Samiti or the Zilla Parishad as the case may be.

Explanation. For the purposes of these-provisos,

(i)       the expressions ?Gram Sabha? or ?Panchayat? and ?Scheduled Areas? shall have meanings, respectively, assigned to them in the Bombay Village Panchayats Act, 1958 (Bom. III of 1959);

(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 (Mah. V of 1962).?.

Chapter VI AMENDMENT TO THE MAHARASHTRA HOUSING, AND AREA DEVELOPMENT ACT, 1976

Section - 12. Amendment of Section 41 of Mah. XXVIII of 1977.

In Section 41 of the Maharashtra Housing and Area Development Act, 1976 (Mah. XXV of 1977), 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,

(i)       the Gram Sabha and the Panchayat concerned, if the land falls within the area of one Panchayat;

(ii)      concerned Gram Sabhas and the Panchayat Samiti, if the land falls within the area of more than one village in the Block concerned;

(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,

(i)       the expressions ?Gram Sabha,? ?Panchayat? and ?Scheduled Areas? shall have the meaning respectively assigned to them in the Bombay Village Panchayat Act, 1958;

(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.?.

Chapter VII AMENDMENT TO THE BOMBAY PROHIBITION ACT, 1949

Section - 13. Insertion of Section 11-A in Mah. XXV of 1949.

After Section 11 of the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), the following section shall be Inserted, namely.

?11A. Power of Gram Sabha to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicants. Notwithstanding anything contained in Section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and a Panchayat or a Panchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such Gram Sabha or a Panchayat or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or restrict the sale and consumption of intoxicant in Scheduled areas within its jurisdiction:

Provided that, the decision taken by 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 this section,

(i)       the expression ?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);

(ii)      the expression ?Panchayat Samitis? and ?Zilla Parishads? shall have the meanings respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).?.

Chapter VIII AMENDMENT TO MAHARASHTRA IRRIGATION ACT, 1976

Section - 14. Amendment of Section 44 of Mah. XXXVIII of 1976.

In Section 44 of the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 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,

(i)       the Gram Sabha and Panchayat concerned, if the land is falling within the area of one Panchayat;

(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;

(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,

(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);

(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.?.

Chapter IX MISCELLANEOUS

Section - 15. Removal of difficulties.

If any difficulty arises in giving effect to the Bombay Village Panchayat Act, 1958 (Bom. III of 1959), the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), the Bombay Money Lenders Act, 1946 (Bom. XXXI of 1947), the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962), the Maharashtra Housing and area Development Act, 1976 (Mah. XXVIII of 1977), the Bombay Prohibition Act, 1949 (Bom. XXV of 1949), or the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976), as amended by this Act, or by reason of anything contained therein, or in giving effect to provisions of any of those Acts in respect of the matters contained in this Act, the State Government may, as occasion arises, by order do anything not inconsistent with the provisions of this Act which appears to it to be necessary for the purpose of removing such difficulty:

Provided that, no such older shall be made after expiry of a period of two years from the date of commencement of this Act.