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Section 25A: Power of State Government to direct preparation and execution of scheme in area declared to be or scarcity area.

The Maharashtra Land Improvement Schemes Act.State Act of Maharashtra · Act 28 of 1942

[25A. Power of State Government to direct preparation and execution of scheme in area declared to be scarcity area.- (1) Notwithstanding anything contained in this Act, if the State Government [is of opinion that a state of scarcity prevails] or is likely to prevail in any area, [or that it is necessary to provide suitable work to relieve rural unemployment in any area], [or that it is necessary in the public interest to carry out immediately any work of land improvement in any area for meeting an emergency of any kind whatsoever] it may make a declaration to that effect. Such declaration shall be published in the Official Gazette. On the publication of such declaration, the State Government may direct the Collector [or the Company] to appoint an officer as the Executing Officer for the purpose of immediately [constructing embankments, water courses or any work of land improvement in such villages or areas as may be specified]. Such direction shall also require the Board to prepare a scheme providing for matters specified in clauses (i) and (ii) of sub-section (1) of section 4, or any other matters specified in sub-section (1) of that section in such villages [or areas].

(2) On the issue of a direction under sub-section (1), the board shall ask the [Officer appointed by it for the purpose] to prepare a draft scheme, including therein all the works [undertaken by the Executing Officer] under sub-section (1), and other works in accordance with such instruction as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such [Officer] shall prepare a draft scheme accordingly and submit it to the Board for its approval.

(3) The draft scheme submitted to the Board may be approved by it without modification, or with such modifications as shall not affect the work carried out by the Executing Officer under sub-section (1). The scheme so approved by the Board shall be published in the Official Gazette and in the village [or area] in which the lands included in the scheme are situate. On the date on which the scheme is published in the village [or area], it shall come into force and shall have effect as if it were enacted in this Act. The provisions of section 10A and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme as if it were a scheme which has come into force under section 10.

(4) Notwithstanding anything contained in sub-section (3), the owner of the land in which any work has been carried out for the purposes of a scheme under this section shall be liable, pending the preparation of the statement under section 13 [or 13-A], to maintain the work to the satisfaction of [District Superintendent Agriculture Officer] [or Company Officer] and repair it to his satisfaction within such time as he may fix and the provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this section.

Where this provision sits

ActThe Maharashtra Land Improvement Schemes Act.
Section25A
Marginal notePower of State Government to direct preparation and execution of scheme in area declared to be or scarcity area.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Bom. 51 of 1954. Sections 25A and 25B were inserted by Bom. 51 of 1954, s. 4.
  • substituted. These words were substituted by G.N., A. and F.D., No. SCS. 1564-III-8062- F, dated 28th October 1964.
  • inserted, Bom. 30 of 1958. These words were inserted by Bom. 30 of 1958, s. 15(1).
  • inserted, Mah. 44 of 1972. These words were inserted by Mah. 44 of 1972, s. 2.
  • inserted, Mah. 18 of 1973. These words were inserted by Mah. 18 of 1973, s. 18(1).
  • substituted, Mah. 44 of 1972. These words were substituted for the words "constructing embankments in such villages as may be specified" by Mah. 44 of 1972, s. 2.
  • inserted, Mah. 44 of 1972. These words were inserted by Mah. 44 of 1972.
  • substituted, Mah. 18 of 1973. These words were substituted of the words "Executing Officer" by Mah. 18 of 1973, s. 18(2)(a).
  • substituted, Mah. 18 of 1973. These words were substituted for the words "undertaken by him" by Mah. 18 of 1973, s. 18(2)(b).
  • substituted, Mah. 18 of 1973. This word was substituted for the words "Executing Officer" by Mah. 18 of 1973, s. 18(2)(c).
  • inserted, Mah. 44 of 1972. These words were inserted by Mah. 44 of 1972, s. 2.
  • inserted, Mah. 44 of 1972. These words were inserted by Mah. 44 of 1972, s. 2.
  • inserted, Bom. 30 of 1958. These words were inserted by Bom. 30 of 1958, s. 15 (1).
  • substituted, Mah. 31 of 2014. These words were substituted for the words "Divisional Soil Conservation Officer" by Mah. 31 of 2014, s. 9.
  • inserted, Mah. 18 of 1973. These words were inserted by Mah. 18 of 1973, s. 18(3).

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