Section 10   [ View Judgements ]

Rehabilitation of affected persons

(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) 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) 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 toilets 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, wherever 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) 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.

(5) The expenditure on all such amenities in sub-sections (3) and (4) above shall be part of the cost of the project.

(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 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.

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