Section 25A in Maharashtra Land Improvement Schemes Act, 1942
25A. [] [Section 25A and 25B were inserted by Bombay 51 of 1954, section 4.] Power of State Government to direct preparation and execution of scheme [in area declared to be scarcity area]. [These words were substituted by G. N, A. & F. D., No. SCS. 1564-III-8062-F, dated 28th October 1964.] - (1) Notwithstanding anything contained in this Act, if the State Government [is of opinion that a state of scarcity prevails] [These words were substituted by G. N, A. & F. D., No. SCS. 1564-III-8062-F, dated 28th October 1964.] or is likely to prevail in any area, [or that it is necessary to provide suitable work to relieve rural unemployment in any area] [These words were inserted by Bombay , 30 of 1958, section 15(1).], [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] [These words were inserted by Maharashtra 44 of 1972, section 2.] 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] [These words were inserted by Maharashtra 18 of 1973, section 18(1).] 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.] [These words were substituted for the words 'constructing embankments in such villages may be specified' by Maharashtra 44 of 1972, section 2.] 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] [These words were inserted by Maharashtra 44 of 1972, section 2.].
(2)On the issue of a direction under sub-section (1), the Board shall ask the [Officer appointed by it for the purpose] [These words were substituted of the words 'Executive Officer' by Maharashtra 18 of 1973, section 18(2)(a).] to prepare a draft scheme, including therein all the works [undertaken by the Executing Officer] [These words were substituted for the words 'undertaken by him' by Maharashtra 18 of 1973, section I8(2)(b).] under sub-section (1), and other works in accordance with such instructions as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such [Officer] [These words were substituted of the words 'Executive Officer' by Maharashtra 18 of 1973, section 18(2)(c).] 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 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] [These words were inserted by Maharashtra 44 of 1972, section 2.] in which the lands included in the scheme are situate. On the date on which the scheme is published in the village [or area] [These words were inserted by Maharashtra 44 of 1972, section 2.], it shall came 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 13A] [These words were inserted by Bombay , 30 of 1958, section 15(1).], to maintain the work to the satisfaction of the Divisional Soil Conservation Officer [or Company Officer] [These words were inserted by Maharashtra 18 of 1973, section 18(3).] and repair it to his satisfaction which such time as he may fix and within provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this section.
