Section 33 in Maharashtra Industrial Development Act, 1961
33. Compensation
(1)Where any land is acquired by the State Government under this Chapter, the State Government shall pay for such acquisition compensation the amount of which shall be determined in accordance with the provisions of this section.(2)Where the amount of compensation has been determined by agreement between the State Government and the person to be compensated, it shall be determined in accordance with such agreement.(3)Where no such agreement can be reached, the State Government shall refer the case to the Collector for determination of the amount of compensation to be paid for such acquisition as also the person or persons to whom such compensation shall be paid:[Provided that, no compensation exceeding such amount as the State Government may by general order specify, to be paid for such acquisition shall be determined by the Collector without the previous approval of the State Government or such officer as the State Government may appoint in this behalf.] [This proviso was added by Maharashtra 32 of 1967, Section 2.][Provided further that, the State Government while issuing the general order under the preceding proviso shall adhere to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) relating to the determination of amount of compensation in accordance with the First Schedule, and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families.] [Inserted by Maharashtra Act No. 27 of 2019, dated 23.7.2019.](3A)[ Notwithstanding anything contained in sub -section (3) if, after the case is referred to the Collector under that sub-section but before he has finally determined the amount of compensation, such amount is determined by agreement between the State Government and the person to be compensated, the compensation shall be determined by the Collector in accordance with such agreement.] [Sub-section (3A) was inserted by Maharashtra 18 of 1975, Section 13.](4)Before finally determining the amount of compensation, the Collector shall give an opportunity to every person to be compensated to state his case as to the amount of compensation.(5)[ In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 26 to 30 and other relevant provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, subject to the modifications that, the reference in section 26 to " the date on which notification has been issued under section 11 ", shall be the reference as " the date of the service of publication of the notice under sub-section (2) of section 32 of this Act in the manner for the time being laid down under this Act ", and the reference in section 28 to " the time of the publication of the declaration under section 19 " shall be the reference as " the date of the publication of the notice under sub-section (1) of section 32 of this Act in the Official Gazette.] [Substituted by Maharashtra Act No. 27 of 2019, dated 23.7.2019.][Explanation. - For the purposes of this sub-section, the date of the service of a notice under sub-section (2) of section 32 of this Act shall before the 8th day of dune 1967 mean the date on which the notice is served in the manner laid down in section 52 of this Act; and on and after the 8th day of June 1967 the date of the publication of a notice under the said sub-section (2) of section 32 shall be the date on which the notice is published in the Official Gazette.] [This Explanation was deemed always to have been added on 8th June 1967 by Maharashtra 45 of 1971, Section 2(b).](6)For the purpose of determining the amount of compensation-(a)the Collector shall have power to require any person to deliver to him such returns and assessments as he considers necessary;(b)the Collector shall also have power to require any person known or believed to be interested in the land to deliver to him a statement containing, as far as may be practicable, the name of every other person having any interest in the land as co-owner, mortgagee, tenant, or otherwise, and the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.(7)Every person required to deliver a return, assessment or statement under sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code.(8)The Collector may hear expert witnesses if it be necessary to do so in any particular case.(9)The Collector or any officer authorised by him in this behalf shall be entitled to enter on and inspect any land which is subject to proceedings before him.(10)The Collector shall dispose of every case referred to him under sub-section (3) for determination of compensation as expeditiously as possible and in any case within such time as may be prescribed by rules.(11)The Collector shall determine the amount of cost incurred in any case disposed of by him under the section, and by what persons and in what proportions they are to be paid.(12)[ Where any case is referred to any Collector under sub-section (3), the State Government may, at any stage, by order in writing and for reasons to be recorded therein, transfer it to any other Collector, and upon such transfer, unless some special directions are given in the order, the Collector to whom the case is transferred may hear and dispose of the case from the stage at which it was transferred, or the case may be heard and disposed of by him de novo.] [Sub-section (12) was added by Maharashtra 25 of 1977, Section 2.]
