MINISTRY of HoaiE AFFAIRS NOTIFICATION New Delhi, the 3Qlli August, 1961 G.S.R. 1093.-—In oxereise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1050), the Central Government hereby extends to the Union terri tory of Manipur the Madhya Pradesh Land Improvement Schemes Act, 1957 (Madhya Pradesh Act No. 10' of 1958), as at present In force in the State of Madhya Pradesh, subject to the following modifications, namely: — MODIFICATIONS.
A—General Whenever an expression mentioned in column 1 of the Table below occurs in the Act, then, unless that expression is by this Notification directed to be other wise modified, or to stand un-modified, or to be omitted, there shall be substituted therefor the expression set opposite to it in column 2 of the said Table, and there shall also be made in any sentence in which that expression occurs such conse quential amendments as the rules at grammar may require.
TABLE 2 State Government Chief Commissioner Madhya Pradesh (except where Manipur it occurs in the short title, the long title and the preamble).
Commissioner, Chief Commissioner.
District Committee(s) Committee(s) Collector. Sub-Divisional Officer.
E—Special
1. In section 1, for sub-section CI), [he following sub-section shall be sub stituted, namely:— "(2) It extends ta the -whole of the Union terri tory of Manipur."
2. In section 2,
(i) for clauses (2) and (3), the following clauses shall he substituted, namely:-- "(:>) 'Chief Commissioner1 means Ifie Chief Commissioner of Manipur;
£8) 'Committee' means the Sub Division Land Improvement Committee constituted uii..i .•• ion LI;"
(11) for clause (§.)., the following cljffi&S -;ball be .-ino-itih.ited:— "(S3 "Gazette" mean-1 v . trilpur G;i-..J.- (iu> in d r i u ^ <:!), for We • - >, fitment". :. .: "Govarxi- :hall be substituted:
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(iv) after clause (11), the following clause shall be inserted, namely:— (11A) "Sub-Divisional Officer" means the Sub-Divisional Officer of the division and includes any officer appointed by the Chief Comu.±osioner to perform al! or any of the Xunctions of a sub-divisional officer under this Act;"
3- In section 3,
(i) in sub-section (1). for the words "for the State", the words "for the Union territory of Manipur" shall be substituted; and
(ii) for sub-section (3), the following sub-section shall be substituted, namely:— "(3) The Board shall consist of—
(a) the Deputy Commissioner who shall be the Chairman ex-officio;
(b) all members oi£ Parl iament from the Union Terri tory of Manipur;
(c) the Chairman, Manipur Territorial Council;
(d) the Finance Secretary, Manipur Administration;
(e) the Principal Engineering Officer for Irrigation of the Public Works Department, Manipur;
(f) the Head of the Forest Department. Manipur;
(g) the Head of the Agriculture Department, Manipur; and
(h) Not less than 3 and not more than 6 persons to be nominated by the Chief Commissioner."
r <iii) in sub-section (4). for the words "The Secretary to Government in the Agriculture Department", the words "The Secretary to the Manipur Administra tion in the Agriculture Department" shall be substituted;
(iv) for sub-sect! on (3), the following sub-section shall be substituted, namely:—• "(6) A member referred to in clause (b) or clause (c) of sub-section (3) shall continue in office so long as he continues to be a member of Parliament or as the case may be, the CfTairman of the Territorist Council; and the term of office of the members referred to in clause
(h) of that sub-section shall be five years," <£. In section 11(1),— (I) for the words "the Board shall constitute a Committee", the words "the Ueputy Commissioner shall constitute a Committee" shall be substituted and ior me word "District" the word "Sub-Division" shall be substituted;
fiil in clause (ii), for the words "State Government", the word "Government", shall be substituted.
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3. In section 12, for the word "district" wherever it occurs, the words "sub division" shall be substituted.
3. In section 15.
(i) in sub-section (2) iov the word "district", the words "sub-division" .sfeegJ b.a substituted.
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(ii) in sub-section (3), clause (e), for the words "State Government", the d "Government" shall be substituted,
7. In clause (a) of sub-section (2) of section 16, the words "the Collector or" shall be omitted and for the word "Tahsildar", the words "Sub-Deputy Collector" shall be substituted.
8. In section 18(2), in clause (a) of the proviso, for the words "State Govern ment , the word 'Government" shall be substituted,
9. In sub-section (5) of section 20 for the words "Department of the Govern ment ' the words "Department of the Manipur Administration" shall be substi tuted.
10. In section ^0, for the words "eight annas", the words "fifty nave paise" shall be substituted.
11. In section 35,—
(i) in sub-section (1), for the expression beginning with "in the manner pro vided" and ending with "under this Act", the following shall be substituted, namely: —• 'in the manner provided—
(a) in the Assam Land and Revenue Regulation, 183(3 as extended to the Union terri tory of Manipur, if the inquiry is in relation to land situated in the hill areas of that terri tory;
(b) in the Manipur Land Revenue and Land Reforms Act, I960 and the rules made thereunder, in other cases.
Explanation.-—In this section, "Hill areas" has the meaning assigned to it in clause (j) of section 2 of the Manipur Land Revenue and Land Reforms Act, I960.';
(ii) in sub-section (2), for the words "said Code", the words "said Regulation or, as the case may be, the said Act" shall be substituted.
12. In section 40, sub-section (4) shall be omitted.
13. Section 44 shall be omitted.
ANNEXUBB.
THE MADHYA PRADESH LAND IMPROVEMENT SCHEMES ACT 1057 AS EXTENDED TO THE UNION TERRITORY OP MANIPUR MADI-IYA PRADESH ACT No. 10 or 1953 An Act to provide for the preparation and execution of land improvement schemes including schemes for the conservation and improvement of soil resources, the prevention or mitigation of soil erosion the protection of land against damage by floods or drought, and the reclamation of waste land in Madhya Pradesh.
Bo it enacted by the Madhya Pradesh Legislature in the Eighth Year oC the Republic of India as follows: —
CHAPTER I—PRELIMINARY
1. Short title, extent and commencement.—(I) This Act may be cited as the Madhya Pradesh Land Improvement Schemes Act, 1C57.
(2) It extends to the whole of the Union terr i tory of Manipur.
(3) It shall come into force on such date as the Chief Commissioner may, by notification, appoint.
2. Definitions,-— la this Act, unless the context otherwise requires,—
(1) "Board" means the Manipur Land Improvement Board constituted under section 3;
(2) "Chief Commissioner ' means the Chief Commissioner of Manipur;
(3) ' 'Committee" means the '.Sub-Division Land Improvement Committee - constituted under section 11;
(4) "'rrosion'' means the removal or displacement of earth, stones or other materials by the action of wind or water;
(5) '-Executive Officer" means an officer appointed under section 19 to execute a scheme;
(6) "Gazette" means the Manipur Gazette;
4 il) "Inquiry Officer" means an officer appointed by the Board under sect^iu 15; mmm <8) "owner", in relation to any land, means the person who is, or would, but for a grant, be liable, to pay land revenue or r e a ^ S , respect of such land to the Government and includes a mortgagee with possession;
(9) "prescribed7 ' means prescribed by rules made under this Act;
(10; -'reclamation" includes cultivation, afforestation or any other improve ment of land;
(11) "scheme" means a land improvement scheme prepared under this Act;
( I t A ) ' 'Sub-Divisional Officer" means the Sub-Divisional Officer of the sub division and includes any officer appointed by the Chief Commissioner to perform all or any of the functions of a sub-divisional officer under this Act;
f 12) "waste-land" means any land lying waste oh account, of water logging, salinity, accumulation of sand, growth of woods, soil erosion or any other cause or lying uncultivated for not less than three consecutive years ;
U3) "work" means any work of public utility constructed, erected or carried out under a scheme and includes a pasture or forest provided or raised under a scheme; and
(14) the expressions "cattle", "forest produce", "timber" and " t ree" have the meanings respectively assigned to them in the Indian Forest Act, 1927 (XVI of 1927).
CHAPTER II.—NOTIFICATION OF AKEAS AND CONTROL OVER THEM.
3. ?Jo£iiicatio:a of areas.—Wherever it appears to the Chief Commissioner that ii is desirable to provide a land improvement scheme for any area, the Chief Commissioner may, by notification in the Gazette, declare the area to be a notified urea for the purposes of this Act.
4. Power to regulate, restrict or prohibit eertssa mat te r within notified areas.— in respect ol any notified area Or par t thereof, the Chief Commissioner may, by urder publish in the Gazette, regulate, restrict, or prohibit—
(a) the clearing or breaking up of land for cultivation or the cultivaticSh of land;
(b) the quarrying of stone or the burning of lime;
(c) the cutting of trees and t imber or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause
(b), or any forest produce for any purpose;
(d) the setting on Are of trees, timber or forest-produce;
(e) the admission, herding, pasturing, or retention of cattle or class or description of cattle; and ,{f) the grant of permits to the inhabitants of towns and villages situated within the limits or in the vicinity of the area specified in the order- -
(i) to take any tree, timber, or forest-produce for their own use, or
(ii) to pasture cattle, or
(iii) to erect buildings hi such areas, and the production and re turn of such permits by such persons.
o. JFToalairtntlon of OKICE uncT.&i* section 4 oj! adinisfjion <»I claims for compensa tion.-—(1) Upon the publication of an order under section 4, the Sub-Divisional Officer shall cause to be published by beat o:c drum and in such other manner, as may be prescribed, in every village or town in which any par t of the area specified in 'such order is situated, a proclamation in the language of the locality as pro vided in sub-section (2).
(.2) The proclamation referred to m sub-section (1) shall contain the te. ;s it the order and shall also require every person claiming any compensation in respect of any right, the exercise of which is restricted or prohibited by the irder. to prefer his claim to the Sub-Divisional Officer with such particulars and within such period, not less than fifteen days, as may be prescribed.
(3) Any claim not preferred within the prescribed period shall he rejected:
Provided that the 3ub-Divi>innaI Office:' may admit a claim after such period :i he is satisfied that the claimant had sufficient cause for not preferring the claim within such ueriod.
- G . Inquiries into claims and determination of compensation.—<l) The oub- Divisional Officer shall proceed to inquire in the prescribed manner into every claim admitted under section 5 (V of L9U3).
(2) For the purposes of such inquiry, the Sub-Divisional Officer may exercise all or any of the powers o± civil court for the trial of suits under the Coae of Civil
(3) The Sub-Divisional Officer shall after such inquiry pass a n order in writing with respect IO each such claim setting out therein the following par t icular^
(i) the person making the claim, (iij the nature and extent of the r ight claimed,
(hi) the extent to which, the claim is upheld,
(iv) the amount of compensation determined and the persons to whom it is payable.
(4) The Sub-Divisional Officer shall give notice in the prescribed manner of his order to claimants or their representatives and to persons to whom comnensation is payable.
7. Method of awarding compensation.—(1) In determining the amount of com pensation, the Sub-Divisional Officer shall be guided, so far as may be bv top provisions of sections 23 and 24 of the Land Acquisition Act, LWD4 (1 of 1894) and as regards matters which cannot be dealt with under these provisions bv what is just and reasonable in the circumstances of each case.
(2) The Sub-Divisional Officer may, wi th the sanction of Hie Chief Com missioner and the consent of the person entitled, instead of money order pay ment of compensation in the shape of land or by reduction of revenue or"in any other form. J
(3) If in any case the exercise of any right is prohibited or restricted for a time only, compensation shall be determined only in respect of the period during which the exercise of such right is so prohibited or restricted.
CHAPTER III.—CONSTITUTION OF THE BOARD AND COMMITTEES.
3. Incorporation and constitution of Board.— (L) The Chief Commissioner may for the purpose of carrying out the provisions of this Act, constitute for the union territory of Manipur, a Board called the Manipur Land Improvement Board.
(2) The Board shall be a body corporate having perpetual succession and common seal with power to acquire property both movable and immovable and shall by the said name sue and be sued.
(3) The Board shall consist of—
(a) the Deputy Commissioner who shall be the Chairman ex-offtclo;
(b) all members of Parl iament from the Union Terri tory of Manipur;
(c) the Chairman, Manipur Terri torial Council;
(d) the Finance Secretary, Manipttr Administration;
(e) the Principal Engineering Officer for Irrigation of the Public Works Department, Manipur;
(f) the Head of the Forest Department. iVianipur;
<g) the Head of the Agricultural Department , Manipur ; and
(h) not less than 3 and not moivj than R persons to be nominated by the Chief Commissioner.
(4) The Secretary to the Manipur Administrutinn in the Agriculture Depart ment or such other officer, as may be nominated by the Chief Commissioner in "' s behalf, shall be the Secretary to the Board,
(5) The Chief Commissioner i am time to time, on the advice of the Soard appoint any other person to be a member of the Board for such period as the Chief Commissioner thinks fit.
(6) A member referred to in clause (b) or clause (c) of sub-section (31 shall continue in office so long as he continues to be a member of Parl iament or as tbS case may be, the Chairman of the rerr i tor lal Council; and the term of office of the members referred to in clause (h) of that sub-section shall be tlve years f?) If tlv jre is a difference of opinion amongst the members of the EoqrjJ' regardiag any question under this Act, decision of the majority of the members^ •resent shall prevail;
Provided that when their opinion is equally divided, the Chairman shall have a casting vote.
(8) A non-official member may, at any* time by notice in writing to the Chairman, resign his office.
ffl) All communications and orders of the Board shall be issued by the Secre tary or by such officer subordinate to him as may be authorised by the Board m this behalf.
P r o w e r of the Chief Commissioner to require tho Board to prepare a scheme — (1) The Chief Commissioner may, by order, direct the Board to prepare s scheme, together with plans and estimates therefor, in respect of any notified area or par t thereof.
J2) If the owners of not less than seventy-five per cent of land in any area :ujpiv to the Chief Commissioner for providing a scheme for such area, and give wn undertaking in writing for depositing the estimated cost thereof in advance, ma Chief Commissioner shall, by order, direct the Board to prepare a scheme accordingly together with plans and estimates therefor.
10. Functions of Board.—The functions of the Board shall b e ta) to direct either at its own instance or on the order of the Chief Com missioner under section 9, the preparation by the Committees of schemes within their respective jurisdiction:
(b) to consider and approve the scheme prepared by Committees;
(c) to devise ways and means for the execution of the schemes approved by it; and . . . . . - ^ ^ ^ j ^ , fd) to perform such other functions a a may be specified in this Act or in the rules made thereunder .
11. Constitution of Suii-Division Committees.—(1) As soon as may be, after the issue of a direction under gactioB 9, the Deputy Commissioner shall constipate « Committee called the Sub-Division Land improvement Committee consisting nf—
(i) the Sub-Divisional Officer;
(ii) an officer of the Government, other than the Sub-Divisional Officer, to be called the Land Improvement Officer;
<iii) a person nominated by the Board from amongst persons whose interests in the opinion of the Board may be affected by the proposed scheme;
and
(iv) a person having special knowledge of the subject mat te r of the scheme.
(2) The Sub-Divisional Officer shall preside over the meetings of the Com mittee. i ( -ii &&amm
(3) The Land Improvement Officer shall be ex-ofificio Secretary to the Com mittee.
12. Fmiciiciis of Committee.—The functions of the Committee shall be—
(a) to make recommend a Lions to the Board as to the area in the Sub division for which schemes may be prepared;
(b) to prepare schemes for areas in the sub-division;
(c) to perform such other functions pertaining to land improvement as may be specified in this Act or in the rules made thereunder; and ••
(d) to carry out the instructions issued by the Board from time to time' under the provisions of this Act.
i§. herniations.—The Board may, from time to time, with the previous sanction of the Chief Commissioner, make regulations consistent with this Act and any rules m-ddv thereunder—
(a) for regulating Its procedure and (fie disposal of Its business;
C'b) for the remuneration and conditions of service of its employees;
(c) for regulating the procedure, disposal of business, the term of office a S t t e S ; ^ v a c a n c i e s i n t h e office of members of Com C d ) ^Sft^18***** f G r o b t a i n i n § ^bs ld ie s , loans or advances C e ) £ ° L h f l , ^ ? f i n a t t C L ' a r i s l l H ' U U t & ^ o a M ' s function under this Act for which it is necessary or expedient to make regulations.
CHAPTER IV.—PREPARATION OF LAND IMPROVEMENT SCHEMES L4. Matters which schftme may provide.—A scheme made; under this Aft K M provide for all or any of the following matters, n a m e ™ . y
(i) prevention of erosion of soil;
(ii) preservation and improvement of soil;
(Hi) reclamation of waste, saline or water-logged land;
(iv) improvement in the methods of cultivation and extension of cultiva t e construction of earth and masonry works in fields, gullies and ravines-
(vi) t ra ining of streams;
(vii) prohibition or control of grazing or reservation of land for pas ture '
(vm) planting, and preservation of trees, shrubs and grasses for afl'orestinR S r C ^ y £ o ^ e ; " p U r P o S ^ O V l d i L l f f £ h e U - b ^ * * * * * wind or fflfg
(ix) regulation or prohibition of firing of vegetation;
(x) improvement of water-supply;
(xi) consolidation of the holdings of cultivators of an area for the better use
(xii) any other matter which may be prescribed.
15. Power to direct preparation of soil conservation scheme.—{1} On receipt 8 L * & £ £ 2 t & ° * * t h * C h i e f C o m ? i s s i o n e r under section 9, the Board shall d S t the Committee to prepare a scheme for the area specified in the order ^J?!1?!^'3^1 9?J?V *mM a Sub-division other than an area to which -iub~ seetipa (1.) applies, the Board may, if satisfied, whether on the reenmmen lation t i n of a ° X m e °L' ° t t e w l ^ * * U [s m***? to do so. direct t ™ " S j a S - *uJP ° n -ilr i s s u % . o £ a ? y direction, under sub-sections ( I) and (2), the Board shal l , appoint an officer to prepare, in accordance with such ins ruct ons as it may issue a draft scheme setting out— ^ ^ - u u i u i i h as iL
(a) the objects of the scheme:
(b), the boundaries and approximate area of the lands to be included in the scheme; LU •'
(c) the persons, including the Government, who will he affected bv the scheme;
(d) the works, if any, to be canned out under the scheme;
(e) Lhe^igcncy or agencies through which the work shall be carried out;
(f) such other particulars as may bo prescribed.
<4) The draft scheme so prepared ali (] be submitted bv the said officer to the Committee which shall orr/axd it with its comments to the B o a r d [ t h e Boaxl prepare or cause-to he prepared ahothei d&tt wheme.
. sub-divWoo in ivhich the b n , g j u ^ , VI S S H S S S »ra situated. a t such places as tl divisional OfflcS i i w d i rec t * 8 (i, ^ General notice shall be published in the Gazette and also in such news papers, if any, circulating in the locality as the Sub-Divisional Officer may drre--
(a) intimating that the draft scheme has been prepared, that copies the havebecn kept and may be inspected by the public, free of charge a.
the places aforesaid and that copies of the draft scheme, may be obtained on oayment of the cost thereof, which shall be specified in the norice, from the Sub-Divisional Officer or Sub:Depiity Collector and also from any other officer specified in the notice;
(b) requiring all persons affected by tha draft scheme who wish to object to it or to anv part thereof, to submit their objections in writing to the Inquiry Officer appointed by the Board in that behalf or to appear before him and state their objections, within thirty days of the publication of the notice.
13) Separate notices to the same effect shall also he served in the prescribed manner on al owners of the lands affected by the draft scheme and on all persons S i in the village records as interested in such lands, so far as such service may be practicable.
17 InqutTv Office* to consider objections and submit report to Committee — The Inquiry Officer shall inquire into the objections received or recorded bj him aid submit them to the Committee together with his report thereon and hib recommendations, if any, for the modification of the dralt scheme.
11 p»™r a? Tsoard to ^auction or reject draft Scheme—(1) After considering the JojectTons ^ urther r S t which the Committee may .require from him, the Committee shall forward the draft scheme to the Board with its comments.
t9\ ThP Board mav sanction the draft scheme with or without modifications or may reject it; and %SS that in lieu thereof a fresh draft scheme be prepared and submitted for its sanction:
Provided that it shall submit the draft scheme to the Chief Commissioner for ' f S where the owners of more than fifty per cent of the area of the land C included in the draft scheme other than Government lands have madp objections to the draft scheme or part thereof; or ^
(h) where the draft scheme has been prepared in pursuance of an order of the Chief Commissioner under section $ tm mh*re i draft scheme is submitted to the Chief Commissioner under sub- . e c t S n T S he may s S ? n the draft scheme with or without modifications or may "eject it and "direct that a fresh scheme be prepared and submitted for his sanction.
(M The scheme as sanctioned by the Board or the Chief Commissioner as the ( i - J V . S i be published in the Gazette and copies thereof shall be made as the Sub-Divisional Officer may direct.
(5) The scheme shall come into force and shall have effectas if it was enacted in this Act on and from the date of its publication in the Gazette.
em TI 1 P Bftsrd mav for the purpose of carrying out the objects of the scheme uJfi te£JrlnS%Sr%Ut sub-section (5), make regulations requiring any which has come mm MTOB. JW . „ a n e r a n v to take certain action or to refrain from ^ ^ & S S & V S S ^ U ^ S ^ ^ ^PPlementary and incidental to the Fcheme.
CHAPTEH V*.—EXECUTION OF THE SCHEME ,.„ «-„*,,*—«* of E^cectivc Offices.— When a scheme comes into force, the EoaS S S B w S S S an X 7 5 B 1 3 the Executive Officer, to execute it.
m. Power to « « » « f - ^ ^ l l f ^ ^ ^ S t ' w S / S i S S ^ S & £ f £ S i e ? £ ? ^ J & V & Z J t fc the cost or part of the cost of the owner.
m Tf ffie nwner of the land included in the scheme desires to carry out hin> part of the cost of the owner, he shall give notice in wri t ing to that effect to the Committee within thirty days of the publication of the scheme in the Gazette er_ sub-section (5) of section 18, or in the village concerned whichever is
(3) On receipt of such notice, Llie Committee shall inform the owner of the works which are to be carried out in his land and fix a date before which the • owner shall, carry out the works.
(4) If such owner fails to carry out any such work to the satisfaction of the Committee before the date fixed or within such further t ime as may be allowed by that Committee or at any t ime intimates to the Committee in wri t ing his inability to do so, the Committee may require the Executive Officer to carry out the work and recover the expenses incurred for the purpose from the owner, in such manner, as may be prescribed.
(5) Where the owner of the land included in a scheme is the Government , the Department of th s Manipur Administration which has the control or manage ment of such land or the Executive Officer, if so directed in this behalf by the Committee, the Board or the Chief Commissioner, shall carry out the works which the Government as the owner of the land is liable to carry out under the scheme.
21. Liability of persons other than the owner benefited by the scheme.— (1) If in consequence of any work carried out under the scheme in any land,—
(i) any person holding the subsidiary interest in such land under the owner thereof; or
(ii) any person holding interest in any other land;
is or is likely to be benefited by that work, such person shall pay such amount and within such time as the Board may determine to the owner of the land if the work is carried out by him or to the Board if the work is carried out by the Executive Officer:
Provided that before any person is required to pay any such contribution, he shall -be given a reasonable opportunity of making his representations, if any, in regard to the mat ter :
Provided further that any such contribution may be waived by the Board in whole or in par t in respect of any work carried out in land owned by it.
(2) If default is made in the payment of such contribution within the time •determined in that behalf in pursuance of sub-section (1), the Sub-Divisional Officer or any Officer authorised by him in this behalf shall recover it from the defaulter and pay the same to the owner of the land in such 'manner , as may be prescribed.
22. Power of Board to carry out works in scheme.—(1) Where by the reason of the na ture or magnitude of any work to be carried out under the scheme which has come into force under sub-section (5) of section 18; the Board is satisfied that such work is not likely to be carried out satisfactorily by the owners of land included in the scheme, then, notwithstanding anything contained in this Act, the Board may direct by notification in Lin-; Gazette that such work shall be carried out by the Board and that the cost of such work shall be recovered in whole or in pa r t from the owners oE the lands included in the scheme in such pro portion as the Board may fix, having regard to the area or assessment or both, of the lands included in the schema.
(2) The cost directed to be recovered under sub-section (1) together with interest at sugh rate as the Board may determine shall be recoverable from the owners concerned in such number of equated annual instalments payable on the date appointed for the payment of the hrst instalment of the land revenue, as may he "prescribed,
(3) The provisions of section 21 shall, so far as may be, apply to the recovery of cost directed to be recovered under sub-section f l ) ,
CHAPTER VI.—MAINTENANCE, REPAIR KNQ USE OP WORKS CARRIED OUT UNDER THE SCHEME.
23. Preparat ion of statement*— (15 The Executive Officer .dial! on completion of the work prepare a statement givi ig for any specified area the following part i - iiulars:—
(a) fil the v.- i I
(ii) the cost thereof;
10
(iii) the total amount to he recovered from the owners; mi>ll— j (iv) the general ra te per acre or per rupee of assessment per aniPH^.
at which such amount is to be recovered from the owners;
(v) the period within which such amount is to be recovered;
(vi) the work which in his opinion shall bs mainta ined and repaired.
individually or jointly and the name of every such person;
(b) if in the case of any survey number or sub-division of survey number the owner is not liable to repair or maintain works therein, or if the ' cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner or owners of such, survey numbers or sub-divisions;
(c) a map showing the work carried out in the village;
(d) such other matters as may be prescribed.
(2) When a statement is prepared under this section the Executive Officer shall send a duly authenticated copy thereof to the Sub-Divisional Officer who shall cause any rights and liabilities shown therein to be entered in the record-ofrights or where there is no record-of-rights, in such village record and in such manner as may he prescribed and it shall thereupon form par t of such recordof-rights or such village record.
24. Obligations of persons to maintain and repair works.—(1) Every person shown in the statement prepared under section 23 as liable to maintain and repair any work shall to the satisfaction of the Sub-Divisional Officer and within such time as that officer may fix, maintain and repair the work in his own land and1 in any other land in respect of which he is shown as liable in the said statement.
(2) If any person fails to mamta in or repair the work within the time i fixed by the Sub-Divisional Officer under sub-section (1), the said officer shall himself" get the work executed or repaired and recover the cost thereof from such person.
(3) Any dispute as to the amount of the expenses shall be decided by the S u b - Divisional Officer and his decision shall be final.
CHAPTER VII.—RECLAMATION OF WASTE LAND
25. Order for taking possession of waste land.—(1) If the Board is satisfied:
that for the purpose of executing any scheme of reclamation of waste land sanctioned under this Act it is necessary that temporary possession of any waste land should be taken, it may by order in writ ing direct the Sub-Divisional Officerto take temporary possession of such land on behalf of the Board on such date asmay be specified in tha t order.
(2) The order shall be made in such form, and brought to the notice of theowner or owners of the land, in such manner, as may be prescribed.
(3) On the date specified in the order, the Sub-Divisional Officer or any other officer authorised by him shall enter upon and take possession of the land on behalf of the Board.
26. Arrangement lo\- reclamation.—When the land has been taken possession of, the officer appointed by the Board for the purpose may arrange for its re clamation—
(a) by retaining it under his management for such period as he thinks fit; or
(b) by settling it for such period and on such terms as may be fixed by the "Board with the person or persons who on the date of tEtking possession under section 25 were in lawful possession of the land or were en titled to such possession or, if any such person is dead, with his successor in interest; or
(c) by combination of the methods aforesaid:
Provided that the total period for which the land is retained or settled underthis section shall not enticed ten years.
27. Claim for arrears jf rent not to be en.fo.ixed against Board, etc.—No claim of the owner to any arrear of rent accru_d or Sue in respect of the Ipnd for the period nrior fo the date of taking possession shall thereafter be enforced by a n y Court, whether in execution of a decree or oth3rwise. against the Board or against:
any person holding the land under the Board or against the land.
http://en.fo.ixed r- _8. Termination of possession on completion of reclam-ition — tn who« «,~ K r f W S S ° f & ! £"* & i n t h? ° l 3 i n i o n o f t h e Sub-DMdona Officer complete and in any case oefore the expiry of the period of ten years frnrri, t ^ ffi 1% taking possession, the Sub-Divisional Oncer shall after mlwSo S ? £ - cT?te °* prescribed manner, by order in writing*- ' m a k l *g 3D inquiry in the CaS declare that possession of the land shall be restored on such date ^ S 3 L S s P e c ^ d m the order, to the owner who on the date of taking possession was m awful possession of the land or was entitled ^n such possession or, if he is dead, to his successor in interest'
(b) determine the person to whom possession is to be so restored- (O where such person is a tenant, determine the rent payable on account of the use or occupation of the land; and account (tl> where the land or any part thereof has been afforested resulate th* cutting of trees In such land according to a working plan
(2) On the date specified in the said order, possession of the land shall hP £9*1$ aras&s'ar'by *• Boaid ,o ,he <*-** S S A ? S & ,.T J?2 2v? delivery of possession of the land to the pej-;cn determined under S n ^ i b f l ,CV u b"S f ; c t l o l \C 1 ) c s h a ! 1 b e a flnal and Ml discharge oHhe Board horn all liability m respect of such delivery, but shall not preiudfce airv rieht ^ respect of he land to which any other person may be entitled by-dueoroclss of feered m ' C e a g a m 3 t t h e ^ ' ^ X° w h o m « • * * * • ! ofthe la^dhafbeen » ,w 2 9 ' f^P^nsation for period of possession.— (J) As soon as may be after the date of taking possession of the land, the Sub-Divisional Office! shall make an inquiry m the prescribsd manner and determine— * « « « ^ m make an
(a) m^resgec|jfja^ land which on the said date was in the occupation of
(i) the annual rent payable by him, and
(ii) the average net annual income, if any, after deducting the rent ™ j » h i m daring the three years immediately preceding the
(b) in respect of any other land, the average net annual income, if any after deducting land revenue cesses and rates, if any, payable [hTsall date ° W n e r m g t h e t h r C e y e a i ' S immediately preceding «» IP *£?** f^1} he P a^ a b l e . b ^ *&*. Mmi as compensation on each anniversary Of the date of taking possession until the date referred to in sub-section (2) of fa) in res peel.of such land as is referred to in clause (a) or sub-section (!)
ine, ^ T l determined under sub-clause (i) thereof to the landlord and the amount determined under sub-clause (ii) to the tenant; and ' ( b ) ^ J l S I S e S ^ ^ ^ f e ^ ^ **»**«* * * * clause (b) «K (P F°i' ilh? l^'1130^3 °,f t h i s scction '-landlord" mnans the person under whnm tne tenant holds land and to whom, the tenant is, or but for spec al contra t would be liable to pay rent for that land, and any reference to an own™ IT. rf lord or tenant .hall be deemed to i 'lude a reference to fee p S S S ^ S successors m interest of the owner landlord or tenant. B^«aecessors and SO. Accounts.—-The Board shall maintain in such form and in accordance with SUCH piles, as may be prescribed, an account of all receipts and p a r e n t s by I S Br d m respect of the land, and the owner of th< land or ffS oerSn
3L. Receverv of net expeaulitare itnred : ) y Board,—m T 1 nditn™ . - - ; . . n by the Board on t , ai the land under the p S S i ' •• of Hua U»S*er orswcb part | '• : • nrfifure as MT Board mav :-'-" -„. , ...'.if -• P*?*1 ° ^ •• direct tnm& • • . .- I at the b r i b e d at and «i the prescribed manner. irs of land reVe S ( ^ t T e c S o T I " 1 1 * * L " " ^ d t f ! — ' b y the Bo^rd'm.Ih:;^,..
V J (2) The amount to be recovered under sub-section (1) from any person shall be ^—^decided bv the Board,
CHAPTER VIII.—MISCELLANEOUS.
prescribed:
cause from filing it m time.
M « e s a W f i a St.î .s??Ve':5t j-af ne-^s-^'or shall not be called in question in any court.
to Ave hundred rupees or with both.
C,> %t m p e r „ n contravenes^ -fulaUon made under- this Act g ^ g o r d e r or direction made or ^ ^ S j a j K S over, function or duty conferred S T S ^ ^ S S W V S t o S S f A S A i l be punishable with fine which may extend to five hundred rupees.
land revenue.
i -,„* „„,„,. a* ina a ivies.—(I) Any officer or authority empowered » ̂ -aiHaafflya^ tv- W A S rules made thereunder, in ether case..
T ,̂ . „+;„„ I'ITUI irpn^'' has the meaning assigned to it in c l a u ^ a r o f T e ^ n ft g f & P ^ S ^ S ^ ^ « * * * * Act, IMO.
(2) Any officer or a u ^ ^ r e g ^ i J ^ J ^ f ^ a i M * g * S l S l Powers of s u m m o n i n g ^ ^ S ^ & S ^ S & c & U * ^ c vested mBevenua & S l f ^ S ^ & I ^ S ^ r f a the case may be, the said Act.
3 6 ? e w of entry, survey, etc-U) Any figSSSgSg^^^S; 1 * behalf by the Board, the Conumttee oi ̂ J j * ^ l n X n o r duty conferred choose of exercising any « « r » g < g £ g f ggg ^ a s may be prescribed or imposed by or unci,' tms Act and ai^i^giv^^ ^ e n t e f ^ ^ s u r v e y & f £ « R 5 suchPlInd01ancPd^ all acts & W tor such purpose.
(2) In particular he mayfa) take levels;
;. ( f t ) cug or bore tttelj* ^ ^ ^ p e g o r m a r k including trench^, fj) d ^ B other acts necessary » ascertain whether the land is adapted lor SUCH purpose; and compMed and the lands taken , (2) wherfe otherwise ^ V ^ ^ l / m ? cut down and clear away any part S t h f f c S f i ^ t f t f o f f m ^ l ffi only to the extent .eces^y.
13 £^£i£« aawwytua ra»« * feS^^S^^^M^1^i0 3UCh scherae shal] be ****** t ,v 1 i 3 8 ; f DH 1 1?5 a^ 0"^ p t , w e ' r s ' . e t c-~T !?G C h i e f Commissioner, and subject to the contiol of the Chief Commissioner, the Board or the Sub-Divisional Officer Z elegate to any officer or authority subordinate to it or him any o> the D O w ^ functions and duties conferred and imposed on it or him by or under thisPACT .„,?fl"-PoWer *? B^ f*" ^heme in famine and scarcity area.—(11 Notwithstanding r S t i l f 8 ' n f C O n t a ^ e d I n thJS A,c t ' t h e C h i e f Commissioner may d S c t tl e pre?
t e a i ^ w h i T t ^ ' r h S V 0 1 ' ^ ° f t h 1 n ? a t t e r s s P e c i ^ d in section 13 m ?P™f£?« which the Chief Commissioner declares that a state of famine or S&^S^^v&^S^^ot the Chief Comm issioner-a=e a B S S S O t ^ S y g ^ (3) of section 15 and ^ wlfiiSl
(3) After the scheme is submitted to the Chief Commissioner for anoroval S S f J ^ f e ^ S " (2^' t h e H r °^ i s i 0 n s o f t h . i s A c t ™d t h e ^ l e s made IrerTunder shall, so far as may be, apply m respect of such scheme.
in t & f S S S L ^ "f** t}ileS;'~(}? T h e C h i e * Commissioner may, bv notification of this Act ' T * t01' t h e P U i ' P ° 5 e ° f C a r r > i n g i n t 0 e f f t ' « the provisions r ,« JS I? , Particular and without prejudice lo the generality of the foreeoln-* power, such rules may provide for fba following matters, namely:— S B
(a) all matters allowed or required by this Act to be prescribed;
(b) the manner in which the rights or liabilities shown in the statements SuSISSdf n 23 sha11 b"entered in the «w^SSff2 (di the manner ot giving notices under this Act.
H ^ * i S * i » i , 0 S B H . , p m a l t " "*£ ™".'orred by this section shall, except on the publicatfon e w a c w thereof, be subject to the condition of previous
(4) n » * r k S r t i ° ' P1* ^ ' ; L l d - ~ T h t ; tajd «t tlw Board shall consist ot such sums is the Chlet Commissioner may, from time to time, grant to th« Board to enaffeit to 14 perlorm its functions under this Act and of the sums that may be recovered by-.
the Boara under the provisions of this Act.
42 Power to make grant or advance loan.—The Board may make a grant or advance a loan .to any person for carrying out any work under any scheme, on such terms and conditions, as may be prescribed.
43 Protection of action taken under this Act.—No suit, prosecution or other proceeding shall lie against any person for anything in good faith done in pur suance of this Act or any rule made thereunder.
44. Repeal and savings.—* • l . :
£No. F. 5/6/59-Judl. II-UTL-38.]
K. % PRABHU, By. Secy.
•pT*' i i~AiGIPND—DME—1S2HA JCjtTT—•27-J-S1—330