(1) Where any permission to undertake any activityin the flood‘plain has been refused to any person or where as result of the prio-hibition or restriction impOsed on any person under this Act, such person suffers any damage he shall be entitled to the payment ofcompensation not exceeding the difference between the value of the land as determined under section 23 or section 24 of the Land AcquisationAct, iSi-i‘4’ and the value which it would have had the permission forcarrying on any activity had been granted or the prohibition orrestriction had not been imposed. .v
(2) In determining the amount of compensation under sub-section(l)any restriction to which the land is subjected to under any otherlaw for the time-bemg in force in regard to the right of the personclaiming compensation to carry on any activity on the land or otherwiseto the 3.158 of land shall be taken into consideration. '
18. ,(1) The person to Whom the compensation under section 17’is to be paid and the apportionment of such amount among the personsinterested therein shall be determined by agreement between the FloodZoning Authority and the person ‘or persons claiming interest therein. .
(2) In default of any such agreement, the Flood Zoning Authority ‘shall, after hoidmg such inquiry as it considers necessary, make anaward detetmining :—
(a) The amount. Of Compensation to be paid under section.17., 7 b) The apportionment, if any, of such compensation among persons known to be interested therein.
rovided that Where the amount of compensation exceeds ten usand rupees, no award shall be made without the previous approval ' e Government or Such other officer as the Government may orise in this behalf.
J9, (1) No compensation sha11 be awarded:
" (a) if and in so far as the 1and is subject to substantially similar restriction in force under some other law in force on the date on which the restrictions were imposed by or under this Act ; or: '
(b) If compensation in respect of the same restrictions imposed by or under this Act or substantially similar restrictions .in force under. some other law has already been paid in resPect of the land to the Claiment or any predecessox—in interest of the claim; or ,
(c) for removal of any encroachment ;
‘ (2) If any person has, without lawful authority undertaken any __1vity, any increase in the value of land from such activity shall not aken into account in estimating the vaiue of iand, \ '0 {1) Any person aggrieved by the award of the Flood Zoning "thc rity under sub—section {2) of section 18 hey, by an application in nting, apply to the Government or such othero fficer’ an the ’ emment may authorise in this behalf. ‘ ; rm and in such manner as may be prescribed and shal1be made thin fortyfive days from the date of communication of the award.
(3) The application'under this section shall be disposed of in such a manner” as may be, prescribed.
_‘ 21. (1) The Government or such other authority, whfle exercising powers under section 20, shall bedeemed to be a Civil Court der section 141 of the Code of Civii Procedure, 1908 and shall Ve the powers of Civil Court under Civil Procedure Code (Central 5 of 1908).
. . (2) The scOpe of inquiry shall be restricted to the consigtggcratxon of the matter referred to the Government or such other ofiiccn ii ‘ the Government may authorise in this behalf.
122; The decision under section 21 shall be enforceable as a decree iOf civil court. ' '
23. On the determination of the compensation under suh-section {(1)01' section 18 or on the making of an award under sub—section (2) 139'" aetion 18 or if an “application is made under section 20 against
(2) An application under sub-section (1) shall be made in such' Compensation not adnnss'iblc.
Application against award.
\ Procedure and powers of authorities in deciding applicafiem under Sec. 20.
Decision enforceable u ‘ decree of civil court.
Payment under award.
8 such aWard after decision of the anthority, the compensation shaii’fi be paid by Flood Zoning Authority and the provisions of sections???
31 to 35 (both inclusive) of the Land Acquisition Act, 1894 (Central Actf 1 of 1894).shal-1 apply to such payment. '
CHAPTER—VII .» POWER TO REMOVE OBSTRUCTIONS AFTER PROHIBITION POWer to, 24. (l) The Flood Zoning Authority may, in accordance with remove the provisions of this Act, within such time as may be specified, obstructions. direct any owner or occupier of iand to do any act or to remove any unauthorised obstruction within such time as may be specified by it and such owner or occupier shall do such act or remove the obstniction. '
(2) If the owner or occupier fails to comply with the order of the '2 Flood Zoning Authority Within the time Specified under sub—section (1), the Flood Zoning Authority may cause the act to be performed or 1 cause the obstruction to be removed.
(3) A11 expenses incurred by the Fleod Zoning Authority under this section shall be recovered from such owner or occupier as .
arrears of land revenue; '
CHAPTER— VIII MISCELLANEOUS preventing 25. Any persen who prevents the Flood _Zom‘ng Authority in dis- Flood 230nm; charging any .Act imposed on such Authority by or under this Act, V fig‘a‘fggh” shall be deemed to have committed an offence under section 186 Many Act of the Indian Penal Code (Central Act 45 of 1860).
to be ofi'enee' ‘ Flood ZOning 26. The Flood Zoning Authofity and other Ofiicers and employees Authority & authorised under this Act shall be deemed to be public servants within ggggfig themeaning of section 21 of the Indian Penal Code (Central Act 45 of servants. 1860)‘ notation of 27. (1) No suit, presecution or other legal proceeding shall lie ,actionialcen . against the Government or any authority on person exercising .any 1“ 3‘10“ mm. power or performing any duty under this Act for anything which isin good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) No. suit or other legal proceeding shall he against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this ACt or any rule or order made thereunder.
Rmvuy 28. A11 fines imposed under this Act shall be recovered in the‘ of fine. - manner provided in the Code of Criminal Procedure, 1973. (Central, Act 12 of 1973). _ j yam“, 29. A civil court shall have jurisdiction to settle, decide or deal“ mkemkt. with any question which is by orunder this Act required to be settled, “ decided or dealt with Authority by the Flood Zoning Authority or.
such other ofiicer authorised by the State Government in this behalffi 9 t; (’1) The State Government may, by notification in the official Power to e, make rules to carry out the purpose of this Act. make rules.
2) In partieular and without prejudice to the generality of faggoing provmons, such rules may provide for :—
(a) the manner in which charts and records: shall be maintained ;
(b) the form and manner in which application under section 20 shall be made and the manner in which SUCh appli— cations shall be di5poscd ofl'; ' '(c) any other matter which has to be, or may be prescribed.
(3) Every rule made under this Act shall be laid, as Soon tamay be after it is made, before the House of the State Legislature while ' in session for a .total period of fourteen days which may be prised in one session or two or more successive session and if ' are the expiry of the session immediately following the session or e successwe sessxons aforesaid, the House agrees in making any :z'fodification in the rule, or the House agrees that the rule should fiat be made, the rule shall thereafter have effect only in such mo- ”aqfied form or be of no effect, as the case may be, so, however, ’at any such modification or annulment shall be without prejudice ?o the validity of anything previously done under that rule.
Printed by the Supdt., Ptg. & Sty., Manipur at the Govt. Press, Impha1/350«Gil-9-78.