(1) As soon as may be after the date of taking poss- Compcnsatio~l essioo of the land, the Collector shall make a3 inquiry in for pariod of the prescribed magner and determine- poss8osion.
(a) in respect of any land which on tile said date was in the occupation of a tenant-
(i) the annu?! rert pavable by him ; and
(ii) the average net annual income, if any, after tlcducting the annual rc.nt payable by hi~n,derived by him tiuring the three years immediat6ly preceding the said date ; and
(b) in respect of any other land, the average net annual income, if any, without deducting any land revenue payable, derived by the owner during the three years immediately preceding the said date.
(2) There shall be payable by the Government as compensation on the completion of every twelve months from the date of taking possession until the date referred to in sub-section (2) of section 31-
(a) in respect of such land as is referred to in clause ( a ) of sub-section (I), the amount determined under subc1au.w ( i ) of that clause to the .owner and the amount determined under sub-clause (ii) thereof to the tenant ; aad 434 ~&tdlm~rovemeni schema 11959 : T.N. Act 31
(b) in respect of any other land, the amount determined under clause (b) of sub-section (1) to the owner.
Accounts. 33. The Colleotor shall maintain in such form .and in such manner a& may be prescribed,an account of all receipts and payments by the Government in respect of the land, and the owner of the land or airy other person having an iuteiest therein may, on paymen c of a fee of fifty nayc paise inspect the account.
Recovery of net 34. (1) The net expenditure incurred by the Governexpenditure inei~tonthe reclamation ofthelzndtnder the provision^ by of this Chapter or such part of that expenditure as the Government. Soil Conservation Board or the Land Improvement Board, as the case may be,may,by gencral or special order, direct, together with interesr calculated at the prescribed rate and in the prescribed manner, shall be recovered from the person to whom possession of rhe land is given by the Government under sub-section (2) of section 31.
('2) The amount to be reoavered under sub-section (1) from any pemon shall be decided by the Soil Conservatioil Board or the Land Improvement Board, as the case may be.
CHAPTER VII I.
Appeak. 35. (1) Any person aggrieved by an order awarding cornpenration under section 6 or by an order under subsection (3) of section 26 may appeal to the Board of Revenue* within such period and in such manner as may be prescribed.
(2) Any person aggrieved by an order under section 28, section 31, section 32 or sub-section (2) of section 34 may appeal to the Government within such period and in such malmer as may be prescribed.
- -- -- -. -. .--- *BY virtue. of section 10 (1) of the Tamil Nadu Board ot Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenve shall be deemed to be a reference to the State bover nment .
(3) Notwithstanding anything contained in subsection (1) or sub-sectinn (2), the Board of Revenue* or the Governi~~e~t, as the case may be, may admit an appeal perferred after the period specifikd therein, if the Board of Revc.iru.e* is or thc Government are satisfied that .tho npp~l!.;nt had sofficiei~t canse for not preferring the appeal wi!!iin that peri,od..
(4) The order of' the Board of Revenuo* or the Government, as the case may be, on such appeal and where no appeal is preferred, the order which hits not been appealed again~t, shall be final and shall not be called in question in any Court of Law.
36. If any person- Penalties.
(i) contravenes any of the provisions of a scl~ome which has come into force tender sub-section (2) of section 20, or
(ii) contravenes any of the provisions of this Act or of any rule or regulation made under this Act or any order or direction made or given under this Act or suclz rule or regulation, or
(iii) does any act which causes damage to any of the works carried out under the scheme, or
(iv) fails to fulfil any liability imposed upon him under section 22, or
(v) resists or obstructs any officer in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, such officer by or under this Act ors any such rule or regulation, he shall be punishable with fine which may extend to five hundred rupees.
* By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 ('Tamil Nadu Act 36 of 1980) any refxence to the Board of 'Revenue shall be deemed to be a r-fcrence to She State Govera.ment.
436 i,unJ Improvement Schenres [1959 : T.N. Act 31 Ar,., url! s 1[37. All amounts payable to, or recoverable by, the to be re- Government, the Board of Revenue*, the Soil C~nserva~tion covered arrears as of Board or the Land Improvement Board or any officer land of the Go~lernment under this Ast, may be recoveredrevenue.
(c) from the owner or any other person liable, as if they were arrears of land revenue due by him ;
(b) out of the land in respect of which, or for the benefit of which, any work under a scheme or the maintenance or repair of any such work has been carrie~ out, as if they wero arrears of land revenue due in respect of that land.]
Procedure 38. Any authohty having power to make an enquiry and Power under this Act shall make Ithe enquiry in the manner at enquiries. . provided in the PITamil Nadu] Revenue Enquiries Act, 1893 (2[Tamil Nadu] Act V of 1893), and shall have all the powers which are or may be vested in the revenue officers by that.'Act and by the *[Tamil Nadh] Revenue Sum~nonses Act, 1869 (a[Tamil Nadu] Act I31 of 1869,) power to 39. (1) Any person authorised in writing in this behalf enter, by the Soil Conservation Board, the Land Improvement SwveY9 Board, the Board of Revenue* or the Collector may, etc. for the purpose of exercising any power coderred on, or discharging any duty imposed upon, or performing any function entrusted to him, by or under this Act, and after giving such notice as may be prescribed to the owner, occupier or any person interested in any land, enter upoq, survey and mark out such land and do all acts necessary for such purpose..
-- I_ - l This section was substituted for the following secticn by section 3 of the Tamil Nadu Land Improvement Schemes (Amendment) Act, 1965 (Tamil Nadu Act 4 of 1965) :- " 37, Amounts to be recovered as arrears 4f land revenue.-All amounts payable to, or recoverablls by, the Government, the Board of Revenue, the Soil Conservation Board or the Land Improvem~nt Board or any officer of the Government under this Act, m;, 'be recovered as if they were arrears of land revenue . 99 2 These words were substituted for the word " Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu A.daptation of Laws (Second Amendment) Order, 1969.
* By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the 1,oard of Revenue shall be deemed to be a reference to the State Govern inent .
- - * , I , 1959 : T.N. Act 311 LandIrnprovement Schemes 437
(2) In particlrlar he may-
(a) take levels,
(b) dig or bore into the sub-soil ( c ) placc, erect or rnakc oa any land any peg or mark illcl~~ding trenches or bouildaries which he deems to be necessary, (d ) do all other acts necessary to ascertain whether tlzc land is adapted for such purposes, and
(e) where necessary, cut down and clear away ally part of the standing crop, fence or jungle :
I Provided that if any standing crop or tree is cut down, such crop or tree shall be handed over to the person entitled to such crop or tree.
(3) Where any damage or injury is caused to the land ill carrying out any operation under this section, there shall be paid compensation the amount of which shall be determined in the manner and in accordailoe with the principles hereinafter set out, that is to say-
(a) where the amount of compensation can bo fixcd by agreement, it shall be paid in acconla~ice with such agrecrncnt ;
I (b) where no such agreement can be reached, the Collector shall determine the amount of compcnsatim in accordance with the provisions of tho Land Acqt~i:;itior?
1 Act, 1894 (Central A.ct I of 1894).
1
(4) Every prsod who is appointed or al.thorired i to exercise any power, discharge any duty or perform any function by or under this Act shall, when acting or grlrporting to act in pursuance of any of the provisio12s or t h i s Act or the ru1c:s or rcgu1:tlions mads :l;.cicl .ndC~-, 5c dcemcd to 1~ rt p::blic :.(:l3vant \vithin thc i;lcz~z'nji i$ :cction 21 (:I' 1.11~ T1-2:l Brc.n::l Code (Central Act XLV cst l8GO), and cvrry pl!rso~~ who is required t o ~,~i.b!:i i!, a 1..
o~~inio11 or pnrtrcl~lar shall bc deemd to be legally hotinct to do so wit hiq the mcaqinp, d the said Corle.
438 Land Improvement Schernzs [I959 : T.N. Act 31 Continu- 40. The taking and retaining possesdon of any land ante Of 012 behalf of the C - n ~ r ~ ~ l ~ ~ n e n t under this Act shall not liability for land a&ct tho liability of any person to pay land revellue, revenue, rate or cpss in respect of such land for any period, whethbr rates and bbfore or after the date of taking possession.
cesses.
Registrat- 41. (I) Nothing in the Indian Registration Act, 1908 ion ~f(Centr.al Act XVI of 1908) shall be deemed to require document tho rogiatra,t.tion of any record, document, plan or map or map not required. prepared, . . made or sanctioned in connection with a scheme i ~ ! ~ i c k has come into form and ally such record, dccl meilt.
l.?::l or 'map shall, for the purposes of sections 48, 49 L and 50 of that Act, be deemed to have been duly registered in accordance with the provisions of that Act.
(2) Subject to such rules and to the previolls payment of such fees as may be prescribed-
(a) all such records, documents, plans and maps snail be open to the inspection of any person appljing for such inspection ; and
(b) cople.; of such records, documents, plans and maps and accounts maintained under section 33 shall be given to any person applying for such copies.
Delegation of POWGSS.