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Section 44

The Tamil Nadu Land Improvement Schemes Act, 1959State Act of Tamil Nadu · Act 31 of 1959

(1) The Government may, l[ **I, make rules Power t o for the purpose of carrying into effect the provisions of this "b f Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :--

(a) all matters allowed or required by this Act to be prescribed ;

(b) the manner in which the rights or liabilities shown in the statement prepared under section 25 sha?l be entered in the record of rights or village record;

(c) the time within which any amount recoverable under sub-section (3) of section 22 or sub-section (2) of section 26 or sub-section (1) of section 34 shall be payable and the time within which and the authority or officer to whom any option exercised in pursuance of su.bsection (3) of section 22 shall be intimated;

(d ) the manner of giving ilotices under this A d ;

(e) the procedure to bc adopted for thc assess- 111cnt of the cost ;

-- - -." -- IThe words " by notification " were omitted by section 4 ( I ) 01 t i ~ c Ta~nil Nadu Land Improveme~~t Schemes (Amendment) Act, 1965 (Tamil Nadu Act 4 of 1965).

* ':3y vim tue of scction 10 (1) of the Tamil Nadu Board of Rever~ur:

AboIition Act, 1980 (Tatnil Nadu Act 36 of 1980) any reference to t l~c Board of Jtevcnqe shall be dcemcd to be a reference to the State Goyernmellt. 1 440 Land Improveinent Schemes [I959 : T.N. Act 31

(j) the conditions subject to which the pruning and felling of shade trees in. coffee and tea estates may be permitted :

(g) the manner of furnishing a copy of the scheme to the pi,l~chayat concerned and the manner of giving publicity to s ~ c h scheme ;

(11) the procedure to be adopted for carrying o~rt the purposes of section 43.

Ibwer to 45. The Collector or any officer au thorised by the make, grant or Collector in this behalf may make a grant or advance a advance loe!~ ro any person for carrying out any work under ally loan. schcmc on such terms and conditions as may be prescribed.

Bar certain Of 46. (1) No suit or other proceeding shall lie against suits, pro- tlie G~vernmvnt for any act done or p~!rporting to be done secutions, under this Act or any rule madc tlicrcunder.

etc.

(2) No a u i l , prosecution or ot.hcr proccediiig shall lie aguinbl any officar or servant of tllc Government or zny public serv;:ilt for any act done or p!:yorting to bc done uilder t h i s Act or any rulc c;r rcguletion made thereunder, w: tho::'; t l x prcv'ots s a 4 ~ : u u ur the Government.

(3) N I officer or servant of the Government, and no p:\bl;c r.ervant shall be li.C.ie in rcspcct of any s ~ c h act in civil or crin?inal procccdi~zg ;f tllc act w3.s done in go:A faith and in the course of the exerci:c of the power:; conferred, the discharge of thc duties in~posed or thc gcrf~imance of the functions entruc.ted, by or rrilder this R ct or the rules or regulations made there-rnder.

1 'T'hc following sub-section (3) was olnittcd by section 4 (2) of the Tzrxil Nadu Land Improvement Schemes (Amendmcnl) Acr, 1965 (Tamil Nadu Act 4 of 19G5) :- " (3 ) A11 rrilcs ninde arid all nntificatic~ls issued unc!er this Act sh;ill, :is soon :is possible, after ttlcy are lnadc or issued, I?e placed 3n the table of both the Houses of thc 1-egislature a id sh..ril bc subject to such nixliiications by way of an~endment or repeal as the Legisla turc may make cither in the same session or in the next sessioil."

$

47. 1(') If any di.iScu1-ty a r i w in @%g efitrx io r;l; T5wzr tr provisions of this Act, the Government may, as occasion zz!$tia may require, by order, do anything which appears to I them to be necessary for the purpose of removing the difficulty.

Rules, 3[47-A. (1) All rules mado under this Act shall bc notifications and published in the *Fort St. George Gazef te and unless they orders to are expressed to come i~l~to forcc ' on a particular day, shall come into force on the day on which they art. so bzfore published.

(2) Every ruic made or notification issv.ed ~tnder this Act and every order mncl~ under section 47 shall, as soot1 3s possible, after it is mnde or issued, be placcd on the :,:$blc of both Ho~~ses of the Legislature and. if, before the expiry of the session in which it is so placed, or the next session, both Hov.scs agree in making any nodification in any such rub, notification or order or both Ho~tses agree tht~t the rule, notification or order slio~tld not be made, the rule, notification or order shall thereafter have effect only in such modified form or be of no effect, as t':e case may be, so howevel: that any such modificz'inn or annulment slznll be without prejudice to the validity of anything previously done under that r~ilc, notification or order.]

The brackets and figure " (1) " were omitted by scction 5 (1) of tiis Tamil Nadu Land Tn?provemel~ t Schemes (Amsndmcnr) Act, 1965 (Tamil hTadu Act 4 of 1965).

:: The followii~g sub-section was omitted by section 5 (2), ibid.

" ((2 All ordcrs made under sub-qection (1) shall, as soon as gossiblc after they are made, be placed on the table of both tho i-louses of the Legislature and shall be subject to such rnodificatiorls by way of anendment or repeal as the Legislature may make either in the same session or in the next session. " Legislature.

T h i s section was inserted by section 6, ibict.

* Now the Tamil Nadu Governnlent Gazette.

tand~mprovementSche~es t1959: T.N. Act 3P 1 Saving of 48. Save as otherwise provided in this Act , the provisions laws* of this Act shall be in addition to, and not in derogation of, any other law for the time being in force regulating any of the matters dealt with in this Act, &peals and 49.(1) The Madras Land Improvement Schemes (Contour savings. Bunding aud Contour Trenching) Act, 1949 (Madras Act XXII ot 1949), and the Travancore-Cochin Land Development Act, 1950 (Travancore-Cocliin Act XXXVI of 1950), in so far as the latter Act applics to, and is in force in, the t-vsferred territory, are hereby repealed.

(2) Notwithstanding such repeal, any appointment, rule, order, notification or scheme made, issued or sanctioned under either of the Acts mentioned in sub-section (1) and in force on the date on which this Act comes into force, shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or sanctioned under the provisions of this Act, unless and until it is superseded by any appointment, rule, order, notification or scheme made, issued or 'sanctioned under this Act.

(3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in sections 8 and 18 of the *[Tamil Nadu] General Clauses Act, 1891, ( v a m i l Nadu] Act I of 1891), which shall also apply to the repeal of the Travancore-Cochin Land Development Act, 195Q (Travancore-Cochin Act XXXVI of 1950), as if the latter Acr had been a 2[Tamil Nadu Act]. ,

(4) For the purpose of facilitating the application of this Act io the transferred territory, any court or other authority riay construe this Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

(5) Any reference in any law which continues to be in force in the transferred territory aftel the commencement f : These words were substituted for the word c'~adras" by the Tam! Nadu Adaptation of Laws Order, 1 969, as amended by 'the Tad1 Nadu Adaptation of Laws (Second Amendment) ~ r d ~ r , 19696 ' This expression was substituted for the expression 'L Madras Act " by paragraph 3 (2) of the Tamil Nadu Adaptation of Laws Order, 1970.

i - * - - - 4 .

f . . r *p* :,= * '&=-&j,gC rj-=/ ,"*j- -& h; - - - - --- - - -- fiA,?- 2 y y j 'I y?. -2,:- * ,- ~ ~ ~ , ~ . a ; ~ * : - - &% X3!3q-bd; -2. - =-2 - -;.1.

in 'relation Lo tfia1 t f ;~ l inuq *& 2 ;--- -- -- --- - - 7'w - to this Act.

1

(6) Any rol'~roncc in this Act to a law which is not 111 I;)~:cu ill t i lo tl-:ulsfel.rccl tcrritory shall, in relation to IJI:LI L~rrjf,oj-y, I](: ~ ) ~ ~ ; t r u e d a reference to the corres- I,',fi(jfrcy law, j i ally, t i1 icfr~.: in rhnt territory.

Explanation.-For the purpose of this section, the expression '' transferred territory " shall mean the Kanyakumari district and the Shencottah taluk of the Tirunefveli District.

Where this provision sits

ActThe Tamil Nadu Land Improvement Schemes Act, 1959
Section44
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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