(1) Any scheme prepared, any proceeding or zction Certain t,ken and anything done in pursnance of any agreeme171i sch"mes, etc., executed by any owner relating to soil conservation beL, e deemed to the commencement of this Act, skall, notwiths.tanding ;:ny- have been thing to the contrary in such agreerncnt, be deemed to have prepared been pregared, taken or done under this Act, by the Soii under ths Conservation Board, if such agreement relates to any Act.
river valley catchment area specified in the notification under sub-section (1) of section 13 and by the Land Improvement Board if such nzrcement rclates to any other area, and shall have effect accordingly, notwithstanding that it is inconsistent with this Act.
(2) Notwithstanding anything contained in this A d , if, after the 14th March 1956 and before the.commencemel1t of this Act, any work has been carried out or taken in hand but not completed by the Government or any officer subordinate to them, in any land included in any scheme relating to soil conservation, whether or not such work was so carried out or taken in hand in pursuance of any agreement exec-ated by the owner of such land, section 24 atid the other provision of this Act shall, so far as may be, apply to such work, as if a direction had been issued by the Government under sub-~ction (!) c.f section 24 in respect of that work.
Part 1 ~ 4 e c t i o n 2 Tamil Nadu Acts and Ordinances.
Thc following Act orlhe Tami! Nadu Legislatjvc Assrmbly received the assent of the Governor on tbc 17th February 2001 and is hereby published for general information :- ACT No. 6 OF 2001.
BE if e~rncled bv the Lcgis i~~~ivr . Asscrnbiy of the Stnte of Tamil hrarilr in he Fvty-second , Yr*~rofrl~eRrpl;li~blico~l~tlli~n.sf~ll~~:- 1 . (1) This Act may be called the Tamil Nadu Land Improvemenl Schemes shon t i t icand (Ame~tdtnchl) Atl, 200 I . cornrnenccmcnt.
(2) It shall come into force on such date a s ~ h c State Government may, by notificolion. appoint.
1 a r ~ i i l Nart~t 2. In scciion g of the TamilNadu Land Impravement Schemes Act, 1959 (hereinafter Arntndmcnr o 3 1 01. refcrrrd to as [hc principal Act),- scc~ian 8 ,
1959.
I (i] for clauses ( h ) and (bh), thr follow in^ clauses shall bc substituted, " ( b ) tlic Conln~issioner nf Land Reforms, r .~-of lc io:
.I ( h b ) the Secrclary to Government incharge of Agricultum, v.r-officio:
( I ~ t d ~ j fhe Secrcrary to Governmcnr incharge of Erlvironnlen~ and Farest, . l ' l ~ - i~ / / ! ( ' iO , 20 T A M I L NA DU GOVERNMENI ' GAZE'1"I'E EX'l'li Aoli D I N A R Y (iii] for clause (P), the following c l a ~ ~ s c shall bc ~ubs l i tur~ i l . ~ la[ t~c ly:
"(r) 111~ Cliicf E~yinecr (Agr i c i~ l~ t~n l Engincuri~~g). ivl~r) shiill bc lhc Mcmbrr-Secretary. ex-ojficio:":
(jv) in clause (g), for the' expression "a member who i s an aciive and progressive agriculturist", the expression "three members who are active and progressive agricul rurists" shall be subsritu ted;
(2) sub-section (3) shall be omitted;
(3) in sub-section (91, for the expression "Secretary", the expfession "Member- -- 'Secretary" shall be substituted.
Arncndmnt of - 3. In section 13 oft he principal Act, in sub-section (3, for clause (n), the following ~cciion 1 3 - clause shall be substitutc.d, namely:- - .
"(a) the Commissioner of Land Reforms, who shall be [he Chairman, ex-oficio;".
Subs~itu~ion o f 4. For section 14 of the principal Act, the following section shall be substii~~ted, scction 14. namely:- "1 4. Moffers which a sclrelne ~nayprovidc. -A schcme may provide for a l l or any OF the following matters, namely:- . . ,
(1) identification nfpriori ty watersheds by field survcy and by using techniques like remote sensing and by themethodology prescribed by the Land Improvement Baard or, as the case may be, by the Soi1.Conservation Board.
~x$o,rarion.--~or rhe ptlrposeof this clause,"priori~y watershcd" mcails a watershed which is subjected to severe soil erosion hazards leading to loss of valuable top soil, loss of fertility and siltarion of reservoirs, tanks down below and he watershed which should be tackled immediately to prevent further erosion and loss of top soil;
(2) measures to control soil erosion due lo waler and wind sucll 35 tllc following, namely:-
(n) construction of conlour or graded bunds (narrow base rerracc).
bench terraces bundhis with surplusing arrangement and disposal ou~lets arrarl~enlcnts for planting on earthfill surfaces;
( b ) levelling of land and improvcmcnl of soil by apptying approprlalc amendments, manures and ierlilisers;
(c ) adopti ~g appropriate farming or tillage ~ r a c ~ i r c s such as contour cultivation, srrip culr ivation, shallow or deep culr~vatioa;
(ri) growirg up quick maruring leguminous crops duril~g rainy seasot] and growing row crops w i ~ h appropriate conserva~ion tnensurcs:
(e ) retirement of any land from cul~ ivat ion i T ils co~~linuance u~ ldcr agriculture is prejudicial tc hat land or son= other land;
V) afforestalion of degraded forests and non-agl-icull~tral lands along with closures and necessary soil conservalion pmc~ices with a view lo promoling improved tree growth, from foresfs 2nd village woodlots:
(g) d ~ v e l o p r n e n t or grasslands and Illel-cum-Toddcr rcscrves ill I wastelands, con~muniiy la r~ds or Governmenl land; wilh appropriate soil co~isvrvatio~~ measltrcs such as contour dykcs and check dams;
( h ) conlrol or regula~ion of srazing, fellins or lopping oC~rtcs or clcarins of bushes;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 2 1
(i) raising of utilily trde plants on private lands, community lands or waste lands with a view to provide additional supplies of feed fodder as well as vcgerables, besides raw-materials for subsidiary industries and income therefrom such as planting of sisal, cashewnut, sasbania grandiflora, drum stick and amla;.
I 'Cj) planting and growing of trees, shrubs or grasses for providing shelter bclt or wind breaks or other protection purposes;
(ti) prevention of breaking up oC marginal and sub-marginal lands for cullivaiion purposes; and (I) controlling and establishing torrents C ~ T chose, landslides and slips roadside and cattle pakh erosion, by biologicaI and engineering measures, such as check dams, spurs, retaining walls and revetments;
(3) construc~ion of earth and masonary work! in fields, gulIies and ravines including catch water drains, whercver necessary;
(4) (n ) construction of small storage struclures including ponds at appropriate locations in private lands, conirnunlly lands or Government lands with a view to increasing s~rCace detention;
(b) construction o f depression storage in the catchment to promote greater iafil~ralion, re81uce silt4oad in channel flows and peak flows, farm, ponds and other water harvesting measures combined with erosion and gully control works;
(c) restoration of degraded Iands for better management; ,
(d) increase institulionalisation of incident rainfall by creating potential Tor providing protective and supplemental irrigation and thus increase production taking , up nalla plugging, field bundhis, tanks, erc., with a view to increase better ground water recharge and somz subsequent ulilisation for productive as well as domestic usc of water;
(5) control O F water logging and impeded drainage including development ofwatcrlogged areas into ponds, opening of drainage ditch, increasing number ofculverts and other cross drainage works for releasing larger portion of the affected area for development and utiIisation for productive management;
(6) ~cclamarion of lands subject to salinity, alkalinity, by providing appropriate drainage syslem wit3 storage. ponds, wherever necessary; applying amendments; impounding water for wshing down thc injurious salts and taking up appropriate crops t o reduce the harmful salts for increasing aggregate production;
(7) irrprovemenr orsandy soils by constructing bundhis, pIanting grasscs, shrubs and Irccs, kvelling the land, restricting the depths of cultivation, growing legun~inous crops and conlrolling grazing and exploitation;
(8 ) taking up consolidation of holdings ia the notified area, in accordance with thc relevant law on the subject, for better use of the land and the avaiIablewater and for r hc disposal of thc excess water;
(9) introducing syslcm for utilisingproductssuch as sisal leaf, cashew pods for enhancing employment and income therefrom;
( 1 0) pro~cction of land against damage by flood or drought;
( I ' ) training or strcanis;
( 1 2 ) r u g u l a ~ i o ~ ~ Tor prohibition of firing oi vcgctalion;
( I 3 ) inlprot,cnlcnt of wa tcr supply;
- .
22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY -- . - - -
(15) farm drainage;
(1 6) farm irrigalion;
(17) conrrol of the srrips of land fornlir~g swamps and spri1.g sourccs; and
(18) any other matter which may be prescrioed."
Arnendmenl of 5 . In section 23 of the principal ~ c t j - section 23. , ( 1 ) for the words "Board of Revenue", in three places ~vhcrc they occur, the words "Commissioner of Land Reforms" shall be substi~ured;
(2) in sub-section ( I ), in the third proviso,- - (a ) for the words "in its discretion", the words "in his d k c r e i i o t ~ " sllall be substituted;
(b) for the words "as i t maydetermi~~e", the words "as he may determine" . . shalI be substituted;
hmmdnlcn~ of 6. In sections 35,37 and 39 ofthe principal Act, for the words "Board of Revenuc", secliOns 351 wberever they occur, the words "Commissioner of Land Reforms" shnjl be subs~i~u ted ;
37 and 39.
Amcndrnent of 7. In section 42 of the principal Act, in sub-section (21,- section 42.
( 1 ) for ibc words "Board of Revcnuc", t l ~ c words "Con~niissionur ol' Laarl Reforms" shall be substituted;
(2) the word "it" in two places where it occurs, shall be omirted.
Insertion of new 8. After section 42 or the principal Act, the following section shall be inserled, sec~ion 42.A. namely:- "42-A. Evul~tation of scl?er~rcs.-( I ) Notwithstanding anything contained io this Act, tbe Land Imnrovement Board in respect of any scheme sanctioned by it or by the Government, anu i .e sod Conservation Board in respect of any scheme prepared by it, - may u~rect rhe District Cornmiltee or any other insrilu~ion to evaluate periodically a n y such schemes as may be specified in such direction subject to such rules a s may be made i n this behalf and in accordance with the provisions of this scction-
(a) to identify tbc benefits of the scheme;
( b ) to identify trchnical approaches for measuring such benefits; and
(c) to coltect time series datb for rhe purpose.
(2) The benefits referrcd to in sub-section (1) shall, in general. be of rhe following kinds, namely:-- ( i) Direct land prolection against erosion such as gullyit~g;
(iii) Appreciared valuc of restored land; -
(iv) Proportionate investment on dam and ils command, protcclcd under major. medium and minor irrisation projects.
:., TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY - -- B. Producrivc Benefit-
(i) Additional rainfed production from catchment of the structure;
(ii) Additional production from mini command o f the structure;
(iii) Production from restored and irrirgated lands which were othenvise out of cullivalion or plant management.
(i) Casual ernploymenl due to construction of bunds, terraces, raising o f plantations, etc.;
( i i ) Regular employment due lo intensification of land management or improvement of cropping or plant managemcut;
(iii) Ratio of the post-project employment (Regular) can be termed as cmploynlent improvement ratio and taken as an index for charging the effectiveness of rhe plan and its irnplemenlation.
I (3) For Lhe purpose of evaluation of a scheme- (u ) certain mini-project areas representing typical package of conservation praclices are to be selected;
( b ) the investment made on the scheme, such as the investment made for ihe following pu:poscs, shall also be raker, into account, namely:-
(i) Land treatment;
( i i ) Land restoration;
( i j i ) Constmction of erosion control and Water harvesting structures;
(iv) Mini Command Development;
(c) pre-project and post-project datas are to be c:ll-cted wilh respect to the , - rollo~ving, namely:- (i] Hydrologic and Sedimentation including cIimatic and watershed attributes;
( i i ) Socio-economic data, which .~ i l l cavcr family sizeand econamics, holdings. crop and plant management, production and return and employment.".
(By order of the Governor) - I K . PARTHASARATHY.
Secretn!?~ lo Gov~rnm~enr, Lo lv Deparrtn en).
. . , . . - -. - - . - -. - - - - --+ In l~ l i i ' l 1.1, :IN11 I'IIDLISHLU i l Y I l l r i DIKECTOII 01: S'Ttl-T1O? I:HY AND PRINTIKG, C'HEhliiAl ON UEllAl.1' OF' TllE riUVF.UNMEWh' 01: Tt\blll. NADU 1959TN31.pdf 2001TN6.pdf