LexThe Gujarat Land Improvement Schemes Act, 1942
Gujarat · state statute
Open in Lexace · Ask the AI about this actGujarat Land Improvement Schemes Act, 1942.
1 of 18
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARYAFFAIRS DEPARTMENT
Bombay Act No. XXVIII Of 1942
The Gujarat Land Improvement Schemes Act, 1942.
(As modified upto the 31st October, 2012)
Gujarat Land Improvement Schemes Act, 1942.
2 of 18
THE GUJARAT LAND IMPROVEMENT SCHEMES ACT, 1942.
[1942 : Bom. XXVIII]
------------------
PREAMBLE. CONTENTS.
SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
CONSTITUTION OF BOARDS AND PREPARATION OF LAND
IMPROVEMENT SCHEMES.
3. Constitution of Boards.
4. Power of Board to direct preparation of land improvement scheme and
matters for which scheme may be prepared.
5. Publication of scheme and inviting objections.
6. Report of Inquiry Officer.
7. [Repealed].
8. [Repealed].
9. Power of Board to sanction scheme with or without modifications.
10. Effect of scheme.
10A. Power of State Government or of Board to make regulations.
CHAPTER III.
EXECUTION OF THE SCHEME.
11. Power to enforce scheme.
12. Liability of persons whose lands are not included in scheme to contribute
12A. Penalty.
CHAPTER IV.
MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT UNDER
THE SCHEME.
13. Statement.
13A. Executing Officers to prepare recovery statem ents and entries to be made in
Record of Rights etc.
14. Obligation of persons to maintain and repair works.
CHAPTER V.
MISCELLANEOUS.
15. Payment and recovery of amount.
Gujarat Land Improvement Schemes Act, 1942.
3 of 18
15A. Amount due to Company to be first charge on land of defaulters.
15B. Recovery of money due to company as arrears of land revenue.
15C. Where loan is given by scheduled bank, transfer of rights of company to the
bank for speedy recovery of its dues from owners of land benefited.
16. Right of entry.
17. Inquiries to be held summarily.
18. Permission to owners to increase rent on account of improvements effected.
19. Registration of document plan or map in connection with land improve ment
scheme not required.
20. [Repealed.]
21. Delegation.
22. Certain officers to be public servants.
23. Protection of persons acting in good faith and limitation of suits and
prosecutions.
24. Power to make rules.
25. Power of State Government to direct preparation of scheme in certain
circumstances.
25A. Power of State Government to direct preparation and execution of scheme in
area declared to be famine or scarcity area.
25B. Power to revoke scheme.
26. Expenditure incurred by State Government to be charged on Consolidated
Fund of State.
26A. Effect of transfer of rights and Lia bilities of Government to State Land
Development Bank.
26B. Power of Government to give directions to Board or company.
27. Saving.
28. Validation of constitution and acts of Board.
28A. Repeal and savings.
29. Saving of Khar lands.
Gujarat Land Improvement Schemes Act, 1942.
4 of 18
ο« BOMBAY ACT NO. XXVIII OF 1942. 1
[THE BOMBAY LAND IMPROVEMENT SCHEMES ACT, 1942.]
[25th January 1943.]
Amended by Bom. 3 of 1944. +
Amended by Bom. 7 of 1945. +2
Amended by Bom. 73 of 1948.
Amended by Bom. 38 of 1949.
Repealed in part and amended by Bom. 53 of 1949.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 8 of 1953.
Amended by Bom. 51 of 1954.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
Amended by Bom. 30 of 1958.
Adapted and modified by the Gujarat Adaptation of Laws (State and Con current Subjects)
Order, 1960.
Amended by Guj. 25 of 1963.
Amended by Guj. 21 of 1969.
Amended by Guj. 26 of 1981.
Amended by Guj. 15 of 2011.
An act to provide for the making and e xecution of schemes relating to the
construction of tanks, embankments and other works, the prohibition and control of grazing
for the purposes of preservation of soil, prevention of soil erosion, improvement of water
supply and other matters in order ther eby to protect and improve lands and crops in the
Province of Bombay and for charging certain expenditure on the revenues of the Province.
WHEREAS it is expedient to provide for the making and execution of schemes
relating to the construction of tanks, em bankments and other works, the prohibition and
control of grazing for the purposes of preservation of soil, prevention of soil erosion,
improvement of water supply and other matters in order thereby to protect and improve lands
and crops in the Province of Bombay and for charging certain expenditure on the revenues of
the Province:
AND WHEREAS the Governor of Bombay has assumed to himself under the
Proclamation dated the 4th November 1939 issued by him under section 93 of the
Government of India Act, 1935, all powers vested by or under the said Act in the Provincial
Legislature;
Now, THEREFORE, in exercise of the said powers, the Governor of Bombay is
pleased to make the following Act :-
1. (1) This Act may be called the 2a[Gujarat] Land Improvement Schemes Act, 1942.
3[(2) It shall extend to the whole of the 4[State of Gujarat.]
(3) It shall come into force in such area and on such date as the 5[State] Government
may, by notification in the Official Gazette, direct :
6[Provided that on the commencement of the Bombay Land Improvement
Schemes (Extension and Amendment) Act, 1958, it shall come into force at
once in those areas in which 7[ * * * ** * ] the S aurashtra Land Improvement
Schemes Act, 1954 was in force immediately before such commencement.]
2. In this Act, unless there is anything repugnant in the subject or context,-
(1) "Board" means a Board constituted under section 3;
8[(1A) "Collector" includes a Deputy Commissioner;]
9[(1B) "Company" means the Gujarat State Land Development Cor poration
Limited, and any other company owned or controlled by the State, the
purpose of which is execution or financing or both execution and financing of
the schemes under this Act;
26
Geo. 5
ch. 2.
Short title,
extent and
commenceme
nt.
Bom. XXX
of 1958.
Sau. Act
No. XIX
Of 1954.
Definitions.
Gujarat Land Improvement Schemes Act, 1942.
5 of 18
(1C) "Company Officer" means any officer of the Company duly appointed
by it for all or any of the purposes of this Act;]
10[(2) "Director of Agriculture" means the officer appointed for the time being to be
the Director of Agriculture and includes any officer appointed by the 11[State]
Government to perform the duties of the Director of Agriculture under this Act;
(2A) "Divisional Soil Conservation Officer" means the officer appointed for
the time being to be the Divisi onal Soil Conservation Officer 12[and includes
any other officer authorised by the State Government to exercise the powers
and perform the duties of a Divisional Soil Conservation Officer under this
Act];
(2B) "District Agricultural Officer" means the off icer appointed for the time
being to be the District Agricultural Officer;]
13[(2C) "Executing Officer" means an officer appointed by the Board or the
Company under sub -section ( 1) of section 11 and shall be construed
according as the schemes are executed at the expense of the State Govern -
ment or the Company;]
(3) "Inquiry Officer" means an officer appointed as such by the Board;
14[(4) 'Owner' includes an owner in severalty, in common or joint, an occupant, a
tenure holder, pattadar, tenant, and a mort gagee in possession and the expressions
'owning' and 'own' shall be construed accordingly;]
(5) "prescribed" means prescribed by rules made under this Act;
15[16[(5A) "Code" means the Bombay Land Revenue Code, 1879;]
(5B) "relevant tenancy law" means-
(i) in the pre -reorganisation State of Bombay, excluding the
transferred territories, the Bombay Tenancy and Agricultural Lands
Act,1948; 17[ * * * * * ** * * * * * ]
(iv) in the Saurashtra Area of the State of Bombay, the Saurashtra
Prohibition of Leases of Agricultural Lands Act, 1953 and the
Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands
Ordinance, 1949; and
(v) in the Kutch Area of the State of Bombay, the Bombay Tenancy
and Agricultural Lands Act, 1948 as extended to that area;]
18[* * * * * * *]
(7) "Scheme" means a land improvement scheme prepared under this Act;
19[(7A) "Soil Conservation Officer" means the officer appointed for the tim e
being to be the Soil Conservation Officer ;]
20[(7B) 'tenant' means a tenant within the meaning of the relevant tenancy
law;]
(8) the words and expressions used in this Act, but not defined, shall have the
meaning assigned to them in 21[the Code.]
CHAPTER II.
CONSTITUTION OF BOARDS AND PREPARATION OF LAND
IMPROVEMENT SCHEMES.
3. 22[(1) The 23[State] Government shall constitute in each district a Board consisting of
the Collector, the District Agricultural Officer, the Division al Soil Conservation
Bom. V of 1879.
Bom. LXV-II
of 1948.
Sau. Act No.
XXIII of 1953.
Sau. Ordi. No.
LVI of 1949.
Constitution
of Boards.
Gujarat Land Improvement Schemes Act, 1942.
6 of 18
Officer and such non -official persons not exceeding two as may be appointed by the
23[State] Government.
(1A) The Divisional Soil Conservation Officer shall be the Secretary of the
Board.]
(2) If there is a difference of opinion amon g the members of the Board regar ding any
question under the provisions of this Act, the decision of the majority of the members
shall prevail.
4. (1) The Board 24[or the Company] may direct the preparation of a land improvement
scheme for any area within its jurisdiction. A scheme may make provision for any of
the following matters, namely:-
(i) preservation and improvement of soil ;
(ii) prevention of erosion of soil ;
(iii) improvement of water supply 25[including the construction or im -
provement of wells and other underground water resources and exploitation
of those resources.]
26[(iiia) development of land for better utilisation of the i rrigation potential to
be specified in the scheme;]
(iv) introduction of dry farming methods ;
(v) improvement in the methods of cultivation ;
(vi) reclamation of water-logged land or of land from the sea ;
(vii) prohibition or control of grazing ;
(viii) control and maintenance of tree growth ;
27[viiia) regulation or prohibition of firing of vegetation;]
28[(viiib) cultivation of waste or fallow land;]
29[(viiic) eradication of hariyali or any other kind of weed or vegetation which
is likely injuriously to affect, or interfere with cultivation;]
(ix) such other matters not inconsistent with the objects of this Act as may be
prescribed.
30[(2) On such direction being 31[issued by the Board or the Company, the Board or
the Company] shall appoint an officer to prepare, in accordance with such
instructions as it may issue, a draft scheme containing the follo wing particulars,
namely:-
(i) the objects of the scheme ;
(ii) the approximate area of the lands to be included in the scheme;
(iii) the work or kind of work to be carried out under the scheme;
(iv) the agency or agencies through which the work shall be carried out;
(v) such other particulars as may be prescribed.]
325. 33[(1) The draft scheme p repared under section 4 shall be submitted by the officer
appointed by the Board or the officer appointed by the Company to the Board or, as
the case may be, to the Company, and the Board or, as the case may be, the Company
shall either approve the scheme with or without modifications or reject it and where
the Board approves the scheme it shall appoint an Inquiry Officer.]
Power of
Board to direct
preparation of
land
improvement
scheme and
matters for
which scheme
may be
prepared.
Publication of
scheme and
inviting
objections.
Gujarat Land Improvement Schemes Act, 1942.
7 of 18
(2) The scheme approved by the Board 34[or the Company] under sub -section (1)
shall be published in the Official Gazette and in the village and at the headquarters of
the 35[taluka, tahsil] or mahal and of the district in which the lands proposed to be
included in the scheme are situate.
(3) The Board 36[or the Company] shall, 37[simultaneously with the publication of the
scheme in the 38[ village] under sub -section (2)] require all persons affected by the
scheme who wish to make any objections to the scheme or part thereof to submit their
objections in writing to the Inquiry Officer 39[or as the case may be, the Company
Officer] or appear before him, within 40[seven days] of 41[such publication.]
6. (1) The Inquiry Officer 42[or, the Company Officer] shall hear such objections as are
made to him in person, consider all objections duly submitted under section 5 and
submit his report together with the objections to the Board 43[or, as the case may be,
to the Company.]
(2) The Inquiry Officer 44[or, the Company Officer] may, while submitting his report
under-sub-section (1) recommend any modifications which in h is opinion are
required in any of the particulars contained in the scheme approved by the Board 45[or
the Company] under sub-section (1) of section 5.]
7. [Decision of disputed claims.] Rep. by Bom. 7 of 1945, s. 6, read with Bom. 29
Of 1948,s.2.
8. [Report of Inquiry Officer.] Rep. by Bom. 7 of 1945, s. 6 read with Bom. 29 of
1948 s. 2.
46[9. (1) After consideration of the objections and the re port submitted under sub -section
(1) of section 6 and of any further report 47[which the Board or the Company may
require the Inquiry Officer or Company Officer to submit to, the Board or, as the case
may be, the Company] may sanction the scheme with or w ithout modifications or
reject it :
Provided that if not less than 48[49 per cent] of the total number of the owners
of the land included in the scheme other than the 49[Government]or owners other than
the 49[Government] owning in the aggregate not less t han 48[49 per cent] of the land
included in the scheme have made objections to the scheme or part thereof, the Board
50[or, as the case may be, the company] shall submit the scheme to the 51[State]
Government for its orders. The 51[State] Government may th ereupon sanction the
scheme with or without modifications or reject it.
(2) The scheme as sanctioned under sub-section (1) shall be published in the Official
Gazette, and in the village and at the headquarters of the 52[taluka, tahsil] or mahal
and of the district in which the lands included in the scheme are situate and shall on
such publication be final.]
10. On the date on which the scheme is published in the 53[village] under sub-
section 54[(2)] of section 9, it shall come into force and shall have effect as if it were
enacted in this Act.
55[10A. 56 [For the purpose of carrying out the objects of a scheme which has come into force
under section 10-
(a) the State Government, or
(b) the Board or the Company, in consultation with the State Government, may
make.]
regulations requiring any person or 57[* * *]persons or the public generally to take
certain action or to refrain from doing certa in acts in respect of any matters
supplementary and incidental to the scheme.]
Report of
Inquiry Officer
Power of
Board to
sanction
scheme with
or without
modifications.
Effect of
scheme.
Power of
45[State]
Government
or of Board
to make
regulations.
Gujarat Land Improvement Schemes Act, 1942.
8 of 18
CHAPTER III.
EXECUTION OF THE SCHEME.
58[11. (1) After a scheme has come into force under section 10, the Board 59[or, as the case
may be, the Company] shall appoint an officer to execute it.
(2) Every owner of land included in the scheme shall pay the costs or part costs, as
the case may be of the works which under the scheme are carried out by the
60[Government] 61[or, as the case may be, the Company] in his land at the cost or part
cost of the owner.
(3) If any owner of the land included in the scheme desires to carry out himself any
works which under the scheme are to be carried out in his land by the 60[Government]
62[or, as the case may be, the C ompany] at the cost or part cost of the owner, he shall
give notice in writing to that effect to the Executing Officer within 63[seven days] of
the publication of the scheme in the 64[village] under section 9.
(4) On receipt of such notice, the Executing Officer shall inform the owner of the
works which are to be carried out in his land, and shall fix the date before which the
owner shall carry out the works.
(5) If such owner fails to carry out any work to the satisfaction of the Executing
Officer before the date fixed by him or at any time expresses in writ ing to the
Executing Officer his inability to do so, the Executing Officer may himself get the
work carried out and the expenses incurred by the Executing Officer for the purpose
shall be recovered from the owner.
(6) Where the owner of any land included in the scheme is the 65[Government], the
Department of Government which has the control or management of such land, or the
Executing Officer directed in this behalf by 66[the Board, the State Government or the
Company,] as the case may be, shall carry out the works which the 65[Government] is
liable to carry out under the Scheme.]
12. (1) If, in consequence of any work carrie d out 67[* * * ] under the Scheme 68[any
person, including the 65[Government] other than the owner of the land in which the
work is done,] is likely to be benefited, he shall pay such amount 69[ 70 as the State
Government or the Company] may deter mine as c ontribution to the owner of the
land, if the work has been carried out by the owner, or 71[to the State Government or
the Company], if the work has been carried out by the Executing Officer]:
Provided that the 72[State] Government may excuse payment of su ch
contribution in whole or in part in respect of any work carried out by it 73[in land
belonging to the 65[Government]]:
74[Provided further that where the work is carried out at the expense of the
Company and the State Government excuses payment of the contribution, the State
Government shall pay to the company an amount equal to the amount of the
contribution so excused.]
75[(2)The amount shall be paid within such time as may be specified by the 72[State]
Government] 76[or, as the case may be, the Company.]
77[12A. Any person who contravenes or causes any contravention of any of the provisions of
a Scheme which has come into force under section 10, or any of the regulations made under
section 10A, or does any act which causes damage to any o f the works carried out under the
Scheme, or fails to fulfil any liability imposed upon him under section 13 78[or 13A] or sub -
section 79[(4)] of section 25 80[or of section 25A] shall on conviction, be punishable with fine
which may extend to fifty rupees or with simple imprisonment for a period which may extend
to one month, or with both.]
Power to
enforce
scheme
Liability of
persons
whose lands
are not
included in
scheme to
contribution.
Penalty.
Gujarat Land Improvement Schemes Act, 1942.
9 of 18
CHAPTER IV.
MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT
UNDER THE SCHEME.
81[13. (1) 82[In the case of any work under a scheme, wholl y carried out before the
commencement of the Bombay Land Improvement Schemes (Ex tension and
Amendment) Act, 1958, the Executing Officer] shall prepare a state ment giving for
any specified area the following particulars :-
(a) (i) the work done ;
(ii) the cost thereof;
(iii) the total amount to be recovered from the owners;
(iv) the general rate per acre or per rupee of assessment per annum at
which such amount is to be recovered from the owners;
(v) the period within which such amount is to be recovered;
83[(vi) the work which, in his opinion, shall be maintained and
repaired individually or jointly and the names of such person or
persons;]
(b) if in the case of any survey number or sub-division of a survey number the
owner is not liable to maintain or repair 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 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 the statement is prepared under this section any rights and liabilities shown
therein shall be entered in the Record of Rights 84[or w here there is no Record of
Rights, in the prescribed village record] and in the village accounts in such manner as
the 85[State] Government may prescribe and shall thereupon form part of such Record
of Rights 86[ or as the case may be, of such village reco rd and of the village
accounts.]
87[13A. (1) Save as otherwise provided in section 13, the Executing Officer shall, on the
completion of part of any work to be carried out, under a scheme prepare an interim
statement specifying therein-
(i) the part of the work carried out;
(ii) the cost of such part calculated on the basis of the works cost as recorded
in the works register maintained by the Executing Officer;
(iii) the interim amount to be recovered from the owner in respect of the work
so carried out;
(iv) the period within which such amount is to be recovered;
(v) the general rate per acre or per rupee of assessment, per annum at which
such amount is to be recovered from the owners;
(vi) if in the case of any survey numbers or sub -divisions of survey numbers,
the amount to be recovered under clause (iii) is to be recovered at a rate other
than the general rate, such rate;
(vii) the names of the persons from whom such amount is recoverable;
(viii) such other particulars as may be prescribed.
Statement. Bom. XXX
of 1958.
Executing
Officer to
prepare recovery
statements and
entries to be
made in Record
of Rights, etc.
Gujarat Land Improvement Schemes Act, 1942.
10 of 18
(2) After the whole of the work under such scheme is carried out the Executing
Officer shall prepare-
(a) the final statement specifying therein-
(i) the work carried out;
(ii) the total cost of the whole work;
(iii) the balance after deducting from the total cost the interim amount
set out in the interim statement 88[including the rate of interest and the
amount to be recovered at such rate and any matter inc idental
thereto;]
(iv) in relation to such balance, the balance amount to be recovered
from the owners as cost or part cost;
(v) the period within which such amount is to be recovered;
(vi) the names of persons from whom such amount is recoverable;
(vii) the general rate per acre or per rupee of assessment, per annum at
which the amount specified under clause (iv) should be recovered;
(viii) if in the case of any survey number or sub -division of a survey
number the amount recoverable from the owner thereof is to be recov-
ered at a rate other than the general rate, such rate and a list of all
such survey numbers or sub-divisions;
(ix) the work which, in his opinion, shall be maintained and repaired
individually or jointly and the names of such persons ;
(x) such other particulars as may be prescribed ;
(b) a map showing the work carried out in the village.
(3) The rights and liabilities shown in the interim statement and the final statement
shall be entered in the Record of Rights or where there is no Record of Rights in the
prescribed village record and in the village accounts in such manner as the State
Government may prescribe and shall thereupon form part of such record of rights or
as the case may be, the village record and of the village accounts.]
89[14. (1) Every person shown in the statement prepared under section 13 90[ or 13A ] as
liable to maintain and repair work shall, to the satisfaction of 91[ the Divisional Soil
Conservation Officer ] 92[ or the Company Officer ] and within such time as the said
officer may fix, maintain and repair the work in his own land and in any other land in
respect of which he is shown as liable in the said statement.
(2) If such person fails to maintain or rep air the work within the time fixed by 91[the
Divisional Soil Conservation Officer] 92[ or the Company Officer] under sub -section
(1), 91[the Divisional Soil Conservation Officer] 92[ or the Company Officer ] shall
himself get the work maintained or repaire d and the cost of so doing shall be
recovered from the person.]
93[(3) If 91[ the Divisional Soil Conservation Officer ] 92[ or the Company Officer ] is
of opinion that an emergency has arisen and that the immediate repair of any work
referred to in sub -section (1) is necessary in the general interest, he shall carry out
such repair and the cost of such repair shall be paid by the owner of the land on which
the repair has been carried out.
(4) 91[ The Divisional Soil Conservation Officer ] 92[ or the Comp any Officer ] shall,
as soon as practicable, make report to the 94[ State ] Government 95[ or the Company]
regarding such repair.]
CHAPTER V.
MISCELLANEOUS.
Obligation
of persons to
maintain and
repair
works.
Gujarat Land Improvement Schemes Act, 1942.
11 of 18
96[15. Any amount or instalment thereof payable under sections 11, 12 97[ or 14 ] which is not
paid on the date when it becomes due under this Act shall be deemed to be an arrear of land
revenue due on account of the land for the benefit of which the Scheme has been sanctioned
under this Act or the work is or repairs are carried out and shall be recoverable as such arrear
by any of the methods 98[99[provided in the Code.]]]
100[15A. The amount or instalment thereof due from any owner in respect of land payable
under section 11, 12 or 14 to the Company shall, subject to the prior payment of land revenue
(if any) due to the State Government thereon, and subject to the provisions of section 7 of the
Gujarat Agricultural Credit, (Provision of Facilities) Act, 1979 be a first charge upon that
land to which every other charge created in respect of that land shall be postponed, and such
amount or instalment may be recovered according to the provisions of section 15B.
15B. Where any amount or any instalment thereof payable to the Company by or under this
Act is not paid on the date when it becomes due,
(a) and the claim is not disputed, the Company Officer may send to the C ollector a
certificate under his hand indicating therein the sum winch is due to the Company or
is claimed by the Company, as the case may be, and thereupon, the Collector shall
recover the sum due or claimed as arrear of land revenue;
(b) and the claim is disputed, it shall be referred to an officer authorised in this behalf
by the State Government for the purpose; and such officer shall after making such
inquiry as he deems fit, and after giving to the person by whom the amount is alleged
to be payable a n opportunity of being heard, decide the question; and the decision of
such Officer shall be final; and there upon the amount, if any, determined to be due to
the Company may be reco vered in the manner provided under clause (a) as if the
claim is not disputed.
15C. (1) Notwithstanding anything contained in this Act, where any work under any
scheme is to be carrie d out or is completed by the Company, by use of the funds
borrowed by it from any scheduled bank and in consequence thereof a charge is
created upon any land in favour of the Company under section 15A all the rights and
liabilities of the Company for recovery of cost (including interest) of the said work or
of any part thereof, with the priority therefor under section 15A, shall stand
transferred to and vest in the scheduled bank-
(a) upon the Company preparing an interim or final statement under section
13A and notifying the same to the scheduled bank from which the funds are
borrowed by the Company ; or
(b) upon such scheduled bank notifying to the Company its acceptance of all
owners or any of the owners named in the statement as its debtors, instead of
being debtors of the Company:
Provided that, where the scheduled bank does not accept all the
owners but accepts only some of the owners, named in the statement as its
debtors, then the rights and liabilities of the Company, with the priority
therefor, i n respect of lands of only those owners who are accepted as its
debtors, by the scheduled bank shall stand transferred to and vest in the
scheduled bank.
(2) On such transfer, the Company shall inform the owners concerned of the same,
and then the amount shown in the interim or final statement, as the case may be, as
recoverable against each owner, who is accepted as its debtor by the scheduled bank,
shall be paid by the respective owner to the scheduled bank on due dates in such
instalments, and with interest at such rate, as may be specified in the statement.
(3) Where the rights and liabilities of the Company, in respect of any owners are
transferred to and vest in a scheduled bank, the bank shall give an intima tion to the
talati, or such revenue offic er as may be designated by the State Government in this
behalf, of the particulars of the lands and the names of such owners and of the
Bom. V of
1879.
Payment and
recovery of
amount.
Guj. 19 of
1979. Amount due
to Company
to be first
charge on
land of
defaulters.
Recovery
of money
due to
Company
as arrears
of land
revenue.
Where loan is
given by
scheduled bank,
transfer of rights
of Company to the
bank for speedy-
recovery of its
dues from owners
of land benefited.
Gujarat Land Improvement Schemes Act, 1942.
12 of 18
charges or mortgage created thereon in its favour. The talati or designated officer
shall show in the record of rights o r, where there is no record of rights, in the
prescribed village record and in the village accounts the name of the bank as the
mortgagee of the lands and make a note of other particulars of the charge created or
mortgage given. The bank shall likewise give an intimation to the talati or designated
officer as soon as the whole amount due from any owner ceases to be outstanding,
and thereupon the talati or the designated officer shall make a suitable note in the
record of rights or the village record and acc ounts about release of the land from the
charges or mortgage, as the case may be.
(4) The provisions of sections 15A and 15B shall apply mutatis mutandis to any
amount or instalment thereof payable by any owner of land to any scheduled bank
under this section, as if references in those sections to the Company and the Company
Officer were references to the scheduled bank and the bank officer, respectively.
Explanation.-For the purposes of this section "scheduled bank" means a bank
included in t he Second Schedule to the Reserve Bank of India Act, 1934 and "bank
officer", in relation to such bank means any officer of such bank duly appointed by it
for the purposes of this Act.]
16. For the purpose of preparing, sanctioning or exec uting any scheme 101[for repairing or
maintaining any works under any scheme], any person authorised by 102[the Board, 103[the
Collector, the Divisional Soil Conservation Officer or the Company]] may, after giving such
notice as may be prescribed to the ow ner, occupier or other person interested in any land,
enter upon, survey and mark out such land, and do all acts necessary for such purpose.
17. (1) Any authority other than a Board empowered under this Act to make an inqui ry
shall make the inquiry in the manner provided for holding a summary inquiry under
104[103[the Code]] and all the provisions contained in 106[such Act] relating to the
holding of a summary inquiry shall, so far as may be, apply.
(2) Such authority as well as a Board shall have the same powers for sum moning and
enforcing the attendance of any person and examining him on oath and compelling
the production of documents as are vested in the revenue officers under 104[105[the
Code]].
18. Notwithstanding anything contained in any other law for the time being in force, it shall
be lawful for the owner of any land included in a scheme to enhance the rent payable by a
tenant of the land by such amount and subject to such conditions as may be prescribed.
19. (1) Nothing in the Indian Registration Act, 1908, shall be deemed to re quire the
registration of any document, plan, or map prepared, made or sanctioned in
connection with a scheme which has come into force.
(2) All such documents, plans and maps shall, for the purpose of sections 48 and 49
of the Indian Registratio n Act, 1908, be deemed to be registered in accordance with
the provisions of that Act :
Provided that documents, plans and maps relating to the sanctioned scheme
shall be accessible to the public in the manner prescribed.
20. [Delegation of powers by Provincial Government]. Rep. by Bom. 7 of 1945 s. 16, read
with Bom. 29 of 1948 s. 2.
106[21. The 107[State] Government and subject to the control of the 107[State] Government the
Collector or 108[the Divisional Soil Conservation Officer ] may delegate to any officer any of
the powers conferred on it or him or any of the functions to be performed by it or him by or
under this Act.]
22. The members and Secretary of a Board, the Inquiry O fficer and any officer or person
authorised or appointed by the Board, 109[the Company,] the Collector, 108[the Divisional Soil
Conservation Officer] or the 107[State] Government under sub -section (2) of section 4, sub -
section (1) of section 11, 110* * * * section 16, 111[section 21] or sub-section (2) of section 25,
as the case may be, shall be deemed to be public servants within the meaning of the Indian
II of 1934.
Right of
entry.
Inquiries to
be held
summarily.
Permission to
owners to increase
rent on account
of improvements
effected.
XVI of
1908. Registration of
document,
plan or map in
connection
with land
improvement
scheme not
required.
XVI of
1908.
Delegation.
Certain
officers to be
public
servants.
XLV
of 1860.
Gujarat Land Improvement Schemes Act, 1942.
13 of 18
Penal Code.
23. (1) No suit, prosecution or other legal proceedings shall be instituted against any
public servant or person duly authorised under this Act in respect of anything in good
faith done or intended to be done under this Act or the rules made thereunder.
(2) No suit or prosecution shall be instituted against any public servant or person duly
authorised under this Act in respect of anything done or intended to be done under
this Act, unless the suit or prosecution has been instituted within six months from the
date of the act complained of.
24. (1) The 107[State] Government may, by notification published in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without p rejudice to the generality of the foregoing power such
rules may be made to determine the following matters, namely:-
112[(i) the matters to be prescribed under clause (ix) of sub-section (1). and
clause (v) of sub-section (2) of section 4;
(ii) the matters to be prescribed under clause (d) of sub-section (1) of section
13;
113[(iii) other particulars to be prescribed under sub -sections (1) and (2) of
section 13 A;
(iiia) the manner in which the rights and liabilities shown in the statements
prepared under sections 13 and 13 A shall be entered in the Record of Rights
or village record and in the village accounts;]
(iv) the manner of giving notice under section 16;
(v) the manner in which documents, plans and maps shall be made accessi ble
to the public under section 19;
114 [ * * * * ]
115 [ * * * * ]
(3) The rules made under this section shall be subject to the condition of previous
publication.
116[25. (1) Notwithstanding anything contained in this Act, the State Govern ment may direct
the preparation of a scheme providing for any of the matters specified in sub -section
(1) of section 4 in any area in the following cases, namely :-
(i) where 117[ t he State Government, the Company or any trust] contri butes
not less than 25 per cent, of the cost of the scheme;
(ii) if any person or authority is willing to contribute not less than 25 per cent,
of the estimated cost, of the scheme;
118 [ * * * * ]
(iv) if in the opinion of the State Government land improvement is necessary
in the interest of any persons who are members of the armed forces of the
Union or who were such members and have retired or the dependents of such
persons; or
(v) if in the opinion of the State Government the scheme is necessary in the
interest of the public.
(2) Alongwith such direction or any time there after, the State Govern ment may
authorize the Board to appoint an officer to prepare, in accor dance with such
instructions as the Board may issue, a draft scheme con taining the particulars
Protection of
persons acting
in good faith
and limitation
of suits and
prosecutions.
Power to
make rules.
Powers of
State
Government to
direct
preparation of
scheme in
certain
circumstances.
Gujarat Land Improvement Schemes Act, 1942.
14 of 18
specified in sub-section (2) of section 4. The officer so appointed shall prepare a draft
scheme accordingly and submit it to the Board for approval.
(3) After the scheme is submitted to the Board for approval under sub section (2), the
provisions of section 5 and the sections following the said section and the rules made
under section 24 shall, so far as they can be made applicable, apply in respect of such
scheme.
(4) Notwithstanding anything contained in sub -section (3), the owner of the land in
which any work has been carried out for the purposes of a scheme under this section
be liable, pending the preparation of the statement under section 13 119[or 13 A] to
maintain the work to the satisfaction of the Divisional Soil Conservation Officer
120[or the Company Officer] and repair it to his satisfaction within such t ime as he
may fix.
The provisions of sub -section (2) of section 14 shall apply in respect of the
owner's liability under this sub-section].
121[25A. (1) Notwithstanding anything contained in this Act, if the State Government
is of opinion 122[that a scheme is necessary in the interest of the public or] that a state
of famine or scarcity prevails or is likely to prevail in any area 123[or that it is
necessary to provide suitable work to relieve rural unemployment in any area] it may
make a declaration to that effect. Such declaration shall be published in the Official
Gazette. On the publication of such declaration, the State Government may direct the
Collector 124[or the Company] to appoint an officer as the Executing Officer for the
purpose of immediately constructing embankments in such villages as may be
specified. Such direction shall also require the Board 125[or, as the case may be , the
company] to prepare a scheme providing for matters specified in clauses (i) and (ii) of
sub-section (1) of section 4 or any other matters specified in sub -section (1) of that
section in such villages.
(2) On the issue of a direction under sub -section (1), the Board 126[ or, as the case
may be, the Company ] shall ask the Executing Officer to prepare a draft scheme,
including therein all the works undertaken by him under sub -section (1), and other
works in accordance with such instructions as the Boar d 126[or, as the case may be,
the Company] may issue, containing the particulars specified in sub -section (2) of
section 4 . Such Executing Officer shall prepare a draft scheme accordingly and
submit it to the Board 126[or, as the case may be, the Company] for its approval.
(3) The draft scheme submitted to the Board 127[or, as the case may be, the Company]
may be approved by it without modification or with such modification as shall not
affect the work carried out by the Executing Officer under sub -section (1). The
scheme so approved by the Board 128[or, the Company] shall be published in the
Official Gazette and in the village in which the lands included in the scheme are
situate. On the date on which the scheme is published in the village it shall come i nto
force and shall have effect as if it were enacted in this Act. The provisions of section
10 A and the sections following the said section and the rules made under section 24
shall, so far as they can be made applicable, apply in respect of such scheme as if it
were a scheme which has come into force under section 10.
(4) Notwithstanding anything contained in sub -section (3) the owner of the land in
which any work has been carried out for the purposes of a scheme under this section
shall be liable, pend ing the preparation of the statement under section 13 129[or 13A]
to maintain the work to the satis faction of the Divisional Soil Conservation Officer
130[or, as the case may be the Company Officer] and repair it to his satisfaction within
such time as he may fix and the provisions of sub-section (2) of section 14 shall apply
in respect of the ownerβs liability under this section.
25B. If upon an application made by the Board 131[or, as the case may be, the Company], the
State Government is satisfied that it is necessary so to do the State Government may, at any
time, by notification in the Official Gazette, revoke any scheme after it has come into force
and upon such revocation the provisions of this Act, except section 15, shall cease to apply to
such scheme. Such notification shall also be published in the village and at the headquarters
of the 132[taluka, tahsil] or mahal and of the di strict in which the lands included in such
scheme are situate].
Power of State
Government to
direct
preparation
and execution
of scheme in
area declared
to be famine or
scarcity area.
Power to
revoke
scheme.
Expenditure
incurred by
133[State]
Government to
be charged on
134[Consolidat
ed Fund of
State].
Gujarat Land Improvement Schemes Act, 1942.
15 of 18
26. The expenditure incurred by the 133[State] Government in pursuance of anything done
under this Act shall be charged on the 134[Consolidated Fund of the State].
135[26A. Where rights and liabilities of the State Government in relation to the recovery of
cost or part cost of the works carried out under any scheme fr om any owners of lands
included in such scheme stand transferred to the State Land Development Bank under section
143A of the Gujarat Co -operative Societies Act, 1961, the rights and liabilities transferred to
such Bank shall be entered in the records refe rred to in sub-section (2) of section 13 or as the
case may be, sub -section (3) of section 13A and notwithstanding anything contained in this
Act. every such owner of land shall pay the amount recoverable from him under this Act to
such Bank. The amount of such cost or part cost shall be paid to the State Land Development
Bank by, and recovered by such Bank from, such owners of lands in accordance with the
provisions of section 143 A of the Gujarat Cooperative Societies Act, 1961 and such payment
to or recovery by, the Bank shall discharge the owners of lands of their liability to make pay -
ment to the State Government under this Act to the extent of their re spective liability
accepted by the Bank.]
136[26B. The State Government may, by order in writing, give to" the Board or the Company
such directions as in its opinion are necessary or expe dient for carrying out the purposes of
this Act and the Board, or as the case may be, the Company shall comp ly with such
directions.]
137[27. All Boards constituted for a division under section 3 shall be dis solved on the day on
which the new Boards shall be constituted under section 3 as amended by the Bombay Land
Improvement Schemes (Amendment) Act, 1948:
Provided that any direction issued, appointments made, scheme sanction ed,
regulation made and all things done by the first mentioned Board shall be deemed to have
beeExcerpt shown. Open the full act in Lexace.