LexThe Tamil Nadu Land Improvement Schemes Act, 1959
Tamil Nadu · state statute
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The Tamil Nadu Land Improvement Schemes Act, 1959
Act 31 of 1959
Keyword(s):
Drought, Erosion, Land Improvement Board, Reclamation, Soil, Soil
Conservation Board, Water Land, Work
Amendment appended: 6 of 2001
1959: T.N. Act 311 Land lniyro vernent ScAe:i ~es 407
THE TAMIL NADU LAND IMPROVEMFNT SCHEF*IFS ACT, 1 !9,
TABLE OF CONTENTS.
CHAPTER I.
;~ECTIOVS.
PRELIMINARY.
1 Short title, extent and commencement.
2 Definitions,
CHAPTER 11.
NOTIFICATION OF AREAS AND CONTROL OVER TEEM0
3 Notification of areas.
4 Power to regulate, restrict or prohibit certain matters within notified arez?
5 Proclamation of order under section 4 and admission of claims for compen-
sation.
6 Inquiries into claims and award of compensation,
7 Method of awarding compensation.
CHAPTER 111,
CONSTITUTION OF THE LAND IMPROVEMENT BOARD, DISTRICT CQ~IMLZ'TEES AND
SOIL CONSERVATION BOARDS.
8 Constitution of the L2(1d I~nrnv~mpnt Board.
9 Power of Government to req~rire the Land Improvement Board tc: prepus
schemc.
10 Functions of the Land Improvement Board.
11 Constitution of Distric:t Committees.
12 Functions of the District Committee.
13 Constitution of the River Valley Soil Conservation BoarL,
CHAPTER IV.
PREPARATION OF SCHEUES.
14 Matters which a scheme may provide.
15 Power to c'irec t preparation cf schemes,
66 Bublicatio~~ of draft scberne.
1 E S-6-27A
408
T
L~..'':~ lt j $1.6 lrt?H~enf schemes 11959 : 'I:N. Act 31
S ?CTIGNS.
IT ifiquiry ofic r !o corisidel objections anu submit leport to the Land Improve-
ment Board.
18 Power of the Land Improvement Board to sanction or reject draft scnome,
19 Power of the Soil Conservation Board to prepare scheme.
20 Puklication of the scl-ieme.
CHAPTER V,
EX~CUTION OF SCkIEMES.
21 Appoi~ tmcnt of Executing Officer.
22 Power to enforce scheme.
23 Liability of persolis wnose i ands are not included.
24 Power of Govel-ilmenr: to carry out works under a scheme.
CHAPTER V1.
MAINTENANCE, RCI'AIB AND USE OF WO!'.KS CARRIED OUT UNDER THE SCHEA~F.
25 Preparctlvn of st:ltement.
26 Obligation of ~CI'SOIIS to ~na:'i~t':in and repair works.
27 Lad nor to lie f. ;low.
CHAPTER VII.
RECLAMATION OF WASTE LANDS.
28 Order for taking possession of waste lands.
29 Arrangement for reclamation.
30 Claim for arrears of rent not to be enforced against Government, etr.
3'1 Termination of possession on completion of reclamation.
32 Compensation for period cf possession.
53 Accounts,
34 Recovery of net expenditure incurred by Govcrpment.
CHAPTER VIII .
MISCELLANEOUS,
35 Appeals.
36 Penalties:
37 Amounts to be recovered as arrears of land rev:-.--
. . ."
-
~ECT~OUS.
i2r-o(.c 11lr; itnil pi> :d.:r at cnyuiries.
39 Power to entcr, survey, etc.
40 Conti~uailce of liability for land revenue, ntcs and czsses,
41 Registration sf doccmznt or map not required.
42 Delegatiorl of powers.
43 Govcsllment to direct preparation of schenzes i;l casts of .tiCL:r.,:cci:J.
44 Power to make rules.
45 Posver to make, grant or atfvailce loan.
45 Ear of certain wits, prosecutions, etc.
7 Power to remove difficulties.
47-,I Rules, ~iotifications and orders ta be placed ':cfore ti;: I.r:islature
48 Saving of other !awr
29 Rcpcals and savings.
\:Veat.:.itl sshcmr~o; tfs. , 4 ern,tl to haye bee0 prepared ui;Jrr this ,.'.,.'.cl.
4113 Land Improvement Schemes [I959 : T. N. Act 31
*[TAMIL NADUJ ACT NO* 31 OF 1959.2
THE l[TAMIL NADU] LAND IMPROVEMEm'
SCHElClkiS .ACT, 1959.
[Azce!vid thz assent of the Presiderrt on the 1st March
?!?GO; first published in f lze Fort Sf. George Gazctt~:
olr t hd lGt h March 1960.1
An Act to pruvide for the preparaliou and e~iecution of
land inlprovement sc;,emes inclcding schemes for the
csnservaliols and improvement of soil and water
resources, tbe prevention or mitigation of soil ero-
sion, the protection of land against damage by
floods or drought, protection d rcser ioirs against
sedimentation and tile reclamation of waste land in
tlre 3(State of Tamil Nadu].
WHEREAS it is expedient to provide for the preparation
and execu tior. of land improvemeqt schemes including
schemes for the conservation and smprovement of soil
and water resources, the prjvention or mitigation of soil
erosion, tne protection of land against damage by floods
OF drought, the protection of reservoirs against sedimen-
tation and the reclamation of waste land in the 3[State
of Tamil Nadu] ;
BE it enactei in the Tenth Year of the Republic of India
as follows :--
CHAPTER I.
Short title, 1. This Act may be called the 1lTarnil NaduJ Land
extent and Tll~provement Schemes Act, 1959.
comm0uc.f.
rnena. (2) It extends to the whrle of the ?[State of Tarnil
Nadu] . ----- - .- -----
These words were substituted for the word " Madras 'by the Tamil Nadu Adaptation of Laws Order, 1969, as amended
by the Tamil Nadu Adaptation of Laws (Second Amendment)
Order, 1969.
4 For Statelllent of Objects and Reasons, see Fort St. George
Gazette, dated the 17th' April 1959, Part IV-A,
pages 238-239.
3This cxptession was substituted for thc expression " State of
Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as
arn;ncicd by th - 'l'rnil Nadu Adaptation of Laws (Second
Amendment ) Order, 1969.
I959 : I'.PJ. Act 3 11 Land I~~~provement Sch- rrls 411 I
(3) It shall come into force in any area on such
date as the Government may, by notification, specify,
and the Government may cancel or modify arty such
notification.
2. In this Act- u!;kqs the context other\yi.;e requirds- Definitions3,
(a) ' Collector ' rilcans the Collector of the district ;
(6) ' Disf lict Cornmiitce means the 1Distri~:t Land
Ir~aprovcmcnt Co~nmittce constituted under st;ctiou 1 1 ;
(c) ' drought ' maus lack of adequate tnoisiurl: in
tho land required for cultivaiion ; "
(dj ' erosion ' means the removal or displ:icement,
of earth, stones or other materials by the action of wind
or water ;
(e) ' Executing Officer' ineans an officer appointed
under section 21 to execute a scheme ;
(f) ' Government ' means the State Governmeilt ;
(g) 'Inquiry Officer' m3ans an officer appoinied
by the Land Improvement Board under sub-section (5)
of section 15 ;
(h) ' Land Improvement Board ' means '.he l[Tsmil
Nadu Land Improvement Board] constituted under
section 8 ;
(i) ' notified area ' means any area declared to be
a notified area under sectioil3 ;
(j) ' owner. '-
(a) means-
I Tl)is expression was subslituted for the expression " Wadrat
I.,and Improvement Board" by paragraph 4 of, and the Scliecfule
to, the Tad Nadu Adaptation of Laws Order, 1970.
41; Land improvement Schemes 11959 : T.N. Act 31
(i) ally person holding land in severaltj or
jgiiltly .or in sornmon under a ryotwari settlement or ill
any way s~lbject to the paymcnt of rcvenur: direct to the
Government, or
(ii) a landlioldcr as defined in tire 1jTaixil
Nadu] Estates Land Act, 1908 (11T~mii Nadu] Act I of
190S), or d. ryot as defillcd in that Act, or
(;.:) -z landlord as d~iii~ed lir he h/E;~.llabr~i
Tc~ls~~cy A,t, 3929 (l[Tamil Nadu] Act XEV o!' 1930), or
s tznarit as dzfined, in that Act, or
(V) the Central Govcri~mcnt ill rcspxct of' tht:
land v~stc;d iii ally depart111t:rii mder t-lie Central cover^?-
nlent, and
(b) i i~l~~d~s- . .
(i) (112 pi=rsoa for ihc :ilw: hing r~*;civi:ig or
:~::iifrcl to ~i:~k;i~i, ~h~thl~'~' 011 his 0i~i1 CCC;:LII~ oi i:~
agci7it, trustez, guardian, manager or receiver fot anothc-,.r
g~rso.1, fl~c rcnt or profit derivable fiol:~ land, or
(ii) a mortgagee with possession, or
(iii) a Iessce or sub-lessee ;
(m) ' :ail conservatiba ' rn,;iis gropcr land utiTi --
~ati~n according to its por'cntialities and includes pre-
vention of sui! ~sosion, conservation of moisture, irrigam
eioo n herx ter possiL!e and neccssxy, drainage, roeaticnal
cropping, im,r?ved tillage and other agronomic pmnticcs
cecessary to acl~iicvc mc?ximum produdinn ;
(nj ' Soil Conservation Board ' means the kiv.;r
Vallcy Soil Co~~servation Board constituted under section
13 ;
- --
These wdr:?s were substi, rite(' far the wcrd cGMac'ras" by the
Tamil Nadu Adzp txion cf Laws Order, 1969, as amended by the
Tami! NaCu AdaptaLioiz of Laws (Second Arnei~dn~ent) Order, 1969,
(0) 'wcl,ic i;iod' mcafir any 1a:id ~hicll . a
period of not ics, iii~i thrtc consecutive yciirs L;.; b;Lx~~
lying waste on accoulit of water-logging, s:.ljni~y, ac~u-
l~~ulation of sand, growth 0; weeds, soil erosii:~ cr aily
1
other cause, or wfiic:r for the period aforesqid kss c.en
lying ~lnwltivateci;
) ' i- ' meals iiny work consiiu~tt;d, ereztcd
or carrleci out urzdcr a scheme and includes a pastuic or
forest provided or raised unc!er a scheme ;
(q) the expressions ' cattle ', ( forest-prodwe ',
' timber ' and ' ti.ee ' have the meanings respectively
assigned to them in the '[Trrnil Nadu] Forest Act, 1882
IlfTahil Nadu] Act V of 1882).
CHAPTER 11,
NOTIFICATION OF AREAS APTD CONTROL OVE2 THEM. ,
3. Whenever it appears to the Governmen 1 ti;& in Notifi~a:loiz of
:iny area not constituted as a reserved forest aridti :be
][Tamil Nado] Forest Act, 1882. ('[Tamil Nada] 'ct V
of 1882), it is desirable to provide for the prepavaticil znd
execution of any Ia.nd improvement sche1;i;e or scl~erne
for the cons~rvation cr improvement of sub-soil water
or moisttire or e:her soil or wz.ter resour : 2s oi fcIr :he
prevention or n~ib-igntion of soil erosion 01- ii~e pr.cl'en-ibn
of 1;:1d ~?y7~.!~:~f. cI::PI;;,~c by fl~i~cf~ dl.1 ~g?ii, ~i. :L;E:
,l.:,+,l:ctia11 of rc-,cr~-oirs ::I;: .;~?s'i scdil~e-i; aiic 23 i , : :IC
: t~l.i :1l?i l;~il ~f ;!ily \V?.?~C 3 .i!f1, the G~~~j*cij;,;, kr: , i:,jr,
ic,y :-p~tific:i~io~;, dcclz.r2 the i:i-r2 to 199 :: CL~ 3%. . *, . cs, I. .
, 2 b:!:.pn e; of I!;! - ?".(;I.
/I. III tl?,l,.i s1,se 0 5' ;in;? ;in 6 ifir,cl c ;,. 1,: "1 ' .
4.
,l,l;er to leg$.-
, .Q jlC . - ; ,: i':!..:, rostricr ctr I*\ :iTi,l;,:d in ;;"~;.y ZTC~. in l.pcr,i,ci
r-i::'!G lLr!l-jer ;;c!{o~ 24 of 65~ Jj:Tami: id&:.] ?=
*I PI'' .. hibit GC~~L.~~I
.. : r. . less witbitin 1882 (lmmil FTatlnl Act V ~f l882), or a r:o..iyCri:~..:,
qc8
-y :..-lifiecl arezs.
v ocen issgerl i~n:lor s.;ciioa 29 of that Ad, il~~x x:$?vL~ . r
may, by notification, regule:~, restrict or prohi'i;it --
6. ITi!.,csc syor4s ~3re st;bstiit~!:;;l COT the word F,".d,;; '' :.;,?
* . '-\ :-:le 'fzixil r<sij-; ;'. $,'p,i3taGs:j!~ (~f :,;IPS Crcler, 1969, as a!:,,c;.\;;'?:i :-; . i;,
,. - Naric ,~i<i~~~?~.ztigi? of ka:.ia {Second Amefid:~;er.t) C'-..! A:. :: - b .:' > .,d'.
(k) ' rucla~ilation includes cultivi tio!~, :i
tbn gr nay otRer imp:-ovcr!~ent of larltl ;
'7
(m) ' s3ii conservaiic~l rneuns propor f xn . ,
ration i., .lg tu iis potentialities and incl;::
vention of soil ero.;ioir, conserwtion of moii:ti!ri
1' tion wherever possible elid neccss:?ry, cmlnage, rc
cropping, improved tillage and ot!ler agronojiriz
necessary to achi~vi: n?n-:im:!m prcd: !c! ,
(n) ' Soil Cons~rviition Board ' means tli.
Valley Soil Conservatiorl Board constituted uild(,r
13 ;
---- -
These w~rrls were substi :!. 1: l for the IV:.~ &~p,q . , *, a '
Tamil N~Gu Adi p t~:i011 ~f L:.w3 Order, 1969, js zmo;;<c
Tami! Naiu .'Laptaiiol? cf L.iws (Seco:ld Ame:;zmaq:) a :
I
1959 : T. IV. Act 311 Land Impt.ove..tzent Schemes 415
/
(3) Any claim not preferred within the prescribeht
period shall be rejected :
Provided that the Collector may admit a claim after
such period if he is satisfied that the claimant had sufficient
cause for not preferring the claim within such periud.
6. (1) The Collector shall poceed to ii quire in the l[~quiriesi nto clalms and prescribed manner into every claim admittcd under
section 5. c xnpen sat ion.
(2) For the purposes of such enquiry, tl-~e Collector
may exercise nll or eny cf the powers of a cikil court for
the trial of suits under the Code of Civil r'roc~tfimre, 79C8
(Central Act V of 1908).
(3) The Coi!ector shsl!, after such inquiry, make
an award in ws;iing with respect to esch ~uch clai~n,
setting out therein the Ibllowii~g particulars, namely :-
(i) the per-~~~ i~~aking the claim ;
(ii) the nature and cxtent of the ~-i~l'r .- r-!ri.i?!?eri a
(iii) tilt cx:ciit It- which the c1~i1i-1 ib tiphcii!;
P
(iv) the amoiint o! cc,myc-nsatici~ a~l a1 ':ktl 31id
I::!: pcrssnx tc wilcm it i5 p~iyablc.
(I) The Colle-tor s!ral! gi vc no$ icz ii, tiic ;:i-c.sciiLcd
1?;1b~3i7er of his award to Ill~ clailnants cr %Irciz. repre:! {:;-
t j1:i.s ad to the PLI SOP;~ 10 W!;OIII c~inpensaf ion is paysbir.
7. (1) In detcrlni~ii~ ig tI:c z.molint of ~~~npcnsiitic,i;, ~ct hod of
tJ7.c Collector shall bc guided, so far as may br, by r!~e ;warding
provisions of st ct i~:~is 23 and 24 of the Land Acquisi:i~:ti coi"pe"salion~
Act, 1894 (Cenirnl Act I of 1 S94), and as reprds -~xctters
I
which cannot L;: dl iirt wiih under those pr-cvisions, by
what is just anti rrCL 'il:zble in i?ie circumst Ilcc!j of each
CiiSG.
(2) If in nuy c::<,c, t:~. CXCI-Z~SC of ally righ: i:, 121-o13ilti-
it. i tll rest]-icii for 3 tii!lc olily, the ccjmperis:itio~? .r!Ilrlll
1,: ;~~~a~cicrl o~!l:~r 312 i-cs~:-zct of tl~c period ctr~i.i!sg vS~i,ll:ich
i 17:: cxcrcisc of such right is so ~roilibitecl or i*c: t ric'lccl.
c@ *ht3 -.4 : %+,
J=i0 @P, ,ql 9 9 %>:%;. '% c;.,
% $8 oo, @ G!p 6 C'e Q J.@Q+ 6> 6+ .; OF */ - \ u *' "6.4
O'.& a& 6 B eOj" 9. 4jp Po# .6+ any person llolding lam1 iii t;j;kr-
" Qs @+- o, ?b N 0,- 2- PP ., %+:h common undcr a rvnt wnri :(at tft lji
"
ye 'Q+ Imp,o~)etnerit Schemes [ 1'359 : T. ;+
*o>.?& /
-- -, -- ..-., . ". VbL<
TOcC (4 cP
4. a. . F. '?i7 Ye 2, OC iubject to the payment of rsv~:,;~u il.. .,
OI.
LZ-j eq .mnnt, or
., 4.
3 6 Of (ii) a lalldlioldi-r as delinzd i,: 11,.1
- ad^] Esta::. Land Act, 1908 (l[Tani i Nscii!]
qv*<;
9'. "4 qh Q' q+ai'o 1908), or a ryot as dcfimd in that Act, br ((79 +?) /
b oc 4,$ OF G =Q<
OF <% -4 (iii) an inaindar not baing s !ai~dllol~.i -1
"doc On, ~lj. opQw. % qJn 9 as aforesaid, or
p0 3 ("s' (i.1) a landlord as defined lii lh:
$0 dq b~iJ Tenancy Act. 1929 (I[Tamil Nadu] ALL X IV (I . e0 "'g?/<- 3 $8 ./.
$, ?("r- ("O OF %>. Oc a tenant as defined. in that Act, or
3 cc. +93 . 0 "+ 9. (i) tile L'sntral Govcriuinc:t~t iil i.3~1~ ,: c
'2 4' ".- P 4;. iaiid vested iri ally 'icpartrii-:ni tuilder ti~i. -i'cutrn I
+>d \ opJ%.
8 v. ' c+ %[ ment, and
@P
n 44 '25 v xo2
"I.
C - +p?~, (b) i ir:l~!des--
Gi *P e, % .op (i) ihe par-oil fa1 ;init; bC:i~~g rL.* L:
' < 6 c~4tlcd to rcc2iv;
dr. O
&, wlle~hei' 011 his ofi~ri CCC: ::
@V agent, trustee, guardian, manager or ~zc~ivcr fu,.
'3 % p~rsna, the rznt or profit derivable from land, or
q@ r"
".;. . Oc
b, (ii) a rnorcgagez with possession, oi-
*?A, ".
> (iii) a lessoz or sub-lessee ;
%A
(k) ' reclamation ' includes cui, ;i
%:an or any other i~l~provemezlt of land ;
(i) ' scheme ' means R SC~CIX~ prr-:I ?;i-cl !,ti
kc% f;
() ' s c~nservatiell ' means proycr liluc
ration according to its potentialities and incluc
vention of soil erosion, conservation of moisture
tion wherever possible and necessary, drainage, ro
cropping, improved tillage and other agronomic F
necessary to achieve maximum production ;
(n) ' Soil Conservation Board ' means the
VaUey Soil Conservation Board constituted under
13 ;
I These wJrds were substimer' for the wor2 6r~a<~a,,:
Tamil Nadu Adaptation cf Lzws Order, 1969, as amend!
Tamil NaGu Adaptaptation of Laws (Second Amel;dment) QY~
1959 : T.N, Act 311 Lard Ir?.lyrovsment Schenzes 417
1[(3) The Dircctor of Agriculture. or such other
c;flic:r as thc Director of Agriculture may with the prc-
viocs apl~roval of thc Goverrament aominate in this behalf,
f:6m ir~nz to time, shall be the Secretary ta the Land
f n?js!.i;vrmertt i Board.]
4 (2 I Gover~i~nellt ijlay, from tii::~. to tillley
on tltr: ~~conilr,e~~da;ion of the Land Pmprcvc~i:c~;t hard,
;-,;~;:.1E;;i any person wl.19~:: assi~txnce or advice Ihc Land
Inii.,iovement Board inay desire .n carrying ~rrt aly of the
p!-&visions of th:$ Act to ascociaie himself with the Land
I :npruvnrc;-?r t Board in :;I ich 1n>:n?lcr., for sucfl purpmeh
a*?rj for -L.CIZ pzriod zc ths Gov::r~:mcnt m. y, by pi-d:s,
cnt.cif'j.
(b) A j7~f~i-1 ass~ciaied with the Land I~;ip;ovc-
ii;:i!t Board uncles clause (a) fa]. any pi-pose shdl hnke
a rigl~r to falie ~-7,ii. ili :he ~;~;CL~SC~Q~IS but shall lloe have
~iglit :o vote ar a mee!ing of the Land Improveacnt
i3c.ard, and shdi not be a filemSL:~- for any o'ihcr purpose.
(5) (a)The term of office of a member ref~-----~I
10 clause (fj or in clause(g) of sub-sectio~(2) shall b::
three yzars or such sharter pericd, as the Governmei~t
may fix :
Provided that any such inember shaIl be deemed to
II~T~C vacated his seat if 11s is absent without excuse, suffi-
cie~~t iu the opinion of the Land Iinprovement Board, fsoni
three consecutive ordinary meetings of the Land Im-
provement Board.
(b) A member referred to in clause (f) of sub-
section (2) shall be deemed to have vacated his seat if
hc ceases to be a member of the Legislative Assembly
or cf the Legislative Council, as the case may be.
(6) P inember referred to in clause (f) 01. in clause
(g) of sub-sectioil (2) inay, at any time, by notice in writing
to the Chairman, resign his office, but he shall continue
in office until the election or nomination ef his
successor,
-- -
This sub-section was substituted for the followi~lg ~ut.:-~ect ion
by s~ct ion 2 (2) of the Tamil Nadu Land Improvemer~t ;chenles
(Alz~cndment) Act, 1965 (Tamil Nadu Act 4 of 1965):-
"(3) The-Secretary to the Government in ths ~)ep lrtrne:~
uf Food artd Agriculture, or such other outer a:; rnay be noml'
~?a{ed by the Government in this behalf, from tims to rime, shai B
be t11c secretary to the Land improvement Board."
41 8 Land Improvement Schemes [I959 : T.N. Act 31
(7) (a) A casual vacancy in the office of a member
referred to in clause (f) or in claw (g) of sub-section (2)
shall be fillad by fresh election or ngmination, as the caw
may be.
(b) T1.x person elected or nominated to fill a casual
vaca:!cy under clause (a) shall hold office only for tht:
remaindt:~ of the term for which the member whose place
he takes was elected or nominated.
(8) If tllero is a diffetc~ica of opinion among tho
members of the Land Improvement Board, the decision
of the majority of the members present shall prevail :
Provided that when their opinion is equally divided
the Chairman shall have and exercise a casting vote.
(9) All communications and ordors of the Land Impro-
vement Board shall be issued by the Secretary or by such
officer subordinate to him as may tie authorized by the
Land Improvement Board in this behalf.
I
power of 9. The Government may, by order, direct the Land
Government Improvement Bosrd to prepare plans and estimates for a
to require the scheme in respact of any notified area or part thereof : Land Imoro- vement ~6ard
to prepare Provided that nothing contained in this section shall
scheme. apply to any river valley catchment area specified in the
notification under sub-section (1) of section 13.
Functions Of 10. The functions of the Land Improvement Board shall the Land be-
gmprovemen t
.Board. (a) to make recommendations to the Government as to
:hq areas, except a river valley catchment area specified
in the notification under sub-section (1) of section 13, in
each district for which schemes may be prepared ;
(b) to direct, either at its own instancs or on the direc-
tion of the Government under section 9, the preparation of
schemes cnder sub-section (3) of section 15 ;
(c) to consider and approve the schemes so prepared ;
(d) to devise ways and means for the execution of the
schemes approved by it ; and
(e) to perform such other Punctions as m8y b pros-
.&ha.
1959 : TON. Act 311 Land Improvement Schemes 419
11. (1) As soon as may be, after the issue of a direction Constitution
under section 9, the Land Improvement Board may 2c.n- District
stitute for the district in which the whole or part of the Commit tees.
notified area is situated a committee called the Distrl;i.
Land Improvement Committee consisthg of-
(i) the Collector who shall be the Chairmar.,,
ex-o$Gcio ;
(ii) the District Forest Officer, ex-oJ6cio ;
(iii) the District Agricultural Officer, ex -of$co ;
(iv) the Agricultural Assistant Engineer who shall be
the Land Improvement Officer, ex-oficio ;
(v) not more than four members of the State Legis-
lature and the Parliament from the district, nc~ninaied by
the Cc,llector; and
(vi) a member who is an active and prog~essive
agriculturist directly concerned with the cultivation of land,
nominated by the Collector.
(2) 'ihe Collector shall preside over the meetings of the
District Committee.
(3) The Land Improvement Officer shall. be the
ex-oficio Secretary to the District Committee.
12. (1) The functions of the District Coin~~lit~ee sna,ll Functions of
be- the District
Commit tee.
(a) to niake reconimendations to tho Land Improve-
ment Board as i o the areas, except a river valiey catchment
area specified in the noi.ificatisn under sub-section (1) of
section 13, in the district for which schemes may be pre-
pared;
(b) to perform such other functions for the purpose
of carrying out the provisions of this act as may be
prescribed; and
(c) to carry out the instructions iseucd by the Land
Impmvement Mtd from time to ti-.
1959 : T.N Act 311 Land Improvement Schemes 421
(2) Tl~e Soil Collservation Board shall consist UT -
(a) the *Member, Board of Revenue, in-charge of
Lanti Revenue, who shall be the Chairman, ex-oficio;
(b) the Director of Agricul~ure, e~dficio;
(c) the Director of Fisheries, en-osfcio;
(d) the Chief Conservator of Forests, ex-omo;
(e) the Chief Engineer (Irrigation), ex-oficio;
Q the Chief Engineer (Electricity), ex-oficio;
(g) the Executive Engineer having experience in soil
conservation work and jurisdiction over the area specified
in the notification 3nder sub-section (I), ex-oficio;
(h) the Collector of the district concerned, a-oficio,
or if the area specified in the notification under sub-section
(1) is situated in two or more districts, the Collector of
one of the districts designated LJ GAG Government in that
behalf; and
(i) not more than two members of the State
Legislature represent;ng the constituencies which consist
of, or comprise, or which relate to, the area specified in the
notification under sub-section (1) nominated by the
Government.
(3) The Executive Engineer referred to in clause (g)
of sub-section (2) shall be the Secretary to the Soil Conser
vation Board.
(4) If there is a difference of opinion amoug the mem-
bers of the Soil Conservation Board, the decision of the
majority of the members present shall prevail:
.. ;.
Provided that when their opinion is equally divided,
the Chairman shall have and exercise a casting vote.
- --
* NOW the Appropriate Authority specified by ~he Gorrernment in
the notificati@n issued under section 4 (1) Of the Tamil InJadu Board of Revenue Abolition Act, '980 (Tamil Nadu kt 36 of 11 Mo), pba~
see section 10 (1) cf he s~ia Act.
412 t&d t&roi}er~refit Schetn~~~ ti959 : ~.k: Art 3 1
;(5) .The term of office of e member referred to in
cla~lse (i) of sub-section (2) shall be three years or such
shorter . , pe.riod,, as *the Government may fix :
. I
provided that any such member shall be deemed to
have vacated Ms seat if he is absent without excuse, sufficient
in the opiaion ofthe Soil Conservation Board, from threc
consecutive ordinary meetings of the Soil Conservation
Board, or if hd ceases to be a member of the State Legislature.
.f'
(6) 'A member referred to in clause (i) of sub-section
(2) may, at any time, by notice in writing to the Chairman,
resign his office, but he shall continue in office until the
nomination -. of his successor. .
(7) (a) A cacual vacancy in the office of a 111elllber
referred to in clause (i) of sub-section (2) sl~all be filled by
fresh nomination. .. .
(b) The person nclninated to fill a casual v;-,ilcy
under clause (a) shall hold office only for the remainder of
the term for which the member whose place he takes was
norui~ated. .
(8) All conxmni~a+ions and orders of the Soil Conser-
vation Board shall be issued by the Secretary or by such
officer subordinate to him as may be authorized by the
Soil Co~~servation Board in this behalf.
. .
. . CHAPTER ZV.
- 14. A scheme may provide for all or any of the following
matters, namdy- :- which a
;&erne may
pr evil le. . -. .
(i) improvement of land ;
(ii) conservation or improvement of sub-soil water or
moisture or other- soil or water resources ;
(iii). .& pfelikntion . . or mitiffation of soil erosion;
(iv) prot&tion of land against damage by floods or
drought ;
1959 : T.N. Act 311 Lnnd ImpLovemenr .Schemes 423
fv) reclamation of waste land;
(vi) imp1 u-gc-ment in the methods of cultivation and
cxtollsior of cultivation;
(vii) construction of emth-works and mafonry works
in fields, gullies and ravines including constructio~i of catch-
water drains aad contour bunding, wherever necessary;
(viii) control of the strips of land abutting the road
serving as road margin ;
(ix) training of streams;
(x) prohibition or control of grazing or reservation of
land for pasture ;
(xi) planting and preservation of trees, shrubs and
grass for afforestation of uncultivable land or Ir providing
ihelter belts or for any other purpose;
(xii) regulation or prohibition of firing of vegetation;
(xi ii) in~provemei~ t of water-supply ;
(xiv) sediment control ;
(xv) farm drainage ;
(xvi) farm irrigation ;
(xvii) control of the strips of land forming swamps and
spring sourps; and
(xviii) any other matter which may be prescribed.
15. (1) On receipt of an order of the Government Po- te diract under section 9, the Land Improvement Board shall pmpamios
direct the preparation of a scheme for the areas spcified io "fsw
the order.
. (2) The Land Improvement Board may, if satisfied
that it is necessary so to do, direct the preparation of a
scheme in respect of any area in a district other than-
(a) the area speqified in the order of the Govern-
ment undet section 9; and
(6) a river valley catchment area specified in the
notification under sub-section( 1) of section 13.
* '74 Land jrnpr~ vernent Sclzenzes [1959:T. N. b d 31
(3) Oa the issue of a ciirection pnder sub-section (1) or
sub-section (2), the Land Improvement Board shall
appoint an ~ficer -to prepare, in accordance with such
instructiorr as tlie Land Improvement Board may issue, a
draft sc:hzme setting out-
(cr) the objects of the scheme ;
(b) the boundaries and aJProximate area of the
lands to be included in the scheme ;
(cj the persons, including the Government, who
will be affected bjr the scheme;
(d) the works, if any, to be carried out under the
. scheme ; - -
(el the agency ' or agencies through which any
such wcrk shall be carrie. d out ;
(f) the benits expected directly to 'the lands in
which the scheme shall be executed and indirectly off-site
to other lands as well as reduction in sedimentation to
reservoirs and reduction of flood damage, prevention of
road-slips, land-slides and reclamation of lands; and
(g) such other particulars as may be prescribed.'
(4) The draft scheme so prepared shall be submitted
to the Land Improvement Bpard which may approve it
either with or without modifications or may reject it
, and prepare, or cause to be prepared, another draft scheme. 2; . .*- '
I
.... . . - .. . . %. (5) Whenever the Land Improvement Board prepares
. --U. .. s". .. . or approves any draft scheme, it shall appoint an officer
called the Inquiry Officer for the purposes hereinafter
specified.
Public 11
of draft
x heme.
ion 16. (1) The draft scheme prepared or approved by
the Land Improvement Board under sub-section (4) of
section 15 together with the connected maps and plans,
if any, shall be fcr~wb~icl: to tke Collector who shall
publish it in the District Gazette and also in the prescribed
manner in every village and at the headquarters of the
taluk, in which , the lsrnds included in the scheme are
situated.
#
1959 : T. N. Act 311 Land l~nprovelnent Schemes 425
(2) The Collector shall simultaueously with the . . . -.
publication of the scherr.: ir the Pictrict Gazette under -.
sub-section (1) require all persons affected by che scheme
who wish to make any objection to the scheme or part
thereof, to submit their oi~jections in writing to the Inquiry
Officer or to appear before him and state their .objections.
within thirty days of the date of the publication of the
draft scheme in the village.
17. The Inquiry Officer shall inquire into the objections Inquiry ~ffi-
received or recorded by him and submit them to the Land ccr toconsi- der obj i c- Improvement Board together with his report thereon and ,ions and
his recommendations, if any, for the modification of the submit
draft scheme. I report to the
Lan:'. Im-
'provement
'Board
18. (1) After considering the objections and the report Power oft he
and the recommendations of the Inquiry Officer 'and an) Land Imp
rov~ ma. nt further report which -the Land Improvembnt Boardl ma! Board to
require from him, the Land Improvement Board may- sanction or
re j~ct draft
.(a) sanction the scheme with or without modification: schemg.
Provided that a scheme prepared in pursuance of a
direction under sub-section (2) of settion 15 shall not be
sanctioned by the Land Impovement Board but shall bo
submitted to the Government for their sailction ; or
(b) reject the scheme, and direct that, in lieu
thereof, a fresh scheme t~ prepared and-submitted for its .- ' .T
.I .- sanction, , -. . .+
(2) Where a draft scheme is submitted to the Gdvern-
ment under the proviso to clause (a) of sub-section (I),
they may sanction the draft scheme with or without modi- - . .. ..
fication or may reject it and direct that a fresh scheme -.
-.
be prepared and submitted for their sanction. .
19. Notwithstanding anything contained in this Act, ?':if
the Soil Conservation Board may, of its own motion and conserva-
subject to such conditions as may be prescribed, prepare tion Boa d
any scheme for any river valley catchment area speci- to prepare
Bed in the notification under sub-section (1) of section 1 "chc- a
px oviding for all or any of the matters specified in sectl~ . .
ta*
Publication 10. (1) 'l-he scheme prepared by the Soil Conser- of the
sche ?c. at ion Board urt Jer sectioil 19 or the scheme as sallctioned
by the Land Improvement Board or by the Government,
as the case may be, shall be published in tlie District
I
Gazette and copies thereof shall be inade available in
every village and at the headquarters of the taluk, in which
the lands included in the scheme are situated, at such
places and in such manner as the Collector may direct.
(2) On and from the date of tlie publication of the
scheme in the District Gazette under sub-section (I), the
scheme shall wme into force and shall'havc effect.
(3) The Land Irnprovernent Board in respect of
a scheme sanctioned by it or by the Government and the
.. Sol; Zonservation Board in respect of a scheme prepared
1 by it may, for the purpose of carrying out the objects of
the scheme, make regulations requiring any person or
persons or the public generally to take certain action or
I to refrain from doing certain acts in respect of any matter
suppleme~~tary or incidental to the scheme.
Appoint-
ment of
Executing Officer.
CHAPTER V.
21. The Land Improvement Board in respect of
a scheme sanctioned by it or by the Government and the
Soil Conservation Board in respect of a scheme prepared
by it shall, when the scheme wmes into force, appoint
an of161cer called the Executing Officer to execute the scheme.
Power i o 22. (1) (a) The Land Improvement Board in respect
of such works under a scheme sanctioned by it or by the scheme* Government as the Land Improvement Board may, by
pneral or special order, specify, and the District Committee
m respect of other works under such scheme and' the Soil
Conservation Board in respect of works under a scheme
. prepared by it, shall, by notice given in the prescribed
. form, inform the owner of any land in which s6c~works
-ii - : have to be carried *out,the &tails of such works and the
date before which the owner of the land shall carry them
out e
1959 : T. N. Act 3 11 Lar! J improvenzrrrl ScI~unrrs . 427
1 Provided tilat the Land Impxovement Bcard, the - . , . .-
i 1 '.
I. Soil Conservation Board or the, District Committee, as ' i
the case may be, may wherever necessary, direct that any - I I.-
...
work to *be carried out by the owner of the !and shall be ...
wried out by the Executing Officer himself and that the
cost or part of the cost of such work shall be recovered - .
from ther wner of the land. \
--z ) --
I (b) A copy of the notice referred to in clause (a)
shall be served in the prescribed manner on sucl2 other
person or persons as may, in the opinion of the Land
improvement Board or the District Conlmittee or the
Soil Conservation Board, as the case may be, be benee-
fited in consequence of any work to be carried out and
thereby become liable to pay such amount as may be
determined under sub-section (1) of scction 23.
. .
i.
(2) If any work is not carried out to the satisfaction I
of the Executing Officer before the date fixed in that behalf
or if the owner intimates to thc Executing Officer in writing
that he is unable to damy out any work before that date,
the Executing 0fficek may cause the work to be carried
out and recover the cost of the work from the owner.
(3) Any amount payable under the proviso to clause
of sub-section (1) or under sub-section (2) shall, at
option of tlie person liable to pay it, be paid either in
L lumpsum or with interest at such rate a5 may be pres-
cribed, in equated, annual instalments not exceeding
twenty in umber :
Provided that wileere a person who elects' to pa!
in instalments, coinmits default in the payment tJ; any
i nstalinent, the entire unpaid balance shall become irnrne.
diately payable.
(4) In any land owned by the Governrnel~t, all works
slldl' be carried out by, or under the authority of, the
department having the control or management of the
land, unless the Soil Conservation Board or the Land
lmprovenlent Board, as the case may bc, directs the
Executing Officer to carry out the works himself.
Liability of per-
SOW whoselands
are not
i ncludod .
23. (1) If, in cons4quence of any work carried out
under the scheme, any person (including the Government)
other than the owner of the land in which the work is
done, is likely to be benefited, such person shall pay to
the owner of the land if the work is carried out by him or
to the Government if the work is carried out by or under
the authority of any department cf the Government or
by the Executing Officer, such amount and within such
time as the Board of Revenue* may determine :
Provided that, before any person is required to pay
any such i~mount, he shall be given a reasonable oppor-
tunity of making his representations, if any, in regard
to the matter :
Provided further that the payment of ally such amount
may be waived by the Government in whole or in pat in
respect of any work carried out in land owned by them :
Provided also that the Board of Revenue* may, in
its discretion, perm't any such amount to be paid + with
interest at such rate as it may determine in equated annual
instalments not exceeding twenty in number.
(2) Any amount paid to the Government under
subsection (1) shall be credited towards the amount,
if any, due to the Government under the proviso to clause
ia) of sub-section (1) or under sub-section (2) of section 22.
If default is made in the payment of any amount
mder sub-section (1) or of any jnstalment thereof, as the
case may be, within the time determined in that behalf
in purswce of that sub-section, the amount or where
yment is made in instalments the entire unpaid
&ance (which shall be deemed to have
become immediately payable on the occurrence of the
default) shall be recoverad by the *Board of Revenue and
paid to the owner or, as the case may be, the Goverament.
-- -4
* By &ue of section 10 (1) of the Tamil Nadu Board of Revenue
Abolition Act, 1980 (Tamil Nadu Act 56 of 1980) any rcferetlce to
ths Board of Revenue i8hall be deemed to, be a reference $0 ,the
Stat6 Oovsmliranl.
9 59 :' T.N. Act 311 Land ~rnproi;&ent Schemes
E.
t 6
24. (1) Notwithstanding anything contained in this Power of Government to
& Act, the Government may, in the case of any scheme out works d which has come into for.= under sub-section (2) of section
i
20, direct, by notification, that any work linder ?he scheme
to be carried out by the owners of the lands shall b : carried
out by the Government and that the cost of such work
shall be recovered in whole or in part from rhe owners
of.tfte lands included in the scheme in such proportion
as the Government may fix having regard to the area or
assessment, or both, of the lands included in the scheme.
, (2) The cost directed to be recovered under sub-
section (1) together with htesest at svch rate as the Govern-
ment may determine shall be recoverable from the owners
concerned in such number of equated annual instalinents
payable on the date appointed for the payment of the
first instalment of land revenue, as may be prescribed:
Provided illat where a person commits default in
the payment of any instalment, the entire unpaid balance
shell beconle immediately payable.
CHAPTER VI.
MAINTENANCE, REPAIR AND USB OF WORKS CARRIED
OUT UNDER THE SCHEME,
25. (1) The Executing Officer shall, on completion ~repaktion of
of r he work in any specified area or part thereof prepare statement.
a statement for any such area or part giving the following
particulars :-
(0) (i) the work done ;
(ii) the cost thereof ; I
.
(iii) the total amount to be recovered from the
owners ;
(iv) the names of the owners of the lands in-
cluded in the scheme ;
(v) the general rate per acre or per rupee of
assessment per annum at which such cost is to be reco-
vered from the owners ;
Obligation of
persons to
maintain and
repair works.
(vi) the period withi11 which such ~ost is to be
recovered ;
(vii) the work which i his opinion shall be
maintained or repaired individua ly or jointly and the
name of every such person ;
4
(viii) the follow up of soil collscrvation practices
that are to bo undertaken in the field by the owners of
aay of them ;
(ix) the rights, if any, of the owners or any
of thzrn ii, rcgard to the use of s~icli WOJ'K;
(bi in the case of any survey nt~rnber or sub-
division o ally survey number- !
(i) if the owner is not liable to maintain or
repair the works therein, a list of such survey numbers
or sub-divisions ;
(ii) if the cost is to be recovered from an owner
at a rate other than the general rate referred to in item (v)
of clause (a), a list of such survey numbers or sub-divisions
and the rate at which the cost is to be recovered from the
owner or owncrs of such survey numbers or sub-divisions;
(c) a map and plan, if any, showing the jqituation,
extent and nature of all works ;
(6) such other matters as nlay be p~escribed.
(2) When a statement is prepared under this section,
any rights and liabilities shown therein shall be entered
in the record of rights or where there is no rccord of rights,
in such village record a~c! 911 ch mPnnt.;r as may hc pres-
cribed and shall thereupon form part of such record of rights
or such village record.
.
26. (1) Every person shown in the statement prepared
under section 25 as liable to maintain or repair any work
shall to the satisfaction of the Collector and within such
time as1 the Collector may fix, maintain or 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 and shall
undertake such follow up soil conservation practice6 as may
be prescribed.
I 959 : T.N. Act 3 11 Lrtud Ir.iprovemetit Schc~ties 43 1
(2) If any person fails to rneintain or repair the
work within the time fixed by the Collector under sub-
section (I), the Collector sl~all himself arrange for the main-
tenance qr repair of the work and recover the cost thereof
from such persol].
(3) Any dispute as to the amou~lt to be recovered
under sub-section (2) shall be decided by the Collector.
27. No permon shall leave any land to lie kllqw con- Land not to lie
tinaously for inore than two years if in respect of such land filllow.
any work under a scheme has been carried out.
CH4PTER V11.
RECLAMAI'ION OF WASTE LANDS.
28. (1) If ! 11e Land ilnprovement Board in respect of order fpr taking
auy scheme sanctioned by it or by the Government or the p ossession of
the Soil Conservation Board in respect of any scheme waste lands.
prepared by it is satisfied that for the purpose of executing
such scheme it is necessary that temporary possession
of any waste land s11ould be taken, the Land Improve-
ment Board or the Soil Couservation Board, as the case
may be, may, by order in writing, direct the C~llector to
take temporary possessio~~ of the land on behalf of the
Government on such date as m. .y be specified ill that
order.
(2) The snicr shc~ll be made in such lo, nl :~ni1
b:ou$ht lo the i?olic\: of tho o\v!ier as well a:, :fny oihm
132~~01 who m..iy be in possessior of the 1an:i in such
IIU lliler, as mr y be ~1~escribe:l.
(3) On the date sptcified in the order, the Collector
or any other officer authroised by urn in this behalf shall
enter upon aitd take possession of the land or, behalf of
th.e Gcvernment.
29, When the land has been taken possession of, the ,?rrangarnent
rlainatiou. u~ficer appointed by thz Soil Conservation Board or the for
Land Improvement Boaid, as the case may be, fgt ;he
purpose, may arrange for its raclamatio~~ --
(a) by retaining it under his managemeilt for such
period as he thinks fit ; or
432 Lmd Impro vemen f Schemes [1959: T.N. Act 31
(b) by settling the?period and such terms as may be
fixed by the Soil Conservation Board or the Land Improve-
ment Board, as the, case may be, with the person who on
the date of taking possession under sub-section (3) of section
28 was in lawful possession of the land or was
entitled to such possession or, if any, such person is dead,
with his successor in interest ; or
(c) by a combination of the methods aforesaid :
Provided that the total period for which the land is
retained under this section shall not execeed fivc yeais from
the date of taking possession.
uaim for 30. No claim of any person to any arrear of rent accrued
arrears of rent or due in respect of the land for the period prior to the not to be
enforced against date of taking possession shall thereafter b9 enforced by
Government,atc. any Court, whether in execution of a decree or otherwise, against the Govercment or aginst any person holding the
land under :he Government or aga.inst the land during the
period such land is in the possession of the Government
under sub-section (3) of section 28 :
Pmvided that in computing the period of limitation
for a suit, or an application for the execution of decree,
the time during which the enforcement of such claim is
barred under this section, shall be exc!uded.
Termination 31. (1) When the kclamation of the land is in the
possession on opinion of the Collector complete and in any case Excerpt shown. Open the full act in Lexace.