Bare Acts
BOMBAY LAND IMPROVEMENT SCHEMES ACT, 1942
Amended by Mah.
1 2
For Statement, See Bombay Government Gazette, 1943, Part IV, p.44.
For the retrospective operation of this Act, see section 22, Bom. 7 .of 1945. These Acts were repealed and re-enacted by Boni. 29 of 1948, s. 2.
The Act was extended to that part of the State of Bombay to which immediately before the commencement of Bom. 30 .of 1958, it did not extend (vide Bom. 30 of 1958,s. 2).
"
*BOMBAY ACT No. XXVIll OF 1942 1
[THEBOMBAYLANolMPROVEMENTSCHEMESACT,1942. ]t
[Received the assent of the Gover~or General on the 15th day of January 1943; assent first published in the Bombay Government Gazette on the 25th January 1943.]
Amended by Bom.
-
" ,,7
-
" ,,73
-
" ,,38
Repealed in part and amended by Bom. 53 of 1949.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.
" ,,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 Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 196Q.
3 of 1944* of 1945*2 of 1948 of 1949
5 of 1962 ,,35 of 1969 * ,,44 of 1972 §
". 18 of1973 (13-7-1973) i
,,43 of 1976 (15-9-1976) i . " 26 of1977 (15-4-1977) i
" 9 of 1980 (31-12-1979)@
,,27 of 1989 (7-8-1989) i .
An Act 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 thereby to protect and improve lands and crops in the Province of Bombay mid for charging certain expenditures 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, 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 matter 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; to provide for the making and execution of schemes
:j: Maharashtra Ordinance No. XI of 1969 was repealed by Mah. 35 of 1969,s. 4. § Maharashtra Ordinance No. X .of 1972 was repealed by Mah. 44 of 1972, s. 3.'I! This indicates the date of commencement of the Act.
@ Maharashtra Ordinance No. XII .of 1979 was repealed by Mah. 9 of 1980, s. 4.
H4069-1a .
3
4
Bombay Land Improvement Schemes Act, '1942 (1942: Bom.xxvm
AND WHEREAS the Governor of Bombay has assumed to himself
under the proclamation dated the 4th Nove~ber 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 Provi~cial Legislature;
NOW, THEREFORE, in execise of the said powers, the Governor of Bombay is pleaseq. to make the following Act :~ '
26 of
~e~h. 2.
,
CHAPl'ER I PRELIMINARY
1. (1) This Act may be called the Bombay Land Improvement
Short. title,
extent and
commence- ,Schemes Act, 1942.
Definitions.
3[State] Government may, by notification in the Offu:ial Gazette, direct:
4[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 the Hyderabad Land
. Improvement Act, 1953 5'.' was in force immediately before such commencement.]
2. In this Act, unless there is anYthing repugnant in the subject . or cont.ext,- '
(1) "Board" means a Board constituted under section 3; .
6 [(1A)" Code" means the Maharashtra Land Revenue Code, 1966 ,.]
,
Born. XXX of'
~~. Act No. XIX of 1953.
Mah. XLI
ment.
J[(2)' It shall extend to the whole of the 2[State of Maharashtra].] (3) It shall come into force in such area and on such date as the
7[(1B) "Company" means a company owned or controlled by the of State which is set up for the purposes of executing or financing (or 1966. for both puq>oses) schemes which have come intO force under this ' Act; ,
(1C) " Company Officer" means any Officer of the Company duly appointed by it for all or any of the purposes of this Act ;]
8[(2) "Director of Agriculture" means the officer appointed for the time being to be the Director of Agriculture and includes anyofficerappointedby the 3[State] Government to perform the duties of the Director of Agriculture under this Act;
(2-A)"Divisioilal Soil Qonservation Officer" means the officer appointed for the time being to be the Divisional Soil Conservation Officer ;] .
1 ~ sub-section was substituted for the original by Bom. 30 of 1958, s: 3(1). J Tnese words were substituted for the words" State of Bombay" by the
Maharasl).tra Adaptation of Laws (State and Concurrent Subjects) Ord~r, 1960.
-
3 This word was substituted for the word" Provincial"by the Adaptationof Laws
Order, 1950 ' .
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4 This proviso W8l\ added by Bom. 30 of 1958. s. 3(2).,
-
. The words .. or as the case may be, the Saurashtra Land Iinprovement
Schemes Act; ,1954" were omitted by the Maharashtra Adaptation of Laws
(State and Concurrent Subjects) Order, '1960. , .
-
. This clause was substituted by Mah.27. of 1989, .s. 2(a). .
7 Clauses(1B) and (1C) we~ inserted by Mah.18 of 1973, s. 2(1).
8 Clause (2) and (2A) were substituted by Bom. 73 of 1948, s. 2.
' ,
1942: Bom.XXVIllJ Bombay Land Improvement Schemes Act, 1942 5 ..
1 [(2B) "District Agricultural Officer " means any officer of a Zilla Mah. Parishad(constituted under the Maharashtra Zilla Parishads and
ioo~f Panchayat Samitis Act, 1961) appointed by the State Government to . perform the duties of the District Agricultural Officer under this
Born LXVII of 1948.
Born XCIX. of 1958.
Hyd. XXI of 1950.
II of 1934.
7[(5B) ." relevant tenancy law" means-
(i) in the Bombay area of the State of Maharashtra,
.
the Bombay
.
(iii) in the Hyderabad area of the State of Maharashtra, the Hyderabad Tenancy and Agricultural Lands Act, 1950;]
8[(6) "scheduled bank" means a bank included in the Second Schedule to the Reserve B~ of IndiaAct, 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 ;] .
(7) "scheme" means a land improvement scheme prepared under this Act; .
9[(7A) "Soil Conservation Officer" means the officer appointed for the time being to be the Soil Conservation Officer;
lO[(7B)"tenant" means a tenant within the meaning of the relevant tenancy law;] .
1 Clause (28) was substituted by Mah. 5 of 1962, s. 286, Tenth Sch.'
-
2 Clause (2A) which was renumbered as clause (2C) by Born. 73 of 1948, s. 2(b).
waS inserted by Born. 7 of 1945, s. 2(a), read with. Born. 29 of 1948, s.2.
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3 These words were inserted by Mah. 18 of 1973, s. 2(2).
-
. This portion was added, ibid. .
-
. This clause was substituted for the original by Born. 30 of 1958, s. 4(2).
-
6 Clause (5A) was deleted by Mah. 27 of 1989, s. 2(b).
-
7 Clause (58) was substituted by Mah. 27 of 1989, s. 2(c).
8 Inserted by Mah. 9 of 1980, s.2.
0 Clauses (7A) and (78) were inserted by Born. 73 of 1948, s. 2(d).
Act ;]
2[(2C) "Executing Officer" means an officer appointed by the
.Board 3[or Company] under sub-section (l)ofsection 11;] 4[and the expression "Executing Officer" shall be construed' according as the schemes are executed at the expense of the State Government or the Company;] .'
(3) "Inquiry Officer" means an officer appointed as such by the Board; .
5[(4) "owner" includes an owner in severality; in common or joint, an occupant, a tenure holder pattadar, tenant and a mortgagee in possession and the expression "owning" and "own" shall be construed accordingly;] .
. (5) "prescribed" means prescribed by rules made under this Act; 6* * * * *
Tenancy and Agricultural Lands Act, 1948 ;
(ii) in the Vidharbha region of the State of Maharashtra, the
Bombay Tenancy and Agricultural Act, 1958; and
Lands
(Vidarbha
Region)'
JO This clause was substituted for.-the original by Born. 30 of-1958, s. 4(4).
.
Adaption of Laws (State and concurrent Subjt;Cts) Order, 1960J
The words" State of Bombay" shall stand unmodified [vide Maharashtra
6
Constitution of Boards.
Bombay Land Improvement Schemes Act, 1942 [1942: Bom.XXVllI (8) The words and expressions used in this Act, but not defined,
shall have the meaning assigned to them in the l[ Code].
CHAPTER II
CONSTITUTION OF BOARDS AND PREPARATION OF LAND IMPROVEMENT SCHEMES.
3. 2[(1).The 3[Statel Government shall constitute in each district a Board consisting of the Collector, the District Agricultural Officer, the Divisional Soil Conservation Officer and such non-official persons 4[not exceeding five] as may be appointed by the 3[State] Government.
(1A) The Divisional Soil Conservation Officer shall be the Secretary of the Board.]
(2) If there is a difference of opinion among the members of the Board regarding any question under the provisions of this Act the decision of the majority of the members shall prevail. .
4. (1) 5[The Board or the Company] may direct the preparation of a land improvement scheme of 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 ofwater supply 6[including the construction or improvement of wells and other underground water resources, and exploitation of those resources] ; .
7[(iii-a) development ofland for better utilisation of the irrigation potential to be specified in the scheme ;]
(iv) introduction of dry farming methods;
(v) improvement in the methods of cultivation;
(vi) reclamation of waterlogged land or of land from the sea; (vii) prohibition or control of grazing;
(viii) control and maintenance of tree growth;
8[(viiia) regulation or prohibition of firing of vegetation ;] 9[(viiib) cultivation of waste or fallow land;]
lO[(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.
I This word was substituted for the words" relevant Land Revenue Act" by Mah. 27 of 1989, s. 2(d). .
. Sub-sections (1) and (1A) were substituted for sub-section (1) by Born. 73 of 1948, s. 3. .
3 This word was substituted for the word" Provincial". by the Adaptation of Laws Order, 1950.
oj These words were substituted for the words" not exceeding two" by Mah. 27 of 1989, s. 3.
5 These words Were substituted for the words" The Board" by Mah. 18 of 1973, s. 3(1)(a). .
Power of U[Board or
Company] to direct
preparation of .and
improvement scheme and
. matter f~r which scheme
mav be prepared.
6.This portion was added, ibid., s. 3(1)(b).
7 Clause (iii-a) was inserted, ibid., s. 3(1)(c).
B Clause (viti-a) was inserted by Born. 7 of 1945,s.4(i),
1948, s. 2.
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9 This clause was inserted by Born. 73 of 1948, s. 4.
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10 This clause was inserted by Born. 38 of 1949, s. 2.
U These words were substituted for the word" Board" by Mah. 18 of 1973, s. 3(3).
read with Born. 29 of
.
=
1942 :Born. xxVIII]
Bombay Dand Improvement Schemes Act, 1942
7
, 1[(2) On such direction being issued by 2[the Board or the Company], 3[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 following 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,]
4[5. (1) The draft scheme prepared under section 4 shaH be
published by the Board or the Company in the Official Gazette, and in
the village and at the head quarters of the taluka and of the district,
in which the lands proposed to be included in the above scheme are situate.
(2) The Board or the Company shall, simultaneously with the publication of the scheme in the Official Gazette, 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 appointed by the Board, or as the case may be, to the Compariy Officer or appear before him within twenty-one days of such publication,]
5[6. (1) The Inquiry Officer G[orCompany 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 G[or,as the case may be, to the Company].
(2) The Inquiry' Officer G[orCompany Officer] may, while submittting
his report under sub-section (1), recommend any modifications which
in his opinion are required in any of the particulars contained in the scheme 7
7. [Decision of disputed claims.] Rep. by Born. 7 of 1945, s.. 6, read with Born. 29 of 1948, s. 2
8. [Report of Inquiry Officer.] Rep. by Born. 7 of 1945, s. 6 read with Born. 29 of 1948, s. 2. .
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1 Sub-section (2) was substituted by Born. 7 of 1945, s.' 4(iii), read with Born. 29 of 1948, s. 2.
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2 These words were substituted for the words" the Board" by Mah. 18 of 1973, s. 4(2) .
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3 These words were substituted for the word" Board", ibid., s. 4(3).
. Section 5 was substituted by Mah. 18 of 1973, s. 4.
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5 Section 6 was substituted by Born. 7 of 1945, s. 5.
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6 This portion was inserted by Mah. 18 of 1973, s. 5(1).
7 The words, brackets and figures" approved by the Board under sub-section (1) of section 5" were deleted, ibid., s. 5(2)(b). .
Publication of scheme and inviting objections.
Report of Inquiry Officer 6lor Company Officer].
8
Bombay Larid ImprovementSchemes Act, 1942 [1942: Born.XXVIII
Power of Board <[or
Company] to sanction scheme
1[9. (1) After consideration of the objections and the report submitted under sub-section (1) bf section 6 and of any further report 2[which the Board or Company may required the Inquiry Officer or
with or Company .officer to submit, the Board or, as the case may be, the
without modifications.
Company] may sanction the scheme with or without modifications or reject it :
Provided .that if not less than 33 per cent. of the total number of the owners of the land included. in the scheme other' than the
3[90vernment] or owners other than the 3[Government] owning in the aggregate not less than 33 per cent. of the land included in the scheme have made objections to the scheme or part thereof, 4[the Board, or as the case may be, the Company] shall submit 'the scheme to the 5[State] Government for its orders. The 5[State] Government may thereupon sanction the scheme with or without modifications or reject it. . . . .
(2) The sche~e as sanctioned under sub-section (1) shall be published
in the Official Gazette,.and in the village and at the headquarters of the 6[taluka7* *]and of the district in which the lands included in the
scheme are situate and shall on such publication be final.
Effect of 10. On the date on which the scheme is published in the Official scheme. Gazette under sub-section 8[(2)] of section 9, it shall come into force
and shall have effect as if it were enacted in this Act. .'
Power of
9[10A For the purpose of carrying out the objectS of a scheme Government which has come into force under section 10, 1°[the 5[State] Government
of 14[Board or! the Board l1[or the company] may make regulations requiring any or Company]
to make person or 12* * persons Or the public generally to take certain action
5[State]
regulations.
or to refrain from doing certain 'acts in respect of any matters supplementary and incidental to the scheme.] 13[Theregulations made by the Board or the Company shall be made in consultation with the
State Government.]
1.This section was substituted. for the original by Born. 7 of 1945, s. 7, read with Born. 29 of 1948, s.2. .
2 These words were substituted for the words" which the board may required the Inquiry Officer to submit, the Board" by Mah. 18 of 1973, s. 6{lXa).
3 This word was substituted for the word" Crown" by the Adaptation of Laws Order, 1950. .
4 These words were substituted for the words "the Board" by Mah. 18 of 1973, s. 6(1)(b).
. This word was substituted for the word" Provincial ", by the Adaptation of Laws Order, 1950. .
. These words were substituted for the word" taluka " by Born. 30 of 1958,. s. 6.
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7 The words" tahsil or rnahal" were deleted by Mah. 18 of 1973, s. 6(2).
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8 The brackets and figure "(2)" were substituted for the brackets and figures "(3)"
by Born. 7 of 1945, s. 8 read with Born. 29 of1948, s. 2. .
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9 This section was inserted by Born. 3 of 1944, s. 2 read with Born. 29 of 1948,
s. 2.
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10 These'words were inserted by Born. 70f 1945, s. 9, read with Born. 29 of 1948; . s.2.
U These words were inserted by Mah. 18 of 1973, s. 7(1).
12 The words" class' of" were deleted by.Born. 73 of 1948, s. 6.
13 This portion was added by Mah. 18 of 1973, s. 7(1).
14 These words were substituted for the wbrd "Board ", by Mah. 18 of 1973,
s.7(2).
~
, '7, . -',
1942 :Born. XXWII] Bqmbay Land lmpl'"ovement Schemes Act, 1942 9 CHAPTER III
EXECUTIOK OF THE SCHEME
1[11. (1) After a scheme has come in to force under section 10, the Power to
Board 2[01'Company, as the case may be,] shall appoint a~ 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 3[Government] 2[,01'as the caSe may be, the Company) in his land as 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
iri his land by the 3[Government] 2[,or as the case may be, the Company] at the. cost or part cost of the owner, he shall give notice in writing to that effect to the Executing Officer within twenty-one days of the publication of the scheme in the Official Gazette under section 9.
. . (4) On receipt of such notice, the Executing Officer shall inform the owner Ofthe 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 writing 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 3[Government], the Department of Government which has the control or management of such land, or the Executing Officer directed in this
. behalf by the Board or the 4[State] Government 2[01'the Company], as the case may be, shall carry out the works ~hich the 3[Government] is liable to carry out under the scheme.]
12. (1) If, in consequence of any work carried out 5* * *
under the scheme Shiny person, 'including the 3[Government] other Liabi'lity of
perons
than the owner of the land in which the work is done,] is likely to be whose land
benefited, he shall pay such amount 7[asthe 4[State] Government 8[01'are not included in
the company] may determine as contribution to the owner of the scheme to land, if the work has been carried out by the owner, or to the 4[Statc] contribution.
I This section wail substituted bv Born. 7 of 1945, s. 10 read with Ham. 29 of 1948, s. 2. . ".
2 These word were inserted by Mah. 18 of 1973, s. 8.
" The words was substituted for the word" Crown" by the Adaptation of Laws
Order, 1950.
4 This words was substituted for the word" Provincial ", ibid.
-
. The words "by the owner of any land" were deleted by Born. 7 of 1945, s. ll(i),
read with Born. 29 of 1948, s. 2.
-
. These words were substituted for the words" any' other person, including the
Crown", ibid. s. ll(ii). .
7 These words were substituted for the words" to the owner of the land as
contribution as the Board may determine" by Born. 73 of 1948,' s. 7(a) , " These words were inserted by Mah. ]8 of 1973, s. 9. .
H 4069-.2
10
Bombc:y Land Improvement Schemes Act, 1942 [1942: Born. XXVIII Government l[or the Company], if the work has been carried out by
the Executing Officer] : ?..
Provided that the ~[State] Government may excuse payment of such
contribution in whole or in part in respect of anv work carried out by
it 3[in land belonging to the 4[GovernmentJ. ~[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 C()mpany an amount equal to the amount of the contribution so excused.]-
6[(2)qThe amount sh~ll be p.,aidwithin such time~as may be specified
by the ~[State] Government 7 [ pr the Company] ]. 8. ' . .
[12A Any person who contravensesor causes any contravention of any of the provisions of a scheme which has come into force under secti-on 10, or any.ofthe regulations made under section lOA, or does any act which causes damage to any of the works carried out under
the schem~ or fails to fulfil any liability imposed upon him under section 13 [or 13-A] or sub-section lOr(4)] of section 25 u[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.]
CHAPTER IV
MAINTENANCE, REpAIR AND USE OF WORKS CARRIED OUT UNDf
[13. (1) - [In the case of any work under the scheme, wholly
carried out before the commencement of the Bombay Land Born.
Imporvement Schemes (Extension and Amendment) Act, 1958; the xxx
Executing Officer] shall prepare a statement giving for any specified of
Penalty.
Statement.
are~
th fi11 t I
...
-
e 0 OWIngpar lCUars -
(a) (i) tJ;1ework done;
(ii) the cost thereof;
1958
.
(iii) th~ total ~moun:t to be recovered from the owne~s 14[including the- rate Of interest and the amount to be recovered at such rate
and any matter incidental thereto] ;
1 These words were inserted by Mah. 18 of 1973, s.' 9.
2 This word was substituted for the word" Provincial", by the Adaptation of
. Laws Order, 1950.
-
3 These words were inserted by Bom.7 of 1945, s. l1(iv), read with Born. 29
of 1948, s. 2.
-
4 This word was substituted for the word" Crown". by the Adaptation of Laws
Order, 1950.
-
5 This portion was added by Mah. 18 of 1973, s._9(1)(b).
-
6 This subcsection'was substituted for the oringinal by Born. 73' of 1948, s. 7\b),
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7 These words were inserted by Mah. 18 of 1973, s. 9.
. This section was insserted by Bom.3 of 1944, s. 3, read with Born. 29 of 1948,
s.2. -- - 9 This word, figures and letter were inserted by Born. 30 of 1958, s. 7.
10 The brackets and figures "(4)"were substituted fol"the bracket and figures "(5)" by Born. 7 of 1945, s. 12, read with Born. 29 -of 1948, s. 2.
n The words, figures and letter" or; of section 25A" were ipserted by -Born. 51 of 1954, s. 2. -
-
12 This section was substituted for the original by Born. 70£ 1945,s. 13.
-
13 This portion was substituted for the words" The -Executing Officer" by Born.
30 of 1958, s. 8(1). > '. '4 This portion was added by Mall. 18 of 197.3, s. 10.-
A
1942 :Bom. XXVIll] Bombay Land Improvement Schemes Act, 1942
(ill) the general rate per acre or per rupee of 'assessment per annum at which such amount is to be recovered from the owners;
(iJ) the period within which such amount is to be recovered;
1[(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-divisionofa.
survey number the owner is not liable to maintain at repair work
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
~nd liabilities shown therein shall be entered in the record of rights
[or where there is no record of rights, in the presclibed 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 4[01'as the case may be, of such yillage record and of the village accounts], ' .'
5( 13-A. (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 owners in respect of the work so carried out 6[including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto ;] ,
(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 of 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) s~ch other particulars as may be prescribed.
-
1 This clause was substituted for the original by Born. 73 of 1948, s. 8.
-
2 These words were substituted for the words, figures and letter" maintained
under Chapter XA of the Bombay Land Revenue Code, 1879» by Born. 30 of 1958, s. 8(2).. ,,"
-
3 This word was substituted for the word" Provincial" ,by the Adaptation of Laws Order, 1950.
. These words were substituted 'for the words" and of the village accounts» by Born. 30 of 1958 8.8(2).
-
5 Section .13A was inserted by Born. 30 of 1958, s. 9. .
-
6 This portion was added by Mah. 18 of 1973, s. 11.
H 4069-3
.11
Executing Officer to
prepare recovery statements and entries to be made in Record
of Rights, etc.
~
12
Bombay Land Improvement Schemes Act, 1942 [1942: Bom~xxvnI (2) Mter 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 l[incIuding the rate of interest and the amount to be recovered at such rate and any matter incidental 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 recovered 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.] 2.
[14. (1) Every person shown in the statement prepared under
Obligation of persons
to maintain section 13 3[or 13-A] as liable to maintain and repair work shall, to the
and repair satisfaction of 4[the Divisional Soil Conservation Officer] s[or the . . works.
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.
-
1 This portion was added by Mah. 18 of 1973, s. 11.
-
2 This section was substituted for the original by Born. 7 of 1945, s. 14,read with
Born. 29 of 1948, s. 2.
3 This word, figures and letter were inserted by Born. 30. of 1958, s. 10.
. These words were substituted for the words" the Land Improvement Officer»
by Born. 53 of 1949, s. 3 Second Sch. . 5 This portion was inserted by Mah. 18. of 1973, s.' 12.
1942: Born. XXVIII] Bombay Land Improvement Schemes Act, 1942 13
(2) If suc~ person fails to maintain or repair the work within the time fixed by [the Divisional Spil Conservation Officer] 2[orthe Company p"fficer] under sub-section (1), [the Divisional Soil Conservation Officer)
[or the Company Officer] shall himself get the work maintained or repaired and the cost of so doing shall be recovered from the person. 3[(3) If 1[the Divisional Soil conservation Officer] 2[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) l[The Divisional Soil ConserVation Officer] 2[or the Company
Officer] shaJ.\, as soon as practicable, make report to the 4[State] Government [or Company] regarding such repair.] .
CHAPTER V
MISCELLANEOUS
5 6.
. [15. Any amount. or instalmen~ thereof [payable to the State Payment
Government under] sections 11, 12 .[or 14] which is not paid on the and
date when it becomes due under this Act ~hall be deemed to be an ~:~~~l 0 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 carrie~ out and shallb~ recoverable as such arrear by
anit of the methods [provided in the [Code].]
. o[15A. The amount or instalment thereof due from any owner in Amount
f
respect of land payable under sections 11, 12 or 14 to the Compnny due to Company to
shall [subject to the prior payment. of land revenue (if any) due to the be first State Government thereon] be a first charge upon that land to which charge on
every other charge created in respect of that land shall be postponed and may be recovered according to the provisions of section 15B.
land of defaulter.
15B.. Where any amount or any instalment thereof payable to the Recovery of
Company by or under this Act is not paid on the date ~hen it becomes money due
due-
not exceed Rs. 100, the Company Officer may send to the Collector a certificate under his hand indicating therein the. sum which is due to the Company or is claimed by the Company, as the case may be, and thereupon, the Coll~ctor shall recover the sum due or claimed as arrear of land reveue ; .
1 These words were substituted for the words" the Land Improvement Officer" by Born. 53 of 1949, s. 3 Second Sch. .
2 This portion was inserted by Mah. 18 of 1973, s'. 12. .
3 These sub-sections were added by Born. 73 of 1948, s. 9.
4 This word was substituted for the word" provincial" by the Adaptation of
Laws Order, 1950.
5 This section was substituted for the original by Born. 73 of 1948, s. 10.
6 These words were substituted for ~he words" payable under ", by Mah. 18 of'
1973, s. 13. ' .
7 The word and figures" or 14" were substituted for the figures, word and letter
"14 or 25A" by Born. 8 of 1953, s. 2. .
8 These words were substituted for the words and figures" specified in section
150 of the Bombay Land Revenue Code, 1879" by Born. 30 of 1958, s. 11.
9 This word was substituted for the words" relevant Land Revenue Act" by lVIah.
27 of 1989, s. 4.
10 Sections 15A and 15B were inserted by Mah. 18 of 1973, s. 14.
to Company as . arrears
(aY and the claim is not disputed or the amount in dispute does of land revenue.
14
Bombay Land Improvement Schemes Act, 1942 [1942: Born. XXVIII
rights of Company to the bank
in favor 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
(b) and the claiin is disputed and the amount in dispute exceeds
Rs. 100, then it shall be referred to the Tribunal constituted by the
State Government for the purpose; and the Tribunal shall_after
making such inquiry as it deems fit, and after giving to the person
by whom the amount is alleged to be payable an opportunity of
being heard, decide the question; and the decision of the Tribunal
shall be final; and thereupon the Collector shall recover the sum
determined to be due as arrear of land revenue.] 1
l15C. (1) Notwithstanding anything contained in this Act, where
Where loan
IS gIVen by any work under any scheme is to be carried out or is completed by
sche~~~~ the Company, with the help .of the funds borrowed by it from any transfer of scheduled bank and a charge IS consequently created upon any lands
for speedy 15A, shall stand -transferred to and vest in the scheduled bank-
recovery of its due
fro~ owners of
lands benefited.
...
a upon e ompany preparIng an III enm or Illa s a ement
( ) th C
under section 13A and notifying the same to the scheduled bank from which the funds are borrowed by the Company; and
(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 therefol', in 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 ~ay 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 intimation to the Talathi, or such officer 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 charge or mortagage created thereon in its favour. The Talathi or designated officer shall show in the record of rights or, 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 mortagage given. The bank shall likewise give an intimation to the Talathi or designated officer as soon as the whole amount due from any owner ceases to be outstanding, and thereupon the Talathi or designated officer shall make a suitable note in the ¥ecord of rights or the village record and accounts about release of the land from the charge or mortagage, as
the case may be.
1 Section 15C was inserted by Mah- 9 of 1980; s. 3.
t
fi I t t
-
1942: Bom.n.'VIII] Bombay Land Improvement Schemes Act, 1942
(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 where references to the scheduled bank and the Bank Ofiicer, respectively.]
16. For the purpose of preparing, sanctioning or executing any scheme 1[01'repairing or maintaining any works under any scheme], any person authorised by 2[the Board, the Collector or 3 [the Divisional Soil Conservation OfEcer]] 4[or the Company] may, after giving s11ch notice as may be prescribed to the owner, 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 empov,;ered under this Act to make an inquiry shall make the il1(~uiryin the manner provided
for holding a summary inquiry 1mder 5 [the '[Code]] and all the provisions contained in 7[the Code] relating to the holding of a summary inquiry shall, so far as may be, apply.
(2) Such authority as well as a Board shaH have the same powers for summoning and enforcing the attendance of any person and
examining him on oath and compelJing the .\?roduction of documents as are vested in the revenue officers under [the HrCode]].
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 tfmant of the land by such amount and subject to such. conditions as may be prescribed.
XVI 19. (1) Nothing in the Indian Registration Act, 1908, shall be of deemed to require the registration of any document, plan or map
1908.
XVI
of 1908.
15
.'.' 'L
innuiries
to 'be held summarily.
Permissio!1 to owners
to increase rent on account of improvements effected.
IV.?gistration of
document, plan oJr map ill connection with land improvement scheme not required.
dddhhhl prepare. , mae or sanctlOne 1n connectlOn WIt. a BC eme W lCll laS
come into force.
(2) All such documents, plans and maps shall, for the purpose of sections 48 and 49 of the Indian Registration 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 o{1945, s. 16 read with Born. 29 of 1948, s. 2.
-----------.---- --..---.--
1 These words were inserted by Born. 7 of 1945, s. 15Ci) read with Bom. 29 of 1948, s. 2.
-
2 These words were substituted for the words" the Board or the Colkdor ", by Born. 7 of 1945, s. 15(ii).
-
3 These words were substituted for the words" the Land Improvement Officer", by Born. 53 of 1949, s. 3, Second Sch.
-
4 These words were inserted bv Mah. 18 of 1973, s. 15.
0 These words were substituted for the words and ubrures "the Bombay Land
Revenue Code, 1879" by Born. 30 of 1958, s. 12(I).
-
6 This word was substituted for the words" relevant Land R.evenue Act" by Mah.
27 of 1989, s. 5 (a)(i).
-
7 These words were substituted for the words" such Act ", ibid., s. 5(a)(ii).
-
8 This word was substituted for the word" relevant Land Revenue Act" ibid.,
s. 5(b). .
(G.C.P.) H4069--4ClO,125-7-2005)
Right of entry.
16 Delegation.
servants.
Bombay Land Improvement Schemes Act, 1942 [1942: Bom.XXVTII 1[21. The 2[State] Government and subject to the control of the
2[State] Government the Collector or 3[the Divisional Soil Conservation 4
Officer] may delegate to any officer [or person] 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 Officer be public and any officer or person authorised or appointed by the Board 5[01t'he
Certain officers to'
Company], the Collector, 3[the Divisional Soil Conservation Officer] or
the 2 [State] Government under sub-section (2) of section 4, sub-section
(1) of section 11, 6* * * section 16, 7[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 Penal Code. ~rV
Protection 23. (1) No suit, prosecution or other legal proceedings shall be 1860. ofpersons.. . ' .
actingin mstItu ted agaInst any publICservan t or person duIy aut hoose d under
good fai~ this Act in respect of anything in good faith done or intended to be lirnitationanodfone under this Act or the rules made thereunder.
1ro~~~~~i:-: (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.
~owe\ to 24. (l) The 2[State] Government may, by notification published in ma e ru es. the Official Gazette, make rules for the purpose of carrying into effect
the provisions of this Act.
(2) In particular and without prejudice to the generality of the . foregoing power, such rules may be made to determine the following
matters, namely :-
8[(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 ;
9[(iii) other particulars to be prescribed under sub-sections (1)
and (2) of section 13-A ; .
(iii-a) the manner in which the rights and liabilities shown in the statements prepared under sections 13 and 13-Ashall be entered in the record of rights or village record and in the village accounts ;]
1 This section was substituted for the original by Born: 73 of 1948, s. 11.
-
2 This word was substituted for the word" Provincial" by the Adaptation of Laws
Order, 1950.
-
3 These words were substituted for the words" the Land Improvement Officer"
by Born. 53 of 1949, s. 3, Second Sch.
-
4 These words were inserted by Mah. 5 of 1962, s. 286, Tenth Sch.
5 These words were inserted by Mah. 18 of 1973, s. 16.
. The words, brackets and figures" sub-section (2) of section 12" were deleted
by Born. 53 of 1949, s. 2., First Sch.
7 The word and figures" section 21 " were inserted by Born. 73 of 1948, s. 18.
. Clauses (i) to (vi) were substituted for the original clauses (i) to (viii) by Born. 7 of 1945, s. 19, read with Born. 29 of 1948, s. 2.
9 Clauses (iii) and (iiia) were substituted for clause (iii) by Born. 30 of 1958, s.13.
l1li"'"
-1942: Born. XXVIll] Bombay Land Improvement Schemes Act, 1942 17 (iv) the manner of giving notice under section 16;
(v) the manner in which documents, plans and maps shall be made accessible to the public under section 19;
1* * * * * * * *
(3) The rules made under this section shall be subject to the condition of previous publication.
2[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State. Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of D{)effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule].
3[25. (1) Notwithstanding anything contained in this Act, the State Power of
Government may direct the preparation of a scheme providing for any ~~~~rnrnent
of the matter specified in sub-section (1) of section 4 in any area in the. to direct. II . I . .. preparation
fo OWIng cases, name y .- of scherne
(i) where the State Government \ the Company] or any trust ~irc~~~ces. contributes 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;
5* * * * * * * *
(iv) if in the opinion of the State Government land imporvement 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;
(v) if in the opinion of the State .Government the scheme is necessary in the interest of the public.
(2) Along with such direction or any time thereafter, the State Government may authorise the Board to appoint an officer to prepare, in accordance with such instructions as the board may issue, a draft scheme containing the particulars 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.
1 Clause (vi) was deleted by Born. 8 of 1953, s. 3.
I Sub-section (4) was inserted by Mah. 26 of 1977, s. 2.
3 Section 25 was substituted for the original sections 25 and 25A by Born. 8 of
1953, s. 4.
4 This portion was inserted by Mah. 18 of 1973, s. 18(1). 6 Clause .(iii) was deleted by Born. 51 of 1954, s. 3.
H 406!}-4a
18
Bombay Land Improvement Schemes Act, 1942 [1942: Born. XXVIII!
Power of
Govern~:~~
to direct preparatiOn
and
(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 beim carried out for the purposes
of a scheme under this section be liable, pending the preparation of
the statement under section 13 l[or 13-A] to maintain the work to the
satisfaction of the Divisional Soil Conservation Officer 2[or Company
Officer] and repair it to his satisfaction within such time 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.]
3[25A. (1) Notwithstanding anything contained in this Act, if the State Government 4[is of opinion that a state of scarcity prevails] or is likely to prevail in any area, 5[or that it is necessary to provide
'
. ' "' 6
'
sm a ewor 0re leve rura unemp oyment m any area, or a I
tblkt1 I 1 ][thtt is necessary in the public interest to carry out immediately any work
execution
ofscheme fId. t.
t. f declared.to kind whatsoever] it may make a declaration to that effect, Such
l.' '
'[ in area 0 an lmprovemen III any area lor mee mg an emergency 0 any
be s~~:c~tr:declaration shall be published in the Official Gazette. On the publication of such declaration, the State Government may direct the Collector
7 [or the Company] to .ap~oint an officer as the Executing Officer for the purpose ofimmediately [constructing embankments, water courses or
any work of land improvement in such villages or areas as may be specified], Such direction shall also require the Board 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 9[or areas].
scheme, including therein all the works ll[undertaken by the Executing Officer] under sub-section (1), and other works in accordance with such instruction as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such 12[Officer}shall prepare
a draft scheme accordingly and submit it to the Board for its approval. .
I 2 3 .
5 6 7 8
, 9
10 ,
II
12
The word, figures and letter" or 13-A" were inserted by Born, 30 of 1958, s, 14, These words were inserted by Mah. 18 of 1973, s. 17(2).
Sections 25A and 25B were inserted by Born. 51 of 1954, s. 4.
These words were substituted by G.N., A, and F.D., No. SCS. 1564-11I-8062-
F, dated 28th October 1964.
These words were inserted by Born, 30 of 1958, s, 15(1).
These words were inserted by Mah, 44 of 1972, s, 2,
These words wel'e inserted by Mah. 18 of 1973, s, 18(1),
These words were substituted for the words" constructing embankments in such villages as may be specified" by Mah, 44 of 1972, s. 2.
These words were inserted, ibid. .
These words were substituted of the words .'" Executing Officer" by Mah. 18 of 1973, s, 18(2)(a). .
These words were substituted for the words" undertaken by him", ibid. s. 18(2)(b). . .
This word was substitu~d for the words" Executing Officer", ibid., s. 18(2)(c).
(2) On the issue of a direction under sub-section (1), the board shall
ro
ask the [Officer appointed by it for the purpose] to prepare a draft
"
r- ,
1942: Born. xxvm] Bombay Land Improvement Schemes Act, 1942 19
(3) The draft scheme submitted to the Board may be approved by it
without modification, or with such modifications as shall not affect the
work carried out by the Executing Officer under sub-section (1). The
scheme so approved by thel Board shall be published in the Official Gazette and in the village [or areal in which the lands included in
the scheme ar~ situate. On the date on which the scheme is published in the village [or area], it shall come into force and shall have effect as if it were enacted in this Act. The provisions of section lOA 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 J?e liable, pending the
preparation of the statement under section 13 [or 13-A], to maint.P.in the work to the satisfaction of Divisional Soil Conservation Officer [or
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 owner's liability under this section.
25B. If upon an application made by. the Board, the State Government is satisfied that4 it is necessary so to do, the State Powek to
Government may, at any time [after consulting with the Company, if ~~h~mee. necessary,] 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 sh~~p also q,e published in the village and at the headquarters of the [taluka * *] and of the district in which the lands included in such scheme are situate.
26. The expenditure incurred by the 7[State] Government in pursuance of anything done under this Act shall be charged on the
[Consolidated Fund of the State).
Expenditure incurred by 7[StateJ Government to be
charged on 8[ Consolidated Fund of State!.
9[26A. Where rights and liabilities of the State Government in Effect of
relation to the recovery of costs or part cost of the works carried out transfer of rights and. liabilities
.ul).der any scheme frqlP..any o~ners of lands included in such scheme of Government stand transferred to [an Agncultureand Rural Development Bank] to "[ Agriculture
. 3 . 5
" 7
8 . 9 10
These words were inserted by Mah. 18 of 1973, s. 18(3).
These words were inserted, ibid., s. 19(1).. .
These words were substituted for the word" taluka " by Born. 30 of 1958, s. 16. The words" tahsil or mahal", were deleted by Mah. 18 of 1973, s. 19(2). This word was substituted for the word" Provincial" by the Adaptation of Laws Order, 1950.
These words were substituted for the words" Revenues of the' State" by Born. 30 of 1958, s. 17.
Section 26A was inserted by Mah. 35 of 1969, s. 3.
These words were substituted for the words" a Land Development Bank", by Mah. 27 of 1989, s. 6(a).
1 These words were inserted by Mah. 44 of 1972, s. 2.
. These words were insrted by Born. 30 of 1958, s. 15(1).
11 These words were substituted for the words" Land Development Bank", ibid., s. 6(b).
and Rural Develoument Bank j
20
Bombay Land Improvement Schemes Act, 1942 [1942: Born. XXVIII
PowET of Govern~:~~
under section 143A ofthe Maharashtra Co-operative Societies Act, 1960, Mah. then notwithstanding anything contained in this Act, every such owner ~IV of land shall pay the amount recoverable from him under this Act to 1961. such Bank; the amount of such cost or part cost shall be paid by, and' recov:ered from such owners of lands in accordance with the provisions
of section 143A of the Maharashtra Co-operative Societies Act, 1960, Mah. and the rights and liabilities transferred to the Bank shall be entered ~IV i:tlthe records referred to in sub-section (2) of section 13 or as the case 1961. may be, sub-section (3) of section 13A.]
1[2GB. (1) Notwithstanmng anything contained in this Act, the State Government may, by notification published in the Official Gazette,
to transfer
schemesto d . 10 b. h d d'.. 1'< d
transfer to the Company such schemes which have come into force Company. un er sectIOn, su ~ectto suc terms an con ltIons mutuallY agree
upon between the State Government and the Company (including any condition regarding giving of any guarantee by the State Government) . as may be specified in the notification.
(2) On transfer of the schemes to the company under sub-section (1),-
(a) where any work or part thereof under any such schemes is carried out or to be carried out at the cost or part cost of the State Government, and such cost is to be recovered from the owners of lands (other than Government) included in the schemes as shown in the statement prepared under section 13 or in the' interim or final statement prepared under section 13A, then the rights and liabilities of the 'State Government under this Act and the rules and
regulations made thereunder for the recovery of such cost or part cost from the owners of lands shall, with effect from the date
specified in such notification, stand transferred to the Company in relation to such owners of lands;
(b) the Company shall pay to the State Government an amount equal to the cost or part cost of the schemes transferred as aforesaid;
(c) the State Government shall inform the owners of lands concerned of such transfer of rights and liabilities;
(d) the owners of lands shall pay to the Company the amount or balance of the amount, as the case may be, which is to be recovered from them as aforesaid; and
(e) any payments made to the Company accordingly shall discharge the owners of lands of their liability to make payment to the State Government under such schemes.
(3) Save as provided in sub-section (2), all the provisions ofthis Act shall apply in relation to the schemes transferred to the Company under sub-section (2) as those provisions apply in relation to schemes prepared and executed by the Company under this Act.]
1 Inserted by Mah. 43 of 1976, s. 2.
~-
1942: Born. XXVIII] Bombay Land Improvement Schemes Act, 1942 21
1[27. All Boards constituted for a division under section 3 shall be Savings. dissolved on the day on which the new Boards shall be constituted
Born. under section 3 as amended by the Bombay Land Improvement Schemes
~. 1948.
-
~ cf
~ Hyderabad Land Improvement Act, 1953, and the Saurashtra Land of Improvement Schemes Act, 1954, shall subject to the provisions of
1958. sub-sections (2) to (5) stand repealed.
HA~t (2) Every Board constituted for a district under any of the Acts so XIX repealed shall be dissolved and the member thereof shall vacate office
195~:'on the day on which a new Board is constituted for such district under Sau. section 3 of this Act:
£r~ Provided that anything done or action taken (including any direction of briven, any draft scheme aproved or published, appointments made, 1954. any schemes submitted for sanction,or regulationB made) by the first
. mentioned Board shall be deemed to have been lawfully done, taken, made, issued, approved, published or submitted by such new board under this Act and the provisions of this Act shall apply thereto and any scheme sanctioned under any of the Acts so repealed and to be executed by the first mentioned Board shall be executed by the new Board in accordance with the provisions of this Act.
(3) Any statement prepared and entries made in the record of rights and in the village accounts or other record under any of the Acts so repealed shall be deemed to have been prepared and made under the
.corresponding provision of this ACt.
1 Sections 27, 28 and 29 were added by Born. 73 of 1948, s. 13.
2 This word was substituted for the word" Provincial" by the Adaptation of laws Order, 1950.
3 Section 28A was inserted by Born. 30 of 1958, s. 18.
(Amendment) Act, 1948 : .
Provided that any direction issued, appointments made, scheme
sanctioned, regulation made and all things, done by the first mentioned Board shall be deemed h) have been lawfully issued, made, sanctioned or done and any scheme so sanctioned shall be executed by the new Board constituted as aforesaid in the district in which the land in respect of which such scheme is made is situate:
. Provided further that if such land is situate within the limits of more than one district the 2[State] Government shall decide which of the Boards shall ex~cute the scheme in respect thereof.
Validation of 28. Notwithstanding anything contained in this Act, the Board constitution
constituted, any directions issued, appointments made, scheme and acts of approved, regulations made and, all things done by or on behalf of the Board.
Board before the date on which the Bombay. Land Improvement
Schemes (amendment) Act, 1948, came into force shall be deemed to 1948. be and to have always been validly constituted, issued, made, approved or done and shall not be deemed to have invalidly constituted, issued,
made, approved or done by reason only of the fact that the Agricultural Commissioner or the Director of Agricultural Engineering acted as a member of the Board before the said date.
3[ 28A. (1) On and from the commencement of the Bombay Land Repeal and
Improvement Schemes (Extension and Amendment) Act, 1958, the
saving
22
Bombay Land Improvement Schemes Act, 1942 [1942 :Born. XXVllI
Saving of Khar lands.
had not been passed.
(5) Any appointment, notification, order, rule, notice, report or
delegation made or issued under any of the Acts so repealed shall continue in force in so far as such appointment, notification, order, rule, notice, report or delegation is not inconsistent with the provisions of this Act, until. it is superseded by an appointment, notification, order, rule, notice, report or delegation made, or issued under this Act.]
29. Nothing in this Act shall apply to Khar lands in respect of
(4) Any right, privilege, obligation or liability acquired, accrued or incurred under any such scheme or statement or under any other provisions of any of the Acts so repealed shall continue as if acquired, a.ccrued or incurred under this Act and the same may be enforced in accordance with the provisions of this Act :
Provided that where any' act committed prior to the repeal of the Sau.
Sa,urashtta ~and Improvement Schemes Act, 1954 was an offence ~
punishable under section 13 of that Act, any proceeding in r~spect of
~~58.
thereof may be instituted, continued, or disposed of as if the Bombay
Land Inwrovement Schemes (Extension and Amendment) Act, 1958 XXX
which a scheme is or has been sanctioned l[or deemed to be made Mah.
under the Maharashtra Khar Lands Development Act, 1979.] XI of 1979.
1954. Bom.
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