{ "id": 628, "slug": "gujarat-land-improvement-schemes-act-1942", "title": "THE GUJARAT LAND IMPROVEMENT SCHEMES ACT, 1942.", "short_title": "The Gujarat Land Improvement Schemes Act, 1942", "act_number": "XXVIII", "act_year": 1942, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Gujarat Land Improvement Schemes Act, 1942", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "An act to provide for the making and execution of schemes relating to the\nconstruction of tanks, embankments and other works, the prohibition and control of grazing\nfor the purposes of preservation of soil, prevention of soil erosion, improvement of water\nsupply and other matters in order thereby to protect and improve lands and crops in the\nProvince of Bombay and for charging certain expenditure on the revenues of the Province.\n\nWHEREAS it is expedient to provide for the making and execution of schemes\nrelating to the construction of tanks, embankments and other works, the prohibition and\ncontrol of grazing for the purposes of preservation of soil, prevention of soil erosion,\nimprovement of water supply and other matters in order thereby to protect and improve lands\nand crops in the Province of Bombay and for charging certain expenditure on the revenues of\nthe Province:\n\nAND WHEREAS the Governor of Bombay has assumed to himself under the\nProclamation dated the 4th November 1939 issued by him under section 93 of the\nGovernment of India Act, 1935, all powers vested by or under the said Act in the Provincial\nLegislature;\n\nNow, THEREFORE, in exercise of the said powers, the Governor of Bombay is\npleased to make the following Act :-", "footnote": "1 These Acts were repealed and re-enacted by Bom. 29 of 1948, s. 2.\nFor Statement, see Bombay Government Gazette, 1943, Part IV, Page 44.\n2 For retrospective operation of this Act, see section 22, Bom. 7 of 1945.", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "Section 1(1)", "chapter": null, "content": "(1) This Act may be called the 2\"[Gujarat] Land Improvement Schemes Act, 1942.", "footnote": "2ยช The word \"Gujarat\" was substituted for the word \"Bombay\" by Guj. 15 of 2011, s. 3.", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1(2)", "chapter": null, "content": "3[(2) It shall extend to the whole of the [State of Gujarat.]]", "footnote": "3 This sub-section was substituted by Bom. 30 of 1958., s. 3(1).\nThese words were substituted for the words \"State of Bombay\" by the Gujarat Adaption of Laws (State and Concurrent Subjects) Order, 1960.\nThis word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.", "is_definition": false, "sort_order": 20 }, { "number": "1", "title": "Section 1(3)", "chapter": null, "content": "(3) It shall come into force in such area and on such date as the [State] Government\nmay, by notification in the Official Gazette, direct:\n\nProvided that on the commencement of the Bombay Land Improvement\nSchemes (Extension and Amendment) Act, 1958, it shall come into force at\nonce in those areas in which 7[**] the Saurashtra Land Improvement\nSchemes Act, 1954 was in force immediately before such commencement.", "footnote": "This Proviso was added by Bom. 30 of 1958, s. 3(2).\n7 The words \"the Hyderabad Land Improvement Act, 1953 or as the case may be\" were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.", "is_definition": false, "sort_order": 30 }, { "number": "2", "title": "Section 2", "chapter": null, "content": "2. In this Act, unless there is anything repugnant in the subject or context,-", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "2", "title": "Section 2(1)", "chapter": null, "content": "(1) \"Board\" means a Board constituted under section 3;", "footnote": "", "is_definition": true, "sort_order": 50 }, { "number": "2", "title": "Section 2(1A)", "chapter": null, "content": "\"Collector\" includes a Deputy Commissioner;]", "footnote": "8 This clause was inserted by Bom. 30 of 1958, a. 4(1).", "is_definition": true, "sort_order": 60 }, { "number": "2", "title": "Section 2(1B)", "chapter": null, "content": "\"Company\" means the Gujarat State Land Development Corporation\r\nLimited, and any other company owned or controlled by the State, the\r\npurpose of which is execution or financing or both execution and financing of\r\nthe schemes under this Act;", "footnote": "9 Clauses (1B) and (1C) were inserted by Guj. 26 of 1981, s. 4(1).", "is_definition": true, "sort_order": 70 }, { "number": "2", "title": "Section 2(1C)", "chapter": null, "content": " \"Company Officer\" means any officer of the Company duly appointed\r\nby it for all or any of the purposes of this Act:]", "footnote": "9 Clauses (1B) and (1C) were inserted by Guj. 26 of 1981, s. 4(1).", "is_definition": true, "sort_order": 80 }, { "number": "2", "title": "Section 2(2)", "chapter": null, "content": "\"Director of Agriculture\" means the officer appointed for the time being to be\r\nthe Director of Agriculture and includes any officer appointed by the [State]\r\nGovernment to perform the duties of the Director of Agriculture under this Act;", "footnote": "10 Clauses (2), (2A) and (2B) were substituted for a Clause (2) by Bom. 73 of 1948, s. 2.\r\n11 This word was substituted for the word \" Provincial\" by the Adaptation of Laws Order, 1950.", "is_definition": true, "sort_order": 90 }, { "number": "2", "title": "Section 2(2A)", "chapter": null, "content": "\"Divisional Soil Conservation Officer\" means the officer appointed for\r\nthe time being to be the Divisional Soil Conservation Officer [and includes\r\nany other officer authorised by the State Government to exercise the powers\r\nand perform the duties of a Divisional Soil Conservation Officer under this\r\nAct];", "footnote": "12 These words were inserted by Guj. 25 of 1963, s. 2.", "is_definition": true, "sort_order": 100 }, { "number": "2", "title": "Section 2(2B)", "chapter": null, "content": "\"District Agricultural Officer\" means the officer appointed for the time\r\nbeing to be the District Agricultural Officer;]", "footnote": "", "is_definition": true, "sort_order": 110 }, { "number": "2", "title": "Section 2(2C)", "chapter": null, "content": "\"Executing Officer\" means an officer appointed by the Board or the\r\nCompany under sub-section (1) of section 11 and shall be construed\r\naccording as the schemes are executed at the expense of the State Government\r\nor the Company;]", "footnote": "13 Clause (2C) was substituted by Guj. 26 of 1981, s. 2(2).", "is_definition": true, "sort_order": 120 }, { "number": "2", "title": "Section 2(3)", "chapter": null, "content": " \"Inquiry Officer\" means an officer appointed as such by the Board;", "footnote": "", "is_definition": true, "sort_order": 130 }, { "number": "2", "title": "Section 2(4)", "chapter": null, "content": "'Owner' includes an owner in severalty, in common or joint, an occupant, a\r\ntenure holder, pattadar, tenant, and a mortgagee in possession and the expressions\r\n'owning' and 'own' shall be construed accordingly;]", "footnote": "14 This clause was substituted for the original by Bom. 30 of 1958, s. 4(2).", "is_definition": true, "sort_order": 140 }, { "number": "2", "title": "Section 2(5)", "chapter": null, "content": "\"prescribed\" means prescribed by rules made under this Act;", "footnote": "", "is_definition": true, "sort_order": 150 }, { "number": "2", "title": "Section 2(5A)", "chapter": null, "content": "\"Code\" means the Bombay Land Revenue Code, 1879;]", "footnote": "15 Clauses (5A) and (5B) were inserted by Bom. 30 of 1958, s. 4(3).\r\n16 Clause (5A) was substituted by Guj. 26 of 1981, s. 2(3).", "is_definition": true, "sort_order": 160 }, { "number": "2", "title": "Section 2(5B)", "chapter": null, "content": " \"relevant tenancy law\" means-\r\n(i) in the pre-reorganisation State of Bombay, excluding the\r\ntransferred territories, the Bombay Tenancy and Agricultural Lands\r\nAct, 1948;\r\n17[ * * * * * * * * * *]\r\n(iv) in the Saurashtra Area of the State of Bombay, the Saurashtra\r\nProhibition of Leases of Agricultural Lands Act, 1953 and the\r\nSaurashtra Gharkhed, Tenancy Settlement and Agricultural Lands\r\nOrdinance, 1949;\r\nand\r\n(v) in the Kutch Area of the State of Bombay, the Bombay Tenancy\r\nand Agricultural Lands Act, 1948 as extended to that area;]\r\n18[***]", "footnote": "17 Sub-clauses (ii) and (iii) of clause 5(B) were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.\r\n18 Clause (6) was deleted by Bom. 53 of 1949, s. 2, First Schedule.", "is_definition": true, "sort_order": 170 }, { "number": "2", "title": "Section 2(7)", "chapter": null, "content": "\"Scheme\" means a land improvement scheme prepared under this Act;", "footnote": "", "is_definition": true, "sort_order": 180 }, { "number": "2", "title": "Section 2(7A)", "chapter": null, "content": "\"Soil Conservation Officer\" means the officer appointed for the time\r\nbeing to be the Soil Conservation Officer ;]", "footnote": "19 Clause (7A) was inserted by Bom. 73 of 1948, s. 2(d).", "is_definition": true, "sort_order": 190 }, { "number": "2", "title": "Section 2(7B)", "chapter": null, "content": "'tenant' means a tenant within the meaning of the relevant tenancy\r\nlaw:]", "footnote": "20 This clause was substituted by Bom. 30 of 1958, s. 4(4).", "is_definition": true, "sort_order": 200 }, { "number": "2", "title": "Section 2(8)", "chapter": null, "content": "(8) the words and expressions used in this Act, but not defined, shall have the\r\nmeaning assigned to them in 21 [the Code.]", "footnote": "21 These words were substituted for the words \"the relevant Land Revenue Act\" by Guj. 26 of 1981, s. 2(4).", "is_definition": true, "sort_order": 210 }, { "number": "3", "title": "Section 3(1)", "chapter": null, "content": "22[(1) The 23 [State] Government shall constitute in each district a Board consisting of\nthe Collector, the District Agricultural Officer, the Divisional Soil Conservation\nOfficer and such non-official persons not exceeding two as may be appointed by the\n23 [State] Government.", "footnote": "22 Sub-sections (1) and (1A) were substituted for sub-section (1), by Bom, 30 of 1958, s. 4(5).\n23 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order' 1950.", "is_definition": false, "sort_order": 220 }, { "number": "3", "title": "Section 3(1A)", "chapter": null, "content": "(1A) The Divisional Soil Conservation Officer shall be the Secretary of the\nBoard.]", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "3", "title": "Section 3(2)", "chapter": null, "content": "(2) If there is a difference of opinion among the members of the Board regarding any\nquestion under the provisions of this Act, the decision of the majority of the members\nshall prevail.", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "4", "title": "Section 4(1)", "chapter": null, "content": "(1) The Board 24[or the Company] may direct the preparation of a land improvement\nscheme for any area within its jurisdiction.\nA scheme may make provision for any of the following matters, namely:-\n(i) preservation and improvement of soil;\n(ii) prevention of erosion of soil;\n(iii) improvement of water supply 25 [including the construction or improvement of wells and other underground water resources and exploitation of those resources.]\n26[(iia) development of land for better utilisation of the irrigation potential to be specified in the scheme;]\n(iv) introduction of dry farming methods;\n(v) improvement in the methods of cultivation;\n(vi) reclamation of water-logged land or of land from the sea;\n(vii) prohibition or control of grazing;\n(viii) control and maintenance of tree growth;\n27[viia] regulation or prohibition of firing of vegetation;]\n28[(viib) cultivation of waste or fallow land;]\n29[(viic) eradication of hariyali or any other kind of weed or vegetation which is likely injuriously to affect, or interfere with cultivation;]\n(ix) such other matters not inconsistent with the objects of this Act as may be prescribed.", "footnote": "24 These words were inserted by Guj, 26 of 1981, s. 3(1)(i)\n25 These words were inserted, by Guj. 26 of 1981, s. 3(1)(ii).\n26 Item (iiia) was inserted, by Guj. 26 of 1981, s. 3(1)(iii).\n27 Clause (viii-a) was inserted by Bom. 7 of 1945, s. 4(i) read with Bom. 29 of 1948, s. 2.\n28 This clause was inserted by Bom. 73 of 1948, s. 4.\n29 This clause was inserted by Bom. 38 of 1949, s. 2.", "is_definition": false, "sort_order": 250 }, { "number": "4", "title": "Section 4(2)", "chapter": null, "content": "30[(2) On such direction being [issued by the Board or the Company, the Board or\nthe Company] shall appoint an officer to prepare, in accordance with such\ninstructions as it may issue, a draft scheme containing the following particulars,\nnamely:-\n(i) the objects of the scheme;\n(ii) the approximate area of the lands to be included in the scheme;\n(iii) the work or kind of work to be carried out under the scheme;\n(iv) the agency or agencies through which the work shall be carried out;\n(v) such other particulars as may be prescribed.]", "footnote": "30 Sub-section (2) was substituted by Bom. 7 of 1945, s. 4(iii), read with Bom. 29 of 1948, s. 2.\nThese words were substituted for the words \"issued by the Board, the Board\" by Guj. 26 of 1981, s. 3(2).", "is_definition": false, "sort_order": 260 }, { "number": "5", "title": "Section 5(1)", "chapter": null, "content": "32[5. 33[(1) The draft scheme prepared under section 4 shall be submitted by the officer\nappointed by the Board or the officer appointed by the Company to the Board or, as\nthe case may be, to the Company, and the Board or, as the case may be, the Company\nshall either approve the scheme with or without modifications or reject it and where\nthe Board approves the scheme it shall appoint an Inquiry Officer.]]", "footnote": "32 Sections 5 and 6 were substituted for the original sections by Bom. 7 of 1945, s. 4(iii), read with Bom. 29 of 1948, s. 2.\n33 Sub-section (1) was substituted by Guj. 26 of 1981, s. 4(1).", "is_definition": false, "sort_order": 270 }, { "number": "5", "title": "Section 5(2)", "chapter": null, "content": "(2) The scheme approved by the Board 34[or the Company] under sub-section (1)\nshall be published in the Official Gazette and in the village and at the headquarters of\nthe [taluka, tahsil] or mahal and of the district in which the lands proposed to be\nincluded in the scheme are situate.", "footnote": "34 These words were inserted, by Guj. 26 of 1981, s. 4(2).\n35 These words were substituted for the word \"taluka\" by Bom. 30 of 1958, s. 5.", "is_definition": false, "sort_order": 280 }, { "number": "5", "title": "Section 5(3)", "chapter": null, "content": "38[(3) The Board 36[or the Company] shall, 37[simultaneously with the publication of the\nscheme in the village] under sub-section (2)] require all persons affected by the\nscheme who wish to make any objections to the scheme or part thereof to submit their\nobjections in writing to the Inquiry Officer 39 [or as the case may be, the Company\nOfficer] or appear before him, within [seven days] of 40[such publication.]", "footnote": "36 These words were inserted by Guj. 20 of 1981, s. 4(3)(1).\n37 These words, brackets and figure were substituted for the words \"on publication of the Scheme\" by Bom. 73 of 1948, s. 5(a).\n38 This word was substituted for the words \"Official Gazette\" by Guj. 25 of 1963, s.3.\n39 These words were inserted by Guj. 26 of 1981, s. 4(3)(ii).\n40 These words were substituted for the words \"twenty-one days\" by Guj. 25 of 1963, s. 3.\nThese words were substituted for the words \"the publication of the Scheme in the Official Gazette under sub-section (2)\" by Bom. 73 of 1948, s. 5(a).", "is_definition": false, "sort_order": 290 }, { "number": "6", "title": "Section 6(1)", "chapter": null, "content": "6. (1) The Inquiry Officer 42[or, the Company Officer] shall hear such objections as are\nmade to him in person, consider all objections duly submitted under section 5 and\nsubmit his report together with the objections to the Board 43[or as the case may be,\nto the Company.]", "footnote": "42 These words were inserted by Guj. 26 of 1981, s. 5(1)(i).\n43 These words were inserted Guj. 26 of 1981, s. 5(1)(ii).", "is_definition": false, "sort_order": 300 }, { "number": "6", "title": "Section 6(2)", "chapter": null, "content": "(2) The Inquiry Officer 44[or, the Company Officer] may, while submitting his report\nunder-sub-section (1) recommend any modifications which in his opinion are\nrequired in any of the particulars contained in the scheme approved by the Board 45 [or\nthe Company] under sub-section (1) of section 5.]", "footnote": "44 These words were inserted by Guj. 26 of 1934, s.5(2)(i).\n45 These words were inserted, Guj. 26 of 1934, s.5(2)(ii).", "is_definition": false, "sort_order": 310 }, { "number": "7", "title": "Section 7", "chapter": null, "content": "7. [Decision of disputed claims.] Rep. by Bom. 7 of 1945, s. 6, read with Bom, 29 Of 1948,s.2.", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "8", "title": "Section 8", "chapter": null, "content": "8. [Report of Inquiry Officer.] Rep. by Bom. 7 of 1945, s. 6 read with Bom. 29 of 1948 s. 2.", "footnote": "", "is_definition": false, "sort_order": 330 }, { "number": "9", "title": "Section 9(1)", "chapter": null, "content": "46[9. (1) After consideration of the objections and the report submitted under sub-section\n(1) of section 6 and of any further report [which the Board or the Company may\nrequire the Inquiry Officer or Company Officer to submit to, the Board or, as the case\nmay be, the Company] may sanction the scheme with or without modifications or\nreject it:\n\nProvided that if not less than 48[49 per cent] of the total number of the owners\nof the land included in the scheme other than the [Government] or owners other than\nthe [Government] owning in the aggregate not less than 48[49 per cent] of the land\nincluded in the scheme have made objections to the scheme or part thereof, the Board\n50[or, as the case may be, the company] shall submit the scheme to the [State]\nGovernment for its orders. The [State] Government may thereupon sanction the\nscheme with or without modifications or reject it.", "footnote": "46 This section was substituted for the original by Bom. 7 of 1945, s. 7 read with Bom. 29 of 1948, s. 2.\n47 These words were substituted for the words \"which the Board may require the Inquiry Officer to submit, the Board\" by Guj. 26 of 1981, s. 6(1).\n48 These figures and words were substituted for the figures and words \"33 per cent.\" by Guj. 25 of 1963, s. 4.\nThis word was substituted for the word \"Crown\" by the Adaptation of Laws Order, 1950.\n50 These words were inserted by Guj. 26 of 1981, s. 6(2).\n51 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.", "is_definition": false, "sort_order": 340 }, { "number": "9", "title": "Section 9(2)", "chapter": null, "content": "(2) The scheme as sanctioned under sub-section (1) shall be published in the Official\nGazette, and in the village and at the headquarters of the [taluka, tahsil] or mahal\nand of the district in which the lands included in the scheme are situate and shall on\nsuch publication be final.]", "footnote": "52 These words were substituted for the word \"taluka\" by Bom. 30 of 1958, s. 6.", "is_definition": false, "sort_order": 350 }, { "number": "10", "title": "Section 10", "chapter": null, "content": "10. On the date on which the scheme is published in the [village] under sub-\nsection 54[(2)] of section 9, it shall come into force and shall have effect as if it were\nenacted in this Act.", "footnote": "53 This word was substituted for the words \"Official Gazette,\" by Guj. 25 1963, s. 5.\n54 These brackets and figure were substituted for the brackets and figures \"(3)\" by Bom. 7 of 1945, s. 8, read with Bom. 29 of 1948, s. 2.", "is_definition": false, "sort_order": 360 }, { "number": "10A", "title": "Section 10A", "chapter": null, "content": "55[10A. 56[For the purpose of carrying out the objects of a scheme which has come into force\nunder section 10-\n(a) the State Government, or\n(b) the Board or the Company, in consultation with the State Government, may make.]\nregulations requiring any person or 57[* * *] persons or the public generally to take\ncertain action or to refrain from doing certain acts in respect of any matters\nsupplementary and incidental to the scheme.]", "footnote": "55 This section was inserted by Bom. 3 of 1944, s. 2, read with Bom. 29 of 1948, s. 2.\n56 This portion was substituted for the portion beginning with the words \" for the purpose of and ending with the words\" the Board may make\" by Guj. 26 of 1981, s. 7.\n57 The words \"class of\" were deleted by Bom. 73 of 1948, s. 6.", "is_definition": false, "sort_order": 370 }, { "number": "11", "title": "Section 11(1)", "chapter": null, "content": "58[11. (1) After a scheme has come into force under section 10, the Board 59[or, as the case\nmay be, the Company] shall appoint an officer to execute it.", "footnote": "58 This section was substituted for the original by Bom. 7 of 1946, B. 10, read with Bom. 29 of 1948, s. 2.\n59 These words were inserted by Guj. 26 of 1981, s. 8(1).", "is_definition": false, "sort_order": 380 }, { "number": "11", "title": "Section 11(2)", "chapter": null, "content": "(2) Every owner of land included in the scheme shall pay the costs or part costs, as\nthe case may be of the works which under the scheme are carried out by the\n60[Government] [or, as the case may be, the Company] in his land at the cost or part\ncost of the owner.", "footnote": "60 This word was substituted for the word \"Crown\" by the Adaptation of Laws Order, 1950.\n61 These words were inserted by Guj. 26 of 1981, s. 8(2).", "is_definition": false, "sort_order": 390 }, { "number": "11", "title": "Section 11(3)", "chapter": null, "content": "(3) If any owner of the land included in the scheme desires to carry out himself any\nworks which under the scheme are to be carried out in his land by the 60[Government]\n[or, as the case may be, the Company] at the cost or part cost of the owner, he shall\ngive notice in writing to that effect to the Executing Officer within [seven days] of\nthe publication of the scheme in the [village] under section 9.", "footnote": "62 These words were inserted by Guj. 26 of 1981, s. 8(3).\n63 These words were substituted for the words \"twenty-one days\" by Guj. 25of 1963, s. 6.\n64 This word was substituted for the words \"Official Gazette\", by Guj. 25of 1963.", "is_definition": false, "sort_order": 400 }, { "number": "11", "title": "Section 11(4)", "chapter": null, "content": "(4) On receipt of such notice, the Executing Officer shall inform the owner of the\nworks which are to be carried out in his land, and shall fix the date before which the\nowner shall carry out the works.", "footnote": "", "is_definition": false, "sort_order": 410 }, { "number": "11", "title": "Section 11(5)", "chapter": null, "content": "(5) If such owner fails to carry out any work to the satisfaction of the Executing\nOfficer before the date fixed by him or at any time expresses in writing to the\nExecuting Officer his inability to do so, the Executing Officer may himself get the\nwork carried out and the expenses incurred by the Executing Officer for the purpose\nshall be recovered from the owner.", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "11", "title": "Section 11(6)", "chapter": null, "content": "(6) Where the owner of any land included in the scheme is the 65[Government], the\nDepartment of Government which has the control or management of such land, or the\nExecuting Officer directed in this behalf by [the Board, the State Government or the\nCompany,] as the case may be, shall carry out the works which the 65[Government] is\nliable to carry out under the Scheme.]", "footnote": "65 This word was substituted for the word \"Crown \"by the Adaptation of Laws Order 1950.\n66 These words were substituted for the words \"the Board or the State Government\" by Guj. 26 of 1981, s. 8 (4).", "is_definition": false, "sort_order": 430 }, { "number": "12", "title": "Section 12(1)", "chapter": null, "content": "12. (1) If, in consequence of any work carried out 67[* *] under the Scheme 68 [any\nperson, including the [Government] other than the owner of the land in which the\nwork is done,] is likely to be benefited, he shall pay such amount 69[as the State\nGovernment or the Company] may determine as contribution to the owner of the\nland, if the work has been carried out by the owner, or [to the State Government or\nthe Company], if the work has been carried out by the Executing Officer]:\n\nProvided that the [State] Government may excuse payment of such\ncontribution in whole or in part in respect of any work carried out by it 73[in land\nbelonging to the 65[Government]]:\n\nProvided further that where the work is carried out at the expense of the\nCompany and the State Government excuses payment of the contribution, the State\nGovernment shall pay to the company an amount equal to the amount of the\ncontribution so excused.", "footnote": "67 The words \"by the owner of any land\" were deleted by Bom. 7 of 1945, s. 11(i), read with Bom. 29 of 1948, s. 2.\n68 These words were substituted for the words \"any other person, including the Crown,\" by Bom. 7 of 1945, s. 11(ii).\n69 These words were substituted for the words \"to the owner of the land as contribution as the Board may determine\" by Bom. 73 of 1948, s. 7(a).\n70 These words were substituted for the words \"as the State Government\" by Guj. 26 of 1981, s. 9(1)(i).\n71 These words were substituted for the words \"to the State Government\" by Guj. 26 of 1981, s. 9(1)(ii).\n72 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.\n73 These words were inserted by Bom. 7 of 1945, s. 11 (iv), read with Bom. 29 of 1948, s. 2.\n74 This proviso was added by Guj. 26 of 1981, s. 9(1)(iii).", "is_definition": false, "sort_order": 440 }, { "number": "12", "title": "Section 12(2)", "chapter": null, "content": "75[(2)The amount shall be paid within such time as may be specified by the 72[State]\nGovernment] 76{[or]} as the case may be, the Company.]", "footnote": "75 This sub-section was substituted for the original by Bom. 73 of 1948, s. 7(b).\n76 These words were inserted by Guj. 26 of 1981, s. 9(2).", "is_definition": false, "sort_order": 450 }, { "number": "12A", "title": "Section 12A", "chapter": null, "content": "77[12A. Any person who contravenes or causes any contravention of any of the provisions of\na Scheme which has come into force under section 10, or any of the regulations made under\nsection 10A, or does any act which causes damage to any of the works carried out under the\nScheme, or fails to fulfil any liability imposed upon him under section 13 78[or 13A] or sub-\nsection 79[(4)] of section 25 80 [or of section 25A] shall on conviction, be punishable with fine\nwhich may extend to fifty rupees or with simple imprisonment for a period which may extend\nto one month, or with both.]", "footnote": "77 This section was inserted by Bom. 3 of 1944, s. 3, read with Bom. 29 of 1948, s. 2.\n78 The word, figures and letter \"or 13 A\" wore inserted by Bom. 30 of 1958, s. 7.\n79 These brackets and figure were substituted for the brackets and figure \"(5)\" by Bom. 7 of 1945, s. 12, read with Bom. 29 of 1948, s. 2.\n80 These words, figures and letter were inserted by Bom. 51 of 1954, s. 2.", "is_definition": false, "sort_order": 460 }, { "number": "13", "title": "Section 13(1)", "chapter": null, "content": "81[13 (1) 82[In the case of any work under a scheme, wholly carried out before the\ncommencement of the Bombay Land Improvement Schemes (Extension and\nAmendment) Act, 1958, the Executing Officer] shall prepare a statement giving for\nany specified area the following particulars :-\n(a)\n(i) the work done;\n(ii) the cost thereof;\n(iii) the total amount to be recovered from the owners;\n(iv) the general rate per acre or per rupee of assessment per annum at which such amount is to be recovered from the owners;\n(v) the period within which such amount is to be recovered;\n83[(vi) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such person or persons;]\n(b) if in the case of any survey number or sub-division of a survey number the owner is not liable to maintain or repair works therein, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner of such survey numbers or sub-divisions;\n(c) a map showing the work carried out in the village;\n(d) such other matters as may be prescribed.", "footnote": "81 This section was substituted for the original by Bom. 7 of 1945, s. 13.\n82 This portion was substituted for the words \"The Executive Officer\" by Bom. 30 of 1958, s. 8(1).\n83 This clause was substituted for the original by Bom. 73 of 1948, s. 8.", "is_definition": false, "sort_order": 470 }, { "number": "13", "title": "Section 13(2)", "chapter": null, "content": "(2) When the statement is prepared under this section any rights and liabilities shown\ntherein shall be entered in the Record of Rights 84[or where there is no Record of\nRights, in the prescribed village record] and in the village accounts in such manner as\nthe [State] Government may prescribe and shall thereupon form part of such Record\nof Rights [ or as the case may be, of such village record and of the village\naccounts.]", "footnote": "84 These words were substituted for the words, figures and letter \"maintained under Chapter X-A of the Bombay Land Revenue Code, 1879\" by Bom. 30 of 1958, a. 8(2) (a).\n85 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.\n86 These words were substituted for the words \"and of the village accounts\" by Bom. 30 of 1958, s. 8(2)(b).", "is_definition": false, "sort_order": 480 }, { "number": "13A", "title": "Section 13A(1)", "chapter": null, "content": "87[13A. (1) Save as otherwise provided in section 13, the Executing Officer shall, on the\ncompletion of part of any work to be carried out, under a scheme prepare an interim\nstatement specifying therein-\n(i) the part of the work carried out;\n(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;\n(iii) the interim amount to be recovered from the owner in respect of the work so carried out;\n(iv) the period within which such amount is to be recovered;\n(v) the general rate per acre or per rupee of assessment, per annum at which such amount is to be recovered from the owners;\n(vi) if in the case of any survey numbers or sub-divisions of survey numbers, the amount to be recovered under clause (iii) is to be recovered at a rate other than the general rate, such rate;\n(vii) the names of the persons from whom such amount is recoverable;\n(viii) such other particulars as may be prescribed.", "footnote": "87 This section was inserted by Bom. 30 of 1958, s. 9.", "is_definition": false, "sort_order": 490 }, { "number": "13A", "title": "Section 13A(2)", "chapter": null, "content": "(2) After the whole of the work under such scheme is carried out the Executing\nOfficer shall prepare-\n(a) the final statement specifying therein-\n(i) the work carried out;\n(ii) the total cost of the whole work;\n(iii) the balance after deducting from the total cost the interim amount set out in the interim statement [including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto;]\n(iv) in relation to such balance, the balance amount to be recovered from the owners as cost or part cost;\n(v) the period within which such amount is to be recovered;\n(vi) the names of persons from whom such amount is recoverable;\n(vii) the general rate per acre or per rupee of assessment, per annum at which the amount specified under clause (iv) should be recovered;\n(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;\n(ix) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such persons;\n(x) such other particulars as may be prescribed;\n(b) a map showing the work carried out in the village.", "footnote": "88 These words were inserted by Guj. 26 of 1981, s. 10.", "is_definition": false, "sort_order": 500 }, { "number": "13A", "title": "Section 13A(3)", "chapter": null, "content": "(3) The rights and liabilities shown in the interim statement and the final statement\nshall be entered in the Record of Rights or where there is no Record of Rights in the\nprescribed village record and in the village accounts in such manner as the State\nGovernment may prescribe and shall thereupon form part of such record of rights or\nas the case may be, the village record and of the village accounts.]", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "14", "title": "Section 14(1)", "chapter": null, "content": "89[14. (1) Every person shown in the statement prepared under section 13 90[ or 13A ] as\nliable to maintain and repair work shall, to the satisfaction of [ the Divisional Soil\nConservation Officer ] ]92[ or the Company Officer ] and within such time as the said\nofficer may fix, maintain and repair the work in his own land and in any other land in\nrespect of which he is shown as liable in the said statement.", "footnote": "89 This section was substituted for the original by Bom. 7 of 1946, s. 14, read with Bom. 29 of 1948, s. 2.\n90 The word, figures and letter \"or 13-A\" were inserted by Bom. 30 of 1958, s. 10.\n91 These words were substituted for the words \"the Land Improvement Officer\" by Bom. 53 of 1949, s. 3, Second Schedule.\n92 The words \"or the Company Officer\" were inserted after the words \"Divisional Soil Conservation Officer\" wherever they occur in section 14 by Guj. 26 of 1981, s. 11(1).", "is_definition": false, "sort_order": 520 }, { "number": "14", "title": "Section 14(2)", "chapter": null, "content": "(2) If such person fails to maintain or repair the work within the time fixed by [the\nDivisional Soil Conservation Officer] 92[ or the Company Officer] under sub-section\n(1), [the Divisional Soil Conservation Officer] 92[ or the Company Officer ] shall\nhimself get the work maintained or repaired and the cost of so doing shall be\nrecovered from the person.]", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "14", "title": "Section 14(3)", "chapter": null, "content": "93[(3) If [the Divisional Soil Conservation Officer ]92[ or the Company Officer ] is\nof opinion that an emergency has arisen and that the immediate repair of any work\nreferred to in sub-section (1) is necessary in the general interest, he shall carry out\nsuch repair and the cost of such repair shall be paid by the owner of the land on which\nthe repair has been carried out.", "footnote": "93 These sub-sections were added by Bom. 78 of 1948, s. 9.", "is_definition": false, "sort_order": 540 }, { "number": "14", "title": "Section 14(4)", "chapter": null, "content": "(4) [ The Divisional Soil Conservation Officer ]92[ or the Company Officer ] shall,\nas soon as practicable, make report to the 94[State ] Government 95[or the Company]\nregarding such repair.]", "footnote": "94 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.\n95 The words \"or the Company\" were inserted by Guj.26 of 1981, s. 11(2).", "is_definition": false, "sort_order": 550 }, { "number": "15", "title": "Section 15", "chapter": null, "content": "96[15. Any amount or instalment thereof payable under sections 11, 97[or 14] which is not\npaid on the date when it becomes due under this Act shall be deemed to be an arrear of land\nrevenue due on account of the land for the benefit of which the Scheme has been sanctioned\nunder this Act or the work is or repairs are carried out and shall be recoverable as such arrear\nby any of the methods [99 [provided in the Code.]]]", "footnote": "96 This section was substituted for the original by Bom. 73 of 1948, s. 10.\n97 These word and figures were substituted for the figures, word and letter \"14 or 25A\" by Bom. 8 of 1953, s. 2.\n98 The words \"provided in the relevant Land Revenue Act\" were substituted for the words and figures \"specified in section 150 of the Bombay Land Revenue Code, 1879\" by Bom. 30 of 1958, s. 11.\n99 These words were substituted for the words \" provided in the relevant Land Revenue Act\" by Guj. 26 of 1981, s. 12.", "is_definition": false, "sort_order": 560 }, { "number": "15A", "title": "Section 15A", "chapter": null, "content": "100[15A. The amount or instalment thereof due from any owner in respect of land payable\nunder section 11, 12 or 14 to the Company shall, subject to the prior payment of land revenue\n(if any) due to the State Government thereon, and subject to the provisions of section 7 of the\nGujarat Agricultural Credit, (Provision of Facilities) Act, 1979 be a first charge upon that\nland to which every other charge created in respect of that land shall be postponed, and such\namount or instalment may be recovered according to the provisions of section 15B.", "footnote": "100 Sections 15A, 15B and 15C were inserted by Guj. 26 of 1981, s. 13.\nGuj. 19 of 1979.", "is_definition": false, "sort_order": 570 }, { "number": "15B", "title": "Section 15B", "chapter": null, "content": "15B. Where any amount or any instalment thereof payable to the Company by or under this\nAct is not paid on the date when it becomes due,\n(a) and the claim is not disputed, the Company Officer may send to the Collector a\ncertificate under his hand indicating therein the sum winch is due to the Company or\nis claimed by the Company, as the case may be, and thereupon, the Collector shall\nrecover the sum due or claimed as arrear of land revenue;\n(b) and the claim is disputed, it shall be referred to an officer authorised in this behalf\nby the State Government for the purpose;\nand such officer shall after making such\ninquiry as he deems fit, and after giving to the person by whom the amount is alleged\nto be payable an opportunity of being heard, decide the question;\nand the decision of\nsuch Officer shall be final; and there upon the amount, if any, determined to be due to\nthe Company may be recovered in the manner provided under clause (a) as if the\nclaim is not disputed.", "footnote": "", "is_definition": false, "sort_order": 580 }, { "number": "15C", "title": "Section 15C(1)", "chapter": null, "content": "15C. (1) Notwithstanding anything contained in this Act, where any work under any\nscheme is to be carried out or is completed by the Company, by use of the funds\nborrowed by it from any scheduled bank and in consequence thereof a charge is\ncreated upon any land in favour of the Company under section 15A all the rights and\nliabilities of the Company for recovery of cost (including interest) of the said work or\nof any part thereof, with the priority therefor under section 15A, shall stand\ntransferred to and vest in the scheduled bank-\n(a) upon the Company preparing an interim or final statement under section\n13A and notifying the same to the scheduled bank from which the funds are\nborrowed by the Company;\nor\n(b) upon such scheduled bank notifying to the Company its acceptance of all\nowners or any of the owners named in the statement as its debtors, instead of\nbeing debtors of the Company:\n\nProvided that, where the scheduled bank does not accept all the\nowners but accepts only some of the owners, named in the statement as its\ndebtors, then the rights and liabilities of the Company, with the priority\ntherefor, in respect of lands of only those owners who are accepted as its\ndebtors, by the scheduled bank shall stand transferred to and vest in the\nscheduled bank.", "footnote": "II of 1934.", "is_definition": false, "sort_order": 590 }, { "number": "15C", "title": "Section 15C(2)", "chapter": null, "content": "(2) On such transfer, the Company shall inform the owners concerned of the same,\nand then the amount shown in the interim or final statement, as the case may be, as\nrecoverable against each owner, who is accepted as its debtor by the scheduled bank,\nshall be paid by the respective owner to the scheduled bank on due dates in such\ninstalments, and with interest at such rate, as may be specified in the statement.", "footnote": "", "is_definition": false, "sort_order": 600 }, { "number": "15C", "title": "Section 15C(3)", "chapter": null, "content": "(3) Where the rights and liabilities of the Company, in respect of any owners are\ntransferred to and vest in a scheduled bank, the bank shall give an intimation to the\ntalati, or such revenue officer as may be designated by the State Government in this\nbehalf, of the particulars of the lands and the names of such owners and of the\ncharges or mortgage created thereon in its favour. The talati or designated officer\nshall show in the record of rights or, where there is no record of rights, in the\nprescribed village record and in the village accounts the name of the bank as the\nmortgagee of the lands and make a note of other particulars of the charge created or\nmortgage given.\n\nThe bank shall likewise give an intimation to the talati or designated\nofficer as soon as the whole amount due from any owner ceases to be outstanding,\nand thereupon the talati or the designated officer shall make a suitable note in the\nrecord of rights or the village record and accounts about release of the land from the\ncharges or mortgage, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 610 }, { "number": "15C", "title": "Section 15C(4)", "chapter": null, "content": "(4) The provisions of sections 15A and 15B shall apply mutatis mutandis to any\namount or instalment thereof payable by any owner of land to any scheduled bank\nunder this section, as if references in those sections to the Company and the Company\nOfficer were references to the scheduled bank and the bank officer, respectively.", "footnote": "", "is_definition": false, "sort_order": 620 }, { "number": "64", "title": "Explanation", "chapter": null, "content": "Explanation.-For the purposes of this section \"scheduled bank\" means a bank\nincluded in the Second Schedule to the Reserve Bank of India Act, 1934 and \"bank\nofficer\", in relation to such bank means any officer of such bank duly appointed by it\nfor the purposes of this Act.]", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "16", "title": "Section 16", "chapter": null, "content": "16. For the purpose of preparing, sanctioning or executing any scheme 101 [for repairing or\nmaintaining any works under any scheme], any person authorised by 102[the Board, 103 [the\nCollector, the Divisional Soil Conservation Officer or the Company]] may, after giving such\nnotice as may be prescribed to the owner, occupier or other person interested in any land,\nenter upon, survey and mark out such land, and do all acts necessary for such purpose.", "footnote": "101 These words were inserted by Bom. 7 of 1945, s. 15 (i), read with Bom. 29 of 1948, s.2.\n102 These words were substituted for the words \"the Board or the Collector\" by Bom. 7 of 1945, s. 15 (ii).\n103 These words were substituted for the words \"the Collector or the Divisional Soil Conservation Officer\" by Guj. 26 of 1981, s. 14.", "is_definition": false, "sort_order": 640 }, { "number": "17", "title": "Section 17(1)", "chapter": null, "content": "17. (1) Any authority other than a Board empowered under this Act to make an inquiry\nshall make the inquiry in the manner provided for holding a summary inquiry under\n104[105 [the Code]] and all the provisions contained in 106 [such Act] relating to the\nholding of a summary inquiry shall, so far as may be, apply.", "footnote": "104 The words \"the relevant land revenue Act\" were substituted for the words and figures \"the Bombay Land Revenue Code, 1879\" by Bom. 30 of 1958, s. 12 (1).\n105 These words were substituted for the words \"the relevant Land Revenue Act\" by Guj. 26 of 1981, s. 15.", "is_definition": false, "sort_order": 650 }, { "number": "17", "title": "Section 17(2)", "chapter": null, "content": "(2) Such authority as well as a Board shall have the same powers for summoning and\nenforcing the attendance of any person and examining him on oath and compelling\nthe production of documents as are vested in the revenue officers under 104 105 [the\nCode]].", "footnote": "", "is_definition": false, "sort_order": 660 }, { "number": "18", "title": "Section 18", "chapter": null, "content": "18. Notwithstanding anything contained in any other law for the time being in force, it shall\nbe lawful for the owner of any land included in a scheme to enhance the rent payable by a\ntenant of the land by such amount and subject to such conditions as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 670 }, { "number": "19", "title": "Section 19(1)", "chapter": null, "content": "19. (1) Nothing in the Indian Registration Act, 1908, shall be deemed to require the\nregistration of any document, plan, or map prepared, made or sanctioned in\nconnection with a scheme which has come into force.", "footnote": "XVI of 1908.", "is_definition": false, "sort_order": 680 }, { "number": "19", "title": "Section 19(2)", "chapter": null, "content": "(2) All such documents, plans and maps shall, for the purpose of sections 48 and 49\nof the Indian Registration Act, 1908, be deemed to be registered in accordance with\nthe provisions of that Act :\n\nProvided that documents, plans and maps relating to the sanctioned scheme\nshall be accessible to the public in the manner prescribed.", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "20", "title": "Section 20", "chapter": null, "content": "20. [Delegation of powers by Provincial Government]. Rep. by Bom. 7 of 1945 s. 16, read with Bom. 29 of 1948 s. 2.", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "21", "title": "Section 21", "chapter": null, "content": "106 [21. The 107 [State] Government and subject to the control of the 107 [State] Government the\nCollector or 108 [the Divisional Soil Conservation Officer] may delegate to any officer any of\nthe powers conferred on it or him or any of the functions to be performed by it or him by or\nunder this Act.]", "footnote": "106 This section was substituted for the original by Bom. 73 of 1948, s. 11.\n107 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.\n108 These words were substituted for the words \"Land Improvement Officer\" by Bom. 63 of 1949, B. 3, Second Schedule.", "is_definition": false, "sort_order": 710 }, { "number": "22", "title": "Section 22", "chapter": null, "content": "22. The members and Secretary of a Board, the Inquiry Officer and any officer or person\nauthorised or appointed by the Board, 109 [the Company,] the Collector, 108[the Divisional Soil\nConservation Officer] or the 107[State] Government under sub-section (2) of section 4, sub-\nsection (1) of section 11, 110**** section 16, 111[section 21] or sub-section (2) of section 25,\nas the case may be, shall be deemed to be public servants within the meaning of the Indian Penal Code.", "footnote": "109 These words were inserted by Guj. 26 of 1981, s. 16.\n110 The words, brackets and figures \"sub-section (2) of section 12\" were deleted by Bom. 53 of 1949, s. 2, First Schedule.\n111 These word and figures were inserted by Bom. 73 of 1948, s. 12.\nXLV of 1860.", "is_definition": false, "sort_order": 720 }, { "number": "23", "title": "Section 23(1)", "chapter": null, "content": "23. (1) No suit, prosecution or other legal proceedings shall be instituted against any\npublic servant or person duly authorised under this Act in respect of anything in good\nfaith done or intended to be done under this Act or the rules made thereunder.", "footnote": "", "is_definition": false, "sort_order": 730 }, { "number": "23", "title": "Section 23(2)", "chapter": null, "content": "(2) No suit or prosecution shall be instituted against any public servant or person duly\nauthorised under this Act in respect of anything done or intended to be done under\nthis Act, unless the suit or prosecution has been instituted within six months from the\ndate of the act complained of.", "footnote": "", "is_definition": false, "sort_order": 740 }, { "number": "24", "title": "Section 24(1)", "chapter": null, "content": "24. (1) The 107[State] Government may, by notification published in the Official Gazette,\nmake rules for the purpose of carrying into effect the provisions of this Act.", "footnote": "", "is_definition": false, "sort_order": 750 }, { "number": "24", "title": "Section 24(2)", "chapter": null, "content": "(2) In particular and without prejudice to the generality of the foregoing power such\nrules may be made to determine the following matters, namely:-\n112[(i) the matters to be prescribed under clause (ix) of sub-section (1). and clause (v) of sub-section (2) of section 4;\n(ii) the matters to be prescribed under clause (d) of sub-section (1) of section 13;\n113[(iii) other particulars to be prescribed under sub-sections (1) and (2) of section 13 A;\n(iiia) the manner in which the rights and liabilities shown in the statements prepared under sections 13 and 13 A shall be entered in the Record of Rights or village record and in the village accounts;]\n(iv) the manner of giving notice under section 16;\n(v) the manner in which documents, plans and maps shall be made accessible to the public under section 19;\n114 [****]\n115[ ****]", "footnote": "112 Clauses (i) to (vi) were substituted for the original clauses (i) to (viii) by Bom. 7 of 1945, s. 19 read with Bom. 29 of 1948, s. 2.\n113 Clauses (iii) and (iiia) ware substituted for the original by Bom. 30 of 1958, s. 13.\n114 Clause (vi) was deleted by Bom. 8 of 1953, s. 3\n115 Clause (vii) was inserted by Bom. 3 of 1944, s. 5 (2), was repealed by Bom. 7 of 1945 s. 19, read with Bom. 29 of 1948, s. 2.", "is_definition": false, "sort_order": 760 }, { "number": "24", "title": "Section 24(3)", "chapter": null, "content": "(3) The rules made under this section shall be subject to the condition of previous\npublication.", "footnote": "", "is_definition": false, "sort_order": 770 }, { "number": "25", "title": "Section 25(1)", "chapter": null, "content": "116[25. (1) Notwithstanding anything contained in this Act, the State Government may direct\nthe preparation of a scheme providing for any of the matters specified in sub-section\n(1) of section 4 in any area in the following cases, namely :-\n(i) where 117[the State Government, the Company or any trust] contributes not less than 25 per cent, of the cost of the scheme;\n(ii) if any person or authority is willing to contribute not less than 25 per cent, of the estimated cost, of the scheme;\n118[ **** ]\n(iv) if in the opinion of the State Government land improvement is necessary in the interest of any persons who are members of the armed forces of the Union or who were such members and have retired or the dependents of such persons;\nor\n(v) if in the opinion of the State Government the scheme is necessary in the interest of the public.", "footnote": "116 Section 25 was substituted for the original sections 25 and 25A by Bom. 8 of 1953, s. 4.\n117 These words were substituted for the words \"the State Government or any trust\" by Guj. 26 of 1981, s. 17(1).\n118 Clause (iii) was deleted by Bom. 51 of 1954, s. 3.", "is_definition": false, "sort_order": 780 }, { "number": "25", "title": "Section 25(2)", "chapter": null, "content": "(2) Alongwith such direction or any time thereafter, the State Government may\nauthorize the Board to appoint an officer to prepare, in accordance with such\ninstructions as the Board may issue, a draft scheme containing the particulars\nspecified in sub-section (2) of section 4. The officer so appointed shall prepare a draft\nscheme accordingly and submit it to the Board for approval.", "footnote": "", "is_definition": false, "sort_order": 790 }, { "number": "25", "title": "Section 25(3)", "chapter": null, "content": "(3) After the scheme is submitted to the Board for approval under sub section (2), the\nprovisions of section 5 and the sections following the said section and the rules made\nunder section 24 shall, so far as they can be made applicable, apply in respect of such\nscheme.", "footnote": "", "is_definition": false, "sort_order": 800 }, { "number": "25", "title": "Section 25(4)", "chapter": null, "content": "(4) Notwithstanding anything contained in sub-section (3), the owner of the land in\nwhich any work has been carried out for the purposes of a scheme under this section\nbe liable, pending the preparation of the statement under section 13 119 [or 13 A] to\nmaintain the work to the satisfaction of the Divisional Soil Conservation Officer\n120[or the Company Officer] and repair it to his satisfaction within such time as he\nmay fix.\n\nThe provisions of sub-section (2) of section 14 shall apply in respect of the\nowner's liability under this sub-section].", "footnote": "119 The word, figures and letter\" or 13-A\" were inserted by Bom. 30 of 1958, s. 14.\n120 These words were inserted by Guj. 26 of 1981, s. 17(2).", "is_definition": false, "sort_order": 810 }, { "number": "25A", "title": "Section 25A(1)", "chapter": null, "content": "121[25A. (1) Notwithstanding anything contained in this Act, if the State Government\nis of opinion 122[that a scheme is necessary in the interest of the public or] that a state\nof famine or scarcity prevails or is likely to prevail in any area 123[or that it is\nnecessary to provide suitable work to relieve rural unemployment in any area it may\nmake a declaration to that effect.\n\nSuch declaration shall be published in the Official\nGazette. On the publication of such declaration, the State Government may direct the\nCollector 124[or the Company] to appoint an officer as the Executing Officer for the\npurpose of immediately constructing embankments in such villages as may be\nspecified.\n\nSuch direction shall also require the Board 125 [or, as the case may be, the\ncompany] to prepare a scheme providing for matters specified in clauses (i) and (ii) of\nsub-section (1) of section 4 or any other matters specified in sub-section (1) of that\nsection in such villages.", "footnote": "121 Sections 25A and 25B were inserted by Bom. 51 of 1954, s. 4.\n122 These words were inserted by Guj. 25 of 1963, s. 7.\n123 These words were inserted by Bom. 30 of 1958, s. 15(1).\n124 These words were inserted by Guj. 26 of 1981, s. 18(1)(a).\n125 These words were inserted, by Guj. 26 of 1981, s. 18 (1)(b).", "is_definition": false, "sort_order": 820 }, { "number": "25A", "title": "Section 25A(2)", "chapter": null, "content": "(2) On the issue of a direction under sub-section (1), the Board 126[$ or, as the case\nmay be, the Company ] shall ask the Executing Officer to prepare a draft scheme,\nincluding therein all the works undertaken by him under sub-section (1), and other\nworks in accordance with such instructions as the Board 126[or, as the case may be,\nthe Company] may issue, containing the particulars specified in sub-section (2) of\nsection 4. Such Executing Officer shall prepare a draft scheme accordingly and\nsubmit it to the Board 126[or, as the case may be, the Company] for its approval.", "footnote": "126 These words were inserted, by Guj. 26 of 1981, s. 18(2).", "is_definition": false, "sort_order": 830 }, { "number": "25A", "title": "Section 25A(3)", "chapter": null, "content": "(3) The draft scheme submitted to the Board 127[or, as the case may be, the Company]\nmay be approved by it without modification or with such modification as shall not\naffect the work carried out by the Executing Officer under sub-section (1).\n\nThe\nscheme so approved by the Board 128[or, the Company] shall be published in the\nOfficial Gazette and in the village in which the lands included in the scheme are\nsituate.\n\nOn the date on which the scheme is published in the village it shall come into\nforce and shall have effect as if it were enacted in this Act.\n\nThe provisions of section\n10 A and the sections following the said section and the rules made under section 24\nshall, so far as they can be made applicable, apply in respect of such scheme as if it\nwere a scheme which has come into force under section 10.", "footnote": "127 These words were inserted, by Guj. 26 of 1981, s. 18(3) (a).\n128 These words were inserted by Guj. 26 of 1981, s. 18 (3) (b).", "is_definition": false, "sort_order": 840 }, { "number": "25A", "title": "Section 25A(4)", "chapter": null, "content": "(4) Notwithstanding anything contained in sub-section (3) the owner of the land in\nwhich any work has been carried out for the purposes of a scheme under this section\nshall be liable, pending the preparation of the statement under section 13 129[or 13A]\nto maintain the work to the satisfaction of the Divisional Soil Conservation Officer\n130 [or, as the case may be the Company Officer] and repair it to his satisfaction within\nsuch time as he may fix and the provisions of sub-section (2) of section 14 shall apply\nin respect of the owner's liability under this section.", "footnote": "129 The word, figures and letter or 13A were inserted by Bom. 30 of 1958, s. 15(2).\n130 These words were inserted by Guj. 26 of 1981, s. 18(4).", "is_definition": false, "sort_order": 850 }, { "number": "25B", "title": "Section 25B", "chapter": null, "content": "25B. If upon an application made by the Board 131[or, as the case may be, the Company],\nthe State Government is satisfied that it is necessary so to do the State Government may, at any\ntime, by notification in the Official Gazette, revoke any scheme after it has come into force\nand upon such revocation the provisions of this Act, except section 15, shall cease to apply to\nsuch scheme.\n\nSuch notification shall also be published in the village and at the headquarters\nof the 132[taluka, tahsil] or mahal and of the district in which the lands included in such\nscheme are situate].", "footnote": "131 These words were inserted, by Guj. 26 of 1981, s. 19.\n132 These words were substituted for the Word \"taluka\" by Bom. 30 of 1958, s. 16.", "is_definition": false, "sort_order": 860 }, { "number": "26", "title": "Section 26", "chapter": null, "content": "26. The expenditure incurred by the 133 [State] Government in pursuance of anything done\nunder this Act shall be charged on the 134 [Consolidated Fund of the State].", "footnote": "133 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.\n134 These words were substituted for the words \"revenues of the State\" by Bom. 30 of 1958, s. 17.", "is_definition": false, "sort_order": 870 }, { "number": "26A", "title": "Section 26A", "chapter": null, "content": "135[26A. Where rights and liabilities of the State Government in relation to the recovery of\ncost or part cost of the works carried out under any scheme from any owners of lands\nincluded in such scheme stand transferred to the State Land Development Bank under section\n143A of the Gujarat Co-operative Societies Act, 1961, the rights and liabilities transferred to\nsuch Bank shall be entered in the records referred to in sub-section (2) of section 13 or as the\ncase may be, sub-section (3) of section 13A and notwithstanding anything contained in this\nAct.\n\nevery such owner of land shall pay the amount recoverable from him under this Act to\nsuch Bank.\n\nThe amount of such cost or part cost shall be paid to the State Land Development\nBank by, and recovered by such Bank from, such owners of lands in accordance with the\nprovisions of section 143 A of the Gujarat Cooperative Societies Act, 1961 and such payment\nto or recovery by, the Bank shall discharge the owners of lands of their liability to make pay-\nment to the State Government under this Act to the extent of their respective liability\naccepted by the Bank.]", "footnote": "135 Section 26A was inserted by Guj. 21 of 1969, s. 3.\nGuj. X of 1962.", "is_definition": false, "sort_order": 880 }, { "number": "26B", "title": "Section 26B", "chapter": null, "content": "136[26B. The State Government may, by order in writing, give to the Board or the Company\nsuch directions as in its opinion are necessary or expedient for carrying out the purposes of\nthis Act and the Board, or as the case may be, the Company shall comply with such\ndirections.]", "footnote": "136 Section 26B was inserted by Guj. 26 of 1981, 8. 20.", "is_definition": false, "sort_order": 890 }, { "number": "27", "title": "Section 27", "chapter": null, "content": "137[27. All Boards constituted for a division under section 3 shall be dissolved on the day on\nwhich the new Boards shall be constituted under section 3 as amended by the Bombay Land\nImprovement Schemes (Amendment) Act, 1948:\n\nProvided that any direction issued, appointments made, scheme sanctioned,\nregulation made and all things done by the first mentioned Board shall be deemed to have\nbeen lawfully issued, made, sanctioned or done and any scheme so sanctioned shall be\nexecuted by the new Board constituted as aforesaid in the district in which the land in respect\nof which such scheme is made is situate:\n\nProvided further that if such land is situate within the limits of more than one district\nthe 138 [State] Government shall decide which of the Boards shall execute the scheme in\nrespect thereof.", "footnote": "137 Sections 27, 28 and 29 were added by Bom. 73 of 1948, s. 13.\nBom LXX-III of 1948.\n138 This word was substituted for the word \"Provincial\" by the Adaptation of Laws Order, 1950.", "is_definition": false, "sort_order": 900 }, { "number": "28", "title": "Section 28", "chapter": null, "content": "28. Notwithstanding anything contained in this Act, the Board constituted, any directions\nissued, appointments made scheme approved, regulations made and all things done by or on\nbehalf of the Board, before the date on which the Bombay Land Improvement Schemes\n(Amendment) Act, 1948, came into force shall be deemed to be and to have always been\nvalidly constituted, issued, made, approved, or done and shall not be deemed to have been\ninvalidly constituted, issued, made, approved, or done by reason only of the fact that the\nAgricultural Commissioner or the Director of Agricultural Engineering acted as a member of\nthe Board before the said date.", "footnote": "Bom. LXX-III of 1948.", "is_definition": false, "sort_order": 910 }, { "number": "28A", "title": "Section 28A(1)", "chapter": null, "content": "139 [28A. (1) On and from the commencement of the Bombay Land Improvement\nSchemes (Extension and Amendment) Act, 1958, the Hyderabad Land Improvement\nAct, 1953, and the Saurashtra Land Improvement Schemes Act, 1954, shall, subject\nto the provisions of sub-sections (2) to (5), stand repealed.", "footnote": "139 This section was inserted by Bom. 30 of 1958, 5. 18.\nBom XXX of 1958. Hyd. Act XIX of 1953. Sau. Act XIX of 1954.", "is_definition": false, "sort_order": 920 }, { "number": "28A", "title": "Section 28A(2)", "chapter": null, "content": "(2) Every Board constituted for a district under any of the Acts so repealed shall be\ndissolved and the members thereof shall vacate office on the day on which a new\nBoard is constituted for such district under section 3 of this Act:\n\nProvided that anything done or action taken (including any direction given,\nany draft scheme approved or published, appointments made, any schemes submitted\nfor sanction or regulations made) by the first mentioned Board shall be deemed to\nhave been lawfully done, taken, made, issued, approved, published or submitted by\nsuch new Board under this Act and the provisions of this Act shall apply thereto and\nany scheme sanctioned under any of the Acts so repealed and to be executed by the\nfirst mentioned Board shall be executed by the new Board in accordance with the\nprovisions of this Act;", "footnote": "", "is_definition": false, "sort_order": 930 }, { "number": "28A", "title": "Section 28A(3)", "chapter": null, "content": "(3) Any statement prepared and entries made in the Record of Rights and in the\nvillage accounts or other record under any of the Acts so repealed shall be deemed to\nhave been prepared and made under the corresponding Provisions of this Act;", "footnote": "", "is_definition": false, "sort_order": 940 }, { "number": "28A", "title": "Section 28A(4)", "chapter": null, "content": "(4) Any right, privilege, obligation or liability acquired, accrued or incurred under\nany such scheme or statement or under any other provisions of any of the Acts so\nrepealed shall continue as if acquired, accrued or incurred under this Act and the\nsame may be enforced in accordance with the provisions of this Act:\n\nProvided that where any act committed prior to the repeal of the Saurashtra\nLand Improvement Schemes Act, 1954 was an offence punishable under section 13\nof that Act, any proceeding in respect thereof may be instituted, continued or\ndisposed of as if the Bombay Land Improvement Schemes (Extension and\nAmendment) Act, 1958 had not been passed.", "footnote": "Sau. Act XIX of 1954 Bom. XXX of 1958.", "is_definition": false, "sort_order": 950 }, { "number": "28A", "title": "Section 28A(5)", "chapter": null, "content": "(5) Any appointment, notification, order, rule, notice, report, or delegation made or\nissued under any of the Acts so repealed shall continue in force in so far as such\nappointment, notification, order, rule, notice, report, or delegation is not inconsistent\nwith the provisions of this Act until it is superseded by an appointment, notification,\norder, rule, notice, report, or delegation made or issued under this Act.]", "footnote": "", "is_definition": false, "sort_order": 960 }, { "number": "29", "title": "Section 29", "chapter": null, "content": "29. Nothing in this Act shall apply to Khar lands in respect of which a scheme is or has been\r\nsanctioned under the Bombay Khar Lands Act, 1948.]", "footnote": "Bom. LXX-III of 1948.", "is_definition": false, "sort_order": 970 } ], "metadata": { "Act ID": "194228", "Act Number": "XXVIII", "Enactment Date": "1943-01-25", "Act Year": "1942", "Short Title": "The Gujarat Land Improvement Schemes Act, 1942", "Department": "LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:52:47" }