Bombay Act No. 28 of 1942
1942
An act 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 matters in order thereby to protect and improve lands and crops in the Province of Bombay and for charging certain expenditure on the revenues of the Province. Whereas it is expedient to provide for the making and execution of schemes relating to the construction of tanks, embankments and other work, the prohibition and control of grazing for the purposes of preservation of soil, prevention of soil erosion, improvement of water supply 2[rain water harvesting and conservation and other matters in order thereby to protect and improve lands and crops in the Province of Bombay and for charging certain expenditure on the revenues of the Province: And whereas the Governor of Bombay has assumed to himself under the Proclamation dated the 4th November 1939 issued by him under section 93 of the Government of India Act, 1935, all power vested by or under the said Act in the provincial Legislature: Now, therefore, in exercise of the said power, the Governor of Bombay is pleased to make the following Act:- 1 Inserted the words âDaman and Diuâ by the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Laws) Second Order dated 18th January 2022. herein after referred to as (Adaptations of State Laws) Second Order, 2022. 2 Inserted by the (Adaptations of State Laws) Second Order, 2022
(1) This Act may be called the Bombay Land Improvement Schemes Act, 1942.
(2) It shall extend to the whole of the Union territory of Dadra and Nagar Havelli
(3) It shall come into force in such area and on such date as the Administrator may, by notification in the Official Gazette, direct.
In this Act, unless there is anything repugnant in the subject or context,-
(1) âAdministratorâ means the Administrator of the Union territory of Dadra and Nagar Havelli
(1A) âBoardâ means a board constituted under section 3;
(1AA) âCollectorâ means the collector of Dadra and Nagar Havelli
(2) âDirector of Agricultureâ mean the officer appointed for the time being to be the Director of Agriculture and includes any officer appointed by the Administrator to perform the duties of the Director of Agriculture under this Act;
(2A) âSoil Conservation officerâ means the officer appointed for the time being to be the soil conservation officer and includes any other officers authorized by the administrator to exercise the powers and perform the duties of a soil conservation officer under this Act;
(2B) âAgriculture Officerâ means the officer appointed for the time being to be the Agricultural officer;
(2C) âExecuting officerâ means an officer appointed by the Board under sub-section (1) of section 11 and shall be construed according as the scheme are executed at the expense of the Central Government;
(3) âInquiry Officerâ mean an officer appointed as such by the Board;
(4) âOwnerâ included an owner in severally, in common or joint, an occupant, a tenure holder, pattadar, tenant, and a mortgagee in possession and the expressions âowingâ and âownâ shall be construed accordingly;
(5) âPrescribedâ means prescribed by rules made under this Act;
(5A) âRegulationâ means the Dadra and Nagar Haveli Land Revenue Administration regulation, 1971,
(7) âSchemeâ means a land improvement scheme prepared under this Act;
(8) the words and expressions used in this Act, but not defined, shall have the meaning assigned to them in Regulation.
(1) The Administrator shall constitute a Board consisting of the Collector, the Agriculture Officer, the Soil Conservation Officer and such non-official person not exceeding two as may be appointed by the Administrator.
(1A) The 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 a question under the provision of this Act, the decision of the majority of the members shall prevail.
(1) The Board may direct the preparation of a land improvement scheme for any area within its jurisdiction. A scheme may make provision for any of the following matters, namely:-
(2) On such direction being issued by the Board, the Board shall appoint an officer to prepare, in accordance with such instructions as it may issue, a draft scheme containing the following particulars, namely:-
(1) The draft scheme under section 4 shall be submitted by the officer appointed by the Board to be Board and the Board shall either approve the scheme with or without modifications or reject it and where the board approves the scheme it shall appoint an inquiry officer.
(2) The scheme approved by the Board under sub-section, (1) shall be published in the official Gazette and in the village and at the headquarters of the district in which the lands proposed to be included in the scheme are situate.
(3) the Board shall, simultaneously with the publication of the scheme in the village under sub-section (2) require all persons affected by the scheme who wish to make any objections to the scheme or part thereof to submit their objection in writing to the inquiry officer of appear before him, within seven days of such publication.
(1) The inquiry 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.
(2) The inquiry officer may, while submitting his report under sub-section (1) recommend any modifications which in his opinion, are required in any of the particulars contained in the scheme approved by the Board under sub-section (1) of section 5.
(1) After consideration of the objections and the report submitted under sub-section (1) of section 6 and of any further report which the board may require the inquiry officer to submit to, the Board may sanction the scheme with or without modifications or reject it:
Provided that if not less than 49 per cent of the total number of the owners of the land included in the scheme other than the Central Government owing in the aggregate not less than 49 per cent of the land included in the scheme, have made objections to the scheme or part thereof, the Board shall submit the scheme to the Administrator for his orders. The Administrator may thereupon sanction the scheme with or without modifications of reject it.
(2) The scheme as sanction under sub-section (1) shall be published in the official Gazette, and in the village and at the headquarters of the district in which the lands included in the scheme are situate and shall on such publication be final.
On the date on which the scheme is published in the village under sub-section (2) of section 9, is shall come into force and shall have effect as if it were enacted in this Act.
For the purpose of carrying out the objects of a scheme which has come into force under section 10:-
(a) the Administrator, or
(b) the Board in consultation with the Administrator may make regulations requiring any person or persons or the public generally to take certain action or to refrain from doing certain acts in respect of any matters supplementary and incidental to the scheme.
(1) After a scheme has come into force under section 10, the Board shall appoint an office 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 Central Government in his land at the cost or part cost of the owner.
(3) If any owner of the land included in the scheme desires to carry out himself any works which under the scheme are to be carried out in his land by the Central Government at the cost or part cost of the owner, he shall give notice in writing to that effect to the Executing Officer within seven days of the publication of the scheme in the village under section 9.
(4) On receipt of such notice, the Executing Officer shall inform the owner of the works which are to be carried out in his land, and shall fix the date before which the owner shall carry out the works.
(5) If such owner fails to carry out any work to the satisfaction of the Executing Officer before the date fixed by him or at any time expresses in 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 including in the scheme is the Central Government, the Department of Central Government which has the control or management of such land, or the Executing Officer directed in this behalf by the Board, the Administrator, as the case may be shall carry out the works which the Central Government is liable to carry out under the scheme.
(1) If, in consequence of any work carried out under the scheme any person, including the Central Government other than the owner of the land in which the work is done, is likely to be benefited, he shall pay such amount as the Administrator may determine as contribution to the owner of the land, if the work has been carried out by the owner, or to the Central Government if the work has been carried out by the Executing officer:
Provided that the Administrator may excuse payment of such contribution in whole or in part in respect of any work carried out by it in land belonging to the Central Government.
(2) The amount shall be paid within such time as may be specified by the Administrator.
Any person who contravenes or causes any contravention of any of the provisions of a Scheme which has come into force under section 10, or any of the regulations made under section 10A, or does any act which causes damage to any of the works carried out under the Scheme, or fails to fulfill any liability imposed upon him under section 13 or 13A or sub-section (4) of section 25 or of section 25A shall on conviction, be punishable with fine which may extend to
(1) In the case of any work under a scheme, wholly carried out before the commencement of this Act, the Executing Officer shall prepare a statement giving for any specified area the following particulars : -
(2) When the statement is prepared under this section any rights and liabilities shown therein shall be entered in the Record of Rights or where there is no Record of Rights, in the prescribed village record and in the village accounts in such manner as the Administrator may prescribe and shall thereupon form part of such Record of Rights or as the case may be, of such Village record and of the village accounts.
(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 thereinâ
(2) Alter the whole of the work under such scheme is carried out the Executing Officer shall prepareâ
(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 Administrator 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.
(1) Every person shown in the statement prepared under section 13 or 13-A as liable to maintain and repair work shall, to the satisfaction of the Soil Conservation Officer and within such time as the said officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement.
(2) If such person fails to maintain or repair the work within the time fixed by the Soil Conservation Officer under sub-section (1), the Soil Conservation Officer shall himself get the work maintained or repaired and the cost of so doing shall he recovered from the person.
(3) If the Soil Conservation 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) The Soil Conservation Officer shall, as soon as practicable make report to the Administrator regarding such repair.
Any amount or installment thereof payable under sections 11, 12 or 14 which is not paid on the date when becomes due under this Act shall be deemed to be an arrear of land revenue due on account of the land for the benefit of which the scheme has been sanctioned under this Act or the work is or repairs are carried out and shall be recoverable as such arrear by any of the methods provided in the Regulation.
For the purpose of preparing, sanctioning or executing any scheme for repairing or maintaining any works under any scheme, any person authorised by the Board, the Collector or the Soil Conservation Officer, may, after giving such 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.
(1) Any authority other than a Board empowered under this Act to make an inquiry shall make the inquiry in the manner provided for holding a summary inquiry under the Regulation and all the provisions contained in such Act relating to the holding of a summary inquiry shall, so far as may be, apply.
(2) Such authority as well as a Board shall have the same powers for summoning and enforcing the attendance of any person and examining him on oath and compelling the production of documents as are vested in the revenue officers under the Regulation.
Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the owner of any land included in a scheme to enhance the rent payable by a tenant of the land by such amount and subject to such conditions as may be prescribed.
(1) Nothing in the Indian Registration Act, 1908, XVI of 1908 shall be deemed to require the registration of any document, plan or map prepared, made or sanctioned in connection with a scheme which has come into force.
(2) All such documents, plans and maps shall, for the purpose of sections 48 and 49 of the Indian Registration Act, 1908, XVI of 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.
Rep. by Born. 7 of 1945 s.16, read with Bom. 29 of 1948 s. 2.
The Administrator and subject to the control of the Administrator, the Collector or the Soil Conservation Officer may delegate to any officer any of the powers conferred on him or any of the functions to be performed by him by or under this Act.
The members and Secretary of a Board, the Inquiry Officer and any officer or person authorised or appointed by the Board, the Collector, the Soil Conservation Officer or the Administrator under sub-section (2) of section 4, sub-section (1) of section 11, section 16, 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, XLV of 1860.
(1) No suit, prosecution or other legal proceedings shall he instituted against any public servant or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act or the rules made thereunder.
(2) No suit or prosecution shall he instituted against any public servant or person duly authorized under this Act in respect of anything done or intended to be done under this Act, unless the suit or persecution has been instituted within six months from the date of the act complained of.
(1) The Administrator may, by notification published in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act, (2) In particular and without prejudice to the generality of the foregoing power such rules may be made to determine the following matters, namely: â
(3) The rules made under the section shall be subject to the condition of previous publication.
(1) Notwithstanding anything contained in this Act, the Administrator may direct the preparation of scheme providing for any of the matters specified in subsection (1) of section 4 in any area in the following cases, namely :â
(2) Along with such direction or any time thereafter, the Administrator 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.
(3) After the scheme is submitted to the Board for approval under sub-section (2), the provisions of section 5 and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme.
(4) Notwithstanding anything contained in sub-section (3), the owner of the land in which any work has been carried out for the purposes of a scheme under this section be liable, pending the preparation of the statement under section 13 or 13-A to maintain the work to the satisfaction of the Soil Conservation 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.
(1) Notwithstanding anything contained in this Act, if the Administrator is of opinion that a scheme is necessary in the interest of the public or that a state of famine or scarcity prevails or is likely to prevail in any area or that it is necessary to provide suitable work to relieve rural unemployment in any area it may make a declaration to that effect. Such declaration shall be published in the Official Gazette. On the publication of such declaration, the Administrator may direct the Collector to appoint an officer as the Executing Officer for the purpose of immediately constructing embankments in such villages as may be specified. Such direction shall also require the Board to prepare a scheme providing for matters specified in clauses (i) and (ii) of sub-section (1) of section 4 or any other matters specified in sub-section (1) of that section in such villages.
(2) On the issue of a direction under sub-section (1), the Board shall ask the Executing Officer to prepare a draft scheme, including therein all the works undertaken by him under sub-section (1), and other works in accordance with such instructions as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such Executing Officer shall prepare a draft scheme accordingly and submit it to the Board for its approval.
(3) The draft scheme submitted to the Board may be approved by it without modification or with such modification as shall not affect the work carried out by the Executing Officer under sub-section (1). The scheme so approved by the Board shall be published in the Official Gazette and in the village in which the lands included in the scheme are situate. On the date on which the scheme is published in the village it shall come Into force and shall have effect as if it were enacted in this Act.
The provisions of section 10A and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme as if it were a scheme which has come into force under section 10.
(4) Notwithstanding anything contained in sub-section (3) the owner of the land in which any work has been carried out for the purposes of a scheme under this section shall be liable, pending the preparation of the statement under section 13 or 13-A to maintain the work to the satisfaction of the Soil Conservation 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 owners liability under this section.
If upon an application made by the Board the Administrator is satisfied that it is necessary so to do the Administrator may, at any time, by notification in the Official Gazette, revoke any scheme after it has come into force and upon such revocation the provisions of this Act, except section 15shall cease to apply to such scheme. Such notification shall also be published in the village and at the headquarters of the district in which the lands including in such scheme are situate.