THE BOMBAY LAND IMPROVEMENT SCHEMES ACT, 1942 (Bombay Act No. 28 of 1942) as in force in the State of Gujarat as extended to the Union Territory of Dadra and Nagar Havelli1[and Daman and Diu].

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 conser

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S.Chapter 1 Preliminary

S.1 Short title, extent and commencement.

(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 Havelli3[and Daman and Diu].

(3) It shall come into force in such area and on such date as the Administrator may, by notification in the Official Gazette, direct.

3 Inserted by the (Adaptations of State Laws) Second Order, 2022

S.2 Definitions.

In this Act, unless there is anything repugnant in the subject or context,-

(1) “Administrator” means the Administrator of the Union territory of Dadra and Nagar Havelli4[and Daman and Diu] appointed by the president under article 239 of the Constitution;

(1A) “Board” means a board constituted under section 3;

(1AA) “Collector” means the collector of Dadra and Nagar Havelli5[and Daman and Diu];

(2) “Director of Agriculture” 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) “Soil Conservation officer” 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) “Agriculture Officer”

S.Chapter II Constitution of Boards and Preparation of Land Improvement Schemes

S.3 Constitution of Boards.

(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.

S.4 Power of board to direct preparation of land improvement Scheme and matters for which Scheme may be prepared.

(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:-

• (i) preservation and improvements of soil;
• (ii) prevention of erosion of soil;
• (iii) improvement of water supply including the construction or improvement of wells 7[rain water harvesting and conservation, construction of underground tanks, ponds, check dams, weirs, construction of dug wells, trenches, recharge wells] and other underground water resources and exploitation of those resources;
• (iiia) development of land for better utilization 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 water-logged land or of land from the sea;
• (vii) prohibition or control of grazing;
• (viii) control and maint
  

S.5 Decision on draft Scheme.

(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.

S.6 Report of inquiry officer.

(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.

S.7 Decision of disputed claims. Rep. by Bom. 7 of 1945, s. 6, read with Bom. 29 of 1948, s.2.

S.8 Report of Inquiry Officer Rep. by Bom. 7 of 1945,s. 6 read with Bom. 29 of 1948, s. 2.

S.9 Power of Board to sanction Scheme with or without modifications.

(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.

S.10 Effect of Scheme.

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.

S.10A Power of Administrator or of Board to make regulations.

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.

S.Chapter III EXECUTION OF THE SCHEME

S.11 Power to enforce 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 satisfac

S.12 Liability of persons whose lands are not included in Scheme to contribution

(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.

S.12A Penalty

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 8[five thousand] rupees or with simple imprisonment for a period which may extend to one month, or with both.

8 Substituted for the word “fifty” by the (Adaptations of State Laws) Second Order, 2022

S.Chapter IV Maintenance, repairs and use of works carried out under the Scheme

S.13 Statement

(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 : -

• (a)
  • (i) the work done;
  • (ii) the cost thereof;
  • (iii) the total amount to be recovered from the owners;
  • (iv) the general rate per hectare or per rupee of assessment per annum at which such amount is to be recovered from the owners;
  • (v) the period within such amount is to be recovered;
  • (vi) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such person or persons;
• (b) it in the case of any survey number or subdivision 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 subdivisions a
  

S.13A Executing Officer to prepare recovery statements and entries to be made in Record of Rights, etc.

(1) Save as otherwise provided in section 13, the Executing Officer shall, on the completion of part of any work to be carried out, under a scheme prepare an interim statement specifying therein—

• (i) the part of the work carried out;
• (ii) the cost of such part calculated on the basis of the works cost as recorded in the works register maintained by the Executing Officer;
• (iii) the interim amount to be recovered from the owner in respect of the work so carried out;
• (iv) the period within which such amount is to be recovered;
• (v) the general rate per hectare or per rupee of assessment, per annum at which such amount is to be recovered from the owners;
• (vi) if in the case of any survey numbers or sub-divisions of survey numbers the amount to be recovered under clause (iii) is to be recovered at a rate other than the general rate, such rate;
• (vii) the names of the persons from whom such amount is recoverable;
• (
  

S.14 Obligation of persons to maintain and repair works

(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 Co

S.Chapter V Miscellaneous

S.15 Payment and recovery of amount

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.

S.16 Right of entry

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.

S.17 Inquiries to he held summarily

(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.

S.18 Permission to owners to increase rent on account of improvements effected

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.

S.19 Registration of document plan or map in connection with land improvement Scheme not required

(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.

S.20 Delegation of powers by Provincial Government

Rep. by Born. 7 of 1945 s.16, read with Bom. 29 of 1948 s. 2.

S.21 Delegation

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.

S.22 Certain officers to be public servants

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.

S.23 Protestation of persons acting in good faith and limitation of suits and prosecutions

(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.

S.24 Power to make rules

(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: —

• (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 section (d) of sub-section (1) of section 13;
• (iii) other particulars to be prescribed under sub-sections (1) and (2) of section 13-A;
• (iiia) the manner in which the rights and liabilities shown in the statements prepared under sections 13 and 13-A shall be entered in the Record of Rights or villages record and in the village accounts;
• (iv) the manner of giving notice under section 16;
• (v) the manner in which documents, plans and maps shall be made accessible to the pu
  

S.25 Powers of Administrator to direct preparation of Scheme in certain circumstances

(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 :—

• (i) where the Central Government, or any trust 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 scheme;
• (iii) xxxxxx
• (iv) if in the opinion of the Administrator land improvement is necessary in the interest of any persons who are members of the armed forces of the Union or who were such members and have retired or the dependents of such persons; or
• (v) if in the opinion of the Administrator the scheme is necessary in the interest of the public.

(2) Along with such direction or any time thereafter, the Administrator may authorise the Board to appoint an officer to prepare, in accordance with s

S.25A Power of Administrator to direct preparation and execution of Scheme in area declared to be famine or scarcity area.

(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

S.25B Power to revoke Scheme.

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.