The Gujarat Khar Lands Act, 1963

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Khar Lands Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (1) "Board" means the Gujarat Khar Lands Development Board constituted under section 3;
2. (2) "embankment" means any embankment made or maintained by the State Government or by the Board in connection with any work of reclamation or protection of Khar lands and includes all banks, dams, walls and groynes or any other works constructed for the protection of lands from floods or from erosion or other damage by water;
3. (3) "Khar land" means such salt or tidal land as may be reclaimed or protected by the construction of an embankment;
4. (4) "prescribed" means prescribed by rules made under this Act;
5. (5) "sea" includes any bay, creek, river or channel into which tidal water flows;
6. (6) "tidal land" means such part of the shore or bank of the sea as is submerged at high tide;
7. (7) "tidal water" means any part of the sea or any river, creek or channel which is affected by the ebb and flow of the tide.

Constitution of Khar Land Development Board

1. (1) For the purpose of protecting and improving Khar lands and for the purposes specified in this Act, the State Government shall, by notification in the Official Gazette, constitute a Board to be called "the Gujarat Khar Land Development Board".
2. (2) The Board shall consist of the following members, namely:—
   • (a) the Minister in charge of the Department of Agriculture, ex-officio, who shall be the Chairman;
   • (b) the Deputy Minister in charge of the Department of Agriculture, ex-officio;
   • (c) not more than eight other members to be appointed by the State Government, of whom—
     • (i) one shall be a person having special knowledge or practical experience in engineering;
     • (ii) two shall be persons who are officers of the State Government;
     • (iii) five shall be persons who are non-officials and who are or have been interested in the reclamation or development of Khar lands.
3. (3) The term of office of the members, other than the ex-officio members, shall be such as may be prescribed.
4. (4) A member of the Board, other than an ex-officio member, may resign his office by writing under his hand addressed to the State Government.
5. (5) The State Government may remove any member of the Board, other than an ex-officio member, if he—
   • (a) is or becomes subject to any of the disqualifications mentioned in section 5, or
   • (b) is absent without the permission of the Board from three consecutive meetings of the Board.
6. (6) Any casual vacancy in the office of a member, other than an ex-officio member, shall be filled by the State Government by appointment, and the person so appointed shall hold office for the unexpired period of the term of the member in whose place he is appointed.

Incorporation of Board The Board shall be a body corporate by the name of "the Gujarat Khar Land Development Board" and shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

Constitution of Corporation.—

1. (1) The Corporation shall consist of the following members, namely:—
   • (a) a Chairman appointed by the State Government;
   • (b) the Secretary to the Government of Gujarat in the Agriculture and Cooperation Department, ex-officio;
   • (c) the Secretary to the Government of Gujarat in the Finance Department, ex-officio;
   • (d) the Chief Engineer (Minor Irrigation and Public Health), Gujarat State, ex-officio;
   • (e) the Khar Lands Development Officer, ex-officio;
   • (f) one representative of the Gujarat State Cooperative Land Development Bank Limited;
   • (g) five non-official members to be appointed by the State Government, of whom one shall be a person representing the interests of persons interested in Khar lands and one shall be a person having special knowledge or practical experience in agriculture.
2. (2) The names of the persons appointed as members of the Corporation shall be published in the Official Gazette.

Incorporation of Corporation.— The Corporation shall be a body corporate by the name "The Gujarat Khar Lands Development Board" and shall have perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Act, and may by the said name sue and be sued.

Term of office and conditions of service of members of Board and Corporation.—

1. (1) The members of the Board and the Corporation shall hold office for such term and shall be entitled to receive such remuneration and allowances, if any, and be subject to such conditions of service as may be prescribed:

Disqualification for being member Disqualification for being member.— A person shall be disqualified for being chosen as, and for being, a member of the Board or of the Corporation—

1. (a) if he has been convicted of an offence involving moral turpitude;
2. (b) if he is an undischarged insolvent;
3. (c) if he is of unsound mind and stands so declared by a competent court;
4. (d) if he has directly or indirectly any interest in any subsisting contract or employment under, or by, or on behalf of, the Board or the Corporation;
5. (e) if he has been removed from the service of the Government or any local authority for corruption or malpractices and he is not eligible for re-employment in any office under the Government.

Removal of member

1. (1) The State Government may remove from office any member of the Board who—
   • (a) is or becomes subject to any of the disqualifications mentioned in section 8;
   • (b) is absent without the permission of the Board from three consecutive meetings of the Board;
   • (c) refuses to act or becomes incapable of acting or acts in a manner which the State Government considers prejudicial to the interests of the Board:

Vacancies Vacancies

1. (1) Any vacancy in the office of a member occurring before the expiry of his term shall be filled by the State Government by nominating or electing another person thereto in accordance with the provisions of section 6; and the person so nominated or elected shall hold office for the unexpired portion of the term of his predecessor.
2. (2) No act or proceeding of the Board shall be deemed to be invalid by reason only of the existence of any vacancy in the Board or any defect in the nomination or election of any member thereof.

Proceedings presumed to be good and valid. - No order or proceeding of the State Government, the Board or the Khar Lands Improvement Committee under this Act shall be called in question in any court, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Functions of the Board. -

1. (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of the Board to provide for the improvement of Khar lands and for the construction and maintenance of embankments and for that purpose the Board shall exercise the functions specified in sub-section (2).
2. (2) The functions of the Board shall be as follows:-
   • (a) to cause to be prepared and carried out schemes for the improvement of Khar lands and for the construction and maintenance of embankments;
   • (b) to enter into contracts for the execution of such schemes;
   • (c) to levy and recover the sums due from the owners of Khar lands under the provisions of this Act;
   • (d) to advise the State Government on matters pertaining to Khar lands and embankments;
   • (e) to do all other acts and things as may be necessary for the purpose of carrying out the objects and purposes of this Act: Provided that the Board shall not undertake any scheme for the construction or maintenance of any embankment involving an expenditure exceeding such amount as may be prescribed, without the previous sanction of the State Government.

Functions of the Corporation.—(1) Subject to such general or special directions as the State Government may, from time to time, give, it shall be the duty of the Corporation to function for the protection and improvement of Khar lands and for the reclamation thereof.

1. (2) In particular and without prejudice to the generality of the foregoing provision, the functions of the Corporation shall include—
   • (a) the construction, maintenance and repairs of embankments;
   • (b) the construction, maintenance and repairs of such other works as are necessary or expedient for the protection, improvement and reclamation of Khar lands;
   • (c) the securing of the proper maintenance and repairs of embankments constructed or maintained by any other person;
   • (d) the drainage of Khar lands;
   • (e) the undertaking of research or surveys in connection with the reclamation or improvement of Khar lands;
   • (f) such other functions as may be prescribed.

Staff of the Board and Corporation.—(1) The State Government shall appoint a Secretary to the Board and a Secretary to the Corporation: Provided that the same person may be appointed as Secretary to both the Board and the Corporation.

1. (2) Subject to such rules as may be made by the State Government in this behalf, the Board or, as the case may be, the Corporation may appoint such other officers and servants as it considers necessary for the efficient performance of its functions.
2. (3) The terms and conditions of service of the officers and servants of the Board and the Corporation shall be such as may be determined by regulations made in this behalf.

Power of Government to nominate officer to the Board or Corporation.

1. (1) Notwithstanding anything contained in this Act, the State Government may, if it considers it necessary or expedient so to do, nominate an officer of the State Government to be a member of the Board or, as the case may be, of a Corporation.
2. (2) An officer so nominated shall be entitled to attend all the meetings of the Board or, as the case may be, the Corporation, and to take part in the proceedings of the meetings, but shall not be entitled to vote thereat.

Fund of the Board and Corporation.

1. (1) The Board and every Corporation shall have its own fund.
2. (2) All sums which may be paid to the Board or, as the case may be, the Corporation by the State Government, and all other receipts, including any contribution or donations, shall be credited to the said fund of the Board or, as the case may be, the Corporation.
3. (3) The fund shall be applied for meeting the administrative and other expenses of the Board, or as the case may be, the Corporation, and for carrying out the purposes of this Act.
4. (4) It shall be competent for the Board or, as the case may be, a Corporation to keep in any bank, or in any Government treasury, such money as may be required for its current expenditure, and to invest any surplus money in such securities as may be approved by the State Government.

Contribution by Government.—

1. (1) The State Government shall, subject to such rules as may be prescribed, contribute to the Fund—
   • (a) such amount as may be initially advanced by it for the purposes of this Act which may be recovered from the owners of the Khar lands in accordance with the provisions of this Act;
   • (b) such amount by way of grant-in-aid as it may deem fit.
2. (2) All contributions made by the State Government under clause
   • (a) of sub-section
3. (1) shall be debited to the Fund, and all recoveries made from the owners of the Khar lands shall be credited to the Fund.

Application of fund.— The Fund shall be applied for the following purposes and for no other, namely:—

1. (a) the payment of all expenses incurred by the Board in the performance of its functions or the exercise of its powers under this Act;
2. (b) the payment of the cost of such establishment as may be required for the purposes of this Act;
3. (c) the payment of the cost of construction, maintenance and repair of any embankment or any other work in connection with any Khar land;
4. (d) the payment of any grants-in-aid to the Khar Land Improvement Committee or any other agency for the improvement of the Khar lands;
5. (e) the payment of any loans or advances made to the Board and the interest thereon;
6. (f) the payment of any other expenses incurred by the Board for carrying out the provisions of this Act.

1. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be prescribed.
2. (2) The accounts of the Board shall be audited annually by such person as the State Government may appoint in this behalf.
3. (3) The auditor shall for the purposes of the audit have access to all the accounts and other records of the Board.
4. (4) The Board shall pay such charges for the audit as may be prescribed.

The Board shall, as soon as may be after the end of each financial year, prepare and forward to the State Government an annual report giving a true and full account of its activities during the previous financial year and an account of the activities likely to be undertaken by it in the current financial year.

Preparation of scheme

1. (1) The Board may, and if so required by the State Government, shall, prepare a scheme for the maintenance, improvement and construction of embankments and reclamation of Khar lands in any area.
2. (2) Every such scheme shall contain the following particulars, namely:—
   • (a) a description of the Khar lands and of the area proposed to be benefited by the scheme;
   • (b) the work to be executed under the scheme;
   • (c) the estimated cost of the execution of the scheme;
   • (d) the period within which the scheme shall be completed;
   • (e) the method of execution of the scheme;
   • (f) such other particulars as may be prescribed.

Publication of draft scheme

1. (1) The Board shall, as soon as may be after the preparation of a scheme, cause it to be published in the Official Gazette and also in such other manner as may be prescribed, inviting objections and suggestions with respect to the draft scheme from all persons likely to be affected thereby, within such period as may be specified in the notice of publication, not being less than thirty days from the date of such publication.
2. (2) The Board shall consider all objections and suggestions received within the specified period and may make such modifications in the scheme as it thinks fit.

Consideration of objections and sanctioning of scheme.

1. (1) The Khar Lands Development Board shall consider the objections, if any, received under section 22 and may either approve or modify the scheme or reject it.
2. (2) If the Board approves or modifies the scheme or any part thereof, it shall submit the scheme as approved or modified to the State Government for sanction, together with the objections, if any, that have been disallowed and the reasons for their disallowance.
3. (3) The State Government may sanction the scheme with or without modifications or may refuse to sanction it. Provided that if the scheme is modified by the State Government, it shall not be sanctioned unless the persons affected by the modification have been given an opportunity of making their representations and the Board has been given an opportunity of expressing its views on the modifications and the representations of such persons.
4. (4) The scheme as sanctioned by the State Government shall be published in the Official Gazette and upon such publication, the scheme shall come into force.

Effect of scheme.

1. (1) Upon the coming into force of the scheme, the Khar Land Development Board shall be entitled to take possession of the Khar lands included in the scheme and to execute works of reclamation and improvement or such other works as are provided in the scheme.
2. (2) All rights, titles and interests of any person in or over any land which is acquired for or included in the scheme shall, if the scheme so provides, vest in the State Government or the Board, as the case may be, in accordance with the provisions of the scheme.
3. (3) Every person whose rights are affected by the scheme shall be entitled to receive compensation as may be determined in accordance with the provisions of this Act.

Power of Board to execute scheme.

1. (1) After the scheme has been published as provided in section 24 and after the consideration of the objections, if any, the Board may, by notification in the Official Gazette, declare that the scheme shall be executed and thereupon the Board may proceed to execute the scheme.
2. (2) The Board may, for the purpose of executing the scheme, undertake the construction of any embankment or other work or the execution of any measure included in the scheme.

Power to enter upon land.

1. (1) Any officer or servant of the Board or any person authorised by the Board in this behalf may, for the purposes of this Act, at all reasonable times, enter upon any land and do all acts necessary for any of the purposes of the scheme or for the purpose of making any survey: Provided that, no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so.
2. (2) Subject to the provisions of this Act, the Board may exercise all powers necessary for carrying out the scheme.

Power to levy and recover cost of scheme.

1. (1) The Khar Land Development Board may, with the previous sanction of the State Government, levy the cost of any scheme, or such part of the cost as the Board may determine, from the owners of the Khar lands included in the scheme.
2. (2) The amount so levied shall be recoverable as an arrear of land revenue.

Power to levy and recover contribution from persons benefited.

1. (1) Where in the opinion of the Khar Land Development Board, any scheme has benefited or is likely to benefit any person, the Board may, with the previous sanction of the State Government, levy from such person a contribution towards the cost of the scheme.
2. (2) The amount of such contribution shall be determined by the Board having regard to the extent of the benefit derived or likely to be derived by such person, and shall be recoverable as an arrear of land revenue.

Recovery of sums due to Board or Corporation.

1. (1) All sums due to the Board or, as the case may be, the Corporation, by any person, whether under this Act or otherwise, shall be recoverable as arrears of land revenue.
2. (2) The power of the Board or, as the case may be, the Corporation to recover any such sums shall be without prejudice to any other mode of recovery provided by law.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner of election or nomination of the members of the Board and the conditions of their service;
   • (b) the procedure to be followed by the Board or the Corporation in the discharge of their functions under this Act;
   • (c) the form and manner in which the accounts of the Board or, as the case may be, the Corporation shall be maintained;
   • (d) any other matter which is required to be, or may be, prescribed by rules.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Power of Board and Corporation to make regulations.

1. (1) The Board or, as the case may be, the Corporation may, with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Board or, as the case may be, the Corporation and for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
   • (a) the time and place of meetings of the Board or the Corporation, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting;
   • (b) the appointment, recruitment, promotion, conduct, discipline, punishment, leave, leave allowances, acting allowances, allowances, and other conditions of service of the officers and servants of the Board or the Corporation;
   • (c) the delegation of powers and duties of the Board or the Corporation to its Chairman, or any officer or servant of the Board or the Corporation;
   • (d) the maintenance of minutes of the meetings of the Board or the Corporation and the transmission of copies thereof to the State Government;
   • (e) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the Board or the Corporation;
   • (f) the custody of moneys required for the current expenditure and the investment of moneys not so required;
   • (g) the form of accounts and the manner in which accounts shall be maintained;
   • (h) the form in which and the time at which the budget of the Board or the Corporation shall be prepared and submitted to the State Government.

Power of State Government to exercise control.

1. (1) The State Government may, at any time, call for any information or report from the Board or the Corporation with respect to any of its activities.
2. (2) The State Government may, from time to time, issue to the Board or the Corporation such directions as it may think necessary for the efficient administration of this Act and the Board or the Corporation shall comply with such directions.
3. (3) If any dispute arises between the Board and the Corporation, the State Government shall decide the dispute and its decision shall be final and binding on the parties.

Delegation of powers.

1. (1) The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act (except the power to make rules under section 47) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the said notification.
2. (2) The Board may, by general or special order in writing, delegate to the Chairman or any other member of the Board or to the Khar Lands Improvement Officer or any other officer subordinate to it, such of its powers and functions under this Act (except the power to make regulations under section 48) as it may consider necessary.

Members of Board and Corporation and officers to be public servants. All members of the Board and the Corporation and all officers and servants of the Board or the Corporation shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Protection of persons acting in good faith.

Act to prevail over other laws Act to prevail over other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or other decree or order of a Court or any other authority.

Power to remove difficulties.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.
2. (2) Every order made under sub-section
3. (1) shall be laid, as soon as may be after it is made, before each House of the State Legislature.

Repeal and savings.

1. (1) On the commencement of this Act, the following Acts, that is to say—
   • (a) the Bombay Khar Lands Act, 1948, in its application to the Bombay area of the State of Gujarat;
   • (b) the Saurashtra Khar Lands Act, 1952, in its application to the Saurashtra area of the State of Gujarat; shall stand repealed: Provided that the repeal of the said Acts shall not affect—
     • (i) the previous operation of any Act so repealed or anything duly done or suffered thereunder;
     • (ii) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
     • (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;
     • (iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
2. (2) Subject to the provisions of the preceding sub-section, anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed) under any of the Acts repealed by sub-section
3. (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.