Chapter V MISCELLANEOUS.

Any amount or instalment thereof payable under sections 11, 12 or 14 which is not paid on the date when it 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 Code. charges or mortgage created thereon in its favour. The talati or designated officer shall show in the record of rights or, where there is no record of rights, in the prescribed village record and in the village accounts the name of the bank as the mortgagee of the lands and make a note of other particulars of the charge created or mortgage given. The bank shall likewise give an intimation to the talati or designated officer as soon as the whole amount due from any owner ceases to be outstanding, and thereupon the talati or the designated officer shall make a suitable note in the record of rights or the village record and accounts about release of the land from the charges or mortgage, as the case may be. (4) The provisions of sections 15A and 15B shall apply mutatis mutandis to any amount or instalment thereof payable by any owner of land to any scheduled bank under this section, as if references in those sections to the Company and the Company Officer were references to the scheduled bank and the bank officer, respectively. Explanation.-For the purposes of this section "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 and "bank officer", in relation to such bank means any officer of such bank duly appointed by it for the purposes of this Act.

The amount or instalment thereof due from any owner in respect of land payable under section 11, 12 or 14 to the Company shall, subject to the prior payment of land revenue (if any) due to the State Government thereon, and subject to the provisions of section 7 of the Gujarat Agricultural Credit, (Provision of Facilities) Act, 1979 be a first charge upon that land to which every other charge created in respect of that land shall be postponed, and such amount or instalment may be recovered according to the provisions of section 15B.

Where any amount or any instalment thereof payable to the Company by or under this Act is not paid on the date when it becomes due,(a) and the claim is not disputed, the Company Officer may send to the Collector a certificate under his hand indicating therein the sum winch is due to the Company or is claimed by the Company, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as arrear of land revenue;(b) and the claim is disputed, it shall be referred to an officer authorised in this behalf by the State Government for the purpose; and such officer shall after making such inquiry as he deems fit, and after giving to the person by whom the amount is alleged to be payable an opportunity of being heard, decide the question; and the decision of such Officer shall be final; and there upon the amount, if any, determined to be due to the Company may be recovered in the manner provided under clause (a) as if the claim is not disputed.

(1) Notwithstanding anything contained in this Act, where any work under any scheme is to be carried out or is completed by the Company, by use of the funds borrowed by it from any scheduled bank and in consequence thereof a charge is created upon any land in favour of the Company under section 15A all the rights and liabilities of the Company for recovery of cost (including interest) of the said work or of any part thereof, with the priority therefor under section 15A, shall stand transferred to and vest in the scheduled bank-(a) upon the Company preparing an interim or final statement under section 13A and notifying the same to the scheduled bank from which the funds are borrowed by the Company ; or(b) upon such scheduled bank notifying to the Company its acceptance of all owners or any of the owners named in the statement as its debtors, instead of being debtors of the Company:Provided that, where the scheduled bank does not accept all the owners but accepts only some of the owners, named in the statement as its debtors, then the rights and liabilities of the Company, with the priority therefor, in respect of lands of only those owners who are accepted as its debtors, by the scheduled bank shall stand transferred to and vest in the scheduled bank. (2) On such transfer, the Company shall inform the owners concerned of the same, and then the amount shown in the interim or final statement, as the case may be, as recoverable against each owner, who is accepted as its debtor by the scheduled bank, shall be paid by the respective owner to the scheduled bank on due dates in such instalments, and with interest at such rate, as may be specified in the statement. (3) Where the rights and liabilities of the Company, in respect of any owners are transferred to and vest in a scheduled bank, the bank shall give an intimation to the talati, or such revenue officer as may be designated by the State Government in this behalf, of the particulars of the lands and the names of such owners and of the

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, the Divisional Soil Conservation Officer or the Company 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 Code 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 Code.

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, 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, 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.

[Delegation of powers by Provincial Government]. Rep. by Bom. 7 of 1945 s. 16, read with Bom. 29 of 1948 s. 2.

The State Government and subject to the control of the State Government the Collector or the Divisional Soil Conservation Officer may delegate to any officer any of the powers conferred on it or him or any of the functions to be performed by it or him by or under this Act.

The members and Secretary of a Board, the Inquiry Officer and any officer or person authorised or appointed by the Board, the Company, the Collector, the Divisional Soil Conservation Officer or the State Government 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.

(1) No suit, prosecution or other legal proceedings shall be 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 be instituted against any public servant or person duly authorised under this Act in respect of anything done or intended to be done under this Act, unless the suit or prosecution has been instituted within six months from the date of the act complained of.

(1) The State Government 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 clause (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 village 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 public under section 19; (3) The rules made under this section shall be subject to the condition of previous publication.

(1) Notwithstanding anything contained in this Act, the State Government may direct the preparation of a scheme providing for any of the matters specified in sub-section (1) of section 4 in any area in the following cases, namely :— (i) where the State Government, the Company 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 estimated cost, of the scheme; (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; or (v) if in the opinion of the State Government the scheme is necessary in the interest of the public. (2) Alongwith such direction or any time thereafter, the State Government may authorize the Board to appoint an officer to prepare, in accordance with such instructions as the Board may issue, a draft scheme containing the particulars

(1) Notwithstanding anything contained in this Act, if the State Government 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 State Government may direct the Collector or the Company 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 or, as the case may be, the company 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 or, as the case may be, the Company 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 or, as the case may be, the Company 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 or, as the case may be, the Company for its approval.

(3) The draft scheme submitted to the Board or, as the case may be, the Company 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 or, the Company 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 10 A 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 13A to maintain the work to the satisfaction of the Divisional Soil Conservation Officer or, as the case may be the Company Officer and repair it to his satisfaction within such time as he may fix and the provisions of sub-section (2) of section 14 shall apply in respect of the owner’s liability under this section.

If upon an application made by the Board or, as the case may be, the Company, the State Government is satisfied that it is necessary so to do the State Government 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 15, shall cease to apply to such scheme. Such notification shall also be published in the village and at the headquarters of the taluka, tahsil or mahal and of the district in which the lands included in such scheme are situate.

The expenditure incurred by the State Government in pursuance of anything done under this Act shall be charged on the Consolidated Fund of the State.

Where rights and liabilities of the State Government in relation to the recovery of cost or part cost of the works carried out under any scheme from any owners of lands included in such scheme stand transferred to the State Land Development Bank under section 143A of the Gujarat Co-operative Societies Act, 1961, the rights and liabilities transferred to such Bank shall be entered in the records referred to in sub-section (2) of section 13 or as the case may be, sub-section (3) of section 13A and notwithstanding anything contained in this Act. every such owner of land shall pay the amount recoverable from him under this Act to such Bank. The amount of such cost or part cost shall be paid to the State Land Development Bank by, and recovered by such Bank from, such owners of lands in accordance with the provisions of section 143 A of the Gujarat Cooperative Societies Act, 1961 and such payment to or recovery by, the Bank shall discharge the owners of lands of their liability to make payment to the State Government under this Act to the extent of their respective liability accepted by the Bank.

The State Government may, by order in writing, give to" the Board or the Company such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act and the Board, or as the case may be, the Company shall comply with such directions.

All Boards constituted for a division under section 3 shall be dissolved on the day on which the new Boards shall be constituted under section 3 as amended by the Bombay Land Improvement Schemes (Amendment) Act, 1948:

Provided that any direction issued, appointments made, scheme sanctioned, regulation made and all things done by the first mentioned Board shall be deemed to have been lawfully issued, made, sanctioned or done and any scheme so sanctioned shall be executed by the new Board constituted as aforesaid in the district in which the land in respect of which such scheme is made is situate:

Provided further that if such land is situate within the limits of more than one district the State Government shall decide which of the Boards shall execute the scheme in respect thereof.

Notwithstanding anything contained in this Act, the Board constituted, any directions issued, appointments made scheme approved, regulations made and all things done by or on behalf of the Board, before the date on which the Bombay Land Improvement Schemes (Amendment) Act, 1948, came into force shall be deemed to be and to have always been validly constituted, issued, made, approved, or done and shall not be deemed to have been invalidly constituted, issued, made, approved, or done by reason only of the fact that the Agricultural Commissioner or the Director of Agricultural Engineering acted as a member of the Board before the said date. (3) Any statement prepared and entries made in the Record of Rights and in the village accounts or other record under any of the Acts so repealed shall be deemed to have been prepared and made under the corresponding Provisions of this Act; (4) Any right, privilege, obligation or liability acquired, accrued or incurred under any such scheme or statement or under any other provisions of any of the Acts so repealed shall continue as if acquired, accrued or incurred under this Act and the same may be enforced in accordance with the provisions of this Act:

Provided that where any act committed prior to the repeal of the Saurashtra Land Improvement Schemes Act, 1954 was an offence punishable under section 13 of that Act, any proceeding in respect thereof may be instituted, continued or disposed of as if the Bombay Land Improvement Schemes (Extension and Amendment) Act, 1958 had not been passed. (5) Any appointment, notification, order, rule, notice, report, or delegation made or issued under any of the Acts so repealed shall continue in force in so far as such appointment, notification, order, rule, notice, report, or delegation is not inconsistent with the provisions of this Act until it is superseded by an appointment, notification, order, rule, notice, report, or delegation made or issued under this Act.

(1) On and from the commencement of the Bombay Land Improvement Schemes (Extension and Amendment) Act, 1958, the Hyderabad Land Improvement Act, 1953, and the Saurashtra Land Improvement Schemes Act, 1954, shall, subject to the provisions of sub-sections (2) to (5), stand repealed.

(2) Every Board constituted for a district under any of the Acts so repealed shall be dissolved and the members thereof shall vacate office on the day on which a new Board is constituted for such district under section 3 of this Act:

Provided that anything done or action taken (including any direction given, any draft scheme approved or published, appointments made, any schemes submitted for sanction or regulations made) by the first mentioned Board shall be deemed to have been lawfully done, taken, made, issued, approved, published or submitted by such new Board under this Act and the provisions of this Act shall apply thereto and any scheme sanctioned under any of the Acts so repealed and to be executed by the first mentioned Board shall be executed by the new Board in accordance with the provisions of this Act;

29. Nothing in this Act shall apply to Khar lands in respect of which a scheme is or has been sanctioned under the Bombay Khar Lands Act, 1948.