Gujarat Land Improvement Schemes Act, 1942
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
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Officer and such non-official persons not exceeding two as may be appointed by the State Government. (1A) The Divisional 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 any question under the provisions of this Act, the decision of the majority of the members shall prevail.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
4. Power of Board to direct preparation of land improvement scheme and matters for which scheme may be prepared.
(1) The Board or the Company 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 improvement of soil ; (ii) prevention of erosion of soil ; (iii) improvement of water supply including the construction or improvement of wells and other underground water resources and exploitation of those resources. (iiia) development of land for better utilisation 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 maintenance of tree growth ; (viiia) regulation or prohibition of firing of vegetation; (viiib) cultivation of waste or fallow land; (viiic) eradication of hariyali or any other kind of weed or vegetation which is likely injuriously to affect, or interfere with cultivation; (ix) such other matters not inconsistent with the objects of this Act as may be prescribed. (2) On such direction being issued by the Board or the Company, the Board or the Company shall appoint an officer to prepare, in accordance with such instructions as it may issue, a draft scheme containing the following particulars, namely:- (i) the objects of the scheme ; (ii) the approximate area of the lands to be included in the scheme; (iii) the work or kind of work to be carried out under the scheme; (iv) the agency or agencies through which the work shall be carried out; (v) such other particulars as may be prescribed.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
5. Publication of scheme and inviting objections.
(1) The draft scheme prepared under section 4 shall be submitted by the officer appointed by the Board or the officer appointed by the Company to the Board or, as the case may be, to the Company, and the Board or, as the case may be, the Company 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 or the Company under sub-section (1) shall be published in the Official Gazette and in the village and at the headquarters of the taluka, tahsil or mahal and of the district in which the lands proposed to be included in the scheme are situate. (3) The Board or the Company 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 objections in writing to the Inquiry Officer or as the case may be, the Company Officer or appear before him, within seven days of such publication.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
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(1) The Inquiry Officer or, the Company 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 or, as the case may be, to the Company. (2) The Inquiry Officer or, the Company 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 or the Company under sub-section (1) of section 5.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
7. Decision of disputed claims.
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Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
8. Report of Inquiry Officer.
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Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
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 or the Company may require the Inquiry Officer or Company Officer to submit to, the Board or, as the case may be, the Company 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 Government or owners other than the Government owning 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 or, as the case may be, the company shall submit the scheme to the State Government for its orders. The State Government may thereupon sanction the scheme with or without modifications or reject it. (2) The scheme as sanctioned under sub-section (1) shall be published in the Official Gazette, and in the village and at the headquarters of the taluka, tahsil or mahal and of the district in which the lands included in the scheme are situate and shall on such publication be final.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
10. Effect of scheme.
On the date on which the scheme is published in the village under sub-section (2) of section 9, it shall come into force and shall have effect as if it were enacted in this Act.
Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND
10A. Power of State Government 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 State Government, or (b) the Board or the Company, in consultation with the State Government, 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.
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