The Bombay Land Improvement Schemes (Gujarat Amendment) Act, 1963

This Act may be called the Bombay Land Improvement Schemes (Gujarat Amendment) Act, 1963.

In section 2 of the Bombay Land Improvement Schemes Act, 1942 (hereinafter referred to as "the principal Act"), in clause (2a) after the words "to be the Divisional Soil Conservation Officer" the words "and includes any other officer authorized by the State Government to exercise the powers and perform the duties of a Divisional Soil Conservation Officer under this Act" shall be inserted.

In section 6 of the principal Ad, in a&-section (J), for the worda "Oflid, QWte" the word "village" and'foi the words "twenty-one daya" the wordr "seven days" shall bo aubstitukd.

In the principal Act, in section 9, in sub-section (1),--

1. (1) for the words "which the Board may require the Inquiry Officer to submit the Board" the words "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" shall be substituted;
2. (2) in the proviso, after the words "the Board" the words "or, as the case may be, the Company" shall be inserted.

Amendment 5. In section 10 of the principal Act, for the words "Official Gazette" the of Section 10 of Born. XX- word "village" shall be substituted.

Amendment of section 11 of Born. XXVIII of 1942 Amendment 6. In section 11 of the principal Act, in sub-section (3), for the words "twenty- of section 11 of Born. one days" the words "seven days" and for the words "Official Gazette" the word XXVIII of "village" shall be substituted. 1942.

In section 26A of the principal Act, in sub-section (I), after the words "is of opinion" the words "that a scheme is necessary in the interest of the public or" shall be inserted.

1. Short title This Act may be called the Bombay land Improvement Schemes (Gujarat Amendment) Act, 1981.

2. Amendment of section 2 of Born. XXVIII of 1942 In section 2 of the Bombay Land Improvement Schsmea Aot, 1942 (hereinafter referred to as "the principal Act"), in claw

1. (28) afkr the words "to be the DiviaiOnal %il Conawation Offid' the words "and indudas any other &vi;m;f officer authorid by the State Government to exercbe the powera and perform the of a Divisional Soil &mrvation Officer under thh Aot" &all be inserted. 3. Amendment of section 4 of Born. XXVIII of 1942 In the principal Act, in section 4,-
2. (1) in sub-section (I),-
   • (i) after the word "Board" the words "or the Company" shall be inserted;
   • (ii) in item (iii), after the words "water supply" the words "including the construction or improvement of wells and other underground water resources and exploitation of those resources" shall be inserted:
   • (iii) after item (iii), the following item shall be inserted, namely : - "(iiia) development of land for better utilisation of the irrigation potential to be specified in the scheme;";
3. (2) in sub-section (2), for the words "issued by the Board, the Board", the words "issued by the Board or the Company, the Board or the Company" shall be substituted. 4. Amendment of section 5 of Born. XXVIII of 1942 In the principal Act, in section 4,-
4. (1) in sub-section (I),-
   • (i) after the word "Board" the words "or the Company" shall be inserted;
   • (ii) in item (iii), after the words "water supply" the words "including the construction or improvement of wells and other underground water resources and exploitation of those resources" shall be inserted:
   • (iii) after item (iii), the following item shall be inserted, namely : - "(iiia) development of land for better utilisation of the irrigation potential to be specified in the scheme;";
5. (2) in sub-section (2), for the words "issued by the Board, the Board", the words "issued by the Board or the Company, the Board or the Company" shall be substituted. 5. Amendment of section 6 of Born. XXVIII of 1942 In the principal Act, in section 5,-
6. (1) in sub-section (I), the following sub-section shall be substituted, namely :-- "(I) The draft scheme prepared under section 4 shall be submitted 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.";
7. (2) in sub-section (2), after the words "the Board" the words "or the Company" shall be inserted;
8. (3) in sub-section (3),-
   • (i) after the words "The Board" the words "or the Company" shall be inserted;
   • (ii) after the words "Inquiry Officer" the words "or as the case may be, the Company Officer" shall be inserted. 6. Amendment of section 9 of Born. XXVIII of 1942

In tbe principal Act, in sectio~ 6,-

1. (1) in sub-section (I),- (1 after the ,wmds "Inquiry Officer", the words "or the Company Officerm shall be inserted;
   • (ii) after the words "the Board" the words "or, as the case may be, to the Company" shall b~ inserted;
2. (2) in sub-section (2J.-
   • (i) after the words "Inquiry Officer", thC wards "or, the Company Officer" shall be inserted;
   • (ii) after the words, "the Board" the words "or the Company" shaU be ' inserted. 7. Amendment of section 10A of Born. XXVIII of 1942 In the principal Act, in section 10A, for the portion beginning with the words "For the purpose of" and ending with the words "the Board may declare," the following shall be substituted, namely :- "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."

In the principal Act, in section 11,-

1. (1) in sub-section (1), after the words "the Board" the words "or, the case may be, the Company" shall be inserted;
2. (2) in subsection (2). after the words "the Government" the words "or, as tho case may be, the Cohpany" shall ba inserted;
3. (3) in sub-section (31, after the words "the Govermat" the words "or, as &e case may be, the Company" shall be inserted;
4. (4) %in subsection (G), for &he words "the Board or @e State Goveq.ment" the words "the Ihard, the Sub Government o: the Company" shaLl be substi- 1uLd

In the principal Act: in section 12,-

1. (1) in sub-section (I),-
   • (i) for the words "as the' State Government" the words "as the State Government or tbe Company" shall be substituted;
   • (ii) for the words "to the State Gov~rmna,t" he, wordr "to the Siafo Government or the Company" shall bz substi tuisd;
   • (iii) after the psoviso, the following further proviso shall be inserted namely : - - "Provided further tbat where the work is carried out at the expense of the Company pd the State Government excuses payment of the contribu- tion, the State Governme~t sw pay to thz ComyMny an amount equal to ti~c amout oT the contribution so excuscd.";
2. (2) in sub-section (2). after the words "State Goveriir~~ent" the words "or, as he case may bc, the Company" sl~all,bc inscrkd.

In the principal Act, in section 13A, in sub-section (2), in clause (a), in sub-clause (iii), after the words "interim statement" the words "including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto" shall be inserted.

In the principal Act, in section 14,-

1. (1) after the words "Divisional Soil Conservation Officer," wherever they occur, the words "or the Company Officer" shall be inserted;
2. (2) in sub-section (4), after the words "State Government" the words "or the Company" shall be inserted.

In the principal Act, in section 15, for the words "provided in the relevant Land Revenue Act" the words "provided in the Code" shall be substituted.

In the principal Act, after section 15, the following new sections shall be inserted, namely:—

"15A. The amount or instalment thereof due or payable in respect of bonded 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.

Amendment of section 17 of Born.

under this Act is not paid on the date when it becomes due—

1. (a) and the claim is not disputed, the Company Officer may send to the Collector a note under his hand indicating therein the sum which 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 arrears of land revenue;
2. (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 reco- vered in the manner provided under clause
3. (a) as if the claim is not disputed. 15C.

1. (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 a charge is created upon any land in favour of the Company under the 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 15-A, shall stand transferred to and vest in the scheduled bank—
   • (a) upon the Company notifying an interim or final statement under sub- section (13A) and notifying the same to the scheduled bank from which the funds are borrowed by the Company; or
   • (b) upon such 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. (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 date in such instalments, and with interest at such rate, as may be specified in the statement.
3. (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 intima- tion 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 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 the charges 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 notice 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. (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 such 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.". 14. Amendment of section 16 of Born. XXVIII of 1942

Amendment of section 22 of Born.

Amendment of section 25 of Born. XXVIII of 1942 In the principal Act, in section 25,-

1. (1) in sub-section (I), in clause (i), for the words " the State Government or any trust", the words "the State Government, the Company or any trust" shall be substituted;
2. (2) in sub-section (2), after the words "Divisional Soil Conservation Officer" the words "or the Company Officer" shall be inserted.

In the principal Act, in section 25A,-

1. (1) in subsection (1)-
   • (a) after the words "may direct the Collector" the words "or the Company" shall be inserted;
   • (b) after the words "the Board" the words "or, as the case may be, the Company" shall be inserted;
2. (2) in subsection (2), after the words "the Board" occurring at three places, the words "or, as the case may be, the Company" shall be inserted;
3. (3) in sub-section (3),-
   • (a) after the words "to the Board" the words "or, as the case may be, the Company" shall be inserted;
   • (b) after the words "by the Board" the words "or the Company" shall be inserted;
4. (4) in sub-section (4), after the words "Divisional Soil Conservation Officer" the words "or, as the case may be, the Company Officer" shall be inserted.

In the principal Act, in section 25B, after the words "the Board" the words "or, as the case may be, the Company" shall be inserted.

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.