Chapter V Chapter V

Miscellaneous

Penalty.-Any person who does any act which cause damage to any of the works carried out or maintained under any scheme which has come into force under [section 11 or section I I-A] shall, on conviction, be punishable with fine which may extend to five hundred rupees.

Inquiries to be held summarily.-(1) .Any Officer or authority empowered to make an inquiry under this Act, shall, where no specific provision has been made therefor, make the inquiry in the prescribed manner.

1. (2) Any such officer or authority shall have the same powers of 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 Jammu and Kashmir Land Revenue Act, 1994

Registration of documents, plans or maps in connection with schemes not required.--

1. (1) Nothing in the Registration Act, Svt. 1977 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 under 1 [section 11 or section 11-A.]
2. (2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Registration Act, Sd. 1977, be deemed to be registered in accardance with the provisions of that A5t.

Power to revoke schemes.--If the Government is satisfied, upon an application made by a District Land Imprmement Committee, that it is necessary to revoke a scheme or a pmt thereof or if the Government is satisfied that a scheme or a part thereof is against public interest, it may, by notification; revoke the scheme or a part thereof, as the case may be, and' upon such revocation, the provisions of this Act, except section 19, shall cease to apply to such schema or a part thereof.

Inspection of documents, etc. and obtaining of copies.-- Documents, plan an'd maps relating to a scheme shall be open for public inspection at the office of every Tehsildar for the area in respect of which a scheme has been prepared at any time during office hours and certified copies thereof may be obtained on payment of the prescribed fee.

Delegation.--The Government and, subject to the control of the Government, the Soil Conservation Officer may, by notification, direct that any power exercisable by it or him under this Act shall, in relation to such matter 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 Government or r:

Certain officers to be public servants Certain ofacers to be public servants.--'fie Soil Conservation Officer, the Enquiry Officer or any other Officer, exercising any power or performing any function under this Ad, shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Cad? ,<mivat 1989.

Protection of acts done in good faith.--No suit, prosecution or other legal proceeding shall lie against any person deemed to be a public servant under section 26 in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Power to make rules.--

1. (1) The Government may, by notification and after previous publication, 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 in which the draft scheme under section 5 shall be' prepared and the other matters and particulars which may be included therein ;
   • (b) the manner in which a scheme shall be published under sub-section
3. (2) of section 7 ;
   • (c) the manner in which the expenses incurred in carrying out the works under sub-section
4. (4) of section 14 may be recovered ;
   • (d) the form in which the statement under section 16'shall be prepared and the manner in which the amount mentioned therein may be recovered ;
   • (e) the scale. of fees for obtaining certified copies of documents, plans and maps relating to a scheme ; and
   • (f) all other matters allowed or required by this' Act to be prescribed.

Repeal and Saving.--

1. (1) The Jammu and Kashmir Soil Conservation and Land Imporvement Schemes Act, 1959 is hereby repealed.
2. (2) Notwithstanding such repeal, all orders passed, notifications issued, powers exercised, actions or proceedings taken, rights acquired and liabilities incurred under the said Act, shall be deemed to have respectively been passed, issued, exercised, taken, acquired and incurred under this Act, so far as these are not inconsistent with any of the provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.