Chapter II CONSTITUTION OF BOARDS AND PREPARATION OF LAND IMPROVEMENT SCHEMES

1[(1) The 2[State] Government shall constitute in each district a Board consisting of the Collector, the District Agricultural Officer, the 3[District Superintendent Agriculture Officer] and such non-official persons 4[not exceeding five] as may be appointed by the 5[State] Government. 6[Provided that, out of the non-official persons so appointed, in case of the Nandurbar District, at least one person shall be from amongst the members of the Zilla Parishad of that District representing the Scheduled Areas referred to in section 2 of the Provision of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996), and in case of the other Districts comprising the Scheduled Areas, at least one person shall be from amongst the members of the Panchayat Samitis in this District representing the Scheduled Areas.] (1A) 7[The District Superintendent Agriculture Officer] shall be the Secretary of the Board.]

1. (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.

4. Power of 1[Board or Company] to direct preparation of land improvement scheme and matters for which scheme may be prepared.- (1) 2[The Board or the Company] may direct the preparation of a land improvement scheme of any area within its jurisdiction. A scheme may make provision for any of the following matters, namely :-

1. (i) preservation and improvement of soil ;
2. (ii) prevention of erosion of soil ;
3. (iii) improvement of water supply 3[including the construction or improvement of wells and other underground water resources, and exploitation of those resources ] ; 4[(iii-a) development of land for better utilisation of the irrigation potential to be specified in the scheme ;]
4. (iv) introduction of dry farming methods ;
5. (v) improvement in the methods of cultivation ;
6. (vi) reclamation of waterlogged land or of land from the sea ;
7. (vii) prohibition or control of grazing ;
8. (viii) control and maintenance of tree growth ; 5[(viiia) regulation or prohibition of firing of vegetation ;] 6[(viiib) cultivation of waste or fallow land ;] 7[(viiic) eradication of hariyali or any other kind of weed or vegetation which is likely injuriously to affect, or interfere with, cultivation ;]
9. (ix) such other matters not inconsistent with the objects of this Act as may be prescribed. 8[(2) On such direction being issued by 9[the Board or the Company], 10[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 :-
10. (i) the objects of the scheme ;
11. (ii) the approximate area of the lands to be included in the scheme ;
12. (iii) the work or kind of work to be carried out under the scheme ;
13. (iv) the agency or agencies through which the work shall be carried out ;
14. (v) such other particulars as may be prescribed.]

1[5. Publication of scheme and inviting objections.- (1) The draft scheme prepared under section 4 shall be published by the Board or the Company in the Official Gazette, and in the village and at the headquarters of the taluka and of the district, in which the lands proposed to be included in the above scheme are situate.

1. (2) The Board or the Company shall, simultaneously with the publication of the scheme in the Official Gazette, require all person 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 appointed by the Board, or as the case may be, to the Company Officer or appear before him within twenty-one days of such publication.]

1[6. Report of Inquiry Officer 2[or Company Officer].- (1) The Inquiry Officer 3[or 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 4[or, as the case may be, to the Company].

1. (2) The Inquiry Officer 5[or 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 6 * * * .]

[Decision of disputed claims.] Rep. by Bom. 7 of 1945, s. 6, read with Bom. 29 of 1948, s. 2.

[Report of Inquiry Officer.] Rep. by Bom. 7 of 1945, s. 6 read with Bom. 29 of 1948, s. 2.

1[9. Power of Board 2[or Company] 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 3[which the Board or Company may required the Inquiry Officer or Company Officer to submit, 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 33 per cent. of the total number of the owners of the land included in the scheme other than the 4[Government] or owners other than the 5[Government] owning in the aggregate not less than 33 per cent. of the land included in the scheme have made objections to the scheme or part thereof, 6[the Board, or as the case may be, the Company] shall submit the scheme to the 7[State] Government for its orders. The 8[State] Government may thereupon sanction the scheme with or without modifications or reject it.

1. (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 9[taluka 10* *] and of the district in which the lands included in the scheme are situate and shall on such publication be final.]

On the date on which the scheme is published in the Official Gazette under sub-section 1[(2)] of section 9, it shall come into force and shall have effect as if it were enacted in this Act.

1[10A. Power of 2[State] Government or 3[Board or Company] to make regulations.- For the purpose of carrying out the objects of a scheme which has come into force under section 10, 4[the 5[State] Government or] the Board 6[or the company] may make regulations requiring any person or 7* * 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.] 8[The regulations made by the Board or the Company shall be made in consultation with the State Government.]