Chapter V MISCELLANEOUS

1[15. Payment and recovery of amount.- Any amount or instalment thereof 2[payable to the State Government under] sections 11, 12 3[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 4[provided in the 5[Code].]

1[15A. Amount due to Company to be first charge on land of defaulter.- The amount or instalment thereof due from any owner in respect of land payable under sections 11, 12 or 14 to the Company shall [subject to the prior payment of land revenue (if any) due to the State Government thereon] be a first charge upon that land to which every other charge created in respect of that land shall be postponed and 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-

1. (a) and the claim is not disputed or the amount in dispute does not exceed Rs. 100, the Company Officer may send to the Collector a certificate 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 arrear of land reveue ;
2. (b) and the claim is disputed and the amount in dispute exceeds Rs. 100, then it shall be referred to the Tribunal constituted by the State Government for the purpose ; and the Tribunal shall after making such inquiry as it 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 the Tribunal shall be final ; and thereupon the Collector shall recover the sum determined to be due as arrear of land revenue.]

1[15C. Where loan is given by scheduled bank, transfer of rights of Company to the bank for speedy recovery of its dues from owners of lands benefited.- (1) Notwithstanding anything contained in this Act, where any work under any scheme is to be carried out or is completed by the Company, with the help of the funds borrowed by it from any scheduled bank and a charge is consequently created upon any lands 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-

1. (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 ; and
2. (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.

1. (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.
2. (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 Talathi, or such 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 charge or mortgage created thereon in its favour. The Talathi 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 Talathi or designated officer as soon as the whole amount due from any owner ceases to be outstanding, and thereupon the Talathi or 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 charge or mortgage, as the case may be.
3. (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.]

For the purpose of preparing, sanctioning or executing any scheme 1[or repairing or maintaining any works under any scheme], any person authorised by 2[the Board, the Collector or 3[the District Superintendent Agriculture Officer]] 4[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. (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 1[the 2[Code]] and all the provisions contained in 3[the Code] relating to the holding of a summary inquiry shall, so far as may be, apply.
2. (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 4[the 5[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. (1) Nothing in the Indian Registration Act, 1908 (XVI of 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. (2) All such documents, plans and maps shall, for the purpose of sections 48 and 49 of the Indian Registration Act, 1908 (XVI of 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.

1[21. Delegation.- The 2[State] Government and subject to the control of the 3[State] Government the Collector or 4[the District Superintendent Agriculture Officer] may delegate to any officer 5[or person] 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 1[or the Company], the Collector, 2[the District Superintendent Agriculture Officer] or the 3[State] Government under sub-section (2) of section 4, sub-section (1) of section 11, 4* * * section 16, 5[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 (XLV of 1860).

1. (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. (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. (1) The 1[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. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to determine the following matters, namely :- 2[(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 ; 3[(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 ; 4* * * * * * * * ]
3. (3) The rules made under this section shall be subject to the condition of previous publication. 5[(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule].

1[25. Power of State Government to direct preparation of scheme in certain circumstances.- (1) Notwithstanding anything contained in this Act, the State Government may direct the preparation of a scheme providing for any of the matter specified in sub-section (1) of section 4 in any area in the following cases, namely :-

1. (i) where the State Government 2[, the Company] or any trust contributes not less than 25 per cent. of the cost of the scheme ;
2. (ii) if any person or authority is willing to contribute not less than 25 per cent. of the estimated cost of the scheme ; 3* * * * * * * *
3. (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 ;
4. (v) if in the opinion of the State Government the scheme is necessary in the interest of the public.

1. (2) Along with such direction or any time thereafter, the State Government may authorise the Board to appoint an officer to prepare, in accordance with such instructions as the board may issue, a draft scheme containing the particulars specified in sub-section (2) of section 4. The officer so appointed shall prepare a draft scheme accordingly and submit it to the Board for approval.
2. (3) After the scheme is submitted to the Board for approval under sub-section (2), the provisions of section 5 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.
3. (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 be liable, pending the preparation of the statement under section 13 4[or 13-A] to maintain the work to the satisfaction of the 5[District Superintendent Agriculture Officer] 6[or Company Officer] and repair it to his satisfaction within such time as he may fix. The provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this sub-section.]

1[25A. Power of State Government to direct preparation and execution of scheme in area declared to be scarcity area.- (1) Notwithstanding anything contained in this Act, if the State Government 2[is of opinion that a state of scarcity prevails] or is likely to prevail in any area, 3[or that it is necessary to provide suitable work to relieve rural unemployment in any area], 4[or that it is necessary in the public interest to carry out immediately any work of land improvement in any area for meeting an emergency of any kind whatsoever] 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 5[or the Company] to appoint an officer as the Executing Officer for the purpose of immediately 6[constructing embankments, water courses or any work of land improvement in such villages or areas as may be specified]. Such direction shall also require the Board 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 7[or areas].

1. (2) On the issue of a direction under sub-section (1), the board shall ask the 8[Officer appointed by it for the purpose] to prepare a draft scheme, including therein all the works 9[undertaken by the Executing Officer] under sub-section (1), and other works in accordance with such instruction as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such 10[Officer] shall prepare a draft scheme accordingly and submit it to the Board for its approval.
2. (3) The draft scheme submitted to the Board may be approved by it without modification, or with such modifications as shall not affect the work carried out by the Executing Officer under sub-section (1). The scheme so approved by the Board shall be published in the Official Gazette and in the village 11[or area] in which the lands included in the scheme are situate. On the date on which the scheme is published in the village 12[or area], it shall come into force and shall have effect as if it were enacted in this Act. The provisions of section 10A 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.
3. (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 13[or 13-A], to maintain the work to the satisfaction of 14[District Superintendent Agriculture Officer] 15[or 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, the State Government is satisfied that it is necessary so to do, the State Government may, at any time 1[after consulting with the Company, if necessary,] 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 2[taluka 3* *] and of the district in which the lands included in such scheme are situate.]

26. Expenditure incurred by 1[State] Government to be charged on 2[Consolidated Fund of State].- The expenditure incurred by the 3[State] Government in pursuance of anything done under this Act shall be charged on the 4[Consolidated Fund of the State].

1[26A. Effect of transfer of rights and liabilities of Government to 2[Agriculture and Rural Development Bank].- Where rights and liabilities of the State Government in relation to the recovery of costs or part cost of the works carried out under any scheme from any owners of lands included in such scheme stand transferred to 3[an Agriculture and Rural Development Bank] under section 143A of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), then 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 by, and recovered from such owners of lands in accordance with the provisions of section 143A of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), and the rights and liabilities transferred to the 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.]

1[26B. Power of State Government to transfer schemes to Company.- (1) Notwithstanding anything contained in this Act, the State Government may, by notification published in the Official Gazette, transfer to the Company such schemes which have come into force under section 10, subject to such terms and conditions mutually agreed upon between the State Government and the Company (including any condition regarding giving of any guarantee by the State Government) as may be specified in the notification.

1. (2) On transfer of the schemes to the company under sub-section (1),-
   • (a) where any work or part thereof under any such schemes is carried out or to be carried out at the cost or part cost of the State Government, and such cost is to be recovered from the owners of lands (other than Government) included in the schemes as shown in the statement prepared under section 13 or in the interim or final statement prepared under section 13A, then the rights and liabilities of the State Government under this Act and the rules and regulations made thereunder for the recovery of such cost or part cost from the owners of lands shall, with effect from the date specified in such notification, stand transferred to the Company in relation to such owners of lands ;
   • (b) the Company shall pay to the State Government an amount equal to the cost or part cost of the schemes transferred as aforesaid ;
   • (c) the State Government shall inform the owners of lands concerned of such transfer of rights and liabilities ;
   • (d) the owners of lands shall pay to the Company the amount or balance of the amount, as the case may be, which is to be recovered from them as aforesaid ; and
   • (e) any payments made to the Company accordingly shall discharge the owners of lands of their liability to make payment to the State Government under such schemes.
2. (3) Save as provided in sub-section (2), all the provisions of this Act shall apply in relation to the schemes transferred to the Company under sub-section (2) as those provisions apply in relation to schemes prepared and executed by the Company under this Act.]

1[27. Savings.- 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 (Bom. LXXIII of 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 2[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 (Bom. LXXIII of 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 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.

1[28A. Repeal and saving.- (1) On and from the commencement of the Bombay Land Improvement Schemes (Extension and Amendment) Act, 1958 (Bom. XXX of 1958), the Hyderabad Land Improvement Act, 1953 (Hyd. Act XIX of 1953), and the Saurashtra Land Improvement Schemes Act, 1954 (Sau. Act XIX of 1954), shall subject to the provisions of sub-sections (2) to (5) stand repealed.

1. (2) Every Board constituted for a district under any of the Acts so repealed shall be dissolved and the member 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.
2. (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 provision of this Act.
3. (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 (Sau. Act XIX of 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 (Bom. XXX of 1958) had not been passed.
4. (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.]

Nothing in this Act shall apply to Khar lands in respect of which a scheme is or has been sanctioned 1[or deemed to be made under the Maharashtra Khar Lands Development Act, 1979 (Mah. XI of 1979)].]