The Orissa Soil Conservation Act, 1965
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24. Recovery of dues
Any amount or any part thereof payable to the State Government under this Act which is not paid on the date when it becomes due shall be recoverable as an arrear of land revenue.
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25. Delegation of powers
- (1) The State Government and, subject to the control of the State Government, the Collector may respectively delegate to any officer or authority subordinate to the State Government or to the Collector, as the case may be, any of the powers, functions and duties conferred and imposed by or under the provisions of this Act.
- (2) All powers, functions and duties so delegated shall be exercised, performed and discharged subject to such directions and to such conditions, limitations and restrictions, if any, as the State Government may, from time to time, issue or specify in that behalf.
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26. Power to revoke scheme
The State Government may, at any time by notification published in the Official Gazette and in such other manner as may be prescribed, revoke any scheme after it has come into force and on such revocation the provisions of this Act shall cease to apply to such scheme.
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27. Penalty
- (1) Any person who contravenes or causes any contravention of any of the provisions of a scheme for the time being in force or any of the regulations made under section 14 or fails to fulfil any liability under section 18 shall on conviction be punishable with fine which may extend to five hundred rupees.
- (2) Any person who does any act which causes damage to any of the works carried out under the scheme or to any structure or machinery used for the purpose of the scheme shall on conviction be punishable with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.
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28. Procedure at inquiries
The State Government or any other authority while making an inquiry in accordance with or in pursuance of the provisions of this Act or of the rules or regulations made thereunder shall have all the powers of a Civil Court while trying a suit, in respect of the summoning and enforcing the attendance of any person and examining on oath and compelling the production of documents and any other matter as may be prescribed.
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29. Indemnity
- (1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
- (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.
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30. Power to make rules
- (1) The State Government may subject to the condition of previous publication make rules for carrying out the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters, namely :-
- (a) all matters allowed or required by this Act to be prescribed ;
- (b) procedure to be followed in making inquiries ;
- (c) manner of service of notices ;
- (d) preparation of draft scheme under section 5 and section 10 and submission thereof to the State Government ;
- (e) making of regulations by the Collector under section 14 ;
- (f) preparation of draft statement under section 19 ;
- (g) duties and responsibilities of various officers and agencies that may be engaged in the implementation of schemes ;
- (h) manner in which lands shall be dealt with and works executed and maintained by officers and agencies.
- (3) All rules made under this section shall be laid as soon as possible, after they are made, before the State Legislative Assembly for a total period of fourteen days which may be comprised in one session or in two or more sessions and shall be subject to such modifications as the Assembly may make during the said period :
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31. Provided that no rule shall have effect until the expiry of the said period.
Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette make such provision or give such direction not inconsistent with the purposes of this Act as appears to them to be necessary or expedient for removing the difficulty.
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