Chapter VI MAINTENANCE, REPAIR AND USB OF WORKS CARRIED

(1) If the Land Improvement Board in respect of any scheme sanctioned by it or by the Government or the Soil Conservation Board in respect of any scheme prepared by it is satisfied that for the purpose of executing such scheme it is necessary that temporary possession of any waste land should be taken, the Land Improvement Board or the Soil Conservation Board, as the case may be, may, by order in writing, direct the Collector to take temporary possession of the land on behalf of the Government on such date as may be specified in that order. (2) The order shall be made in such local form and brought to the notice of the owner as well as of any other person who may be in possession of the land in such manner, as may be prescribed. (3) On the date specified in the order, the Collector or any other officer authorised by him in this behalf shall enter upon and take possession of the land on behalf of the Government.

No claim of any person to any arrear of rent accrued or due in respect of the land for the period prior to the date of taking possession shall thereafter be enforced by any Court, whether in execution of a decree or otherwise, against the Government or against any person holding the land under the Government or against the land during the period such land is in the possession of the Government under sub-section (3) of section 28: Provided that in computing the period of limitation for a suit, or an application for the execution of decree, the time during which the enforcement of such claim is barred under this section, shall be excluded.

(1) When the reclamation of the land is in the opinion of the Collector complete and in any case before the expiry of the period of five years from the date of taking possession, the Collector shall after making an inquiry in the prescribed manner, by order in writing— (a) specify the date on which and the person to whom possession of the land shall be given: Provided that an order under this clause specifying any person other than the person from whom possession of the land was taken under sub-section (3) of section 28 shall not be passed unless notice has been given to the owner, or if he is dead, to his heirs or legal representatives and his or their representations, if any, have been considered; (b) where the person to whom possession of the land is given is a tenant, determine in the manner prescribed the rent payable by him to the owner; (c) where the land or any part thereof has been cultivated, regulate the cutting of the trees on such land according to a working plan. (2) On the date specified in the said order, possession of the land shall be deemed to have been given by the Government under sub-section (1). (3) The delivery of possession of the land under sub-section (1) shall be a full discharge of the Government from all liability in respect of such land, but shall not prejudice any right in respect of the land which any other person may be entitled, by due process of law, to enforce against the person in whom possession of the land is given.

(1) As soon as may be after the date of taking possession of the land, the Collector shall make an inquiry in the prescribed manner and determine- (a) in respect of any land which on the said date was in the occupation of a tenant- (i) the annual rent payable by him; and (ii) the average net annual income, if any, after deducting the annual rent payable by him, derived by him during the three years immediately preceding the said date; and (b) in respect of any other land, the average net annual income, if any, without deducting any land revenue payable, derived by the owner during the three years immediately preceding the said date. (2) There shall be payable by the Government as compensation on the completion of every twelve months from the date of taking possession until the date referred to in sub-section (2) of section 31- (a) in respect of such land as is referred to in clause (a) of sub-section (1), the amount determined under sub-clause (i) of that clause to the owner and the amount determined under sub-clause (ii) thereof to the tenant; and (b) in respect of any other land, the amount determined under clause (b) of sub-section (1) to the owner.

The Collector shall maintain in such form and in such manner as may be prescribed, an account of all receipts and payments by the Government in respect of the land, and the owner of the land or any other person having an interest therein may, on payment of a fee of fifty naye paise inspect the account.

(1) The net expenditure incurred by the Government on the reclamation of the land under the provisions of this Chapter or such part of that expenditure as the Soil Conservation Board or the Land Improvement Board, as the case may be, may, by general or special order, direct, together with interest calculated at the prescribed rate and in the prescribed manner, shall be recovered from the person to whom possession of the land is given by the Government under sub-section (2) of section 31. (2) The amount to be recovered under sub-section (1) from any person shall be decided by the Soil Conservation Board or the Land Improvement Board, as the case may be.