Chapter VII I.

(1) Any person aggrieved by an order awarding compensation under section 6 or by an order under sub-section (3) of section 26 may appeal to the Board of Revenue within such period and in such manner as may be prescribed. (2) Any person aggrieved by an order under section 28, section 31, section 32 or sub-section (2) of section 34 may appeal to the Government within such period and in such manner as may be prescribed. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Revenue or the Government, as the case may be, may admit an appeal preferred after the period specified therein, if the Board of Revenue is or the Government are satisfied that the appellant had sufficient cause for not preferring the appeal within that period. (4) The order of the Board of Revenue or the Government, as the case may be, on such appeal and where no appeal is preferred, the order which has not been appealed against, shall be final and shall not be called in question in any Court of Law. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Revenue or the Government, as the case may be, may admit an appeal preferred after the period specified therein, if the Board of Revenue is or the Government are satisfied that the appellant had sufficient cause for not preferring the appeal within that period. (4) The order of the Board of Revenue or the Government, as the case may be, on such appeal and where no appeal is preferred, the order which has not been appealed against, shall be final and shall not be called in question in any Court of Law. * By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the State Government.

If any person— (i) contravenes any of the provisions of a scheme which has come into force under sub-section (2) of section 20, or (ii) contravenes any of the provisions of this Act or of any rule or regulation made under this Act or any order or direction made or given under this Act or such rule or regulation, or (iii) does any act which causes damage to any of the works carried out under the scheme, or (iv) fails to fulfil any liability imposed upon him under section 22, or (v) resists or obstructs any officer in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, such officer by or under this Act or any such rule or regulation, he shall be punishable with fine which may extend to five hundred rupees.

All amounts payable to, or recoverable by, the Government, the Board of Revenue, the Soil Conservation Board or the Land Improvement Board or any officer of the Government under this Act, may be recovered- (a) from the owner or any other person liable, as if they were arrears of land revenue due by him; (b) out of the land in respect of which, or for the benefit of which, any work under a scheme or the maintenance or repair of any such work has been carried out, as if they were arrears of land revenue due in respect of that land. * By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the State Government.

Any authority having power to make an enquiry under this Act shall make the enquiry in the manner provided in the Tamil Nadu Revenue Enquiries Act, 1893 (Tamil Nadu Act V of 1893), and shall have all the powers which are or may be vested in the revenue officers by that Act and by the Tamil Nadu Revenue Summonses Act, 1869 (Tamil Nadu Act III of 1869).

(1) Any person authorised in writing in this behalf by the Soil Conservation Board, the Land Improvement Board, the Board of Revenue or the Collector may, for the purpose of exercising any power conferred on, or discharging any duty imposed upon, or performing any function entrusted to him, by or under this Act, and after giving such notice as may be prescribed to the owner, occupier or any person interested in any land, enter upon, survey and mark out such land and do all acts necessary for such purpose. (2) In particular he may- (a) take levels, (b) dig or bore into the sub-soil (c) place, erect or make on any land any peg or mark including trenches or boundaries which he deems to be necessary, (d) do all other acts necessary to ascertain whether the land is adapted for such purposes, and (e) where necessary, cut down and clear away any part of the standing crop, fence or jungle: Provided that if any standing crop or tree is cut down, such crop or tree shall be handed over to the person entitled to such crop or tree. (3) Where any damage or injury is caused to the land in carrying out any operation under this section, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the Collector shall determine the amount of compensation in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894). (4) Every person who is appointed or authorised to exercise any power, discharge any duty or perform any function by or under this Act shall, when acting or purporting to act in pursuance of any of the provisions of this Act or the rules or regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860), and every person who is required to submit an opinion or particular shall be deemed to be legally bound to do so within the meaning of the said Code. * By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the State Government.

The taking and retaining possession of any land on behalf of the Government under this Act shall not affect the liability of any person to pay land revenue, rate or cess in respect of such land for any period, whether before or after the date of taking possession.

(1) The Soil Conservation Board or the Land Improvement Board may, by general or special order, delegate to the Secretary to the Soil Conservation Board or the Land Improvement Board, as the case may be, and the District Committee may, by general or special order, delegate to the Land Improvement Officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary for the efficient running of the day-to-day administration of the Soil Conservation Board or the Land Improvement Board or the District Committee, as the case may be. (2) Subject to such rules as may be prescribed, the Government, the Board of Revenue or the Collector may delegate any of the powers conferred on, duties imposed upon, or functions entrusted to them, it or him by or under this Act to any officer or authority subordinate to them, it or him, as the case may be. * By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenue shall be deemed to be a reference to the State Government.

Notwithstanding anything contained in this Act, the Government may, in the case of any flood, cyclone, famine or scarcity, or other emergency, direct the preparation and execution of a scheme in such a manner, by such authority or officer and providing for such matters as may be prescribed.

(1) The Government may, make rules for the purpose of carrying into effect the provisions of this Act. (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) all matters allowed or required by this Act to be prescribed ; (b) the manner in which the rights or liabilities shown in the statement prepared under section 25 shall be entered in the record of rights or village record; (c) the time within which any amount recoverable under sub-section (3) of section 22 or sub-section (2) of section 26 or sub-section (1) of section 34 shall be payable and the time within which and the authority or officer to whom any option exercised in pursuance of sub-section (3) of section 22 shall be intimated; (d) the manner of giving notices under this Act ; (e) the procedure to be adopted for the assessment of the cost ; (f) the conditions subject to which the pruning and felling of shade trees in coffee and tea estates may be permitted ; (g) the manner of furnishing a copy of the scheme to the panchayat concerned and the manner of giving publicity to such scheme ; (h) the procedure to be adopted for carrying out the purposes of section 43.

The Collector or any officer authorised by the Collector in this behalf may make a grant or advance a loan to any person for carrying out any work under any scheme on such terms and conditions as may be prescribed.

(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder. (2) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government or any public servant for any act done or purporting to be done under this Act or any rule or regulation made thereunder, without the previous sanction of the Government. (3) No officer or servant of the Government, and no public servant shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith and in the course of the exercise of the powers conferred, the discharge of the duties imposed or the performance of the functions entrusted, by or under this Act or the rules or regulations made thereafter.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them to be necessary for the purpose of removing the difficulty.

Save as otherwise provided in this Act , the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force regulating any of the matters dealt with in this Act.

(1) Any scheme prepared, any proceeding or action taken and anything done in pursuance of any agreement executed by any owner relating to soil conservation before the commencement of this Act, shall, notwithstanding anything to the contrary in such agreement, be deemed to have been prepared, taken or done under this Act, by the Soil Conservation Board, if such agreement relates to any river valley catchment area specified in the notification under sub-section (1) of section 13 and by the Land Improvement Board if such agreement relates to any other area, and shall have effect accordingly, notwithstanding that it is inconsistent with this Act. (2) Notwithstanding anything contained in this Act, if, after the 14th March 1956 and before the commencement of this Act, any work has been carried out or taken in hand but not completed by the Government or any officer subordinate to them, in any land included in any scheme relating to soil conservation, whether or not such work was so carried out or taken in hand in pursuance of any agreement executed by the owner of such land, section 24 and the other provision of this Act shall, so far as may be, apply to such work, as if a direction had been issued by the Government under sub-section (1) of section 24 in respect of that work.