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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 451] NEW DELHI, TUESDAY, NOVEMBER 22, 1983/AGRAHAYANA 1, 1905 Separate paging is given to this Part In order that It may be filed as a separate compilation

107l GI/83-— I

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MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 22nd November. 1983

G.S.R. 857(E).—In exercise of the powers confer- red by section 10 ol the Dadra and Nagar Haveli Act, 1961 (35 of 1961). the Central Government hereby extends to the Union territory of Dadra and Nagar Haveli. the Bombay Land Improvement Schemes Act, 1942 (Bombay Act No. 28 of 1942) as

in force in the State of Gujarat on the date of this notilicauon, suDjcct to the following modificaions. namely :—

MODIFICATIONS

1. Throughout the Act,—

(a) Unless otherwise directed, for the words "State Government", the word "Administra- tor" shall be substituted and there shall also be made in any sentence in which the words ''State Government" occur, such con-, sequential changes as the rujes of grammer may require;

(b) for the words "Divisional Soil Conservation Officer", wherever they occur, the words "Soil Conservation Officer", shall be subs- tituted;

(c) for the words "District Agricultural Officer", wherever they occur, the words "Agricul- tural Officer", shall be substituted;

(d) for the word "acre" wherever it occurs, ttu:

word "hectare'" shall be substituted;

(e) The following words, wherever thev occur

shall be omitted :—

(i) "The Company";

(ii) "or, the Company";

(iii) "or, the Company Officer";

(iv) "or, as the case may be, the Company"-,

(v) "or. as the case may be, the Company

Officer"; and

(vi) "or, as the case may be, to the Company".

2. In section ^—

(i) In sub-section (2), for the words "State of Gujarat", the words "Union territory of Dadra and Nagar Haveli" shall be substi- tuted;

(ii) proviso to sub-section (3) shall be omitted.

3. In section 2,—

(i) for clauses (1) and (1A) the following shall

be substituted, namely :—

'(1) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveli appointed by the President, under

article 239 of the Constitution;'

(1A) "Board" means a Board constituted

under section 3;

'(1A) "Collector" means the Collector of

Dadra and Nagar HaveE;'

(ii) clauses (IB) and (1C) shall be omitted;

(iii) For clause (2C), the following shall be sub-

stituted, namely :—

'(2C) "Executing Officer" means an Officer appointed by the Board¹ under sub-sec- tion (1) of section 11 and shall be cons- trued according as the schemes arc exe- cuted at the expense of the Central Gov- ernment';

(iv) for clause (5A), the following shall be sub-

stituted, namely :—

'(5A) "Regulation" means the Dadra and Nagar Haveli Land Revenue Administra- tion Regulation, 1971';

(v) clauses (SB), (7A) and (7B) shall be

omitted;

(vi) for clause (8), the following shall be substi-

tuted, namely :—

"(8) the words and expressions used in this Act, but not defined shall have the mean- ings assigned to them in the Regulation.".

4. In section 3, in sub-section (1), ths words "in

?ach district" shall be omitted.

5. In section 5,—-

(i) in sub-section (1), the words "o- the officer appointed by the Company" shall be omit- ted;

(ii) in sub-section (2), the words "or the taluka,

tehsil or mahal and" shall be omitted.

6. In section 9,—

(i) in proviso to sub-section (I), for the word 'Government' wherever it occurs, the words "Central Government" shall be substituted;

(ii) in sub-section (2), the words "(aluka, tehsil or mahal and of the" shall be omitted.

7. In section 11, in sub-section (2), (3) and (6), for the word "Government" wherever it occurs, the words "Central Government" shall be substituted.

8. In section 12, in sub-section (1),—

(i) for the word 'Government', wherever it occurs, the words 'Central Government' shall be substituted;

(ii) for the words 'State Government' occurring for the second time, the word "Central Gov- ernment, shall be substituted; and

(iii) second proviso shall be omitted.

9. In section 13, in sub-section (1), for the word< "The Bombay Land Improvement Schemes (Extensior and Amendment) Act, 1958" the words "this Act' shall be substituted.

10. In section 15, for the word 'Code', ihe won

'Regulation' shall be substituted.

11. Section J5A shall be omitted.

12. In section 17,—

(i) in sub-section (1), for the words the Cod* the words "The Regulation" shall be substi tilted; and

13. In section 21, the words "it or" wherever they

occur shall be omitted.

14. In section 25, in sub-section (1), m clause (i), for the words "State Government" the words "Central Government" shall be substituted.

15. Jn section 25B, the words "taluka, tehsil or

mahai, and of the" shall be omitted.

16. Sections 26 and 26A shall be omitted.

17. Sections 27, 28, 28A and 29 shall be omitted.

ANNEXURE

Bombay Land improvement Schemes Act, 1942 (Bombay Act No. 28 of 1942) as in force in the State of Gujarat as extended to the Union Territory of Dadra and Nagar Havcli.

An act to provide for the making and execution of schemes relating to the construction of tanks, em- bankments and other works, the prohibition and con- trol of grazing for the purposes of preservation of soil, prevention of soil erosion, improvement of water supply and other matters in order thereby to pro- tect and improve lands and crops in the Province of Bombay and for charging certain expenditure on the revenues of the Province.

Whereas it is expedient to provide for the making and execution of schemes relating to the construction of tanks, embankments and other works, the prohibi- tion and control of grazing for the purposes of pre- servation of soil, prevention of soil erosion, improve- ment of water supply and other matters in order there- by to protect and improve lands and crops in the Province of Bombay and for charging certain expendi- ture on the revenues of the Province :

And whereas the Governor of Bombay has assum- ed to himself under the PrdcVama'tion dated the 4th November 1939 issued by him under section 93 of the Government of India Act, 1935, all powers \fest- cd by or under the said Act in the Provincial Legis- lature ;

Now, therefore, in exercise of the said powers, thv Governor of Bombay is pleased to make the follow- ing Act :—

CHAPTER 1

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the Bombay Land Improve- ment Schemes Act, 1942.

(2) It shall extend to the whole of the Union

territory of Dadra and Nagar Haveli.

(3) II shall come into force in sucli area and on such date as the Administrator may, bv notification in the Official Gazette, direct.

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2. Definitions.—In this Act, unless there is any-

thing repugnant in the subject or context, —

(1) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Havcli appointed by the President tader article 239 of the Constitution.

(1A) "Board" means a Board constituted tan-

der section 3 ;

(1AA) "Collector" means the collector of Dadra

and Nagar Haveli ;

(2) ''Director of Agriculture" means the Offi- cer appointed for the time being to be the Director of Agriculture and includes any officer appointed by the Administrator to perform the duties of the Director of Agri- culture under this Act ;

(2A) "Soil Conservation Officer" means the officer appointed for the time being to be the Soil Conservation Officer ard includes any other officer authorised by the Admi- nistrator to exercise the powers and per orm the duties of a Soil Conservation Officer under this Act;

(2B) "Agricultural Officer" means the officer appointed for the time being to be the Agri- cultural Officer ;

(2C) "Executing Officer" means an officer ap- pointed by the Board under sub-section (1) of section 11 and shall be construed accor- ding as the schemes are executed at the expense of the Central Government.

(3) "Inquiry Officer" means an officer appoin-

ted as such by the Board ;

(4) 'Owner' includes an owner in sevcralty, in common or joint, an occupant, a tenure holder, pattadar, tenant, and a mortgagee in possession and the expressions 'owing* and 'own' shall be construed accordingly;

(5) "prescribed" means prescribed by rules

made under this Act;

C5A) "Regulation" means the Dadra and Nagar Haveli Land Revenue Administration Re- gulation, 1971.

(7) "Scheme" means a land improvement

scheme prepared under this Act;

(8) the words and expressions used in this Act, but not defined, shall have the meaning as- signed to them in Regulation.

CHAPTER n.

Constitution of Boards and Preparation of Land

IMPROVEMENT SCHEMES

3. Constitution of Boards.—(1) The Administra- tor shall constitute a Board consisting of the Collec- Officer and such non-official persons not exceeding two as may be appointed by the Administrator, tor, the Agricultural Officer, the Soil Conservation

(1A) The Soil Con;ervation Otiicer shall

be the Secretary of the Board.

(2) If. there is a difference of opinion among the members of the Board regarding an question under the provisions of this Act, the decision of the majority of the members shall pravail.

4. Power of Board to direct preparation of land improvement scheme and matters tor which scheme may be prepared.—(1) The Board may direct the preparation of a land improvement scheme for any area within its jurisdiction. A scheme may make pro- vision for any of the following matters, namely :—

(i) preservation and improvement of soil ;

(ii) prevention of erosion of soil ;

(iii) improvement of water supply including the construction or Jmprmtement of wells and other underground water resources and ex- ploitation of those resources;

(liia) development of land for better utilisation of the irrigation potential to be specified in the scheme ;

(iv) introduction of dry farming methods;

(v) improvement in the methods of cultivation;

(vi) reclamation of water-logged land or of

land from the sea ;

(vii) prohibition or control of grazing ;

(viii) control and maintenance of tree growth ;

(viiia) regulation or prohibition of firing of

vegetation

(viiib) cultivation of waste or fallow land ;

(viiic) eradication of hariyali or any other kind of weed or \tegetatioo which is likely in- juriously to affect. Or interfere with culti- \'ation ;

(i\) such other matters not inconsistent with the objects of this Act as may be prescribed.

(2) On such direction being issued by the Board, the Board shill appoint an officer to prepare, in ac- cordance with such instructions as it may Issue, a draft scheme containing the following particulars, namely :—

(i) the object of the scheme ;

(ii) the approximate nrea of the lands to be

included in the scheme ;

(iii) the work or kind of work to be carried out

under the scheme ;

(i\) the igcnc or igencie;, through which \\v.

work shall be carried out ;

fv) such other particulars as may be prescrib-

ed.

5. (1) The draft scheme nrepjred under scctlor, 4 shall be submitted by the officer appointed by the Board to the Board and the Board shall either ap- prove the scheme with or without modifications oi reject il and where the Board approve^ the scheme it shall appoint an Inquiry Officer.

(2) The scheme approved by the Board under sub-section (1) shall be published in the Official Gazette and m the village and at il*c headquarters of the district in which the lands proposed to be in- cluded in the scheme are situate.

(.3) The Board ^hall, simultaneously with the pub- lication ot the scheme m the village Under sub-sec- tion (2) require all persons 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 or appear before him, within ieven days of such publication.

b. Report of Inquiry Officer.—(1) The Inquiry Officer shall hear such objection;* as are made to him in person, consider all objections duly submitted un- der section 5 and submit his report together with the objections to the Board.

(2) The Inquiry Officer may, while submitting his report under ^ub-section (1) recommend any modi- fications which in his opinion are required in any of the particulars contained in the scheme approved by the Board under sub-section (1) of section 5.

7. Decision of disputed claims, Rep. by Bom. 7

of 1945, s. 6, read with Bom. 29 of 1948, s. 2.

8. Report of Inquiry Officer, Rep. by Bom. 7 of

1945, s. 6. read with Bom. 29 of 1948, s. 2.

9. Power of Board to sanction scheme with or with- out modifications.-—(1) After consideration of the objections and the report submitted under sub-sec- tion (I) of section 6 and of any further report which the Board may require the Inquiry Officer to sub- mit to, the Board may sanction the scheme with or without modifications or reject it :

Provided that if not less than 49 per cent of the total number of the owners of the land included, in lhe scheme other than the Central Government or owners other than the Central Government owing in the aggregate not less than 49 per cent of the land included in the scheme have made objections to the scheme or part thereof, the Board shall submit the scheme to the Administrator for his ordeis. The Ad- ministrator may thereupon sanction the scheme with or without modifications or reject it.

(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 district in which the lands included in the scheme are situate and shall on such publication be final.

10. Effect of Scheme.—On the date on which the scheme is published in the village under sub-section (2) of section 9, it shall come into force and shall have effect as if it were enacted in this Act.

10A. Power of Administrator or of Board to make regulations.—For the purpose of carrying out the ob- ject'! of a scheme which has come into force under section 10:—

(a) the Administrator, or

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(b) the Board in consultation with the Adminis- trator may make regulations requiring any person or 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.

CHAPTER 111

EXECUTION OF THE SCHEME

12A. Penalty.—Any person who contravenes or causes any contravention of any of the provisions of a Scheme which has come int<> force under section 10, or any of the regulations made under section 10A, or'does any act which causes damage to any of the works carried out under the Scheme, or fails to fulfil any liability imposed upon him under section 13 or 13A or sub-section (4) of section 25 or of section 25A shall on conviction, be punishable with fine which may extend to fifty rupees or with simple imprison- ment for a period which may extend to one month, or with both.

11, Power to enforce scheme.—(1) After a scheme liab come into force under section 10, the Board shall appoint an officer to execute it.

CHAPTER IV

Maintenance, repairs and use of works carried out under the Scheme (2) Every owner of land included in the scheme shall pay the costs or part costs, as the case may be of the works which under the scheme are carried out by the Central Government in his land at the cost or part cost of the owner.

13. Statement.—(1) In the case of any work under a scheme, wholly carried out before the commence- ment of this Act, the Executing Officer shall prepare a statement giving for any specified area the following particulars :—

(a) (i) the work done; (ii) the cost thereof;

(iii) the total amount to be recovered from the

owners;

(3) If any owner of the land included in the scheme desires to carry out himself any works which under the scheme arc to be carried out in his land by the Central Government at the cost or part cost of the owner, he shall give notice in writing to that effect to the Executing Officer within seven days of the publication of the scheme in the village under sec- tion 9.

(4) On receipt of such notice, the Executing Offi- cer shall inform the owner of the works which are to be carried out in his land, and shall fix the date be- fore which the o'wner shall carry out the works.

(iv) the general rate per hectare or per rupee of assessment per annum at which such amount is to be recovered from the owners; (v) the period within such amount is to be

recovered;

fvi) the woric which, in his opinion, shall be maintained and repaired individually ur jointly and the names of such person or persons;

(5) If such owner fails to carry out any work to the satisfaction of the Executing Officer before the date fixed by him or at any time expresses in writing to the Executing Officer his inability to do so, the Executing Officer may himself get the work carried out and the expenses incurred by the Executing Offi- cer for the purpose shall be recovered from the owner.

(b) it in the case of any survey number or sub- division of a survey number the owner is not liable to maintain or repair works there- in, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub- divisions and the rate at which the cost is to be recovered from the owner of such survey numbers or sub-divisions;

(c) a map showing the work carried out in the 6. Where the owner of any land including in the scheme is the Central Government, the Department of Central Government which has the control or mana- gement cf such land, or the Executing Officer directed in this behalf by the Board, the Administrator, as the case may be shall carry out the works which the Central Government is liable to carry out under the Scheme.

village;

(d) such other matters as may be prescribed.

(2) When the statement is prepared under this section any rights and liabilities shown therein shall be entered in the Record of Rights or whore there is no Record of Rights, in the prescribed village record and in the village accounts in such manner as the Administrator may prescribe and shall thereupon form part of such Record of Rights or as the case may be, of such Village record and of the village accounts.

12.Liability of persons whose rands arc not includ- ed in scheme to contribution.—(1) If. in consequence of a-ny work carried out under the Scheme any person, including the Central Government other than the owner of the land in which the work is done, is likely to be benefited, he shall pay such amount as the Administrator may determine as contribution to the owner of the land, if the work has been carried nut by the owner, or to the Central Government if the work has been carried out by the Executing Officer :

Provided that the Administrator may excuse pay- ment of such contribution in whole or in part in res- pect of any work carried out by it in land belonging to the Central Government.

13-A. Executing Officer to prepare recovery state- ments and entries to be made in Record of Rights, etc.—(1) Save as otherwise provided in section 13] the Executing Officer shall, on the completion of part of any work to be carried out, under a scheme pre- pare an interim statement specifying therein (2) The amount shall be paid within such time a¹

may be specified by the Administrator.

(i) the part of the work carried out;

(ii) the cost of such part calculated on the basis of the works cost as recorded in the works register maintained by the Executing Officer;

(iii) the interim amount to be recovered from the owner in respect of the work so carried out;

(iv) the period within which such amount is to

be recovered;

(v) the general rate per hectare or per rupee of assessment, per aunum at which such amount is to be recovered from the owners;

(vi) if in the case of 'any survey numbers or sub-divisions of survey numbers the amount to be recovered under clause (iii) i^ to be recovered at a rate other than the general rate, such rate;

(vi) the names of the persons from whom such

amount is recoverable,

(viii) such other particulars as may be prescribed.

(2) Alice the whole of the work under such scheme

; carried out the Executing Officer shall prepare—

(a) the final statement specifying therein—

(i) the work carried out;

(ii) the total cost of the whole work;

(iii) the balance after deducting from the total cost the interim amount set out in the interim statement including the rate of interest and the amount to be reco\cred at such rate and any incidental theieto,

(ivj in relation to such balance, 'the balance amount to be recovered ftojji the owners as cost or part cost;

(v) the period within which such amount is

to be recovered;

(vi) the names of persons from whom such

amount is recoverable;

(vii) the general rate per hectare or pel rupee of assessment, per annum at which the amount specified under ckusj (iv) should be recovered:

(viii) if in the c;tse of any survey number or sub-division of a survey number the amount recoverable from thL> owner there of is to be recovered at a rate other than the general rate, such rate and a list of all such survey numbers or .sub-divisions; (ix) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such persons;

(x) such other particulars as may be pres-

cribed;

(b) a map showing the work carried out in the

village.

(3) The rights and liabilities shown in the interim statement and the final statement shall be entered in the Record of Rights or where there is no Record of Rurhts in the prescribed village record ;iOd in ih- village accounts in such manner as the Administrator may prescribe and shall thereupon form part of such record of rights or as the case may be, the village record cend of the village accounts.

14. Obligation of persons to maintain and repair works.—(1) Every person shown in the statement pre- pared under section 13 or 13-A as Habls to maintain and repair work shall, to the satisfaction of the Soil Conservation Officer and within such time as the saiJ officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement.

(2) If such person fails to maintain or repair the work within the time fixed by the Soil Conservation Officer under sub-section (1), the Soil Conservation Officer shall himself get the work maintained or re- paired and the cost of so doina shall be recovered from the person.

(3) If the Soil Conservation Officer is of opinion that an emergency has arisen and tha-t the immediate repair of any work referred to in sub section (I) is necessary in the general interest, he shall carry out such repair and the cost of such repair r.hall be paid by the owner of the land on whicli the repair has been carried out.

(4) The Soil Conservation Officer shall, as soon as practicable make report to the Administrator regarding such repair.

CHAPTER V

Miscellaneous

15. Payment and recovery of amount.—Any amount or instalment thereof payable under sections U, 12, or 14 which is not paid on tne date when it becomes due under this Act shall be deemed to be an tirrear 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 shaJI be recoverable as such arrear by any of the methods provided in the Regulation.

16. Right of entry.—For the puipose of preparing, suneiiorijiig or executing any scheme for repairing or maintaining any works under any scheme, any person juthorii) other than a Board empowered under this Conservation Officer 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 aJl acts necessary for such purpose.

17. Inquiries to be held summarily—(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 the Regulation and all the provisions' contain- ed in such Act relating to the holding of a summary inquiry shall, so far as may be, apply,

(2) Such authority as well as a Board shall have the same powers for summoning and enforcing the attendance of anv person and evaminin? him on oath and compelling the production of documents as are vested in the revenue officers und;r the Regula- tion.

18. Permission to owners to inet'casc rent on account of improvements effected.—No.withsianding anything contained in any other law for the lime being in force, it shall be to^vful for the owner of any land included in a scheme to enhance the l'cnt payable by a tenant of the land by such amount and subject to such conditions as may be prescribed.

19. Registration of document plan or map in con- nection with land improvement scheme not i\qiiicd,— (1) Nothing in the Indian Registration Act, 1908,, XVI of 1908 shall be deemed to require the regis- tration of any document, plan or map prepared, made or sanctioned in connection with a scheme which has come into force.

(2) All such documents, plans and maps shall, for the purpose of sections 48 and 4-9 c-i' the Indian Registration Act, 1908. XV t of 1908 be deemed to be registered in accordance with the provisions of that Act :

Provided that documents, plans and nups relating to the sanctioned scheme shall be accessible to the public in the manner prescribed,

20. Delegation of powers by Provincial Govern- ment. Rep. by Bom. 7 of 1945 s, 16, read with Bom. 29 of 1948 s. 2.

21. Delegation.—The Administrator and subject to the control of the Administrator, the Collector or the Soil Conservation Officer may delegate to any officer any of the powers conferred on him or any of the functions to be performed by him by or under this Act.

22. Certain ollicers to be public servanis.-—The members and Secretary of a Board, the Inquiry Officer and any officer or person authorised or appointed by the Board, the Collector, ihe Soil Conservation Officer or the Administrator under sub-section (2) of section 4, sub-section (1) of section 11, section 16, 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.

23. Protestation of persons acting in good faith and limitation of suits and prosecutions.—(1) No suit, presecution or other legal proceedings shall be insti- tuted 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) No suit or prosecution shall be instituted against any public servant or person duly authorised under this Act in respect of anything done or inten- ded to be done under this Act, unless the suit or presecution has been instituted within six months from the date of the act complained of.

24. Power to make rules.—-(1) The Administra- tor may, by notification published' in the Oikinl Gazct'e, make rules fc the purpose rf uurjinr into effect the provisions of this Act,

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(2) In particular and without prejudice to the generality of the foregoing power such rules may be made to determine the following matters, namely:—

(i) the matters to be prescribed under clause (ixj of sub-section (.1) and clause (v) of sub- s.ction (2) of section 4 ;

(ii) the matters to be prescribed under section

(d) of sub-section (1) of section 13;

(iii) other particulars l0 be prescribed under

snb-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 villages 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;

(3) The rules made under the section shall be

subject to the condition of previous publication.

25. Powers of Administrator to direct preparation of scheme in certain circumstances.—(I )Notwith- standin^ anything contained in this Act, the Adminis- trator may direct the preparation of scheme providing for any of the matters specified in sub- section (1) of section 4 in any area in the following cases, namely :—

(i) where the Central Government, or any trust contributes not less than 25 per cent of the cost of the scheme;

fii) if any person or authority is willing to contribute not less than 25 per cent of the scheme;

(iii) x x x x x x

(iv) if in the opinion of the Administrator land improvement is necessary in the interest of any persons who a-rc members of the armed forces of the Union or who were such members and have retired or the dependents of such persons; or

(v) if in the opinion of the Administrator the scheme is necessary in the interest of the public.

(2) Afong with such direction or any time there- after, the Administrator 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.

(3) After the scheme is submitted to the Board for approi i| under sub-section^), the provisions of .section 5 ;'nd the sections following the said section and the rr'ss irra.ie under section 24 shall, so far as they can be made applicable, apply in respect of such scheme.

(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 bo liable, pending the preparation of the statement under section 13 or 13-A to maintain the work to the satisfaction of the Soil Conservation 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.

25A. Power of Administrator to direct preparation and execution of sdfeme in area declared to bo famine or scarcity area.—(1) Notwithstanding any- thing contained in this Act, if the Administrator is of opinion that a scheme is necessary in the interest of the public or that a state of famine or scarcity prevails or is likely to prevail in any area or that it is necessary to provide suitable work to relieve rural unemployment in any area it may make a declaration to that effect. Such declaration shall be published in the Official Gazette. On the publication of such dec- laration, the Administrator may direct the Collector to appoint an officer as the Executing Officer for the purpose of immediately constructing embankments in such villages 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-sec'ion (i) of section 4 or any other matters specified in sub-sectkfn (1) of that section in such villages.

(2) On the issue of a direction under sub-section (1), the Board shall ask the Executing Officer to prepare a draf scheme, including therein all the works under- taken by him under sub-section (1), and other works in accordance with such instructions as the Board may issue, containing the particulars specified in sub-section (2) of section 4. Such Executing Officer shall prepare a draft scheme accordingly and submit it to the Board for its approval.

(3) The draft scheme submitted to the Board may be approved by it without modification or with such modification 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 in which the lands included in the scheme are situate. On the date OQ which the scheme is published in the village it shall come Into force and shall have effect as If it were enacted in this Act. The provisions of sec- tion 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.

(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 pre- paration of the statement under section 13 or 13-A to maintain the work to the satisfaction of the Soil Conservation 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 owners' liablility under this section.

25B, Power to revoke scheme.—If upon an appli- cation made by the Board the Administrator is satisfied that it is necessary so to do the Administra- tor may, at any time, 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 publish- ed in the village and at the headquarter^ of the district in which the lands including in such scheme arc situate.

[No. U-110I5|5|83-UTL (154)]

R. V. PILLAI, Jt. Secy.

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