The Tamil Nadu Land Improvement Schemes Act, 1959

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Land Improvement Schemes Act, 1959 Act 31 of 1959 Keyword(s): Drought, Erosion, Land Improvement Board, Reclamation, Soil, Soil Conservation Board, Water Land, Work Amendment appended: 6 of 2001 1959: T.N. Act 311 Land lniyro vernent ScAe:i ~ e s 407 THE TAMIL NADU LAND IMPROVEMFNT SCHEF*IFS ACT, 1 !9, TABLE OF CONTENTS. CHAPTER I. ;~ECTIOVS. PRELIMINARY. 1 Short title, extent and commencement. 2 Definitions, CHAPTER 11. NOTIFICATION OF AREAS AND CONTROL OVER TEEM0 3 Notification of areas. 4 Power to regulate, restrict or prohibit certain matters within notified arez? 5 Proclamation of order under section 4 and admission of claims for compen- sation. 6 Inquiries into claims and award of compensation, 7 Method of awarding compensation. CHAPTER 111, CONSTITUTION OF THE LAND IMPROVEMENT BOARD, DISTRICT CQ~IMLZ'TEES AND SOIL CONSERVATION BOARDS. 8 Constitution of the L2(1d I ~ n r n v ~ m p n t Board. 9 Power of Government to req~rire the Land Improvement Board tc: prepus schemc. 10 Functions of the Land Improvement Board. 11 Constitution of Distric:t Committees. 12 Functions of the District Committee. 13 Constitution of the River Valley Soil Conservation BoarL, CHAPTER IV. PREPARATION OF SCHEUES. 14 Matters which a scheme may provide. 15 Power to c'irec t preparation cf schemes, 66 Bublicatio~~ of draft scberne. 1 E S-6-27A 408 T L~..'':~ l t j $1.6 lrt?H~enf schemes 11959 : 'I:N. Act 31 S ?CTIGNS. IT ifiquiry of ic r !o corisidel objections anu submit leport to the Land Improve- ment Board. 18 Power of the Land Improvement Board to sanction or reject draft scnome, 19 Power of the Soil Conservation Board to prepare scheme. 20 Puklication of the scl-ieme. CHAPTER V, EX~CUTION OF SCkIEMES. 21 Appoi~ tmcnt of Executing Officer. 22 Power to enforce scheme. 23 Liability of persolis wnose i ands are not included. 24 Power of Govel-ilmenr: to carry out works under a scheme. CHAPTER V1. MAINTENANCE, RCI'AIB AND USE O F WO!'.KS CARRIED OUT UNDER THE SCHEA~F. 25 Preparctlvn of st:ltement. 26 Obligation of ~CI'SOIIS to ~na:'i~t':in and repair works. 27 L a d nor t o lie f. ;low. CHAPTER VII. RECLAMATION OF WASTE LANDS. 28 Order for taking possession of waste lands. 29 Arrangement for reclamation. 30 Claim for arrears of rent not to be enforced against Government, etr. 3'1 Termination of possession on completion of reclamation. 32 Compensation for period cf possession. 53 Accounts, 34 Recovery of net expenditure incurred by Govcrpment. CHAPTER VIII . MISCELLANEOUS, 35 Appeals. 36 Penalties: 37 Amounts to be recovered as arrears of land rev:-.-- . . ." - ~ E C T ~ O U S . i2r-o(.c 11lr; i tn i l pi> :d.:r at cnyuiries. 39 Power to entcr, survey, etc. 40 Conti~uailce of liability for land revenue, n t c s and czsses, 41 Registration sf doccmznt or map not required. 42 Delegatiorl of powers. 43 Govcsllment to direct preparation of schenzes i;l casts of .tiCL:r.,:cci:J. 44 Power to make rules. 45 Posver to make, grant or atfvailce loan. 45 Ear of certain wits, prosecutions, etc. 7 Power to remove difficulties. 47-,I Rules, ~iotifications and orders ta be placed ':cfore ti;: I.r:islature 48 Saving of other !awr 29 Rcpcals and savings. \ : V e a t . : . i t l sshcmr~o; tfs. , 4 ern,tl to haye bee0 prepared ui;Jrr this ,.'.,.'.cl. 4113 Land Improvement Schemes [I959 : T. N. Act 31 *[TAMIL NADUJ ACT NO* 31 OF 1959.2 THE l[TAMIL NADU] LAND IMPROVEMEm' SCHElClkiS .ACT, 1959. [Azce!vid thz assent of the Presiderrt on the 1st March ?!?GO; first published in f lze Fort Sf. George Gazctt~: olr t h d lGt h March 1960.1 An Act to pruvide for the preparaliou and e~iecution of land inlprovement sc;,emes inclcding schemes for the csnservaliols and improvement of soil and water resources, tbe prevention or mitigation of soil ero- sion, the protection of land against damage by floods or drought, protection d rcser ioirs against sedimentation and tile reclamation of waste land in tlre 3(State of Tamil Nadu]. WHEREAS it is expedient to provide for the preparation and execu tior. of land improvemeqt schemes including schemes for the conservation and smprovement of soil and water resources, the prjvention or mitigation of soil erosion, tne protection of land against damage by floods OF drought, the protection of reservoirs against sedimen- tation and the reclamation of waste land in the 3[State of Tamil Nadu] ; BE it enactei in the Tenth Year of the Republic of India as follows :-- CHAPTER I. Short title, 1. This Act may be called the 1lTarnil NaduJ Land extent and Tll~provement Schemes Act, 1959. comm0uc.f. rnena. (2) It extends to the whrle of the ?[State of Tarnil Nadu] . ----- - .- ----- These words were substituted for the word " Madras 'by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 4 For Statelllent of Objects and Reasons, see Fort St. George Gazette, dated the 17th' April 1959, Part IV-A, pages 238-239. 3This cxptession was substituted for thc expression " State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as arn;ncicd by th - 'l'rnil Nadu Adaptation of Laws (Second Amendment ) Order, 1969. I959 : I'.PJ. Act 3 11 Land I~~~provement Sch- rrls 411 I (3) It shall come into force in any area on such date as the Government may, by notification, specify, and the Government may cancel or modify arty such notification. 2. In this Act- u!;kqs the context other\yi.;e requirds- Definitions3, (a) ' Collector ' rilcans the Collector of the district ; (6) ' Disf lict Cornmiitce means the 1Distri~:t Land Ir~aprovcmcnt Co~nmittce constituted under st;ctiou 1 1 ; (c) ' drought ' m a u s lack of adequate tnoisiurl: in tho land required for cultivaiion ; " (dj ' erosion ' means the removal or displ:icement, of earth, stones or other materials by the action of wind or water ; (e) ' Executing Officer' ineans an officer appointed under section 21 to execute a scheme ; (f) ' Government ' means the State Governmeilt ; (g) 'Inquiry Officer' m3ans an officer appoinied by the Land Improvement Board under sub-section (5 ) of section 15 ; (h) ' Land Improvement Board ' means '.he l[Tsmil Nadu Land Improvement Board] constituted under section 8 ; ( i ) ' notified area ' means any area declared to be a notified area under sectioil3 ; (j) ' owner. '- (a) means- I Tl)is expression was subslituted for the expression " Wadrat I.,and Improvement Board" by paragraph 4 of, and the Scliecfule to, the T a d Nadu Adaptation of Laws Order, 1970. 41; Land improvement Schemes 11959 : T.N. Act 31 (i) ally person holding land in severaltj or jgiiltly .or in sornmon under a ryotwari settlement or ill any way s~lbject to the paymcnt of rcvenur: direct to the Government, or (ii) a landlioldcr as defined in tire 1jTaixil Nadu] Estates Land Act, 1908 (11T~mii Nadu] Act I of 190S), or d. ryot as defillcd in that Act, or (;.:) -z landlord as d~i i i~ed l i r he h/E;~.llabr~i T c ~ l s ~ ~ c y A,t, 3929 (l[Tamil Nadu] Act XEV o!' 1930), or s tznarit as dzfined, in that Act, or ( V ) the Central Govcri~mcnt i l l rcspxct of' tht: land v~stc;d i i i ally depart111t:rii mder t-lie Central cover^?- nlent, and (b) i i ~ l ~ ~ d ~ s - . . (i) (112 pi=rsoa for ihc :ilw: h i n g r~*;civi:ig or :~::iifrcl to ~ i : ~ k ; i ~ i , ~ h ~ t h l ~ ' ~ ' 011 his 0 i ~ i 1 CCC;:LII~ oi i : ~ agci7it, trustez, guardian, manager or receiver fot anothc-,.r g~rso.1, f l ~ c rcnt or profit derivable fiol:~ land, or (ii) a mortgagee with possession, or (iii) a Iessce or sub-lessee ; (m) ' :ail conservatiba ' rn,;iis gropcr land utiTi - - ~ a t i ~ n according to its por'cntialities and includes pre- vention of sui! ~sosion, conservation of moisture, irrigam eioo n herx ter possiL!e and neccssxy, drainage, roeaticnal cropping, im,r?ved tillage and other agronomic pmnticcs cecessary to acl~iicvc mc?ximum produdinn ; (nj ' Soil Conservation Board ' means the kiv.;r Vallcy Soil Co~~servation Board constituted under section 13 ; - -- These wdr:?s were substi, rite(' far the wcrd cGMac'ras" by the Tamil Nadu Adzp txion cf Laws Order, 1969, as amended by the Tami! NaCu AdaptaLioiz of Laws (Second Arnei~dn~ent) Order, 1969, (0) 'wcl,ic i;iod' mcafir any 1a:id ~ h i c l l . a period of not ics, i i i ~ i thrtc consecutive yciirs L;.; b;Lx~~ lying waste on accoulit of water-logging, s:.ljni~y, a c ~ u - l~~ulation of sand, growth 0; weeds, soil erosi i :~ cr aily 1 other cause, or wfiic:r for the period aforesqid kss c.en lying ~lnwltivateci; ) ' i - ' meals iiny work consiiu~tt;d, ereztcd or carrleci out urzdcr a scheme and includes a pastuic or forest provided or raised unc!er a scheme ; (q ) the expressions ' cattle ', ( forest-prodwe ', ' timber ' and ' ti.ee ' have the meanings respectively assigned to them in the '[Trrnil Nadu] Forest Act, 1882 IlfTahil Nadu] Act V of 1882). CHAPTER 11, NOTIFICATION OF AREAS APTD CONTROL OVE2 THEM. , 3. Whenever it appears to the Governmen 1 ti;& in Notifi~a:loiz of :iny area not constituted as a reserved forest aridti :be ][Tamil Nado] Forest Act, 1882. ('[Tamil Nada] 'ct V of 1882), it is desirable to provide for the prepavaticil znd execution of any Ia.nd improvement sche1;i;e or scl~erne for the cons~rvation cr improvement of sub-soil water or moisttire or e:her soil or wz.ter resour : 2s oi fcIr :he prevention or n~ib-igntion of soil erosion 01- i i ~ e pr.cl 'en-ibn of 1;:1d ~ ? y 7 ~ . ! ~ : ~ f . cI::PI;;,~c by f l ~ i ~ c f ~ dl.1 ~ g ? i i , ~ i . :L;E: ,l.:,+,l:ctia11 of rc-,cr~-oirs ::I;: .;~?s'i scdil~e-i; a i i c 2 3 i , : :IC : t ~ l . i :1l?i l ; ~ i l ~f ;!ily \V?.?~C 3 .i!f1, the G ~ ~ ~ j * c i j ; , ; , k r : , i : , j r , ic,y :-p~tific:i~io~;, dcclz.r2 the i:i-r2 to 199 :: C L ~ 3%. . * , . cs, I. . , 2 b:!:.pn e; of I!;! - ?".(;I. /I. III tl?,l,.i s1,se 0 5' ;in;? ;in 6 i f i r ,cl c ;,. 1,: " 1 ' . 4 . ,l,l;er to leg$.- , . Q j l C . - ; ,: i':!..:, rostricr ctr I * \ :iTi,l;,:d in ;;"~;.y ZTC~. in l .pcr , i , c i r-i::'!G lLr!l-jer ;;c!{o~ 24 of 6 5 ~ Jj:Tami: id&:.] ?= *I PI'' .. hibit G C ~ ~ L . ~ ~ I .. : r. . less witbitin 1882 ( l m m i l FTatlnl A c t V ~f l882), or a r : o . . i y C r i : ~ . . : , q c 8 -y :..-lifiecl arezs. v ocen issgerl i~n:lor s.;ciioa 29 of that A d , i l ~ ~ x x:$?vL~ . r may, by notification, regule:~, restrict or prohi'i;it -- 6. ITi!.,csc syor4s ~ 3 r e st;bstiit~!:;;l COT the word F,".d,;; '' :.;,? * . '-\ :-:le 'fzixil r<sij-; ;'. $,'p,i3taGs:j!~ ( ~ f :,;IPS Crcler, 1969, as a!:,,c;.\;;'?:i :-; . i;, ,. - Naric , ~ i < i ~ ~ ~ ? ~ . z t i g i ? of ka:.ia {Second Amefid:~;er.t) C'-..! A:. :: - b .:' > .,d'. (k) ' rucla~ilation includes cultivi tio!~, :i t b n gr nay otRer imp:-ovcr!~ent of larltl ; ' 7 (m) ' s3ii conservaiic~l rneuns propor f xn . , ration i., .lg tu iis potentialities and incl;:: vention of soil ero.;ioir, conserwtion of moii:ti!ri 1 ' tion wherever possible elid neccss:?ry, cmlnage, rc cropping, improved tillage and ot!ler agronojiriz necessary to achi~vi: n?n-:im:!m prcd: !c! , (n) ' Soil Cons~rviition Board ' means tli. Valley Soil Conservatiorl Board constituted uild(,r 13 ; ---- - These w~rrls were substi :!. 1: l for the IV: .~ &~p,q . , *, a ' Tamil N~Gu Adi p t ~ : i 011 ~f L:.w3 Order, 1969, j s zmo;;<c Tami! Naiu .'Laptaiiol? cf L.iws (Seco:ld Ame:;zmaq:) a : I 1959 : T. IV. Act 311 Land Impt.ove..tzent Schemes 415 / (3) Any claim not preferred within the prescribeht period shall be rejected : Provided that the Collector may admit a claim after such period if he is satisfied that the claimant had sufficient cause for not preferring the claim within such periud. 6. (1) The Collector shall poceed to ii quire in the l[~quiriesi n to clalms and prescribed manner into every claim admittcd under section 5. c xnpen sat ion. (2) For the purposes of such enquiry, tl-~e Collector may exercise nll or eny cf the powers of a cikil court for the trial of suits under the Code of Civil r'roc~tfimre, 79C8 (Central Act V o f 1908). (3) The Coi!ector shsl!, after such inquiry, make an award in ws;iing with respect to esch ~ u c h clai~n, setting out therein the Ibllowii~g particulars, namely :- (i) the p e r - ~ ~ ~ i ~ ~ a k i n g the claim ; (ii) the nature and cxtent of the ~ - i ~ l ' r .- r-!ri.i?!?eri a ( i i i ) tilt cx:ciit I t - which the c1~i1i-1 ib tiphcii!; P (iv) the amoiint o! cc,myc-nsatici~ a ~ l a1 ':ktl 31id I::!: pcrssnx tc wilcm i t i5 p~iyablc. (I) The Colle-tor s!ral! gi vc no$ icz i i , tiic ;:i-c.sciiLcd 1?;1b~3i7er of his award to I l l ~ clailnants cr %Irciz. repre:! {:;- t j1:i.s a d to the PLI S O P ; ~ 10 W!;OIII c~inpensaf ion is paysbir. 7. (1) In detcrlni~ii~ ig tI:c z.molint of ~~~npcnsiitic,i;, ~ c t hod of tJ7.c Collector shall bc guided, so far as may br, by r!~e ;warding provisions of st ct i ~ : ~ i s 23 and 24 of the Land Acquisi:i~:ti coi"pe"salion~ Act, 1894 (Cenirnl Act I of 1 S94), and as reprds -~xctters I which cannot L;: dl iirt wiih under those pr-cvisions, by what is just anti rrCL 'il:zble in i?ie circumst Ilcc!j of each CiiSG. (2) I f in nuy c::<,c, t :~ . C X C I - Z ~ S C of ally righ: i:, 121-o13ilti- it. i tll rest]-icii for 3 tii!lc olily, the ccjmperis:itio~? .r!Ilrlll 1,: ; ~ ~ ~ a ~ c i c r l o~!l:~r 312 i-cs~:-zct of t l ~ c period ctr~i.i!sg vS~i,ll:ich i 17:: cxcrcisc o f such right is so ~roilibitecl or i*c: t ric'lccl. c@ * h t 3 -.4 : %+, J=i0 @P, ,ql 9 9 %>:%;. '% c;., % $8 oo, @ G!p 6 C'e Q J.@Q+ 6> 6+ .; OF */ - \ u *' "6.4 O'.& a& 6 B eOj" 9. 4jp Po# .6+ any person llolding lam1 i i i t ; j ; k r - " Qs @+- o, ?b N 0,- 2- PP ., %+:h common undcr a rvnt wnri : ( a t t f t l j i " ye 'Q+ Imp,o~)etnerit Schemes [ 1'359 : T. ;+ *o>.?& / -- -, - - ..-., . ". V b L < TOcC (4 cP 4. a. . F. '?i7 Ye 2 , OC iubject to the payment of rsv~:,;~u il.. ., OI. LZ-j eq .mnnt, or . , 4. 3 6 Of (ii) a lalldlioldi-r as delinzd i,: 11,.1 - ad^] Esta::. Land Act, 1908 (l[Tani i Nscii!] qv*<; 9'. "4 qh Q ' q+ai'o 1908), or a ryot as dcfimd in that Act, br ((79 +?) / b oc 4,$ OF G =Q< OF <% -4 (iii) an inaindar not baing s !ai~dllol~.i -1 "doc On, ~ l j . opQw. % qJn 9 as aforesaid, or p0 3 ("s' (i.1) a landlord as defined l i i lh: $0 dq b~iJ Tenancy Act. 1929 (I[Tamil Nadu] ALL X IV ( I . e0 "'g?/<- 3 $8 ./. $, ?("r- ("O OF %>. Oc a tenant as defined. in that Act, or 3 cc. +93 . 0 "+ 9. ( i ) tile L'sntral Govcriuinc:t~t i i l i .3~1~ ,: c '2 4' ".- P 4;. iaiid vested iri ally 'icpartrii-:ni tuilder t i ~ i . -i 'cutrn I +>d \ opJ%. 8 v . ' c+ %[ ment, and @P n 44 '25 v xo2 "I. C - +p?~, (b) i ir:l~!des-- Gi *P e, % .op (i) ihe par-oil fa1 ;init; bC:i~~g rL.* L : ' < 6 c~4t lcd to rcc2iv; dr. O &, wlle~hei' 011 his ofi~ri CCC: :: @V agent, trustee, guardian, manager or ~ z c ~ i v c r fu,. '3 % p~rsna, the rznt or profit derivable from land, or q@ r" ".;. . Oc b , (ii) a rnorcgagez with possession, oi- *?A, ". > (iii) a lessoz or sub-lessee ; %A (k) ' reclamation ' includes c u i , ;i %:an or any other i~l~provemezlt of land ; (i) ' scheme ' means R S C ~ C I X ~ prr-:I ?;i-cl !,ti kc% f; ( ) ' s c~nservatiell ' means proycr liluc ration according to its potentialities and incluc vention of soil erosion, conservation of moisture tion wherever possible and necessary, drainage, ro cropping, improved tillage and other agronomic F necessary to achieve maximum production ; (n) ' Soil Conservation Board ' means the VaUey Soil Conservation Board constituted under 13 ; I These wJrds were substimer' for the wor2 6 r ~ a < ~ a , , : Tamil Nadu Adaptation cf Lzws Order, 1969, as amend! Tamil NaGu Adaptaptation of Laws (Second Amel;dment) Q Y ~ 1959 : T.N, Act 311 Lard Ir?.lyrovsment Schenzes 417 1[(3) The Dircctor of Agriculture. or such other c;flic:r as thc Director of Agriculture may with the prc- viocs apl~roval of thc Goverrament aominate in this behalf, f:6m i r ~ n z to time, shall be the Secretary ta the Land f n?js!.i;vrmertt i Board.] 4 ( 2 I Gover~i~nellt ijlay, from tii::~. to tillley on tltr: ~~conilr,e~~da;ion of the Land Pmprcvc~i:c~;t h a r d , ;-,;~;:.1E;;i any person wl.19~:: assi~txnce or advice Ihc Land Inii.,iovement Board inay desire .n carrying ~ r r t a l y of the p!-&visions of th:$ Act to ascociaie himself with the Land I :npruvnrc;-?r t Board in :;I ich 1n>:n?lcr., for sucfl purpmeh a * ? r j for -L.CIZ pzriod zc ths Gov::r~:mcnt m . y, by pi-d:s, cnt.cif'j. (b) A j 7 ~ f ~ i - 1 ass~ciaied with the Land I~;ip;ovc- ii;:i!t Board uncles clause (a) fa]. any pi-pose s h d l hnke a rigl~r to falie ~-7,ii. ili :he ~ ; ~ ; C L ~ S C ~ Q ~ I S but shall lloe have ~igl i t :o vote ar a mee!ing of the Land Improveacnt i3c.ard, and shdi not be a filemSL:~- for any o'ihcr purpose. ( 5 ) (a)The term of office of a member ref~-----~I 10 clause (f j or in clause(g) of sub-sectio~(2) shall b:: three yzars or such sharter pericd, as the Governmei~t may fix : Provided that any such inember shaIl be deemed to I I ~ T ~ C vacated his seat if 11s is absent without excuse, suffi- c i e ~ ~ t iu the opinion of the Land Iinprovement Board, fsoni three consecutive ordinary meetings of the Land Im- provement Board. (b) A member referred to in clause (f) of sub- section (2) shall be deemed to have vacated his seat if hc ceases to be a member of the Legislative Assembly or c f the Legislative Council, as the case may be. (6) P inember referred to in clause (f) 01. in clause (g) of sub-sectioil (2) inay, at any time, by notice in writing to the Chairman, resign his office, but he shall continue in office until the election or nomination ef his successor, -- - This sub-section was substituted for the followi~lg ~ut. :-~ect ion by s ~ c t ion 2 (2) of the Tamil Nadu Land Improvemer~t ;chenles (Alz~cndment) Act, 1965 (Tamil Nadu Act 4 of 1965):- "(3) The-Secretary to the Government i n ths ~ ) e p lrtrne:~ uf Food artd Agriculture, or such other outer a:; rnay be noml' ~?a{ed by the Government i n this behalf, from tims to rime, shai B be t11c secretary to the Land improvement Board." 41 8 Land Improvement Schemes [I959 : T.N. Act 31 (7) (a) A casual vacancy in the office of a member referred to in clause (f) or in c l a w (g) of sub-section (2) shall be fillad by fresh election or ngmination, as the caw may be. (b) T1.x person elected or nominated to fill a casual vaca:!cy under clause (a) shall hold office only for tht: remaindt:~ of the term for which the member whose place he takes was elected or nominated. (8) If tllero is a diffetc~ica of opinion among tho members of the Land Improvement Board, the decision of the majority of the members present shall prevail : Provided that when their opinion is equally divided the Chairman shall have and exercise a casting vote. (9) All communications and ordors of the Land Impro- vement Board shall be issued by the Secretary or by such officer subordinate to him as may tie authorized by the Land Improvement Board in this behalf. I power of 9. The Government may, by order, direct the Land Government Improvement Bosrd to prepare plans and estimates for a to require the scheme in respact of any notified area or part thereof : Land Imoro- vement ~ 6 a r d to prepare Provided that nothing contained in this section shall scheme. apply to any river valley catchment area specified in the notification under sub-section (1) of section 13. Functions Of 10. The functions of the Land Improvement Board shall the Land be- gmprovemen t .Board. (a) to make recommendations to the Government as to :hq areas, except a river valley catchment area specified in the notification under sub-section (1) of section 13, in each district for which schemes may be prepared ; (b) to direct, either at its own instancs or on the direc- tion of the Government under section 9, the preparation of schemes cnder sub-section (3) of section 15 ; (c) to consider and approve the schemes so prepared ; (d) to devise ways and means for the execution of the schemes approved by it ; and (e) to perform such other Punctions as m8y b pros- .&ha. 1959 : TON. Act 311 Land Improvement Schemes 419 11. (1) As soon as may be, after the issue of a direction Constitution under section 9, the Land Improvement Board may 2c.n- District stitute for the district in which the whole or part of the Commit tees. notified area is situated a committee called the Distrl;i. Land Improvement Committee consisthg of- (i) the Collector who shall be the Chairmar.,, ex-o$Gcio ; (ii) the District Forest Officer, ex-oJ6cio ; (iii) the District Agricultural Officer, ex -of$co ; (iv) the Agricultural Assistant Engineer who shall be the Land Improvement Officer, ex-oficio ; (v) not more than four members of the State Legis- lature and the Parliament from the district, nc~ninaied by the Cc,llector; and (vi) a member who is an active and prog~essive agriculturist directly concerned with the cultivation of land, nominated by the Collector. (2) 'ihe Collector shall preside over the meetings of the District Committee. (3) The Land Improvement Officer shall. be the ex-oficio Secretary to the District Committee. 12. (1) The functions of the District Coin~~lit~ee sna,ll Functions of be- the District Commit tee. (a) to niake reconimendations to tho Land Improve- ment Board as i o the areas, except a river valiey catchment area specified in the noi.ificatisn under sub-section (1) of section 13, in the district for which schemes may be pre- pared; (b) to perform such other functions for the purpose of carrying out the provisions of this act as may be prescribed; and (c) to carry out the instructions iseucd by the Land Impmvement M t d from time to ti-. 1959 : T.N Act 311 Land Improvement Schemes 421 (2) Tl~e Soil Collservation Board shall consist UT - (a) the *Member, Board of Revenue, in-charge of Lanti Revenue, who shall be the Chairman, ex-oficio; (b) the Director of Agricul~ure, e ~ d f i c i o ; (c) the Director of Fisheries, en-osfcio; (d) the Chief Conservator of Forests, ex-omo; (e) the Chief Engineer (Irrigation), ex-oficio; Q the Chief Engineer (Electricity), ex-oficio; (g) the Executive Engineer having experience in soil conservation work and jurisdiction over the area specified in the notification 3nder sub-section (I), ex-oficio; (h) the Collector of the district concerned, a-oficio, or if the area specified in the notification under sub-section (1) is situated in two or more districts, the Collector of one of the districts designated LJ GAG Government in that behalf; and (i) not more than two members of the State Legislature represent;ng the constituencies which consist of, or comprise, or which relate to, the area specified in the notification under sub-section (1) nominated by the Government. (3) The Executive Engineer referred to in clause (g) of sub-section (2) shall be the Secretary to the Soil Conser vation Board. (4) If there is a difference of opinion amoug the mem- bers of the Soil Conservation Board, the decision of the majority of the members present shall prevail: . . ;. Provided that when their opinion is equally divided, the Chairman shall have and exercise a casting vote. - -- * NOW the Appropriate Authority specified by ~ h e Gorrernment in the notificati@n issued under section 4 (1) Of the Tamil InJadu Board of Revenue Abolition Act, '980 (Tamil Nadu k t 36 of 11 Mo), p b a ~ see section 10 (1) cf he s ~ i a Act. 412 t&d t&roi}er~refit S c h e t n ~ ~ ~ ti959 : ~ . k : Art 3 1 ;(5) .The term of office of e member referred to in cla~lse (i) of sub-section (2) shall be three years or such shorter . , pe.riod,, as *the Government may fix : . I provided that any such member shall be deemed to have vacated Ms seat if he is absent without excuse, sufficient in the opiaion ofthe Soil Conservation Board, from threc consecutive ordinary meetings of the Soil Conservation Board, or if h d ceases to be a member of the State Legislature. . f ' (6) 'A member referred to in clause (i) of sub-section (2) may, at any time, by notice in writing to the Chairman, resign his office, but he shall continue in office until the nomination -. of his successor. . (7) (a) A cacual vacancy in the office of a 111elllber referred to in clause (i) of sub-section (2) sl~all be filled by fresh nomination. .. . (b) The person nclninated to fill a casual v;-,ilcy under clause (a) shall hold office only for the remainder of the term for which the member whose place he takes was norui~ated. . (8) All conxmni~a+ions and orders of the Soil Conser- vation Board shall be issued by the Secretary or by such officer subordinate to him as may be authorized by the Soil Co~~servation Board in this behalf. . . . . CHAPTER ZV. - 14. A scheme may provide for all or any of the following matters, namdy- :- which a ;&erne may pr evil le. . -. . (i) improvement of land ; (ii) conservation or improvement of sub-soil water or moisture or other- soil or water resources ; (iii). . & pfelikntion . . or mitiffation of soil erosion; (iv) prot&tion of land against damage by floods or drought ; 1959 : T.N. Act 311 Lnnd ImpLovemenr .Schemes 423 fv) reclamation of waste land; (vi) imp1 u-gc-ment in the methods of cultivation and cxtollsior of cultivation; (vii) construction of emth-works and mafonry works i n fields, gullies and ravines including constructio~i of catch- water drains aad contour bunding, wherever necessary; (viii) control of the strips of land abutting the road serving as road margin ; (ix) training of streams; (x) prohibition or control of grazing or reservation of land for pasture ; (xi) planting and preservation of trees, shrubs and grass for afforestation of uncultivable land or Ir providing ihelter belts or for any other purpose; (xii) regulation or prohibition of firing of vegetation; (xi ii) in~provemei~ t of water-supply ; (xiv) sediment control ; (xv) farm drainage ; (xvi) farm irrigation ; (xvii) control of the strips of land forming swamps and spring sourps; and (xviii) any other matter which may be prescribed. 15. (1) On receipt of an order of the Government Po- te diract under section 9, the Land Improvement Board shall pmpamios direct the preparation of a scheme for the areas spcified io "fsw the order. . (2) The Land Improvement Board may, if satisfied that it is necessary so to do, direct the preparation of a scheme in respect of any area in a district other than- (a) the area speqified in the order of the Govern- ment undet section 9; and (6) a river valley catchment area specified in the notification under sub-section( 1) of section 13. * '74 Land jrnpr~ vernent Sclzenzes [1959:T. N. b d 31 (3) Oa the issue of a ciirection pnder sub-section (1) or sub-section (2), the Land Improvement Board shall appoint an ~ f i c e r -to prepare, in accordance with such instructiorr as tlie Land Improvement Board may issue, a draft sc:hzme setting out- (c r ) the objects of the scheme ; (b) the boundaries and aJProximate area of the lands to be included in the scheme ; (cj the persons, including the Government, who will be affected bjr the scheme; (d) the works, if any, to be carried out under the . scheme ; - - (el the agency ' or agencies through which any such wcrk shall be carrie. d out ; (f) the beni ts expected directly to 'the lands in which the scheme shall be executed and indirectly off-site to other lands as well as reduction in sedimentation to reservoirs and reduction of flood damage, prevention of road-slips, land-slides and reclamation of lands; and (g) such other particulars as may be prescribed.' (4) The draft scheme so prepared shall be submitted to the Land Improvement Bpard which may approve it either with or without modifications or may reject it , and prepare, or cause to be prepared, another draft scheme. 2 ; . .*- ' I .... . . - . . . . % . (5) Whenever the Land Improvement Board prepares . --U. .. s". .. . or approves any draft scheme, it shall appoint an officer called the Inquiry Officer for the purposes hereinafter specified. Public 11 of draft x heme. ion 16. (1) The draft scheme prepared or approved by the Land Improvement Board under sub-section (4) of section 15 together with the connected maps and plans, if any, shall be fcr~wb~ic l : to tke Collector who shall publish it in the District Gazette and also in the prescribed manner in every village and at the headquarters of the taluk, in which , the lsrnds included in the scheme are situated. # 1959 : T. N. Act 311 Land l~nprovelnent Schemes 425 (2) The Collector shall simultaueously with the . . . - . publication of the scherr.: ir the Pictrict Gazette under - . sub-section (1) require all persons affected by che scheme who wish to make any objection to the scheme or part thereof, to submit their oi~jections in writing to the Inquiry Officer or to appear before him and state their .objections. within thirty days of the date of the publication of the draft scheme in the village. 17. The Inquiry Officer shall inquire into the objections Inquiry ~ f f i - received or recorded by him and submit them to the Land ccr toconsi- der obj i c- Improvement Board together with his report thereon and ,ions and his recommendations, if any, for the modification of the submit draft scheme. I report to the Lan:'. Im- 'provement 'Board 18. (1) After considering the objections and the report Power oft he and the recommendations of the Inquiry Officer 'and an) Land Imp r o v ~ ma. nt further report which -the Land Improvembnt Boardl ma! Board to require from him, the Land Improvement Board may- sanction or re j ~ c t draft .(a) sanction the scheme with or without modification: schemg. Provided that a scheme prepared in pursuance of a direction under sub-section (2) of settion 15 shall not be sanctioned by the Land Impovement Board but shall bo submitted to the Government for their sailction ; or (b) reject the scheme, and direct that, in lieu thereof, a fresh scheme t~ prepared and-submitted for its .- ' .T . I . - sanction, , -. . .+ (2) Where a draft scheme is submitted to the Gdvern- ment under the proviso to clause (a) of sub-section (I), they may sanction the draft scheme with o r without modi- - . .. .. fication or may reject it and direct that a fresh scheme - . -. be prepared and submitted for their sanction. . 19. Notwithstanding anything contained in this Act, ?':if the Soil Conservation Board may, of its own motion and conserva- subject to such conditions as may be prescribed, prepare tion Boa d any scheme for any river valley catchment area speci- to prepare Bed in the notification under sub-section (1) of section 1 "chc- a px oviding for all or any of the matters specified in sectl~ . . ta* Publication 10. ( 1 ) 'l-he scheme prepared by the Soil Conser- of the sche ?c. at ion Board urt Jer sectioil 19 or the scheme as sallctioned by the Land Improvement Board or by the Government, as the case may be, shall be published in tlie District I Gazette and copies thereof shall be inade available in every village and at the headquarters of the taluk, in which the lands included in the scheme are situated, at such places and in such manner as the Collector may direct. (2) On and from the date of tlie publication of the scheme in the District Gazette under sub-section (I), the scheme shall wme into force and shall'havc effect. (3) The Land Irnprovernent Board in respect of a scheme sanctioned by it or by the Government and the .. Sol; Zonservation Board in respect of a scheme prepared 1 by it may, for the purpose of carrying out the objects of the scheme, make regulations requiring any person or persons or the public generally to take certain action or I to refrain from doing certain acts in respect of any matter suppleme~~tary or incidental to the scheme. Appoint- ment of Executing Officer. CHAPTER V. 21. The Land Improvement Board in respect of a scheme sanctioned by it or by the Government and the Soil Conservation Board in respect of a scheme prepared by it shall, when the scheme wmes into force, appoint an of161cer called the Executing Officer to execute the scheme. Power i o 22. (1) (a) The Land Improvement Board in respect of such works under a scheme sanctioned by it or by the scheme* Government as the Land Improvement Board may, by pneral or special order, specify, and the District Committee m respect of other works under such scheme and' the Soil Conservation Board in respect of works under a scheme . prepared by it, shall, by notice given in the prescribed . form, inform the owner of any land in which s6c~works - i i - : have to be carried *out,the &tails of such works and the date before which the owner of the land shall carry them out e 1959 : T. N. Act 3 11 Lar! J improvenzrrrl ScI~unrrs . 427 1 Provided tilat the Land Impxovement Bcard, the - . , . . - i 1 '. I. Soil Conservation Board or the, District Committee, as ' i the case may be, may wherever necessary, direct that any - I I . - . . . work to *be carried out by the owner of the !and shall be ... wried out by the Executing Officer himself and that the cost or part of the cost of such work shall be recovered - . from ther wner of the land. \ --z ) -- I (b) A copy of the notice referred to in clause (a) shall be served in the prescribed manner on sucl2 other person or persons as may, in the opinion of the Land improvement Board or the District Conlmittee or the Soil Conservation Board, as the case may be, be benee- fited in consequence of any work to be carried out and thereby become liable to pay such amount as may be determined under sub-section (1) of scction 23. . . i. (2) If any work is not carried out to the satisfaction I of the Executing Officer before the date fixed in that behalf or if the owner intimates to thc Executing Officer in writing that he is unable to damy out any work before that date, the Executing 0fficek may cause the work to be carried out and recover the cost of the work from the owner. (3) Any amount payable under the proviso to clause of sub-section (1) or under sub-section (2) shall, at option of tlie person liable to pay it, be paid either in L lumpsum or with interest at such rate a5 may be pres- cribed, in equated, annual instalments not exceeding twenty in umber : Provided that wileere a person who elects' to pa! in instalments, coinmits default in the payment tJ; any i nstalinent, the entire unpaid balance shall become irnrne. diately payable. (4) In any land owned by the Governrnel~t, all works slldl' be carried out by, or under the authority of, the department having the control or management of the land, unless the Soil Conservation Board or the Land lmprovenlent Board, as the case may bc, directs the Executing Officer to carry out the works himself. Liability of per- SOW whoselands are not i ncludod . 23. (1) If, in cons4quence of any work carried out under the scheme, any person (including the Government) other than the owner of the land in which the work is done, is likely to be benefited, such person shall pay to the owner of the land if the work is carried out by him or to the Government if the work is carried out by or under the authority of any department cf the Government or by the Executing Officer, such amount and within such time as the Board of Revenue* may determine : Provided that, before any person is required to pay any such i~mount, he shall be given a reasonable oppor- tunity of making his representations, if any, in regard to the matter : Provided further that the payment of ally such amount may be waived by the Government in whole or in pat in respect of any work carried out in land owned by them : Provided also that the Board of Revenue* may, in its discretion, perm't any such amount to be paid + with interest at such rate as it may determine in equated annual instalments not exceeding twenty in number. (2) Any amount paid to the Government under subsection (1) shall be credited towards the amount, if any, due to the Government under the proviso to clause ia) of sub-section (1) or under sub-section (2) of section 22. If default is made in the payment of any amount mder sub-section (1) or of any jnstalment thereof, as the case may be, within the time determined in that behalf in purswce of that sub-section, the amount or where yment i s made in instalments the entire unpaid &ance (which shall be deemed to have become immediately payable on the occurrence of the default) shall be recoverad by the *Board of Revenue and paid to the owner or, as the case may be, the Goverament. -- -4 * By &ue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 56 of 1980) any rcferetlce to ths Board of Revenue i8hall be deemed to , be a reference $0 ,the Stat6 Oovsmliranl. 9 59 :' T.N. Act 311 Land ~rnproi;&ent Schemes E. t 6 24. (1) Notwithstanding anything contained in this Power of Government to & Act, the Government may, in the case of any scheme out works d which has come into for.= under sub-section (2) of section i 20, direct, by notification, that any work linder ?he scheme to be carried out by the owners of the lands shall b : carried out by the Government and that the cost of such work shall be recovered in whole or in part from rhe owners of.tfte lands included in the scheme in such proportion as the Government may fix having regard to the area or assessment, or both, of the lands included in the scheme. , (2) The cost directed to be recovered under sub- section (1) together with htesest at svch rate as the Govern- ment may determine shall be recoverable from the owners concerned in such number of equated annual instalinents payable on the date appointed for the payment of the first instalment of land revenue, as may be prescribed: Provided illat where a person commits default in the payment of any instalment, the entire unpaid balance shell beconle immediately payable. CHAPTER VI. MAINTENANCE, REPAIR AND USB OF WORKS CARRIED OUT UNDER THE SCHEME, 25. (1) The Executing Officer shall, on completion ~repaktion of of r he work in any specified area or part thereof prepare statement. a statement for any such area or part giving the following particulars :- (0) (i) the work done ; (ii) the cost thereof ; I . (iii) the total amount to be recovered from the owners ; (iv) the names of the owners of the lands in- cluded in the scheme ; (v) the general rate per acre or per rupee of assessment per annum at which such cost is to be reco- vered from the owners ; Obligation of persons to maintain and repair works. (vi) the period withi11 which such ~ o s t i s to be recovered ; (vii) the work which i his opinion shall be maintained or repaired individua ly or jointly and the name of every such person ; 4 (viii) the follow up of soil collscrvation practices that are to bo undertaken in the field by the owners of aay of them ; (ix) the rights, if any, of the owners or any of thzrn i i , rcgard to the use of s~icli WOJ'K; (bi in the case of any survey nt~rnber or sub- division o ally survey number- ! (i) if the owner is not liable to maintain or repair the works therein, a list of such survey numbers or sub-divisions ; (ii) if the cost is to be recovered from an owner at a rate other than the general rate referred to in item (v) of clause (a), a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner or owncrs of such survey numbers or sub-divisions; (c) a map and plan, if any, showing the jqituation, extent and nature of all works ; (6) such other matters as nlay be p~escribed. (2) When a statement is prepared under this section, any rights and liabilities shown therein shall be entered in the record of rights or where there is no rccord of rights, in such village record a ~ c ! 911 ch mPnnt.;r as may hc pres- cribed and shall thereupon form part of such record of rights or such village record. . 26. (1) Every person shown in the statement prepared under section 25 as liable to maintain or repair any work shall to the satisfaction of the Collector and within such time as1 the Collector may fix, maintain or 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 and shall undertake such follow up soil conservation practice6 as may be prescribed. I 959 : T.N. Act 3 11 Lrtud Ir.iprovemetit Schc~ties 43 1 (2) If any person fails to rneintain or repair the work within the time fixed by the Collector under sub- section (I), the Collector sl~all himself arrange for the main- tenance qr repair of the work and recover the cost thereof from such persol]. (3) Any dispute as to the amou~lt to be recovered under sub-section (2) shall be decided by the Collector. 27. No permon shall leave any land to lie kllqw con- Land not to lie tinaously for inore than two years if in respect of such land filllow. any work under a scheme has been carried out. CH4PTER V11. RECLAMAI'ION OF WASTE LANDS. 28. (1) If ! 11e Land ilnprovement Board in respect of order fpr taking auy scheme sanctioned by it or by the Government or the p ossession of the Soil Conservation Board in respect of any scheme waste lands. prepared by it is satisfied that for the purpose of executing such scheme it is necessary that temporary possession of any waste land s11ould be taken, the Land Improve- ment Board or the Soil Couservation Board, as the case may be, may, by order in writing, direct the C~llector to take temporary possessio~~ of the land on behalf of the Government on such date as m. . y be specified ill that order. (2) The snicr shc~ll be made in such lo, nl :~ni1 b:ou$ht lo the i?olic\: of tho o\v!ier as well a:, :fny oihm 1 3 2 ~ ~ 0 1 who m..iy be in possessior of the 1an:i in such IIU lliler, as m r y be ~1~escribe:l. (3) On the date sptcified in the order, the Collector or any other officer authroised by urn in this behalf shall enter upon aitd take possession of the land or, behalf of th.e Gcvernment. 29, When the land has been taken possession of, the ,?rrangarnent rlainatiou. u~ficer appointed by thz Soil Conservation Board or the for Land Improvement Boaid, as the case may be, fgt ;he purpose, may arrange for its raclamatio~~ -- (a) by retaining it under his managemeilt for such period as he thinks fit ; or 432 Lmd Impro vemen f Schemes [1959: T.N. Act 31 (b) by settling the?period and such terms as may be fixed by the Soil Conservation Board or the Land Improve- ment Board, as the, case may be, with the person who on the date of taking possession under sub-section (3) of section 28 was in lawful possession of the land or was entitled to such possession or, if any, such person is dead, with his successor in interest ; or (c) by a combination of the methods aforesaid : Provided that the total period for which the land is retained under this section shall not execeed fivc yeais from the date of taking possession. uaim for 30. No claim of any person to any arrear of rent accrued arrears of rent or due in respect of the land for the period prior to the not to be enforced against date of taking possession shall thereafter b9 enforced by Government,atc. any Court, whether in execution of a decree or otherwise, against the Govercment or aginst any person holding the land under :he Government or aga.inst the land during the period such land is in the possession of the Government under sub-section (3) of section 28 : Pmvided 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 exc!uded. Termination 31. (1) When the kclamation of the land is in the possession on opinion of the Collector complete and in any case before completionof 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 siven : - . - > Provided that an order under. this clause ~ ~ q f y i n g any person other than the person fromwh'om ptdessioq of the land was taken under sub-section (3) of section 28 shall not be pasied ' unress notice has been gi* ' to the owner, or if he is dead, to'his heirs or legal representati- ves and his or their representations, if any, have been co n sidered ; 1459 : 'T.N. Act 311 L.nndTntpr~ot.emer-ltSch~~~~e:; 433 ($) whe-e the person to whom possessioi~ of the land i s ivcl~ is n tonant, dotermine in the manner pres- ctaibctl 110 f rcnt pityahlo by him to the owner. (c) where tho laad or any part thereof has bb; ;rlli~~l.ated, reguhto the cutting of thc trees on such land ;tu:ordiny 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) Thz delivery of possession of the land under sub- section (1) shall be a full discharge of the Government froin 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. 32. (1) As soon as may be after the date of taking poss- Compcnsatio~l essioo of the land, the Collector shall make a3 inquiry in for pariod of the prescribed magner and determine- poss8osion. (a) in respect of any land which on tile said date was in the occupation of a tenant- (i) the annu?! rert pavable by him ; and (ii) the average net annual income, if any, after tlcducting the annual rc.nt payable by hi~n,derived by him tiuring the three years immediat6ly 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 com- pensation 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 (I), the amount determined under sub- c1au.w ( i ) of that clause to the .owner and the amount determined under sub-clause (ii) thereof to the tenant ; aad 434 ~&tdlm~rovemeni schema 11959 : T.N. Act 31 (b) in respect of any other land, the amount deter- mined under clause (b) of sub-section (1) to the owner. Accounts. 33. The Colleotor shall maintain in such form .and in such manner a& 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 airy other person having an iuteiest therein may, on paymen c of a fee of fifty nayc paise inspect the account. Recovery of net 34. (1) The net expenditure incurred by the Govern- expenditure inei~tonthe reclamation ofthelzndtnder the provision^ by of this Chapter or such part of that expenditure as the Government. Soil Conservation Board or the Land Improvement Board, as the case may be,may,by gencral or special order, direct, together with interesr calculated at the prescribed rate and in the prescribed manner, shall be recovered from the person to whom possession of rhe land is given by the Government under sub-section (2) of section 31. ('2) The amount to be reoavered under sub-section (1) from any pemon shall be decided by the Soil Conservatioil Board or the Land Improvement Board, as the case may be. CHAPTER VII I. Appeak. 35. (1) Any person aggrieved by an order awarding cornpenration 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 malmer as may be prescribed. - -- -- -. -. .--- *BY virtue. of section 10 (1) of the Tamil Nadu Board ot Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980) any reference to the Board of Revenve shall be deemed to be a reference to the State bover nment . (3) Notwithstanding anything contained in sub- section (1) or sub-sectinn (2), the Board of Revenue* or the Governi~~e~t, as the case may be, may admit an appeal perferred after the period specifikd therein, if the Board of Revc.iru.e* is or thc Government are satisfied that .tho npp~l!.;nt had sofficiei~t canse for not preferring the appeal wi!!iin that peri,od.. (4) The order of' the Board of Revenuo* or the Government, as the case may be, on such appeal and where no appeal is preferred, the order which hits not been appealed again~t, shall be final and shall not be called in question in any Court of Law. 36. If any person- Penalties. (i) contravenes any of the provisions of a scl~ome which has come into force tender 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 suclz 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 ors any such rule or regulation, he shall be punishable with fine which may extend to five hundred rupees. * By virtue of section 10 (1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 ('Tamil Nadu Act 36 of 1980) any refxence to the Board of 'Revenue shall be deemed to be a r-fcrence to She State Govera.ment. 436 i,unJ Improvement Schenres [1959 : T.N. Act 31 Ar,., url! s 1[37. All amounts payable to, or recoverable by, the to be re- Government, the Board of Revenue*, the Soil C~nserva~tion covered arrears as of Board or the Land Improvement Board or any officer land of the Go~lernment under this Ast, may be recovered- revenue. (c) 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 mainten- ance or repair of any such work has been carrie~ out, as if they wero arrears of land revenue due in respect of that land.] Procedure 38. Any authohty having power to make an enquiry and Power under this Act shall make Ithe enquiry in the manner at enquiries. . provided in the PITamil Nadu] Revenue Enquiries Act, 1893 (2[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 Nadh] Revenue Sum~nonses Act, 1869 (a[Tamil Nadu] Act I31 of 1869,) power to 39. (1) Any person authorised in writing in this behalf enter, by the Soil Conservation Board, the Land Improvement SwveY9 Board, the Board of Revenue* or the Collector may, etc. for the purpose of exercising any power coderred 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 upoq, survey and mark out such land and do all acts necessary for such purpose.. -- I_ - l This section was substituted for the following secticn by section 3 of the Tamil Nadu Land Improvement Schemes (Amendment) Act, 1965 (Tamil Nadu Act 4 of 1965) :- " 37, Amounts to be recovered as arrears 4f land revenue.-All amounts payable to, or recoverablls by, the Government, the Board of Revenue, the Soil Conservation Board or the Land Improvem~nt Board or any officer of the Government under this Act, m;, 'be recovered as if they were arrears of land revenue . 99 2 These words were substituted for the word " Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu A.daptation of Laws (Second Amendment) Order, 1969. * 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 1,oard of Revenue shall be deemed to be a reference to the State Govern inent . - - * , I , 1959 : T.N. Act 311 LandIrnprovement Schemes 437 (2) In particlrlar he may- (a) take levels, (b) dig or bore into the sub-soil ( c ) placc, erect or rnakc oa any land any peg or mark illcl~~ding trenches or bouildaries which he deems to be necessary, (d ) do all other acts necessary to ascertain whether tlzc land is adapted for such purposes, and (e) where necessary, cut down and clear away ally part of the standing crop, fence or jungle : I 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 ill carrying out any operation under this section, there shall be paid compensation the amount of which shall be determined in the manner and in accordailoe with the principles hereinafter set out, that is to say- (a) where the amount of compensation can bo fixcd by agreement, it shall be paid in acconla~ice with such agrecrncnt ; I (b) where no such agreement can be reached, the Collector shall determine the amount of compcnsatim in accordance with the provisions of tho Land Acqt~i:;itior? 1 Act, 1894 (Central A.ct I of 1894). 1 (4) Every prsod who is appointed or al.thorired i to exercise any power, discharge any duty or perform any function by or under this Act shall, when acting or grlrporting to act in pursuance of any of the provisio12s or t h i s Act or the ru1c:s or rcgu1:tlions mads :l;.cicl .ndC~-, 5c dcemcd to 1~ rt p::blic :.(:l3vant \vithin thc i;lcz~z'nji i$ :cction 21 (:I' 1.11~ T1-2:l Brc.n::l Code (Central Act XLV cst l8GO), and cvrry pl!rso~~ who is required t o ~,~i.b!:i i!, a 1.. o~~inio11 or pnrtrcl~lar shall bc deemd to be legally hotinct to do so wit hiq the mcaqinp, d the said Corle. 438 Land Improvement Schernzs [I959 : T.N. Act 31 Continu- 40. The taking and retaining possesdon of any land ante Of 012 behalf of the C - n ~ r ~ ~ l ~ ~ n e n t under this Act shall not liability for land a&ct tho liability of any person to pay land revellue, revenue, rate or cpss in respect of such land for any period, whethbr rates and bbfore or after the date of taking possession. cesses. Registrat- 41. (I) Nothing in the Indian Registration Act, 1908 ion ~f(Centr.al Act XVI of 1908) shall be deemed to require document tho rogiatra,t.tion of any record, document, plan or map or map not required. prepared, . . made or sanctioned in connection with a scheme i ~ ! ~ i c k has come into form and ally such record, dccl meilt. l.?::l or 'map shall, for the purposes of sections 48, 49 L and 50 of that Act, be deemed to have been duly registered in accordance with the provisions of that Act. (2) Subject to such rules and to the previolls payment of such fees as may be prescribed- (a) all such records, documents, plans and maps snail be open to the inspection of any person appljing for such inspection ; and (b) cople.; of such records, documents, plans and maps and accounts maintained under section 33 shall be given to any person applying for such copies. Delegation of POWGSS. 42. (1) The Soil Conservation Board or the Land Im- provemeint Board may, by general or special order, delegate to the Secretary to the Soil Coirservation Board or the Land Improvement Board, as the case may be, and the District Committee may, by general or special order, dele- gate 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 I~nprovemcut Board or the District Commiitee, as the case may be. , '* c. 1959 : T.N. Act 311 Land Iinprovernent Schzms 439 (2) Subject to such rules as may be prescribed, the uovernment, the *Board chf Revenue or the Collector may delegate any of the power:; conferred on, duties imposed upon, or functions entrcsted 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. 43. Notwithstanding anything cuntabed in this Act, the a v e m - Goverilment may, in the case of any flood, cycloile, famine mcnt to or scarcity, or other emergency, direct the preparation and direct pre- paration .of execution of a scheme in such a manner, by such authority sehemss or officer and providing for such mattezs as may be pres- of cribed. emergency. 44. (1) The Government may, l[ **I, make rules Power t o for the purpose of carrying into effect the provisions of this "b f Act. (2) In particular and without prejudice to the ge- nerality 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 sha?l 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 su.b- section (3) of section 22 shall be intimated; (d ) the manner of giving ilotices under this A d ; (e) the procedure to bc adopted for thc assess- 111cnt of the cost ; -- - -." -- IThe words " by notification " were omitted by section 4 ( I ) 01 t i ~ c Ta~nil Nadu Land Improveme~~t Schemes (Amendment) Act, 1965 (Tamil Nadu Act 4 of 1965). * ':3y vim tue of scction 10 (1) of the Tamil Nadu Board of Rever~ur: AboIition Act, 1980 (Tatnil Nadu Act 36 of 1980) any reference to t l~c Board of Jtevcnqe shall be dcemcd to be a reference to the State Goyernmellt. 1 440 Land Improveinent Schemes [I959 : T.N. Act 31 (j) 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 pi,l~chayat concerned and the manner of giving publicity to s ~ c h scheme ; (11) the procedure to be adopted for carrying o~rt the purposes of section 43. Ibwer to 45. The Collector or any officer au thorised by the make, grant or Collector in this behalf may make a grant or advance a advance loe!~ ro any person for carrying out any work under ally loan. schcmc on such terms and conditions as may be prescribed. Bar certain Of 46. (1) No suit or other proceeding shall lie against suits, pro- tlie G~vernmvnt for any act done or p~!rporting to be done secutions, under this Act or any rule madc tlicrcunder. etc. (2) No a u i l , prosecution or ot.hcr proccediiig shall lie aguinbl any officar or servant of tllc Government or zny public serv;:ilt for any act done or p!:yorting to bc done uilder t h i s Act or any rulc c;r rcguletion made thereunder, w: tho::'; t l x prcv'ots s a 4 ~ : u u ur the Government. (3) N I officer or servant of the Government, and no p:\bl;c r.ervant shall be li.C.ie in rcspcct of any s ~ c h act in civil or crin?inal procccdi~zg ;f tllc act w3.s done in go:A faith and in the course of the exerci:c of the power:; conferred, the discharge of thc duties in~posed or thc gcrf~imance of the functions entruc.ted, by or rrilder this R ct or the rules or regulations made there-rnder. 1 'T'hc following sub-section (3) was olnittcd by section 4 (2) of the Tzrxil Nadu Land Improvement Schemes (Amendmcnl) Acr, 1965 (Tamil Nadu Act 4 of 19G5) :- " (3 ) A11 rrilcs ninde arid all nntificatic~ls issued unc!er this Act sh;ill, :is soon :is possible, after ttlcy are lnadc or issued, I?e placed 3n the table of both the Houses of thc 1-egislature a id sh..ril bc subject to such nixliiications by way of an~endment or repeal as the Legisla turc may make cither in the same session or in the next sessioil." $ 47. 1(') If any di.iScu1-ty a r i w in @%g efitrx io r;l; T5wzr tr provisions of this Act, the Government may, as occasion zz!$tia may require, by order, do anything which appears to I them to be necessary for the purpose of removing the difficulty. Rules, 3[47-A. (1) All rules mado under this Act shall bc notificat- ions and published in the *Fort St. George Gazef te and unless they orders to are expressed to come i~l~to forcc ' on a particular day, shall come into force on the day on which they art. so bzfore published. (2) Every ruic made or notification issv.ed ~tnder this Act and every order mncl~ under section 47 shall, as soot1 3s possible, after it is mnde or issued, be placcd on the :,:$blc of both Ho~~ses of the Legislature and. if, before the expiry of the session in which it is so placed, or the next session, both Hov.scs agree in making any nodifi- cation in any such rub, notification or order or both Ho~tses agree tht~t the rule, notification or order slio~tld not be made, the rule, notification or order shall thereafter have effect only in such modified form or be of no effect, as t':e case may be, so howevel: that any such modificz'inn or annulment slznll be without prejudice to the validity of anything previously done under that r~ilc, notification or order.] The brackets and figure " (1) " were omitted by scction 5 (1) of tiis Tamil Nadu Land Tn?provemel~ t Schemes (Amsndmcnr) Act, 1965 (Tamil hTadu Act 4 of 1965). :: The followii~g sub-section was omitted by section 5 (2), ibid. " ((2 All ordcrs made under sub-qection (1) shall, as soon as gossiblc after they are made, be placed on the table of both tho i-louses of the Legislature and shall be subject to such rnodificatiorls by way of anendment or repeal as the Legislature may make either in the same session or in the next session. " Legis- lature. T h i s section was inserted by section 6, ibict. * Now the Tamil Nadu Governnlent Gazette. tand~mprovementSche~es t1959: T.N. Act 3P 1 Saving of 48. Save as otherwise provided in this Act , the provisions laws* 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, &peals and 49.(1) The Madras Land Improvement Schemes (Contour savings. Bunding aud Contour Trenching) Act, 1949 (Madras Act XXII ot 1949), and the Travancore-Cochin Land Develop- ment Act, 1950 (Travancore-Cocliin Act XXXVI of 1950), in so far as the latter Act applics to, and is in force in, the t-vsferred territory, are hereby repealed. (2) Notwithstanding such repeal, any appointment, rule, order, notification or scheme made, issued or sancti- oned under either of the Acts mentioned in sub-section (1) and in force on the date on which this Act comes into force, shall, in so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or sanctioned under the provisions of this Act, unless and until it is superseded by any appointment, rule, order, notification or scheme made, issued or 'sanctioned under this Act. (3) The provisions of sub-section (2) shall be without prejudice to the provisions contained in sections 8 and 18 of the *[Tamil Nadu] General Clauses Act, 1891, ( v a m i l Nadu] Act I of 1891), which shall also apply to the repeal of the Travancore-Cochin Land Development Act, 195Q (Travancore-Cochin Act XXXVI of 1950), as if the latter Acr had been a 2[Tamil Nadu Act]. , (4) For the purpose of facilitating the application of this Act io the transferred territory, any court or other authority riay construe this Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority. (5) Any reference in any law which continues to be in force in the transferred territory aftel the commencement f : These words were substituted for the word c'~adras" by the Tam! Nadu Adaptation of Laws Order, 1 969, as amended by 'the Tad1 Nadu Adaptation of Laws (Second Amendment) ~ r d ~ r , 19696 ' This expression was substituted for the expression 'L Madras Act " by paragraph 3 (2) of the Tamil Nadu Adaptation of Laws Order, 1970. i - * - - - 4 . f . . r *p* :,= * '&=-&j,gC rj-=/ ,"*j- -& h; - - - - --- - - -- fiA,?- 2 y y j 'I y?. -2,:- * ,- ~ ~ ~ , ~ . a ; ~ * : - - &% X3!3q-bd; -2. - =-2 - -;.1. in 'relation Lo tfia1 t f ;~ l inuq *& 2 ;--- -- -- --- - - 7'w - to this Act. 1 (6) Any rol'~roncc in this Act to a law which is not 111 I;)~:cu ill t i lo tl-:ulsfel.rccl tcrritory shall, in relation to IJI:LI L~rrjf,oj-y, I](: ~ ) ~ ~ ; t r u e d a reference to the corres- I,',fi(jfrcy law, j i ally, t i1 icfr~.: in rhnt territory. Explanation.-For the purpose of this section, the expression '' transferred territory " shall mean the Kanya- kumari district and the Shencottah taluk of the Tirunefveli District. 50. (1) Any scheme prepared, any proceeding or zction Certain t,ken and anything done in pursnance of any agreeme171i sch"mes, etc., executed by any owner relating to soil conservation beL, e deemed to the commencement of this Act, skall, notwiths.tanding ;:ny- have been thing to the contrary in such agreerncnt, be deemed to have prepared been pregared, taken or done under this Act, by the Soii under ths Conservation Board, if such agreement relates to any Act. river valley catchment area specified in the notification under sub-section (1) of section 13 and by the Land Improve- ment Board if such nzrcement rclates to any other area, and shall have effect accordingly, notwithstanding that it is inconsistent with this Act. (2) Notwithstanding anything contained in this A d , if, after the 14th March 1956 and before the.commencemel1t of this Act, any work has been carried out or taken in hand but not completed by the Government or any officer subordi- nate 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 exec-ated by the owner of such land, section 24 atid 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-~ction (!) c.f section 24 in respect of that work. Part 1 ~ 4 e c t i o n 2 Tamil Nadu Acts and Ordinances. Thc following Act orlhe Tami! Nadu Legislatjvc Assrmbly received the assent of the Governor on tbc 17th February 2001 and is hereby published for general information :- ACT No. 6 OF 2001. BE if e~rncled bv the Lcgis i~~~ivr . Asscrnbiy of the Stnte of Tamil hrarilr in he Fvty-second , Yr*~rofrl~eRrpl;li~blico~l~tlli~n.sf~ll~~:- 1 . (1) This Act may be called the Tamil Nadu Land Improvemenl Schemes shon t i t icand (Ame~tdtnchl) Atl, 200 I . cornrnencc- mcnt. (2) It shall come into force on such date a s ~ h c State Government may, by notificolion. appoint. 1 a r ~ i i l Nart~t 2. In scciion g of the TamilNadu Land Impravement Schemes Act, 1959 (hereinafter Arntndmcnr o 3 1 01. refcrrrd to as [hc principal Act),- scc~ian 8 , 1959. I (i] for clauses ( h ) and (bh), thr follow in^ clauses shall bc substituted, " ( b ) tlic Conln~issioner nf Land Reforms, r .~-of lc io: .I ( h b ) the Secrclary to Government incharge of Agricultum, v.r-officio: ( I ~ t d ~ j fhe Secrcrary to Governmcnr incharge of Erlvironnlen~ and Farest, . l ' l ~ - i~ / / ! ( ' iO , 20 T A M I L NA DU GOVERNMENI ' GAZE'1"I'E EX'l'li Aoli D I N A R Y (iii] for clause (P), the following c l a ~ ~ s c shall bc ~ubs l i tur~ i l . ~ la[ t~c ly: "(r) 111~ Cliicf E~yinecr (Agr i c i~ l~ t~n l Engincuri~~g). ivl~r) shiill bc lhc Mcmbrr-Secretary. ex-ojficio:": (jv) in clause (g), for the' expression "a member who i s an aciive and progressive agriculturist", the expression "three members who are active and progressive agricul rurists" shall be subsritu ted; (2) sub-section (3) shall be omitted; (3) in sub-section (91, for the expression "Secretary", the expfession "Member- -- 'Secretary" shall be substituted. Arncndmnt of - 3. In section 13 oft he principal Act, in sub-section (3, for clause (n), the following ~cciion 1 3 - clause shall be substitutc.d, namely:- - . "(a) the Commissioner of Land Reforms, who shall be [he Chairman, ex-oficio;". Subs~itu~ion o f 4. For section 14 of the principal Act, the following section shall be substii~~ted, scction 14. namely:- "1 4. Moffers which a sclrelne ~nayprovidc. -A schcme may provide for a l l or any OF the following matters, namely:- . . , (1) identification nfpriori ty watersheds by field survcy and by using techniques like remote sensing and by themethodology prescribed by the Land Improvement Baard or, as the case may be, by the Soi1.Conservation Board. ~x$o,rarion.--~or rhe ptlrposeof this clause,"priori~y watershcd" mcails a watershed which is subjected to severe soil erosion hazards leading to loss of valuable top soil, loss of fertility and siltarion of reservoirs, tanks down below and he watershed which should be tackled immediately to prevent further erosion and loss of top soil; (2) measures to control soil erosion due lo waler and wind sucll 35 tllc following, namely:- (n) construction of conlour or graded bunds (narrow base rerracc). bench terraces bundhis with surplusing arrangement and disposal ou~lets arrarl~enlcnts for planting on earthfill surfaces; ( b ) levelling of land and improvcmcnl of soil by apptying approprlalc amendments, manures and ierlilisers; (c ) adopti ~g appropriate farming or tillage ~ r a c ~ i r c s such as contour cultivation, srrip culr ivation, shallow or deep culr~vatioa; (ri) growirg up quick maruring leguminous crops duril~g rainy seasot] and growing row crops w i ~ h appropriate conserva~ion tnensurcs: (e ) retirement of any land from cul~ ivat ion i T ils co~~linuance u~ ldcr agriculture is prejudicial tc hat land or son= other land; V) afforestalion of degraded forests and non-agl-icull~tral lands along with closures and necessary soil conservalion pmc~ices with a view lo promoling improved tree growth, from foresfs 2nd village woodlots: (g) d ~ v e l o p r n e n t or grasslands and Illel-cum-Toddcr rcscrves ill I wastelands, con~muniiy la r~ds or Governmenl land; wilh appropriate soil co~isvrvatio~~ measltrcs such as contour dykcs and check dams; ( h ) conlrol or regula~ion of srazing, fellins or lopping oC~rtcs or clcarins of bushes; TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 2 1 (i) raising of utilily trde plants on private lands, community lands or waste lands with a view to provide additional supplies of feed fodder as well as vcgerables, besides raw-materials for subsidiary industries and income therefrom such as planting of sisal, cashewnut, sasbania grandiflora, drum stick and amla;. I 'Cj) planting and growing of trees, shrubs or grasses for providing shelter bclt or wind breaks or other protection purposes; (ti) prevention of breaking up oC marginal and sub-marginal lands for cullivaiion purposes; and (I) controlling and establishing torrents C ~ T chose, landslides and slips roadside and cattle pakh erosion, by biologicaI and engineering measures, such as check dams, spurs, retaining walls and revetments; (3) construc~ion of earth and masonary work! in fields, gulIies and ravines including catch water drains, whercver necessary; (4) (n ) construction of small storage struclures including ponds at appropriate locations in private lands, conirnunlly lands or Government lands with a view to increasing s~rCace detention; (b) construction o f depression storage in the catchment to promote greater iafil~ralion, re81uce silt4oad in channel flows and peak flows, farm, ponds and other water harvesting measures combined with erosion and gully control works; (c) restoration of degraded Iands for better management; , (d) increase institulionalisation of incident rainfall by creating potential Tor providing protective and supplemental irrigation and thus increase production taking , up nalla plugging, field bundhis, tanks, erc., with a view to increase better ground water recharge and somz subsequent ulilisation for productive as well as domestic usc of water; (5) control O F water logging and impeded drainage including development ofwatcrlogged areas into ponds, opening of drainage ditch, increasing number ofculverts and other cross drainage works for releasing larger portion of the affected area for development and utiIisation for productive management; (6) ~cclamarion of lands subject to salinity, alkalinity, by providing appropriate drainage syslem wit3 storage. ponds, wherever necessary; applying amendments; impounding water for wshing down thc injurious salts and taking up appropriate crops t o reduce the harmful salts for increasing aggregate production; (7) irrprovemenr orsandy soils by constructing bundhis, pIanting grasscs, shrubs and Irccs, kvelling the land, restricting the depths of cultivation, growing legun~inous crops and conlrolling grazing and exploitation; (8 ) taking up consolidation of holdings ia the notified area, in accordance with thc relevant law on the subject, for better use of the land and the avaiIablewater and for r hc disposal of thc excess water; (9) introducing syslcm for utilisingproductssuch as sisal leaf, cashew pods for enhancing employment and income therefrom; ( 1 0) pro~cction of land against damage by flood or drought; ( I ' ) training or strcanis; ( 1 2 ) r u g u l a ~ i o ~ ~ Tor prohibition of firing oi vcgctalion; ( I 3 ) inlprot,cnlcnt of wa tcr supply; - . 22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY -- . - - - (15) farm drainage; (1 6) farm irrigalion; (17) conrrol of the srrips of land fornlir~g swamps and spri1.g sourccs; and (18) any other matter which may be prescrioed." Arnendmenl of 5 . In section 23 of the principal ~ c t j - section 23. , ( 1 ) for the words "Board of Revenue", in three places ~vhcrc they occur, the words "Commissioner of Land Reforms" shall be substi~ured; (2) in sub-section ( I ), in the third proviso,- - (a ) for the words "in its discretion", the words "in his d k c r e i i o t ~ " sllall be substituted; (b) for the words "as i t maydetermi~~e", the words "as he may determine" . . shalI be substituted; hmmdnlcn~ of 6. In sections 35,37 and 39 ofthe principal Act, for the words "Board of Revenuc", secliOns 351 wberever they occur, the words "Commissioner of Land Reforms" shnjl be subs~i~u ted ; 37 and 39. Amcndrnent of 7. In section 42 of the principal Act, in sub-section (21,- section 42. ( 1 ) for ibc words "Board of Revcnuc", t l ~ c words "Con~niissionur ol' Laarl Reforms" shall be substituted; (2) the word "it" in two places where it occurs, shall be omirted. Insertion of new 8. After section 42 or the principal Act, the following section shall be inserled, sec~ion 42.A. namely:- "42-A. Evul~tation of scl?er~rcs.-( I ) Notwithstanding anything contained io this Act, tbe Land Imnrovement Board in respect of any scheme sanctioned by it or by the Government, anu i .e sod Conservation Board in respect of any scheme prepared by it, - may u~rect rhe District Cornmiltee or any other insrilu~ion to evaluate periodically a n y such schemes as may be specified in such direction subject to such rules a s may be made i n this behalf and in accordance with the provisions of this scction- (a) to identify tbc benefits of the scheme; ( b ) to identify trchnical approaches for measuring such benefits; and (c) to coltect time series datb for rhe purpose. (2) The benefits referrcd to in sub-section (1) shall, in general. be of rhe following kinds, namely:-- ( i) Direct land prolection against erosion such as gullyit~g; (iii) Appreciared valuc of restored land; - (iv) Proportionate investment on dam and ils command, protcclcd under major. medium and minor irrisation projects. :., TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY - -- B. Producrivc Benefit- (i) Additional rainfed production from catchment of the structure; (ii) Additional production from mini command o f the structure; (iii) Production from restored and irrirgated lands which were othenvise out of cullivalion or plant management. (i) Casual ernploymenl due to construction of bunds, terraces, raising o f plantations, etc.; ( i i ) Regular employment due lo intensification of land management or improvement of cropping or plant managemcut; (iii) Ratio of the post-project employment (Regular) can be termed as cmploynlent improvement ratio and taken as an index for charging the effectiveness of rhe plan and its irnplemenlation. I (3) For Lhe purpose of evaluation of a scheme- (u ) certain mini-project areas representing typical package of conservation praclices are to be selected; ( b ) the investment made on the scheme, such as the investment made for ihe following pu:poscs, shall also be raker, into account, namely:- (i) Land treatment; ( i i ) Land restoration; ( i j i ) Constmction of erosion control and Water harvesting structures; (iv) Mini Command Development; (c) pre-project and post-project datas are to be c:ll-cted wilh respect to the , - rollo~ving, namely:- (i] Hydrologic and Sedimentation including cIimatic and watershed attributes; ( i i ) Socio-economic data, which .~ i l l cavcr family sizeand econamics, holdings. crop and plant management, production and return and employment.". (By order of the Governor) - I K . PARTHASARATHY. Secretn!?~ lo Gov~rnm~enr, Lo lv Deparrtn en). . . , . . - -. - - . - -. - - - - --+ In l~ l i i ' l 1.1, :IN11 I'IIDLISHLU i l Y I l l r i DIKECTOII 01: S'Ttl-T1O? I:HY AND PRINTIKG, C'HEhliiAl ON UEllAl.1' OF' TllE riUVF.UNMEWh' 01: Tt\blll. NADU 1959TN31.pdf 2001TN6.pdf