MAHARASHTRA KHAR LANDS DEVELOPMENT ACT, 1979

11 of 1979

11th April, 1979

An Act to make better provision for protection, development and control of Khar lands and reclamation of tidal lands, by construction and maintenance of embankments and other works by the State Government itself, for facilitating growing more food crops thereon and for certain other matters. WHEREAS both Houses of the State Legislature were not in session: AND WHEREAS the Governor of Maharashtra Housing and

Area Development Act, 1976 was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make better provision for protection, development and control of Khar lands and reclamation of tidal lands, by construction and maintenance of embankments and other works by the State Government itself, for facilitating growing more food crops thereon and for certain other matters hereinafter appearing; and. therefore, promulgated the Maharashtra Khar Lands Development Ordinance. 1979, on the 19th February. 1979

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; It is hereby enacted in the Thirtieth Year of the Republic of India, as follows

STATEMENT OF OBJECTS AND REASONS M.G.G.. 1979, Part V dated 2nd March 1979 All activities connected with the protection and development of khar lands and reclamation of tidal lands are of vital importance to the coastal Districts comprising the Konkan area in the State of Maharashtra. Thereby valuable agricultural lands are saved from erosion by tidal waters and are made available for growing food crops. Under the Bombay Khar Lands Act. 1948, these activities were entrusted to the Maharashtra Khar Lands Development Board. The Board was vested with the powers to prepare and execute schemes for construction, maintenance and repair of necessary embankments. The cost of the schemes was met by contribution between the State Government and the beneficiaries in the proportion of 50:50 per cent. 2. The question of making better provisions for development of khar lands and for lessening the financial burden on the beneficiaries was under consideration of Government for some time past. In order to give a boost to khar lands development activities. Government decided that in future to protect, develop and control these khar lands should be the responsibility of Government, as a part of its other development activities and that the entire initial expenditure on implementation of the schemes should be borne by Government. Subsequently, the beneficiaries would have to pay only a cess for such period and at such rate, not exceeding forty rupees per year per hectare, as Government may, from time to time, specify. 3. In order to implement this important decision and to make the necessary changes to enable Government to take over the entire khar lands activities, it was necessary to repeal the Bombay Khar Lands Act and to replace it by a new law on the subject. After enactment of new law, the works of the khar lands schemes would be executed and maintained by the Irrigation Department of Government, in the same manner in which other schemes, like the minor irrigation schemes or flood protection schemes under the State Sector, are executed and maintained by that Department. It would also be possible to undertake some of the khar lands schemes under the Employment Guarantee Scheme, which was not possible under that Act requiring contribution from the beneficiaries. 4. A Bill to enact the new law could not be taken up in the last session of the State Legislature. But to utilize the current working season for executing the khar lands schemes vigorously before the rainy season sets in, it was necessary to have the new law available immediately, without waiting for the next session of the Legislature. 5. As both Houses of the State Legislature were not in session and it was necessary to take immediate action to make a new law for the purposes aforesaid, the Maharashtra Khar Lands Development Ordinance. 1979 was promulgated by the Governor of Maharashtra on the 19th February, 1979. The Bill is intended to replace the Ordinance by an Act of the State Legislature.

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Khar Lands Development Act, 1979.

(2) It extends to Greater Bombay and Thane, Kulaba and Ratnagiri Districts in the State of Maharashtra.

(3) It shall be deemed to have come into force on the 19th February, 1979.

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires ,—

(a) "beneficiary" means the owner, occupier or holder of the land benefited by any khar lands scheme, by way of reclamation or conversion into cultivable land or in any other manner whatsoever;

(b) "Code" means the Maharashtra Land Revenue Code, 1966;

(c) "embankment" includes ,—

(i) every earth bank, dam, wall and dyke made or used for excluding water from, or retaining water upon, any tidal or khar land from erosion or overflow by or of tides, waves or waters;

(ii) every sluice, spur, groyne, training wall, berm or other work annexed to, or portion of. any embankment;

(iii) every earth bank, dam. dyke, wall, groyne or spur made or erected for the protection of any embankment or of any tidal or khar land from erosion or overflow by or of tides, waves or waters;

(iv) all buildings intended for storage, inspection or supervision;

(v) all approach and other roads as part of a scheme;

(d) "former Board" means the Maharashtra Khar Lands Development Board, which was established under section 3 of the Bombay Khar Lands Act. 1948;

(e) "holder", in relation to any land, means the person who is lawfully in actual possession of the land as the owner or tenant, and includes a

Government lessee;

(f) " Irrigation Department" means the Irrigation Department of the Government of Maharashtra;

(g) "khar land" means such tidal land as is made cultivable or otherwise beneficial in any manner whatsoever by protecting it, by means of an embankment from the sea or tidal river, and includes all such land in whatever manner described, whether as khar. khajan. kharepnt. gazni or otherwise.

(h) "khar lands cess" or "cess" means the cess on lands levied and collected under this Act;

(i) "Khar Lands Development Officer" means any officer appointed under section 4;

(j) "occupier" in relation to any land, means any person holding or professing to hold the right to cultivate that land for the time being;

(k) "owner", in relation to any land, includes every person having a joint interest in the ownership of the land and all rights and obligations which attach to an owner under this Act shall attach jointly or severally to every person having such joint interest;

(l) "prescribed" means prescribed by rules ma.de under this Act

(m) "scheme" means a khar lands scheme prepared under this Act;

(n) "sea" includes bay, inlet, creek or an arm of the sea;

(o) "tidal land" means such parts of the bed or shore of the tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides, together with the adjoining bed or shore within the contour upto the height of one metre above the ordinary spring tide marks;

(p) "tidal water" means any part of the sea or river within the flow and ebb of the tide at ordinary spring tides;

(q) words and expressions used in this Act, but not defined, shall have the meanings respectively assigned to them in the Code.

SECTION 03: DUTIES AND POWERS OF STALE GOVERNMENT

(1) It shall be the duty of the State Government to protect and to develop, maintain and control the khar lands in the most efficient and economical manner.

(2) Under appropriation duly made in this behalf, the expenditure on implementation of the khar, lands schemes shall be borne by the State Government.

(3) The original works of the schemes and the special repairs to the completed schemes or those in progress shall, from time to time, be executed and maintained by the State Government, in the Irrigation Department, in the same manner in which other schemes, like the minor irrigation schemes or flood protection schemes under the State Sector, are executed and maintained by that Department.

(4) Without prejudice to the generality of the foregoing provisions, the State Government shall have power —

(a) to notify developments and works already done by the former Board;

(b) to take over all the works of the former Board, which are either completed or which are not completed, for completion and operation;

(c) to levy and collect a cess on all lands developed under the schemes, which are completed either by the State Government or by the former Board and which are taken over by the State Government, from the date to be notified by the State Government for each scheme separately;

(d) to cause surveys to be made of all khar lands and prepare a master plan of the khar lands schemes to be developed under this Act:

(e) to prepare a list of —

(i) all khar lands schemes, whether completed, under construction or proposed;

(ii) all lands benefited or to be protected under each scheme;

(iii) the names of the owners, occupiers and holders of such lands, benefited by each individual scheme;

(f) to form groups of individual schemes for the convenience of execution, operation and maintenance;

(g) to prepare schemes for the construction, maintenance and preservation of embankments and other prescribed objects;

(h) to regulate inland waterways and remove encroachments on such waterways;

(i) to supervise all works in connection better cultivation of reclaimed khar lands:

(j) to provide for closure or regulations, wholly or partially, of any creek, river or other inland waterways or for construction or reconstruction, for the purpose of protection or better cultivation or other beneficial use of reclaimed khar lands:

(k) to examine, pursue and monitor programmes for providing irrigation facilities in the reclaimed khar lands;

(l) to provide for supply of sweet water for better cultivation of reclaimed khar lands;

(m) to remove shrubs and provide for levelling of lands and construction or reconstruction of inner embankments;

(n) to provide for prohibiting or regulating fishing and fish breeding or for developing facilities therefor;

(o) to control the danger and nuisance of certain animals which cause damage to the embankments;

(p) to develop or prohibit or regulate use of tidal lands for salt pans;

(q) to establish or cause to be established research centres for better cultivation of khar lands and for other purposes;

(r) to reclaim tidal lands for the purpose of bringing them under cultivation or making their use for other beneficial purposes;

(s) generally to do all that is necessary or expedient for carrying out the objects of this Act.

SECTION 04: KHAR LANDS DEVELOPMENT OFFICERS

(1) For carrying out the purposes of this Act, the State Government shall appoint such number of —

(a) Chief Engineers,

(b) Superintending Engineers

(c) Executive Engineers

(d) Assistant Engineers

(e) Deputy Engineers

(f) Sub -Divisional Engineers

(g) Sub -Divisional Engineers

(h) Section Officers or Junior Engineers

(l) other officers as it may deem necessary.

(2) The officers appointed under sub-section (1) shall be given any of the above designations or such other designations as the State Government may, from time to time determine.

(3) The State Government may. by general or special order, define the area of the respective jurisdiction of the officers appointed under sub-section (1) and specify the duties and the powers of the Khar Lands Development Officers to be performed and exercised by different classes of such officers, within their respective jurisdiction.

(4) The subordination of such officers amongst themselves shall be such as may be determined by the State Government.

SECTION 05: CHIEF CONTROLLING AUTHORITY

The Chief Controlling Authority in all matters connection with the construction, maintenance and management of the khar lands schemes and all matters incidental or supplemental thereto, shall be the Chief Engineer in the irrigation Department in charge of this subject or such other officer as may be designated in this behalf by the State Government.

SECTION 06: PREPARATION OF SCHEMES

(1) For the purpose of carrying out its duties under section 3, the State Government may, from time to time, cause to be prepared schemes for such area and for such lands as it may think fit.

(2) A scheme prepared under sub-section (1) shall contain the following particulars, namely:—

(a) the objects of the scheme;

(b) the extent of the area of the lands required to be acquired for the execution of the scheme;

(c) the extent of the area likely to be reclaimed and benefited after completion of the scheme;

(d) the names of the owners, occupiers or holders (including the Government), whose lands are required to be acquired and their survey numbers;

(e) the names of the owners, occupiers or holders (including the Government), whose lands will be benefited by, or will be protected under the scheme and their survey numbers;

(f) the type of embankment and other works required to be constructed or maintained for efficient functioning of the scheme;

(g) a detailed estimate of the cost of the scheme, along with detailed layout drawings and drawings showing structural details;

(h) such other particulars as may be prescribed.

SECTION 07: PUBLICATION OF DRAFT SCHEME AND OF FINAL SCHEME

(1) Every scheme prepared under the last preceding section shall be published in the prescribed manner in the village, and at the headquarters of the taluka, in which the lands proposed to be included in the scheme are situated, requiring all persons affected or likely to be affected by the scheme who wish to make any objections to the scheme or part thereof to submit their objections in writing to or by appearing before, such Khar Lands

Development Officer as may be specified in the scheme, within one month from the date of publication of the scheme in the village in which the lands are situated.

(2) The specified Khar Lands Development Officer shall hear such objections as are made to him in person and consider them along with the objections submitted to him in writing and submit his report to the Chief Controlling. Authority, together with the objections received, through such superior Khar Lands Development Officer or officers as may be prescribed.

(3) After consideration of the objections and the report and recommendations thereon, the Chief Controlling Authority shall submit the draft scheme, with such modifications or recommendations he would like to make, to the State Government for its sanction.

(4) The State Government, after making such inquiry, as it may think fit, may sanction the scheme, with or without modification and subject to such conditions, if any. as it may think fit to impose or refuse to sanction the scheme.

(5) If the scheme is sanctioned under the last preceding sub-section the scheme as sanctioned shall be published in the prescribed manner in the village and at the headquarters of the taluka in which the lands included in the scheme are situated, for the information of all persons affected by the scheme.

(6) In considering the objections, the decision of the Chief Controlling Authority on the question whether or not any land included in the scheme, will be benefited by, or will be protected under the scheme, shall be conclusive evidence on the question.

SECTION 08: COMMENCEMENT AND EFFECT OF SCHEME

On the day on which the scheme as sanctioned is published under the last preceding section in the village in which the lands included in the scheme are situated, it shall come into force and shall have effect as if it were enacted in this Act.

SECTION 09: EXECUTION OF SCHEME

After any scheme has come into force, the Khar Lands Development Officer shall execute the scheme.

SECTION 10: POWER TO VARY SCHEME

If after any scheme has come into force, the State Government on an application made to it suo moto, is satisfied that the scheme is defective on account of any error, irregularity or informality or on account of any other reason it is necessary to vary the scheme, then :-

(a) where, in the opinion of the State Government, the proposed variation does not vary the scheme in any material particulars, the State Government may, by order, published in the prescribed manner in the village, and at the headquarters of the taluka. in which the lands included under the scheme are situated, sanction the variation;

(b) where, in the opinion of the State Government, the proposed variation would vary the scheme in any material particulars, the State Government may cause such variation to be published for inviting objections as if it were a draft scheme to be published under sub-section (1) of section 7, and the provisions of sections 7, 8 and 9 shall apply for sanctioning, coming into force and execution of such variation, as if such variation was itself a scheme.

SECTION 11: POWER TO REVOKE SCHEME

Notwithstanding anything hereinbefore contained, if, upon an application or on report made to it for the purpose. the State Government is satisfied that it is no longer economical or technically feasible to continue any scheme or it is necessary to change the user of the land for any non- agricultural purpose or any other purpose contemplated in the original scheme or it is necessary so to do In the public interest, the State Government may by order, published in the prescribed manner, revoke the scheme. Upon such revocation, the provisions of this Act shall cease to apply for such scheme except as respects things done or omitted to be done before the revocation of the scheme.

SECTION 12: ENTRY IN RECORD OF RIGHTS AND RESTRICTIONS ON USE OF LANDS FOR NON-AGRICULTURAL PURPOSES

(1) As soon as may be after a scheme has come into force, in respect of the lands included in the scheme, whether they are required or benefited, the Khar Lands Development Officer executing the scheme shall cause to be made in the record-of-rights relating to such lands, an entry to the effect that the lands are included in the khar lands scheme specified in such entry. If there are no record-of-rights, such entry shall be made in the prescribed village record.

(2) Notwithstanding anything contained in such scheme, any land included in the scheme which are proposed to be benefited by rendering it cultivable due to implementation of the scheme may be used for non- agricultural purposes in accordance with the provisions of the Code, subject to such restrictions and conditions as the Collector may deem fit to impose:

Provided that, no land in such scheme shall be permitted to be used for non -agricultural purpose, unless such land has been cultivated for a period of not less than five years immediately before the date of application for such use, and full amount (if any) due and payable to the State Government in respect of such land as the Collector may determine has been paid.

(3) If any land included in any scheme is permitted to be used for any non-agricultural purposes under sub-section (2), nevertheless, such land shall (except as provided under that sub-section) continue to be subject to the provisions of this Act as if no such permission has been given.

SECTION 13: FORFEITURE OF LEASE OF LAND IN SCHEME FOR FAILURE TO CULTIVATE OR TO PAY CESS

If any person holds any land on lease from the State Government which is included in a scheme, and fails to cultivate the same for more than the number of consecutive years specified for this purpose in the scheme or fails to utilize the same amount of cess together with the penalty, if any due in respect of such land within such time as the State Government may fix the Collector may dispose of the land in accordance with the rules made under this Act. Such lease shall be determined by forfeiture tot he State Government, notwithstanding anything contained in any law for the time being in force and unless the Collector otherwise directs, be freed from all rights, encumbrances and equities thereto before, created in favour of any person other than the Government in respect of such land:

Provided that, no order shall be made by the Collector under this section, unless the person holding such land is given a notice of not less than six months of the action proposes to be taken against him and a reasonable opportunity of making representation against such action.

SECTION 14: VILLAGE PANCHAYATS RESPONSIBLE FOR SUPERVISION, MAINTENANCE AND REPAIRS OF EMBANKMENTS

(1) Notwithstanding anything contained in the Bombay Village Panchayats Act, 1958 (Bom. 3 of 1959) (hereinafter in this section referred to as "the said Act") it shall be the duty of every village panchayat established under the said Act and having jurisdiction over the area in which any embankment or other works or parts thereof, as the case may be, and to comply with such directions as may be issued in this behalf, from time to time, by Khar Lands Development Officer executing the scheme or by the State Government. For this purpose, the village panchayat shall take or cause to be taken such steps and exercise such powers, in addition to the powers conferred by section 16, as may, in its opinion, be reasonably necessary, for carrying out its duty or for securing compliance with any directions issued to it.

(2) The village panchayat shall be entitled to payment from the State Government for expenditure incurred by it in carrying out its duty, and carrying out vigil and normal maintenance and repairs and for securing compliance with the directions issued to it. the amount of which shall be determined by the Khar Lands Development Officer concerned or any other officer authorised by the State Government in this behalf.

(3) Where a village panchayat makes a default in the performance of any of the duties imposed by or under this section, it shall be lawful for the Collector or any officer authorised by the State Government to take suitable action against the village panchayat under the said Act as if a default in the performance of its duties under the said Act had been made.

SECTION 15: ADVISORY COMMITTEE

(1) The State Government may constitute an Advisory Committee to advise upon such matter arising out of the administration of this Act or any scheme made under this Act or co-ordination of the execution of work on the various schemes made under this Act, as the Advisory Committee may itself consider to be necessary or as the State Government may refer to it for advice.

(2) The Chairman and other members of the Advisory Committee shall be appointed by the State Government and shall of such number and chosen in such manner, as the State Government may, from time to time, determine.

(3) The term of office of the Chairman and other members, the manner of holding meetings and the procedure to be followed in the meetings of the Advisory Committee shall be regulated in the manner, as the State Government may, from time to time, determine.

(4) The Chairman and other, members of the Advisory Committee (not being a member who is an Officer of the State Government) shall receive travelling and daily allowances for attending meetings of the Advisory Committee, at such rates as the State Government may, from time to time, determine.

SECTION 16: RIGHT OF ENTRY

For the purpose of preparing, sanctioning or executing any scheme, or for supervising, maintaining or repairing any embankment or works or otherwise for carrying out the objects of this Act, every Khar Lands Development Officer and any person duly authorised by the State Government, the Collector or the village panchayat concerned may, after giving such notice as may be prescribed, to the owner, occupier or holder or other person having interest in any land, enter upon, survey and mark out such land and do all acts necessary for the purpose aforesaid.

SECTION 17: ACQUISITION OF LAND, RIGHT OR INTEREST

SECTION 18: CLAIM FOR AMOUNT FOR CONSEQUENTIAL DAMAGE

(1) Subject to the provision of the next succeeding section whenever any land, other than the land acquired for the purposes of this Act or any right of fishery, right of drainage, right of the use of water or other right of property, shall have been injuriously affected by any act done, or any scheme executed, under the provisions of this Act, the person in whom such property or right is vested may prefer a claim in writing to the Collector for an amount for the acquisition, and thereupon the provisions of the Land Acquisition Act. 1894, in its application to the State of Maharashtra, shall, so far as may be, mutatis mutandis, apply for the determination of the amounts, apportionment and payment thereof.

(2) No claim under this section shall be entertained, if it is made later than two years next after the completion of the work by which any such right is injuriously affected.

SECTION 19: NO AMOUNT PAYABLE IN CERTAIN CASES FOR USE OR REMOVAL OF EARTH

Any land, which before the date of the commencement of this Act has been used for the purpose of obtaining earth or other materials for the construction or repair of any embankment, shall be deemed to be at the disposal of the State Government for such purpose, without payment of any amount for the use or removal of such earth or other materials.

SECTION 20: KHAR LANDS CESS

For the purposes of meeting portion of the cost of operation and normal maintenance of khar lands schemes, there shall be levied and collected, in the manner hereinafter provided, a tax on lands, in this Act referred to as "the khar lands cess" or "the cess"

SECTION 21: LEVY OF KHAR LANDS CESS

Notwithstanding anything to the contrary contained in the Code, or in any other law or agreement for the time being in force, but subject to the provisions of this Act, there shall be levied and collected, in addition to any land revenue payable on such lands, a cess on all khar lands benefited by any scheme from the date on which such scheme comes into » force or from such later date and for such period, and at such rate not exceeding forty rupees per year per hectare as the State Government may, by general or special order, specify, from time to time. Different dates, periods and rates may be specified in respect of different khar lands or different schemes or different areas.

SECTION 22: RESPONSIBILITY FOR PAYMENT OF CESS

The cess shall be payable primarily by the person in actual possession of the land in respect of which it is levied. If any person primarily liable makes a default in the payment of the cess, it shall be recoverable from any person liable to pay the land revenue in respect of such land under the Code.

SECTION 23: PROVISIONS OF CODE TO APPLY FOR COLLECTION AND RECOVERY OF CESS

The provisions of the Code shall, save in so far as they are inconsistent with any provisions of this Act, apply for the purposes of collection and recovery of the cess leviable under this Act from the person liable therefor under the last preceding section, as though the cess were land revenue payable under the said Code.

SECTION 24: PENALTY FOR DEFAULT IN PAYMENT OF CESS

If any person liable to pay the cess, on being served with a notice of demand for payment of the amount of cess due. fails to pay the same within the period specified in the notice, the prescribed authority, on being satisfied that the failure was without any reasonable excuse, may impose on him a penalty of such sum not exceeding ten percent, of the amount of cess which remains unpaid, as such authority may determine. The penalty sum shall be recoverable in the same manner as provided for recovery of the amount of cess.

SECTION 25: RECOVERY OF ARREARS OF CESS AND PENALTY AS ARREARS OF LAND REVENUE

All amounts of cess and penalty due under this Act shall, without prejudice to any other of recovery, be recoverable as arrears of land revenue by any of the processes specified in section 176 of the Code, including the forfeiture of the land concerned.

SECTION 26: POWER TO COMPEL CERTAIN PERSONS TO CARRY OUT REPAIRS OR WORKS REQUIRED URGENTLY

(1) Whenever it appears to any Khar Lands Development Officer empowered by the State Government to exercise the powers conferred by this section that,—

(a) unless some special repairs are immediately executed, serious damage will be caused to any embankment resulting in sudden and extensive loss and injury to property, human beings or animals;

(b) the labourers necessary for the prompt execution of such repairs, clearance and salvage work cannot be obtained in the ordinary course within the time that can be allowed for the execution of the same, so as to prevent such loss or injury, the Khar Lands Development Officer may, by a written order proclaimed by him in such manner as may be prescribed, direct every able bodies male person, who holds or possesses land or resides in the vicinity of the locality where such repairs, clearance or work has to be executed and every other person whose name is included in the list prepared under sub -section (4) to report for duty immediately and assist the Khar Lands Development Officer in the execution of such repairs, clearance and work in such manner and for such period as the Khar Lands Development Officer or any person authorised by him may require.

(2) Any order made by the Khar Lands Development Officer under sub-section (1) shall forthwith be reported by him to the Chief Controlling Authority.

(3) Any person, who has done work in compliance with the direction issued under sub-section (1), shall be paid remuneration at such date, which shall not be less than the highest rate for the time being paid in the neighbourhood for similar work, as the Khar Lands Development Officer may determine.

(4) Subject to any rules made in this behalf, in respect of every scheme, the Khar Lands Development Officer shall prepare a list of persons who are willing to be included, or who, on account of their profession, calling or employment, should be included, in the list for being called for duty under sub-section (1).

(5) If any person, without reasonable excuse, fails to comply with any lawful direction given to him under sub-section (1), he shall, on conviction, be punished with fine which may extend to one thousand rupees.

SECTION 27: REGULATION OF FISHING RIGHTS

(1) Notwithstanding any custom, usage, law or contract to the contrary,—

(a) no person shall fish or exercise the right of fishery in any embankment or pan thereof within a distance of 15 metres;

(b) no person shall or exercise the right of fishery in any inland waterways included in. or adjoining to. any scheme or water storage created by closure of a creek or otherwise and not utilised for crop cultivation, except under a licence grant by the Khar Lands Development Officer.

(2) Any licence granted under clause (b) of sub-section (1) shall be granted on the payment of such fees and subject to such restrictions and on such conditions and shall be in such form and contain such particulars as may be prescribed.

SECTION 28: INQUIRIES TO BE MADE SUMMARILY

(1) Any inquiry to be made under this Act shall be made in the manner provided for holding a summary inquiry under the Code, and all the provisions contained in the Code relating to holding a summary inquiry shall, so far as may be apply.

(2) The person holding such inquiry shall have the same powers for summoning and enforcing the attendance of any person and examining him on oath and compelling the production of documents, as are vested in the revenue officers under the Code.

SECTION 29: REGISTRATION OF DOCUMENTS, PLAN OR MAP IN CONNECTION WITH SCHEME NOT REQUIRED

(1) Subject to the provisions of section 12, nothing in the Registration Act, 1908, in its application to the State of Maharashtra, shall be deemed to require registration 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 purposes of sections 48 and 49 of the said Act, be deemed to be registered in accordance with the provisions of that Act.

SECTION 30: PROTECTION OF PERSONS ACTING IN GOOD FAITH

(1) No suit, prosecution or other legal proceedings shall be instituted 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 or orders made thereunder.

(2) No suit or prosecution shall be instituted against any public servant or person duly authorised under this Act in respect of anything done or intended to be done under this Act, unless the suit or prosecution has been instituted within six months from the date of the act complained of.

SECTION 31: PENALTY

Any person who contravenes or causes any contravention of any of the provisions of a scheme which has come into force, or does any act which causes damages to any of the works carried out under the scheme, or contravenes the provisions of section 27 or tails to comply with the conditions of a licence granted under that section, or obstructs any person or authority in the due exercise of his or its powers or execution of his or its duties under this Act or contravenes the provisions of any rules made under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

SECTION 32: RULES

(1) The power to make rules under this Act shall be exercised by the State Government by notification in the Official Gazette'.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules for the purpose of carrying into effect the provisions of this Act.

(3) All rules made under this Act shall be subject to the condition of previous publication.

(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

SECTION 33: REPEAL OF MAH. ORD. II OF 1979 AND SAVING

(1) On the date commencement of this Act, the Bombay Khar Lands Act, 1948 (Bom. LXX of 1948), shall stand repealed.

(2) On such repeal, the Board established under the repealed Act shall stand dissolved and the Chairman and members thereof shall vacate their respective offices; and upon such dissolution of the Board, the assets, rights and liabilities of the Board shall, on and from the date of commencement of this Act, be the assets, rights and liabilities of the State Government.

(3) Any scheme, licence, permission, appointment, rule, by-law, regulations, notice, notification or order mad;, issued or granted under the repealed Act and in force immediately before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act be deemed to be made, issued or granted under this Act and continue in force until it is duly modified or revoked by a competent authority under this Act.

(4) Such repeal shall not affect any right, obligation or liability, acquired or incurred or any penalty or forfeiture incurred by any person before the date of commencement of this Act or any legal proceeding or remedy, in respect of any such right, obligation, liability, penalty or forfeiture, and any such legal proceeding or remedy may be instituted, continued or enforced, and any such penalty or forfeiture may be imposed, as if this Act had not been enacted, and accordingly any amount of contribution or loan due under the repealed Act from any person immediately before the date of commencement of this Act shall be deemed to be due to the State Government and continue to be recoverable from him as arrears of land revenue.

SECTION 34: MAH. ORD. II OF 1979

(1) The Maharashtra Khar Lands Development Ordinance. 1979, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any appointment made or any rule, order or notification issued) under the said Ordinance shall be deemed to have been done, taken, made or issued, as the case may be, under the corresponding provisions of this Act.

MAHARASHTRA KHAR LAND DEVELOPMENT RULES, 1981

In exercise of the powers conferred by subsections (1) and (2) of Section 32 of the Maharashtra Khar Lands Development Act, 1979 (Man. XI of 1979) and of all other powers enabling, it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said Section 32. namely:-

RULE 01: SHORT TITLE

These rules may be called the Maharashtra Khar Lands Development Rules, 1981.

RULE 02: DEFINITIONS

(1) In these rules, unless there is anything repugnant in the subject or context,—

(a) "Act" means the Maharashtra Khar Lands Development Act, 1979 (Mah. XI of 1979)

(b) "Form" means a form appended to these rules:

(c) "Section" means a section of the Act.

(2) Words and expressions used in these rules but not defined therein shall have the meanings assigned to them in the Act

RULE 03: OTHER OBJECTS FOR WHICH SCHEME MAY HE PREPARED

In addition to the preparation of schemes for construction, maintenance and preservation of embankments, the State Government may prepare schemes for the following objects also, that is to say —

(a) determining a purpose for which the reclaimed lands could most profitably be used.

(b) controlling and maintaining tree growth including marsh - bushes to prevent erosion of embankments.

(c) assigning suitable areas from which material required for construction and repairs for embankments may be derived.

RULE 04: OTHER PARTICULARS WHICH SCHEME MAY CONTAIN

In addition to the particulars specified in clauses (a) to (g) of sub-section (2) of Section 6, a scheme prepared under the Act may also contain the following particulars, namely :-

(a) the purpose for which the reclaimed land could profitably be used:

(b) the approximate value of land before and after its reclamation;

(c) the estimated yield of the land before and after its reclamation.

RULE 05: MANNER OF PUBLICATION OF DRAFT SCHEME FOR INVITING OBJECTIONS

Every scheme prepared under Section 6, or variation of the scheme in any material particulars under clause (b) of Section 10, shall be published in Marathi by posting a copy thereof in the village Chavdi (if there be any), or on the notice board of village Panchayat in the village and if there be no village Panchayat in some prominent place in such village, and on the notice board of the Office of the Tahsildar at the headquarters of the taluka, in which the lands proposed to be included in the scheme are situated, requiring all persons affected or likely to be affected by the scheme who wish to make any objections to the scheme or part thereof to submit objections in writing to or appearing before the Khar Lands Development Officer, as may be specified in the scheme, within one month from the date of publication of the scheme in the village in which the lands are situated. The fact that the draft scheme has been so published shall be announced in the village by beat of drum.

RULE 06: SUBMISSION OF REPORT BY THE SPECIFIED KHAR LANDS DEVELOPMENT OFFICER

A specified Khar Lands Development Officer mentioned in column 1 of the Table below shall submit the report of enquiry under subsection (2) of Section 7 together with the objections received to the Chief Controlling Authority through the Superior Khar Lands Development Officer or Officers mentioned against him in Column 2 thereof:—- Specified Khar Lands Superior Khar Lands Development Development Officer Junior Engineer/ Sectional

RULE 07: PUBLICATION OF SCHEME SANCTIONED UNDER SUB-SUCTION (4) OF SECTION 7

The scheme sanctioned by the State Government under subsection (4) of Section 7 shall be published in Marathi for the information of all persons affected by the scheme by posting a copy thereof in the village Chavdi (if there be any), or on the notice board of village Panchayat in the village and if there be no village Panchayat in some prominent place in such village, and on the notice board of the Office of the Tahsildar at the headquarters of the taluka, in which the lands included in the scheme are situated. The fact that the draft scheme has been so published shall be announced in the village by beat of drum.

RULE 08: PUBLICATION OF ORDER SANCTIONING VARIATION IN SCHEME OR REVOCATION OF SCHEME

Every order of the State Government sanctioning variation in the scheme issued under clause (a) of Section 10, or revoking the scheme under Section 11 shall be published in Marathi for the information of all persons affected by the scheme by posting a copy thereof in the village Chavdi (if there be any), or on the notice board of village Panchayat in the village and if there be no village Punchayat in some prominent place in such village, and on the notice board of the Office of the Tahsildar at the headquarters of the taluka, in which the lands included in the scheme are situated. The fact that the draft scheme has been so published shall be announced in the village by beat of drum.

RULE 09: ENTRY OF LANDS INCLUDED IN SCHEME IN VILLAGE RECORD

Where in a village there are no record-of-rights, an entry to the effect that the lands are included in the Khar Lands scheme shall be made in the register in Form I by the Talathi in the village. Entries of lands included in each scheme in a village shall be made separately in the register.

RULE 10: DISPOSAL OF LANDS FORFEITED UNDER SECTION 13

Where any lease of land has been determined by the forfeiture of Government under the provisions of Section 13, such land shall be disposed of in accordance with the provisions of the Maharashtra Land Revenue Code. 1966 (Mah. XLI of 1966), and the rules made thereunder.

RULE 11: NOTICE UNDER SECTION 16

The notice to be given to the owner or occupier or holder or other person having interest in any land under Section 16 shall be in Form II.

RULE 12: MATTERS CONNECTED WITH ACQUISITION OF LAND, RIGHT OR INTEREST UNDER SECTION 17

For the purpose of the endorsement of the provisions of the Land Acquisition Act, 1894, in its application to the State of Maharashtra (hereinafter referred to as "the said Act") for the acquisition of any land under Section 17, the following procedure shall be observed:-

(a) After the land proposed to be acquired has been marked out measured and planned under Section 8 of the said Act, the Collector shall send to the Chief Controlling Authority, a statement showing the approximate cost of the acquisition of the land.

(b) On receipt of the statement under clause (a), the Chief Controlling Authority shall deposit with the Collector the amount of the cost shown in the statement.

(c) After an award made by the Collector has become final under Section 12 of the said Act, the Collector shall send a copy thereof to the Chief Controlling Authority and unless a reference is made to a Court under Section 18 of the said Act. the Collector shall take possession of the land (if not already taken under Section 17 of the said Act), and inform the Chief Controlling Authority of it and of the actual amount of the cost of the acquisition of and of the amount, if any, remaining surplus out of the amount deposited with him under clause (b). The Chief Controlling Authority shall then arrange to take back the surplus amount, if any, and to take possession of the land. Where possession of land is taken by the Collector under Section 17 of the said Act before an award is made under Section 11 of the said Act, the Collector shall give immediate intimation of it to the Chief Controlling Authority, in order to enable the Chief Controlling Authority, to take immediate possession of the land from the Collector.

(d) If a reference is made to a Court under Section 18 of the said Act, the Collector shall; inform the Chief Controlling Authority of it and deposit the amount deposited with him under clause (b) in the Court. When the matter is finally decided by the Court, the Collector shall intimate to the Chief Controlling Authority the decision of the Court as also the additional amount, if any, that the Chief Controlling Authority has to pay in view of the Court's decision. The Chief Controlling Authority shall then pay the additional amount, if any, to the .Collector or the Court, as may be required.

RULE 13: NOTICE OF DEMAND FOR PAYMENT OF CESS DUE

(1) The notice of demand for payment of cess due to be served on a person liable to pay the cess under Section 24 shall be in Form III.

(2) The Khar Lands Development Officer shall endorse a copy of such notice of demand to the Talathi of the village in which the land in respect of which the cess is due is situated.

(3) It shall be the duty of the Khar Lands Development Officer to watch the collection of cess made by the Talathi and to maintain the register in Form IV in respect of the cess levied and collected (including the penalty imposed and collected).

(4) If the cess in respect of which demand notice is issued and served remains unpaid after the period specified in the notice , the Khar Lands Development Officer shall make a reference in respect thereof to the Authority referred to in Rule 14 for imposing the penalty.

(5) After the Authority disposes of the reference and penalty, if any. is levied by the Authority, the Khar Lands Development Officer shall take necessary steps to recover the cess due together with the penalty so levied as arrear of land revenue in accordance with the provisions of Rule 17 of the Maharashtra Realisation of Land Revenue Rules, 1967.

RULE 14: AUTHORITY WHO MAY IMPOSE PENALTY UNDER SECTION 24

The Collector of the district, acting under Section 174 of the Maharashtra Land Revenue Code, 1966 shall be the authority for the purpose of imposing a penalty under Section 24.

RULE 15: PROCLAMATION OF ORDER OF KHAR LANDS DEVELOPMENT OFFICER UNDER SECTION 26

Every written order made by the Khar Lands Development Officer under clause (b) of sub-section (1) of Section 26 shall be proclaimed by him for the information of every able bodied male person who holds or possesses land or resides In the vicinity of the locality where repairs, clearance or salvage work has to be executed to prevent serious injury to any embankment and every other person whose name is included in the list prepared under sub-section (4) of Section 26, by publishing it in the village Chavdi (if there be any), or on the notice board of village Panchayat in the village and if there be no village Panchayat in some prominent place in such village. The fact that the draft scheme has been so published shall be announced in the village by beat of drum.

RULE 16: PREPARATION TO LIST OF PERSONS UNDER SUH-SECLION (4) OF SECTION 26

(1) Any person to be included in the list (except on account of his profession, calling or employment) prepared under sub-section (4) of Section 26 shall —

(a) be a permanent resident of the village in which the lands included in the scheme are situated.

(b) not be a casual resident or visitor in such village.

(c) not be one who has been suffering from a chronic disease and is a patient confined to bed.

(d) not be less than eighteen years or more sixty years of age.

(2) Before entering the name of the person in such list on account of his profession, calling or employment, the Khar Lands Development Officer shall call upon such person by notice in Form V served on him either in person or by registered post to submit his objection, within the period specified in the notice why his name should not be so included. The Khar Lands Development Officer shall consider the objection, if any, lodged by such person and after recording his reasons may accept or reject the objection. Thereafter, if the Khar Lands Development Officer includes the name of such person in the list that person shall be informed about such inclusion of the name.

RULE 17: LICENCE FOR FISHING OR EXERCISING THE RIGHT OF FISHERY

(1) A person desiring to obtain a licence under Section 27 shall apply to the Khar Lands Development Officer.

(2) The licence shall be granted in Form IV on payment of a fee of Rs. 5 and subject to all or any of the following conditions in addition to those which may be specified in the licence having regard to the circumstances of a particular case ,—

(a) The licensee shall not fish within 15 metres on either side of the embankment in the tidal or Khar Land, as the case may be, except in drainage channels.

(b) The licensee shall not cause damage to, or in any way interfere with, any of the said embankments.

(c) The licensee shall not fish or exercise his right of fishery in any water on the tidal or Khar Land to which the licence relates for such period or on such days as may be required by the Khar Lands Development Officer.

(d) The licensee shall not object to draining off such water as and when necessary for the purpose of any scheme.

(e) If the licensee, while fishing or exercising the right of fishery in any water on the tidal or Khar land to which the licence relates, causes any damage to any scheme, the licensee shall be liable to pay the cost of the repairs and restoration due to damage caused by him to the scheme. If the licensee fails to pay, it shall be recoverable as an arrear of land revenue.

(f) The licence shall be liable to be cancelled at any time, if the holder thereof commits breach of any of its conditions or in the opinion of the Khar Lands Development Officer, it should be cancelled or any other cause.