The Bombay Land Improvement Schemes Rules, 1949

Published vide Notification No. G. N., A. & F. D., No. 1707-2-G, dated 16th November, 1949 (B.G., Part 4B, p. 2107)

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LEGISLATIVE HISTORY 6

· Amended by G. N., L. D., No. 11576, dated 14th August, 1950

· Amended by G. N., A. & F. D., No. SCS. 1355-G, dated 5th July, 1956

· Amended by G. N., A. & F. D., No. SCS. 1355-F, dated 31st December, 1956

In exercise of the powers conferred by section 24 of the Bombay Land Improvement Schemes Act, 1942 (Bombay XXVIII of 1942), and in supersession of the Bombay Land Improvement Schemes Rules, 1943, the Government of Bombay is pleased to make the following rules, namely :-

Short title.- These rules may be called the Bombay Land Improvement Schemes Rules, 1949.
Definitions.- In these rules, unless there is anything repugnant in the subject or context -

(a) "Act" means the Bombay Land Improvement Schemes Act, 1942.

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

(c) Words and expressions used in the Act and not defined in these rules shall have the meanings assigned to them in the Act.

Notice of publication of scheme under section 5(2).- Simultaneously with the publication of a scheme under sub-section (2) of section 5 of the Act, the Board shall give a notice in Form No. I in English as well as in the regional language of the area to which the scheme relates, of the publication of the scheme to all persons affected thereby. The notice shall be given by affixing a copy thereof on the notice board in the office of the Collector and of the Mamlatdar or Mahalkari concerned and at conspicuous places in the village or villages affected by the scheme.
Manner of publication of scheme under section 9(2).- On a scheme being sanctioned under sub-section (1) of section 9 of the Act, the Board shall publish it in the Official Gazetteand in such local newspapers, if any, as it may decide and by affixing notices in Form No. II in English as well as in the regional language of the area to which the scheme relates on the notice boards in the offices of the Collector and of the Mamlatdar or Mahalkari concerned and at conspicuous places in the village or villages affected by the scheme.

[5. Preparation of statement and entries in record of rights under section 13. - (1) The statement under sub-section (1) of section 13 of the Act shall be in Form III and prepared in the regional language of the area concerned. It shall be sent in triplicate by the Divisional Soil Conservation Officer to the Mamlatdar or Mahalkari concerned as soon as possible after the 1st day of April in each year.

(2) On receipt of the statement, the Mamlatdar or Mahalkari, as the case may be, shall retain one copy and shall forward the other two copies to the talathi of the village concerned.

(3) The talathi shall make the necessary entries in the mutation register (village Form No. VI) corresponding to each entry in the statement.

(4) After the entry in the mutation register is certified as required by section 135-D of the Bombay Land Revenue Code, 1879, the talathi shall transfer the entry to the record of rights under the column "other rights".

(5) The talathi shall also fill in column 13 of the statement in Form No. III and return one of the copies to the Divisional Soil Conservation Officer through the Mamlatdar or Mahalkari concerned.]

[5A. Alteration of statement prepared under section 13. - When the entries in the record of rights are altered on account of change of ownership of land, corresponding changes shall be carried out by the Mamlatdar or Mahalkari concerned under his signature in column 11 of the statement in Form No. III prepared under section 13 and received by him under rule 5.]

Notice of entry upon land under section 16.- (1) The notice to be given by a person authorised by the Board or the Collector under section 16 of the Act shall be in Form No. IV and in the regional language of the area to which it relates.

(2) The notice shall be served on the owner, occupier or person interested in the land -

(a) personally by delivering or tendering it to him, or

(b) through his agent, if any, by delivering or tendering it to the agent, or

(d) by post.

Extent of enhancement of rent and conditions subject to which enhancement may be made under section 18.- (1) The owner of any land included in a scheme in any area in which levy of rent payable by a tenant is regulated under any law for the time being in force may, after three years from the date on which the scheme comes into force under section 10 of the Act, enhance the rent payable by a tenant in receipt of such land by not more than 10 per cent, of the rent payable on the date on which the scheme comes into force.

(2) If any such owner desires to enhance the rent by more than the said 10 per cent, he shall apply in writing to the State Government for the purpose.

(3) The State Government shall forward any application received under sub-rule (2), through the Collector, to the Mamlatdar or Mahalkari, within whose jurisdiction the land in respect of which the enhancement of rent is to be made is situated, for inquiry and report on the increase in the profits of agriculture consequent on the carrying out of works on the land under the scheme.

(4) On receipt of an application under sub-rule (3) the Mamlatdar or Mahalkari, as the case may be, shall after giving notice to the tenant of the land hold an inquiry in accordance with the provisions of Chapter XII of the Bombay Land Revenue Code, 1879, and make the required report through the Collector to the State Government.

(5) On receipt of the report under sub-rule (4) the State Government shall determine the extent of enhancement of rent which may be allowed and communicate its decision to the applicant.

Manner in which documents, plans and maps relating to a scheme which has come into force shall be accessible to the public under section 19.- Documents, plans and maps relating to a scheme which has come into force shall be open for public inspection at the office of the Mamlatdar or Mahalkari concerned at any time during office hours. Certified copies thereof shall be supplied on payment of the fees for certified copies prescribed in Chapter XXII of the Land Revenue Rules, (1921).

[9. Manner of publication of scheme under section 25-A. - On a scheme being approved under sub-section (3) of section 25-A of the Act, the Board shall publish it in the Official Gazette and in such local newspapers, if any, as it may decide and by affixing notices in Form V in English as well as in the regional language of the area to which the scheme relates at conspicuous places in the villages affected by the scheme.]

Form No. I

(See rule 3)

Notice of publication of draft scheme

Notice of publication is hereby given of the scheme prepared in accordance with the provisions of section 4 of the Bombay Land Improvement Schemes Act, 1942, providing [........................] for the land described below and situate in the village of..................... in the ...................... taluka/petha district.

Survey number and other description of lands	Nature of works to be carried out

All persons affected by the scheme who wish to make any claims or to submit any objections to the said scheme should do so in writing or by appearing personally before the Land Assistant.................... who has been appointed as Inquiry Officer for the scheme on or [before] .................. at.........................

Dated the................day of.................20.........

(Signed) Secretary to the Board.

Form No. II

(See rule 4)

Notice of publication of the scheme

Notice is hereby given that the scheme providing for [.....................] for the lands described below and situate at the village of................... of the .................... taluka/petha.................... district, has been sanctioned by the Board/State Government under sub-section (1) of section 9 of the Bombay Land Improvement Schemes Act, 1942. The Board has appointed to execute it under sub-section (1) of the said Act.

Description of Lands	Works to be carried out

Secretary of the Board

[Form No. III]

(See rule 5)

Serial No.............

Rs. a. p.

Total cost recoverable Total annual instalment Total cost of work done

Village

Taluka or Petha

District

Sr. No.	Survey No. and/or Sub-Division No.	Area	Assessment	Nature of work done
Sr. No.	Survey No. and/or Sub-Division No.	Area	Assessment	Number of bunds	Number of trenches	Number of waste weirs
1	2	3	4	5	6	7

Total amount to be recovered from owner	Period of survey	Year from which recovery should begin	Annual instalment	Person or persons liable to maintain and repair work individually or jointly	[Serial No. of entry in the mutation register (Village Form No. VI) and date of certification of the entry]	Remarks
8	9	10	11	12	13	14

Form No. IV

[See rule 6(1)]

Form of notice of entry upon land to be given to

Owners of /

Occupiers of /

Other persons interested in

land under section 16

A. B. Esquire,

Owner of

Occupier of

Mortgagee

Permanent tenant

or other persons interested in

S. No.

Hissa No.

C.T.S. No.

Gaothan Plot No.

of village .........of taluka/petha......... district................

Notice is hereby given that I, ..................... being duly authorised under section 16 of the Bombay Land Improvement Schemes Act, 1942, by the

Board constituted under section 3 thereof

Collector of

to enter upon and survey and mark out the land and do all acts necessary for the purpose of preparing, sanctioning and executing a/the scheme, or repairing or maintaining any works under a/the scheme, under the said Act, intend to enter upon the land in the abovementioned

S. No.

Hissa No.

C.S.T. No.

Gaothan Plot No.

for the said purpose at.................. on or after dated day of.................. 20..............

Persons authorised by

Board

Collector

under section 16 of the said Act.

[Form No. V]

(See rule 9)

Notice of publication of the scheme under section 25A(3)

Notice is hereby given that the scheme providing for [..................] for the lands described below and situate at the village of ............... of the ................. taluka/petha district has been approved by the Board under sub-section (3) of section 25-A of the Bombay Land Improvement Schemes Act, 1942, and shall come into force on the date of publication of this notice in the said village.

The Board has appointed ............................ to execute it under sub-section (1) of section 11 read with sub-section (3) of section 25-A of the said Act.