Amendment status not verified — confirm the current text below against the official source.
(1) If, in consequence of any work carried out 67[* * *] under the Scheme 68[any person, including the 65[Government] other than the owner of the land in which the work is done,] is likely to be benefited, he shall pay such amount 69[ 70 as the State Government or the Company] may determine as contribution to the owner of the land, if the work has been carried out by the owner, or 71[to the State Government or the Company], if the work has been carried out by the Executing Officer]: Provided that the 72[State] Government may excuse payment of such contribution in whole or in part in respect of any work carried out by it 73[in land belonging to the 65[Government]]: 74[Provided further that where the work is carried out at the expense of the Company and the State Government excuses payment of the contribution, the State Government shall pay to the company an amount equal to the amount of the contribution so excused.] 75[(2)The amount shall be paid within such time as may be specified by the 72[State] Government] 76[or, as the case may be, the Company.] 77[12A. Any person who contravenes or causes any contravention of any of the provisions of a Scheme which has come into force under section 10, or any of the regulations made under section 10A, or does any act which causes damage to any of the works carried out under the Scheme, or fails to fulfil any liability imposed upon him under section 13 78[or 13A] or sub- section 79[(4)] of section 25 80[or of section 25A] shall on conviction, be punishable with fine which may extend to fifty rupees or with simple imprisonment for a period which may extend to one month, or with both.] Power to enforce scheme Liability of persons whose lands are not included in scheme to contribution. Penalty. Gujarat Land Improvement Schemes Act, 1942. 9 of 18 CHAPTER IV. MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT UNDER THE SCHEME. 81[13. (1) 82[In the case of any work under a scheme, wholly carried out before the commencement of the Bombay Land Improvement Schemes (Extension and Amendment) Act, 1958, the Executing Officer] shall prepare a statement giving for any specified area the following particulars :- (a) (i) the work done ; (ii) the cost thereof; (iii) the total amount to be recovered from the owners; (iv) the general rate per acre or per rupee of assessment per annum at which such amount is to be recovered from the owners; (v) the period within which such amount is to be recovered; 83[(vi) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such person or persons;] (b) if in the case of any survey number or sub-division of a survey number the owner is not liable to maintain or repair works therein, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner of such survey numbers or sub-divisions; (c) a map showing the work carried out in the village ; (d) such other matters as may be prescribed. (2) When the statement is prepared under this section any rights and liabilities shown therein shall be entered in the Record of Rights 84[or where there is no Record of Rights, in the prescribed village record] and in the village accounts in such manner as the 85[State] Government may prescribe and shall thereupon form part of such Record of Rights 86[ or as the case may be, of such village record and of the village accounts.] 87[13A. (1) Save as otherwise provided in section 13, the Executing Officer shall, on the completion of part of any work to be carried out, under a scheme prepare an interim statement specifying therein- (i) the part of the work carried out; (ii) the cost of such part calculated on the basis of the works cost as recorded in the works register maintained by the Executing Officer; (iii) the interim amount to be recovered from the owner in respect of the work so carried out; (iv) the period within which such amount is to be recovered; (v) the general rate per acre or per rupee of assessment, per annum at which such amount is to be recovered from the owners; (vi) if in the case of any survey numbers or sub-divisions of survey numbers, the amount to be recovered under clause (iii) is to be recovered at a rate other than the general rate, such rate; (vii) the names of the persons from whom such amount is recoverable; (viii) such other particulars as may be prescribed. Statement. Bom. XXX of 1958. Executing Officer to prepare recovery statements and entries to be made in Record of Rights, etc. Gujarat Land Improvement Schemes Act, 1942. 10 of 18 (2) After the whole of the work under such scheme is carried out the Executing Officer shall prepare- (a) the final statement specifying therein- (i) the work carried out; (ii) the total cost of the whole work; (iii) the balance after deducting from the total cost the interim amount set out in the interim statement 88[including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto;] (iv) in relation to such balance, the balance amount to be recovered from the owners as cost or part cost; (v) the period within which such amount is to be recovered; (vi) the names of persons from whom such amount is recoverable; (vii) the general rate per acre or per rupee of assessment, per annum at which the amount specified under clause (iv) should be recovered; (viii) if in the case of any survey number or sub-division of a survey number the amount recoverable from the owner thereof is to be recov- ered at a rate other than the general rate, such rate and a list of all such survey numbers or sub-divisions; (ix) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such persons ; (x) such other particulars as may be prescribed ; (b) a map showing the work carried out in the village. (3) The rights and liabilities shown in the interim statement and the final statement shall be entered in the Record of Rights or where there is no Record of Rights in the prescribed village record and in the village accounts in such manner as the State Government may prescribe and shall thereupon form part of such record of rights or as the case may be, the village record and of the village accounts.] 89[14. (1) Every person shown in the statement prepared under section 13 90[ or 13A ] as liable to maintain and repair work shall, to the satisfaction of 91[ the Divisional Soil Conservation Officer ] 92[ or the Company Officer ] and within such time as the said officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement. (2) If such person fails to maintain or repair the work within the time fixed by 91[the Divisional Soil Conservation Officer] 92[ or the Company Officer] under sub-section (1), 91[the Divisional Soil Conservation Officer] 92[ or the Company Officer ] shall himself get the work maintained or repaired and the cost of so doing shall be recovered from the person.] 93[(3) If 91[ the Divisional Soil Conservation Officer ] 92[ or the Company Officer ] is of opinion that an emergency has arisen and that the immediate repair of any work referred to in sub-section (1) is necessary in the general interest, he shall carry out such repair and the cost of such repair shall be paid by the owner of the land on which the repair has been carried out. (4) 91[ The Divisional Soil Conservation Officer ] 92[ or the Company Officer ] shall, as soon as practicable, make report to the 94[ State ] Government 95[ or the Company] regarding such repair.] CHAPTER V. MISCELLANEOUS. Obligation of persons to maintain and repair works. Gujarat Land Improvement Schemes Act, 1942. 11 of 18 96[15. Any amount or instalment thereof payable under sections 11, 12 97[ or 14 ] which is not paid on the date when it becomes due under this Act shall be deemed to be an arrear of land revenue due on account of the land for the benefit of which the Scheme has been sanctioned under this Act or the work is or repairs are carried out and shall be recoverable as such arrear by any of the methods 98[99[provided in the Code.]]] 100[15A. The amount or instalment thereof due from any owner in respect of land payable under section 11, 12 or 14 to the Company shall, subject to the prior payment of land revenue (if any) due to the State Government thereon, and subject to the provisions of section 7 of the Gujarat Agricultural Credit, (Provision of Facilities) Act, 1979 be a first charge upon that land to which every other charge created in respect of that land shall be postponed, and such amount or instalment may be recovered according to the provisions of section 15B.