Amendment status not verified — confirm the current text below against the official source.
(1) The 107[State] Government may, by notification published in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may be made to determine the following matters, namely:- 112[(i) the matters to be prescribed under clause (ix) of sub-section (1). and clause (v) of sub-section (2) of section 4; (ii) the matters to be prescribed under clause (d) of sub-section (1) of section 13; 113[(iii) other particulars to be prescribed under sub-sections (1) and (2) of section 13 A; (iiia) the manner in which the rights and liabilities shown in the statements prepared under sections 13 and 13 A shall be entered in the Record of Rights or village record and in the village accounts;] (iv) the manner of giving notice under section 16; (v) the manner in which documents, plans and maps shall be made accessible to the public under section 19; 114 [ * * * * ] 115 [ * * * * ] (3) The rules made under this section shall be subject to the condition of previous publication. 116[25. (1) Notwithstanding anything contained in this Act, the State Government may direct the preparation of a scheme providing for any of the matters specified in sub-section (1) of section 4 in any area in the following cases, namely :- (i) where 117[ the State Government, the Company or any trust] contributes not less than 25 per cent, of the cost of the scheme; (ii) if any person or authority is willing to contribute not less than 25 per cent, of the estimated cost, of the scheme; 118 [ * * * * ] (iv) if in the opinion of the State Government land improvement is necessary in the interest of any persons who are members of the armed forces of the Union or who were such members and have retired or the dependents of such persons; or (v) if in the opinion of the State Government the scheme is necessary in the interest of the public. (2) Alongwith such direction or any time thereafter, the State Government may authorize the Board to appoint an officer to prepare, in accordance with such instructions as the Board may issue, a draft scheme containing the particulars Protection of persons acting in good faith and limitation of suits and prosecutions. Power to make rules. Powers of State Government to direct preparation of scheme in certain circumstances. Gujarat Land Improvement Schemes Act, 1942. 14 of 18 specified in sub-section (2) of section 4. The officer so appointed shall prepare a draft scheme accordingly and submit it to the Board for approval. (3) After the scheme is submitted to the Board for approval under sub section (2), the provisions of section 5 and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme. (4) Notwithstanding anything contained in sub-section (3), the owner of the land in which any work has been carried out for the purposes of a scheme under this section be liable, pending the preparation of the statement under section 13 119[or 13 A] to maintain the work to the satisfaction of the Divisional Soil Conservation Officer 120[or the Company Officer] and repair it to his satisfaction within such time as he may fix. The provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this sub-section]. 121[25A. (1) Notwithstanding anything contained in this Act, if the State Government is of opinion 122[that a scheme is necessary in the interest of the public or] that a state of famine or scarcity prevails or is likely to prevail in any area 123[or that it is necessary to provide suitable work to relieve rural unemployment in any area] it may make a declaration to that effect. Such declaration shall be published in the Official Gazette. On the publication of such declaration, the State Government may direct the Collector 124[or the Company] to appoint an officer as the Executing Officer for the purpose of immediately constructing embankments in such villages as may be specified. Such direction shall also require the Board 125[or, as the case may be, the company] to prepare a scheme providing for matters specified in clauses (i) and (ii) of sub-section (1) of section 4 or any other matters specified in sub-section (1) of that section in such villages. (2) On the issue of a direction under sub-section (1), the Board 126[ or, as the case may be, the Company ] shall ask the Executing Officer to prepare a draft scheme, including therein all the works undertaken by him under sub-section (1), and other works in accordance with such instructions as the Board 126[or, as the case may be, the Company] may issue, containing the particulars specified in sub-section (2) of section 4 . Such Executing Officer shall prepare a draft scheme accordingly and submit it to the Board 126[or, as the case may be, the Company] for its approval. (3) The draft scheme submitted to the Board 127[or, as the case may be, the Company] may be approved by it without modification or with such modification as shall not affect the work carried out by the Executing Officer under sub-section (1). The scheme so approved by the Board 128[or, the Company] shall be published in the Official Gazette and in the village in which the lands included in the scheme are situate. On the date on which the scheme is published in the village it shall come into force and shall have effect as if it were enacted in this Act. The provisions of section 10 A and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme as if it were a scheme which has come into force under section 10. (4) Notwithstanding anything contained in sub-section (3) the owner of the land in which any work has been carried out for the purposes of a scheme under this section shall be liable, pending the preparation of the statement under section 13 129[or 13A] to maintain the work to the satisfaction of the Divisional Soil Conservation Officer 130[or, as the case may be the Company Officer] and repair it to his satisfaction within such time as he may fix and the provisions of sub-section (2) of section 14 shall apply in respect of the owner’s liability under this section.