Bihar Soil and Water Conservation and Land Development Act, 1970

BIHAR SOII, AND WATER CONSERVATION AND LAND DEVELOPMENT ACT, 1970 comm Secrionc CHAPTER I . . ry I . Short title, exrent Md co~o~lcement . 2. Definitions. CHAF'TER U Notiiiution of Area and Cwtrd over them 3. Notification of-. 4. Power to regulate. raUin or prohibit cenain mattcn withinnotified mas. CHAFTEA I n 5. Cnrntihltion ofhe Board. 6. Functiorn of Ur Board. 7. Comtimtim of DisVjct C0,mminee. 8. Functiam of Ur Dirmct Cornmi*. CH&'I'ER IV - hpnrntao of- nad Water CopscqationanlLlnd ! j Development PInar 9. Matte fa whic'b p h may provide. lo. Rcpancion of p l h . 11. hbliidianof d M plplan. 12. District Soil Conservation Officer to consider object i~s Md submit repon to the Distnd Commirtee. g 13. Sanction of dnfi ~Ianr. C 14. Subsqumt change and mnection of m r s In the plan. Sectiom CHAFE!! V E~ecutios of Plan nad M a i o t e ~ u ~ e , Repairs and Use d Work carried out under th is plan 15. Directinn to execute work. 16. Labil~ty of penons whose lands are not included. 17 Repuation of statements. 18. Obl~gatlon of persons to maincam and reparr works. CH4F'TER VI Penalty 19. Rnalty. CHAPTER VU Mireuaneom 20. Sums oavable under this Act recoverable as public bcmand. 21. Rowdurn and powers of inqury. 22. Power to enter u p n survey and m d out land. 23. Appeal. 24 Puwen aurhanred to execute work lo be ~ ~ deemed as public servant. 25. Regnstration of documents or maps in cnnnection with scheme not rquired 26. Delegation of powen. 27. Pmvisions of this Act to prevail. 28. Power to make rules. 29. hle&io? of action taken under the Act I. Sbrl Me, extpnt and commocemenl+ 1 I 1111% Act mJ) nr ~d l l rd ihr R~hllr So11 I and Water Conarvluon and Land De,zlt,~men~ hsl 1517(1 . ~ (2) If extends to the whole of the Stale of Bihar. (3) 11 shall come into force on such dale and in such areas, as h e State Govemmenl may. by notification in the Offrcial Gazette. appoint and 11 may appoint different date for diKerent area and for different pro . ' ' 'ISIO~S. 2. Drfinitiom-In UL4 Act. unless ihe cuntext othenvtse requires, 1 (a) "Board" means the Bihar Soil and Water Conservation and Land Development Board constituted under Section 5; I (b) "Collector" means the Collectur or the Dep~lty Cornmssioner of a dislricf and MANUAL OF BlHAR W A L LAWS 1s. 3 un includes any off~cer appointed by he Stale ( 3 o v m n t lo exercise the powen and discbge the functiaw of a Collector uder all or any of the povisions of this Act; "Dist"ct Committee" means the Disuict Soil and Water Conservation and Land Development Committee constituted under Section 7; m . ~ i s & c t Development Comrnidee" meani a District Development Committee constituted under the executive orders of he State Government for a disirict for whlch no Zila Parishad ha k e n constituted; ,'District Soil Conservation Officer" means the Disrrict Soil Conservation and Land Development Officer for the d i s t n ~ and includes any oflicer appolnled by the State Government to exercise the powers and d i schqe the hnctions of a Disuict Soil Cinservation Officer under this Act: Provided that one person may be appointed to be the L>isvict Soil Conservation Oflicer for more than or: dlslrict or more than one penon may beappointed to be District Soil Conservation Offices in Ule same disvict; "ownet" means any person or persons holding land severally. or jointly or in common as a r a j a t or an occupancy under raiyat of a mortgagee of such lands w ~ t h posrcssion; (#) "panchayat sam~ti'. means a Panchayat Samitl constituted under the Bihar panhayat samities and Zila Parishads Act. 1961 ( 8 t h ~ Act Vl of 1962). and lnc~udei a lock Development Committee constilted under the exec,u,tlve orders of the stare ~ovemment for an area for which no Panchayat Sarmtt has been constituted; ,3plan.3 means a for the purpose of soil and water conservation and land development prepared under Uus Act; (i) "prescribed'. means prescribed by rules made under dus Act; (I) "Sail Conservation Officer" means the Soil Conservation OMcer of the area and tncludes any officer appointed hy the Stale Government to exercise the Powen and discharge the funcuons of a Soil Conservation Officer under this Act; - ( 1 5 ~ - q , , ~ , ~ , ~ , ~ ~ a l offlcer" means the officer in charge of the suM~vrsion of a deulct. " <,., . - ~ ~ (1) ,-waste land'. means any land which for a penal of not less than five continupus years has k e n lying waste on accvunt of soil erosion, water logging. sahnlt~, wru,rnnlation of sand. arowth of weeds or any other cause or which for the perid ""-" ~~~.~ . aforesaid has been lying uncultivated; (m) "work- means any work of public utiliry conshucted, erected or c&ed out or 10 be out under a planhnd includes a pasNre or forest provided for oi rased under a plm; (n) "ZiIa Parishad means a Zila Parishad constituted under the Bihar Panchayat Samties and.Zila Parishads Act. 1961 (Bihar Act VI of 1962). and includes a Dislrict Developrnent Cornmiltee; (0) the expression "cattle". "forea produce", "timber" and "uees" have the meaninps respectively assigned to them in the Indian Forest Act, 1927 0 6 of 1927). Notification of Areas and C o n m l over them 3. ~ ~ ( f i ~ t i o ~ ~ f a r e a s - W h e n e v e r rhe State Government considen that in any area It ;s expedient to for the conservation of soil and water or for the prevention or ,astioation of crosion of lands. ir may, hy notificarir~n in ihe Official G a ~ e t k , declare the area o - ~ ~ ~- ~ lo he a notified xea for the purposes of his Act s 51 BIHAR S AND W C AND LAND DWELOPMENI. ACT, 1970 401 4. P o w c r t ~ r r y l s t e , r & & t w p r o b i b i t a R . i g ~ ~ ~ ~ ~ ~ re,pat of any narfied a m or pan thereof. the SW C o , e m c n t may, hy or&r publlrhad in the Off ic~d Gazcne, resulct or &bat. (a) the clearing or breaking up of land fwcultivation or the cultivaion of land, (b) the quarrying of stone or burning of lhne, or manufacuing and burning of mks, (c) the cutting of trea and timber, or the collection or removal or subjection to any manufacturing p w s s of any f m l prcdum for any purpare; (4 the setting on fire o f k s , timber or f m t W x e ; (e) the admission, herding, panhning and retention of cattle incluling goats, h a n d pigs; ~ ~ (fl the emtionof buitdinp in w h a n a ; and (B) any other %t which hampers the preparation a execution of the plan. CHAPIER In baodLhcBavdaodmew carrylng out the provisions ofthis Act, by not i f idoo in the Official G e , -ah*, for the Stale of Bihar, a B o d called the Bihar Soil 4 WWalw on ard Land Development Board. (2) ' h e Board shall consist of the following members (a) the Minister in charge of Agriculhue, and if tliere is no M-nister in chsrge of AgriCullure, any pwson nMlinarPd by the Govunor, who shall be the Chainurn; (b) the Chairman of the State Panchayati Raj Board esrablishod under the Bihar Panchayat Samities and Zila Parishads Act, 1%1 (Bihar Act VI of 1%2), if any; (c) theDevelopmentCommissioner; (dl the Agricultural Pmdum Commissioner; (e) !he Director01 Agriculm; (fl the Directw of Soil Conservation; Q) he Chief Conservator of Foresu; (h ) the Chief Engineer (Irrigation); .- ~ (i) five members of the Bihar Legislative Assekbly and two m m k n of ihe Bihar & g I s b ~ ~ c e B e ~ ~ ~ ,. . - ... --,. (3) ' h e Dimtor of Soil Collservation shall h: the Scnerary of tk B&. (4) The Board may invite any o k r person or persons to attcnd meetings of the Boyd. (5) 'Re term of office of the members referred to in c l a w ( I ) of s ~ b e c t i o n (2) shall be three years or such shorter period as fheS(ate Government may 6x Pmvided that if a member nominated under c l w ('7 of subsection (2) is uMble by reason of his death, resignation or orhenvise lo conipleze his full lcmr of o&, the vacandes ' so caused shall be filled by fresh nomination and the p e m n n o m i m a to fin a c a r d vacancy shall hold office only for the remaialcr of the rerm for which ihe mmber, whose place he bkes, was nominated. t (6) If there is a difference of opinion amongst the members of &he Board qarding any ma~&undachis Act the decision of themajority of the memben present shall prevail: Pmvided that when their opinion is equally divided, the Chairman rhdl exercise a casting t 4m MANUAL OF BlHAR U X A L L A W S [S 6 (7) A non-offid member may at any ume, by notwe m m h n g to the Chrman. resrgn k office (8) All commurucatlms and a& of the Boanl shall be lssued by the SecreW Or by lvch subadinate to h m ar may be authonsed by the Board tn h s behalf (9) No act a pmceeding of the Board sliall be deemed lo be invalid by reason merely of y in a any defect in theconstitutim of the B d vs dtbr Board-% functior. of the Board shall bc (a) to make recommendations to State Government regarding policies for soil and . ru*I conscrvdon measures in the Srate; (b) to make mmmendations to the State Government ar to the areas for which soil adwater conservation and land development plans may be prepad; (e) to wmider and approve drafl plam to be placsd before the Board under the rules made by the State Governmect under Section 28; (4 to perform such other f u n c t i o ~ ar may be specified in this Act or in the rules made reunder. titutaodDkIdct Commitbet(l) Forevery district in which this Act shall be & ia force the State Government shall by a notification in the Official Gazette, constitute a c a d t h e called the Disirict Soil and Water Conservation and Land Development CcmmiUee consisting of he following members (,) the Collector, who shall be the Chairman; (it) the Adhyaksha. Zila Parishad, (iin UK DistriCL Soil Conswvation @fflcer; [iv) the Di&t AmiculNral (v) the Divisional Forest Officer a Officers; (vr) the Sutdivisional Off~ca of the Sutdivisioo to which the scheme relates; (vir) four members of the Zila Parishad to be nominated by the Adhyaksha from among the members of the Standing Commitlet constituted under clause (iii of subsection (I) of Section 42 of the Bihar Panchayat Samities and t i la Parishads Act. 1%1 (Bihar Act V1 of 1962). or four non-official members of the Dislnct Development Committee to be nominated by the Committee where no Zlla Parishad has been constituted. (2) Ihc C d m a e may invite any penon w -ns to m n d meetings of the Committee. (3) In the absem of the Collector the Commiuec shall elect a Chaimxw for themeeting. .(4) % District Soil Conservdon Officer shall be the ex-ofiw SccreW of the District Commitlee. ( 5 ) If there IS a dofferrnu of optnlon amongst he memhrs uf the Dtstrtnst Comm~nre. the &elon of the malmry of the mcmhers prcrent shall p r n r l ~ ~ Rovided that when their opinion is equally divided the Charman shall exercise a casting vote. (6) (a) A member referred to in clause (vii) of sub-section ( I ) may, at any time, by notice in dng to he Colle~tor resign his office. (b) A casual vacancy caused by the resignation of a member under clause (a) or o(hcnuise shall be filled by fresh nomination. (7) AU cewp%mj,ations and orders of the District Commirtec shall be issued by the Saeniary or by such officer subordinate to him as may be authorised by the District CcpsmeeJn this behalf. A'.,:,~ ;>..,:$ a,> ~. $ . . 1 ,i.'-,~i .. r.;;;:i , t S. 101 BlHAR S. AND W.C. AND LAND DEVELOFMENT ACT, 1970 403 (8) No act a pra%dings of the Ccmmitlee, shall be deemed to be invalid by reason v ~ l l f y in, a any defect in the mb'mlion of, b e Committee. -a dtbe-ca "' I h e ~ o f ~ ~ ~ ~ ~ e W ~ (a) to make recommendatims to the Board ar to the arm in the dimid fa which . . . ~ plans may be prepare4 .. . . (b) to consider the recommend plans for areas in the district to be placed before the Committee in accordance with the rules framed under Scction 28 and subjeet to such conditions ar may be prescribed, approve the same; (c) to carry out the directions issued by the Slate Government a the Board fom time to time with regard to (d) to perform such other functions pertaining to soil and water wnservatim and land develcpment as may be specified in this Ac; a in the rules made thereunder. RFpantim d Soil and Waln Conanation and Lnod Devdopmeot Rua 9. Matter for which tbr pIan m y provide-A plan may provide for all or any of the following matters, namely: (1) prevention or mitigation of erosion of soil; (ir) presewatim and improvement of soil; (iic) reclamation of waste, saline or water-logged land; (iv) improvement in the methods of cultivation; ( v ) construction of earth and masonry works in fields gullies and ravines; (pi) training of stream and water cou&e; (vii) land levelling, p r e m . o n of channels for irrigation and drainage and application of other water management practices in the irrigation commands; (viii) cultivation of waste or fallow land; (ir) prohibition or control of grazing or reselvation of land for pasture and deep culrtvation by tractors in areas subject to erosion; (x) planning and preservation of trees, shrubs and gmses for afforesting uncultivable land or providing shelter belts against wind e ~ i o n or for any other purpose; (11) regulation or prohibition of the sening on fire of vegetation; . . . . . .. . .~ ~ ~~ - -. f i r> improwmen! of water sopply; (xiir) retirement of any land-from cultivation of i s continuance under agnculrure is prejudicial to that land or some other land, (xiu) prevention from breaking up marginal and sub-marginal lands for purposes ot cultivalion; (xv) uonsoltdation of holdings of cultivators of an area for the better use of land; !mi) any other matter which may be prescribed. i 10. Prepantion of p k n W l ) A draft plan shall be prepared hy the Soil Conselvation Office: of the area contaming the following particulars namely: (a) the object of the plan; (h ) the boundaries and approximate area of the land to be included in the plan, ( c ) the persons, including the Government, who will be affected by the plan; 1 (4 the work or kind of work to be camed out under the plan and the cost thereot (e ) thc agency or the agencies through which the work shall be carried out; I , , 1M MANUAL OF BlHAR !.QCAL LAWS IS. I1 fi the total amount to be recovered ilr,m owners; (R) Ihe general m e per acre per annum at whichBuch amount is to be recovered from owners; (h) the period wilhin which the amount is to he rwoved; (i) the work which, in his op~ninn. shall be munbined and repaired individually or jointly and the name of evely such pznon; and (j) s l rh other partlcul+s as may he precrihed. (2) The draft plan so pdCared shall he placed before the Distnct Commiltce which may approve the plan with or without modification or may reject i t md cause to be prepared anmher drafrplan, povided that the Dislrict Committee shall nol approve or recommend any plan which has not received the amsent of at least 50 per cent of the owners of the land. included in the plan. 11. Publication of d d l p-I) Copies of evely drah plan prepured under sub-section ( I ) of Ection 10 together with the connected maps and plans, i f any, shall be puhlished in the draft stage by Disulct Soil Conservation Officer and shall be made available hy him fnr inspeclion by the public free of charge, in the offices of Gram ?anchayats. Panchayat Samities and Subdivisional Officers within whox~urisd~ction the lands propaaed to he included in the draft plan are situatedand in his own office. (21 A general notlcc in ihz p r e r r ~ k i kma \hall be p u h l ~ M in the Ofhcial (mr t r : and In w r h neu\papen 11 any. anuldtlng in h e lo~dltty as the D~\tnrt So11 Con\ovat~un Ofti.er may direct (a) intimating that the drafi plan h q been prepared, thal copies thereof have h&n kepl and may be inspected by the publicfree of charge a1 the places aforefaid and lhat copies of the draft plan may be oblained on payment of the cosl thereof which shall be specified in the notice, tiom the Disuicicl Soil Conservation Officer or the Subdivisional Officer w B l n k Development Officer and also horn any other officer specified in the notice; and (h) requiring any person affected by thedraft plan who wishes to object to i t or to any p a l thereof. to submit his objections in writing to the Disbict Soil Con~ervabon Officer or to appear before him with his objections within thirty days of the publication of the naice. (3) A special notice shall be sent to the Panchayat Samities concerned requiring them to submit such suggestions or objections ar they may like to make within lhirty days of the receipt of the special notice. (4) The general ncilce shall also be publi*lcd by heal o f drums in Ihe village a villages to which the draft plan relales. 12 D$Irict Sail Comenatioo Ot6rer to -aCr objsctanr d submit rrport to the District Conmi*-The District Soil C o w w d o n Officer shall inquire into the clhlezt~on, reccl,ed a recorded b, htw and suhmnt them 18, Ihr L)vcmrl Ct~mmlrter lugethe1 u~Ih hi, r e w hereon and b, recummendatnun. ~f any. for mdihcauun of the draft plan 13. S a m t b of draft ~lnos--(L) Afkr considcine the obiections and the repon and the rtiommcrdat~on, of the &;mct so11 Csnscnauon O fkc r and any fu&r repM whlch the U s r ~ c t C' ,mmnlw nwy rcqulrc fn,m turn. the Vtrmct ('~,rnm~ttcu ma, ac:abrd its dppralv11 or. as the tau mav be. fomardthe draft ~ l a n to the Board with iu mmmendations ,2) ik ~;urd may Jppnlre the irafi plan p l d h e l m it under he hcLs wlth or wllhuut mndr11~aLt1nk or mav reject 11 and direct ha, in m u thereof a f m h draH plan be preparrJ .mJ suhminedfor its appkvil. (3) m e draft plan as approved by the Dirtnct Commitlee uf the Board, ss the case may he. ?hall be submittrd by the Board !o the Slste Government for sanction and thereafter the S. 151 BlHAR S AND W.C. AND LAND DEVELOPMENT ACT, l 9 l O 405 Slate Government may sanction the draft plan with or w i h u t modificationr or may reject i t and direct lhat a fresh planbe prepad and submined for iL% sanclion. (4) The plan as sanctioned by the Stare Government, shall be published i n the prescribed manner and copies Wreof shall be made available in the offices o l the Gram Panchayat, the Panchayat Samtties,'the Subdmisional Offieer and the Dismct Soil Conservation Officer within whose jwisdrction the land included in the shcme arc situated. (5 ) Publication of notices in the presribed manner shall be aeated as final notice fa fulfilment of the provisions of this Act. (6) On and from the date of the puhlica~ion of the plan under subsection (4) the plan shall come into force and shall have effect. (7) The Slate Government may, for the purpose o f canying out the objecu of the plan. make regulations rquiring any person or persons or the public generally to lake certain actions or to refrain from doing cenain acls i n r e s p t of any matters supplementary and incidental to the plan. commeots DnN--raft signiae a cheque M bill of exchang, or o h ngobab~e i n s m t ; al& Ule mugh copy of a legal daumnl kfwe i t har bcol enpsud.' 14. Subsequent chnttgs md wr&n of ermrs in tbe plan-Norwithstanding anything contained in Section 1% (1) the Dimtor of Soil Conwwation may make such changes in the plan as are at any slage neeessilated by the changes that may occur in the land due to any unforeseen circumsrances: Rovided that no such change shall be made to the prejudice o f any owner withrxlt allowing him an opportunity of k i n g heard: Provided funher that such changes shall be placed befcue the Board at its next meeting for its approval; ( i i ) the Dismct Soil Conservation Officer, may, i f satisfied that a clencal o r arithmetical error erislr in the plan, correct the same in the prescribed manner. either on his own motion or on the applkation of an interested person: ~. Rovidcd that such changes shall he p lxed before the Disvict Committee at its next m d n g for approval. .~ CHAF7ERv Eiaolim aADh sndMd.irenrmc; R e p i m d - d W a L d - - - - ... O U l ~ m i s R a 15. Direction to e x s u h a d - - ( I ) The Dismct Soil Conxrvdon Officer may by notice, require any owncr to cany w t at his own cost any work which under the plan is to be carried out by the owner at his own cost, in the manner and w i h the period mentioned i n the noticc. f (2) W k r e an owner intimales in vlriting to the Dismcl Soil Conservation Ofticer that he is unable to cam out the work within the lime aforesaid or ifthe wafr is n a m e d out to ihc i satisfaclion of thc Dismct Sod Consewdon Officer by the date f i x e d in that behalf w within 1 such further time as he may allow, the Dirhlct Soil &mwation Officer shall get the wo& carried out and. subiect to such conditions as mav be omscribed i n t h i s behalf. m v e r the , . expenses rncuned from the owner as arrears of land revenue: I M o z w s r u w O"<,<!nn", p IDS 4IX MANUAL OF BMAR LOCAL LAWS [S. 16 Provided that the Dishict Soil Comervation Officer shall get the work canied out in such n c m &I serving notice on the o w m and giving him an oppormnity to be heard. (3) Notwithstanding aoylhing contained in subsections (I) and (2) where the Collector is of the view Ulat it will be in the interests of general public to have a work carried out by the Dirbict Soil Conservation Officer, he may d k z the Disuicl Soil Conservation Officer to cany out wo* and cost of d c h work shall, subject to such provisions as may be prescribed in thi.i behalf, be recovered by theDishict Soil Conservation Officer as arrears of land revenue h m the owner or h m the owners in such proportion. as the Collector, may fix after taking into consideration the benefits or likelv benefits to the land of each owner from that work and aher relevant m r s . (4) If the costs are not paid by the o m e r within the prescribed time, such owncr shall also be liable to pay such interest thereon as may be pwribed. 16. Linbilily d prrroas w h m lnadd m no( i m h d a L ( l ) If in consequence of any work cnrried out under the plao, any pason orher than the owner of the land on which the w a k is done, is likely to be benefit& sdch person shall pay such amount and within such time as the Collector may determine, to the owner of the land. if the work is carried out by bim or to the Slate Gonmmnt, if the work is carried out by the D i i c t Soil Conservation officer Provided that bduc any person is required to pay any such wnhihtion, he shall be given a reasonable opptuni ty for makmg his representation, if any, in regard to the matter: Provided h t b r that any contrihtion may be waived by the Stale Govcmmenl in whole a in put in mspxt of any work canied out in land owned by iL (2) If default is ma& in the payment of such conhihtion within the time determined in mat behalf in pursuance of sub-section (I), the Collector or d f f i c e r authorised by him in ibis behalf shall m v e r it from the defaulter and pay the same to the owner of the land or lo the Slate Government, as the case may be. 17. Pmprntim d statcn~entr--(l) The Distdct Soil Conservation Officer shall, on mmpletion of the work, prepare a stalement for any specified ma giving the following pprticulaIs: ( I ) the name of owner or owners: (it) the wo* done; (iu) the cost thenof; (iv) the total amwnl to be rtfovered from the omers; (v) the general rate per a m per annum at which such amwnt i? to be recovered from ownen; (n) the period within which the,amount is to be recovered; (vii) the work which, in his opinion, shall be maintained and repaired ind~vidually or jointly and the name of every such person; S. 221 BlHAR S. AND W.C. AND LAND DEVEUJPMENT ACT, 1970 407 (I) such other matters as may be prescribed. (2) Wheo a statement is prepared undu this section, any righu and liabilities shown herein shall be entered in a record to be m a r e d for h e purpose and kept in x h -r as may be prescribed in the 0fE-x of District Soil Conservation Offica and the Paachyat Samiti as a permanent record and shall be open to public impection and Fopics whwfsha l l be providedon payment of presnibed fees. 18 -tion of p m b mniatin and repair w r k c E v c r y person shown in the statement prepared under Section 17 ar liable to maintain or r c p e any w u k shall to the satisfaction of the Dislrict Soil Conservation Officer and within such time as the Dishict Soil Consenahon Mfcer may fix, mamlam or repar the work on h s o m land and on any other land rnrupc~t of whch he is shown as hable in the md statement . . . (2). If any person fails to maintain or repair the work within the lim fixed by the DishicI Soil Conservation Officer undex s u k t i o n (I). the District Soil Conservation Offica shall get the work maintained a repaircd by the Fanchayat Samiti or through any other agency if the Pawhayat Samiti fails to exccute the work and recover the cost thereof from such pmon. (3) Any dispute as to the liability or the amount of cost shall be k i d e d by the Collector. CHAFlER VI hdts 19. Pendt-Any person who without proper authority damages or obstnvts any work undu a plan a contravenes any of the provisions of this Act or aoy rule or ada made thereunder shall, on conviction. be liable to imprisonment for a term which m y extend to six months or to af ine which may extend to one lhousand rupees or to both and whue the offence is a continuing one to f u r h r fne which shall not be less than mpees twenty-five for every day dwing which the offence conhues after the dare of the fust mviction. CHAF~ER vn MirceOnaom 24. S u m payable under thip Act mrrrable ar public dunand-Any sum payable to the State Government under this Act, shall be recoverable as a public demand uoder the Bihar and DrissaPublic Demands Recovery Act. I914 (Biharaod Drissa A c t N of 1914). 21. Rocednre d powem of i n q u j L ( 1 ) Any officer or authority e m p o w a d to ~ ~ .~ ...~ make an inqlury udder this Aci dill, fi&% E i s F f i c 'pm%iiiKElxen made meretor, make the inquiry in the manner povided in the law shall, ar far as may be, apply to an inquiry under this Act (2) Any officer or authority referred to in sub-section (2) shall have the s a m p e r of summoning and enforcing the attendance of any person and examining him on oath and compelling the production of documents as are vested in Revenue Officers under the law referred to in that sub-section. (viii)in the case of any survey numbcr or suMivision of survey number for which the owner is not liable to repair or maintain works therein, or if the cost is to k 22 Power to enter upon survey d mark out W.-41) Any person aulhorixd recovered from an owner at a rate other than the general rate, a l i a of such survey I generally or spectally in t h s behalf by the Stale Government or the Colleclormay along with n u m b or subdivisions and the rate at which the cosl is to be recovered from the his staff and workmen for the purpose of exercising any power or perfuming any hrnction a owners of such s w e v numbers or subdivisions: duty conferred or imposed or entrusted by or under this Act, and after giving such notice as (u) a map showing the w d carried out in the village: may be prescnbcd, to the owner, occupier or any person ~ntensted in any land enter u p , survey and mark out such land and do all acts necessary for such purpase MANUAL OF BIHAR LOCAL LAWS BIHAR S. AND W.C. AND LAND D E V U D ~ ACT, 1970 (2) In panicular he may- (2) W i h u t to the p m a b t y of he faegoingpowa, such rules may prmde fo (a) Iake levels; (a) the pmodure for and the manner of declaing a p e ~ n to be an owper, (b) dig or bore into the subsoil; (b) matters relating to the esrablishment and constirution of the Boyd and he District (c) place, e m t or m l e on any land any peg or mark inctuding trenches or boundaries which he deems lo be wsssary; ( 4 do all Mher acts necessary to a s c d n wkther the land is suited for such prrpare; (c) the procedure (including quorum) for (he conducl of business by he Board and he ' District Commitlee; (e) where otherwise the swvey canna be completed, cut down and clear away any part ef the swding crop, Lence orjungle but only to the extent nmessruy. ( 4 the caIegories of plans lo be plafed before the D~sbict Committee and he Board; (3) Payment in respect of any darnage c d to he pmpeny or righe of any pason in carrying out any opera(lons under the provisions of this Act shall be made to the p e m b (a) w h a e a n a ~ t h a s b e e n e n f a e d i n t o w i t h t h e ~ c o n c e m Q i n a c c a d a n c e with the a@wment; and (b) in other cares in accordance wilh Section 5 of the Land Acquisition Act, 1894 (l of 1894). 23. Appd-Any person aggrieved by an order pawed under Sectton 15. Sochon 16 or Sccbon 18 may appeal witinn such pencd and in such manner, as may be prcsmtcd tc 1 (a) the Commissimr of the Division, if the o r b has been pawed by the CoUbCta or the Deputy Commissioner of the district; (b) the Collector or the Deputy Commissioner of the Disbict, if he order has been. I pasod by any officer Mher than he Qllector a the Deputy Commissioner of he district 24 Powers authorhed to execute wrk to be dcwd pr pblic scrmot-Every penon who is appointed or authorised to exercise any pomr or to perform any function or duty conferred or imposed by or under this Act, shallbe deemed to be a public servant witlun the meaning of Section 21 of the Indian Penal Code (45 of 1860). and every person who is required to submit any opinion or particular shall be deemed to be legally bound to do so within the meaning of the said Code. 25. RgiPtrntiw of donmvab a maps in eoomctioll with scbeme at mpirrd (1 ) Nothing in he Indian Regiaation Act. 1908 (16 of 1908). shall bedeeumito.myits~he registration of any dacument or map pepard, medc or saoctioned in p m u a l ~ e of lhir Act in connection with any plan which has corn into f o m . (2) All such documents and maps made shall, for the purposes of Sections 48 and 49 of the said Act, be deemed to be registered in accordance mth the povisions of that Act (3) All documents and maps relaing to such schemes shall be acks ib le to Ih publicjn he manner prescribed 26. Ddqptan of powen-The Shte Government may delegate to any officer or authority subordinate to it any of the powen, functions or duties required to be dirhargcd under this Act 27. Rorisa~s of ths Act to prcdL-lhc p o n s i m of thir. Act shall have effect notwithstanding anytinng inconsistent therewith contained in any o h law for the time being in force. t8 Powem,to make &+I) The State Government may, by nciification in he OWcial Gazette. make hles for the purruses of carrying into effect he povisions of this Act. (e) functions of he Districl Soil Conservation Officer and allocation of bwineis to he District Soil Cowervation Officers in the s a n ~ district; V ) the particulars to be W out in the &aft plan; (g) the time within which he cost of work carried out by the Wet Soil Conservation Officer shall be paid by the owner and the interest on sufh c&; (h) the form in which and he intervals at which re@ of pmgress in work shall be submitled by n District Soil Conservation Officer; (1) the form of statemqnt of rights and liabilities oi the o m e n ; O the s(atements, rerums, regtsters and other records, required to be mantuned by or under tlus Act; (k) the form and manner of service or publication of notices under this Act or the lulcs made thereunder: ( I ) filing and disposal of objections and appeals under this Act and the procedure to be followed in regard thereto; (m) the duties of any officer or authonty having jurisdiction under this Act and the procedure to be followed by such officer or authority; and (n) other matters which are to be or may be prescribed 13) &J!~!cs m,& under Act hall, as s w n as indy be aflcr hey arc inzde, he la.1 . . - . . . - -. . hefore each Houv of the Slate I ras la rnc while it ic in scsslon. for a 801.d ~ n o d uf lounrcn . days extending in its one session or more than one suaessive sessions and shall, unless some l a ta date is appointed, fake effect h m he date of their publication in the Ofiiiial Gazette, subject to such modifications or annulm&ts as the two Houses of the ~egislaturi may agree to make; so, however. that anv such ~nodification or annulment shall be without u e i d c e to the validity of anything previously done thereunder. 29. Rotgtiao of action taken under the A c t A l ) No suit, prosecution w other pmceedjng shall lie against any person for anythinp dcne or intended to be done in good faith in pursuance of ~ Act or any rule made Ihereu.ijer (2) Saw as otherwise expressly provided hy or under this Act, no suit or other legal proceeding shall lie against the State Government for any damqecaused by anything done or intended to be done in good faith in pursuance of thir Act or any rule made thereunder.