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The Delhi and Ajmer-Merwara Land Development Act, 1948

Year of Passage: 1948 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Delhi andAjmer-Merwara Land Development Act, 1948. (2) It extends to the 1[States] of Delhi and 2[Ajmer]. (3) It shall come into force in each of the said 1[States] on such date3as the Chief Commissioner ofthat 4[State] may, by notification in the Official Gazette, appoint in this behalf.

Section 2 Definitions.

In this Act, unless there is anything repugnant in the subject or context,-- (a) "Board" means the Land Development Board constituted for the 2[State] under section 3; (b) "owner", in relation to any land, means-- (i) a person having a proprietary right in the land and includes a usufructuary mortgagee ofsuch right and, in the 2[State] of 1[Ajmer], an istimrardar, a jagirdar a muafidar, and a bhumia;and (ii) a tenant of the land as hereinafter defined; (c) "prescribed" means prescribed by rules made under this Act; (d) "reclamation" includes cultivation, afforestation and any other improvement of land; and (e) "tenant" includes a usufructuary mortgagee of the rights of a tenant.

Section 3 Constitution of Land Development Boards.

(1) As soon as may be after the commencement ofthis Act, the Chief Commissioner shall, by notification in the Official Gazette, appoint an officer to becalled the Land Development Commissioner and constitute for the 1[State] a Land Development Boardconsisting of the following members, namely:-- (a) the Land Development Commissioner, who shall be the Chairman of the Board, (b) two official members who shall be persons of experience in agriculture or irrigationengineering, and (c) two non-official members. (2) A non-official member may, at any time by notice in writing to the Chairman, resign his office. (3) The Chief Commissioner may, at any time, remove from the Board any member who is guilty ofany action involving moral turpitude. (4) No act done by the Board shall be questioned on the ground merely of the existence of anyvacancy in, or any defect in the constitution of, the Board. (5) If there is a difference of opinion among the members of the Board regarding any question thedecision of the majority of the members present and voting shall prevail, and in case of equality of votesthe Chairman shall have a casting vote. (6) The Board may appoint one of the official members to be the Secretary of the Board. (7) The Chief Commissioner may invest the Land Development Commissioner with all or any of thepowers of a Deputy Commissioner or a Collector under any law for the time being in force in the 2[State]of Delhi or 3[Ajmer], as the case may be.

Section 4 Matters for which land development schemes may provide.

(1) The Board shall prepare a landdevelopment scheme for the 1[State] providing for one or more of the following matters, namely:-- (i) preservation and improvement of soil; (ii) prevention of soil erosion; (iii) improvement of water supply by the utilization of water in rivers or rivulets, tube-wells,boring or construction of wells, conservation of rain water by constructing dams, or by use of power; (iv) improvement in the methods of cultivation; (v) introduction of dry farming methods; (vi) supply of seed, improved implements of agriculture, manure and fertilizers; (vii) development of horticulture and planting of fruit trees; (viii) reclamation of land lying waste through water-logging, accumulation of sand, growth ofjungle, soil erosion or any other cause. (ix) cultivation of land lying uncultivated owing to the negligence or incapacity or absence of theowner; (x) regulation or prohibition of grazing and browsing; (xi) control and maintenance of tree-growth. (xii) regulation or prohibition of firing of vegetation; (xiii) planting or sowing of trees, shrubs and grasses for the purpose of afforesting uncultivableland or providing shelter-beds against wind or sand or for any other purpose; (xiv) protection from locusts and other pests; and (xv) any other matter which may be prescribed. (2) Every scheme prepared under sub-section (1) shall contain the following particulars, namely:-- (i) the objects of the scheme; (ii) details of the area to be covered by the scheme; (iii) the work or kind of work to be carried out under the scheme; (iv) the agency or agencies through which the work shall be carried out; (v) the approximate estimated cost of the scheme and the method of financing it; (vi) the duties and obligations, financial or other, of the Government as well as of the owners ofthe area concerned; and (vii) any other particulars which may be prescribed.

Section 5 Inquiry into, and sanctioning of, schemes.

(1) The Chief Commissioner shall, after the Boardhas prepared the scheme under section 4-- (a) appoint an Inquiry Officer, and (b) cause the scheme to be published in the manner prescribed inviting suggestions from personsaffected by it within such time and in such manner as may be prescribed. (2) The Chief Commissioner shall, after considering the record of the inquiry and the report of theInquiry Officer and after consulting the Board, submit the scheme with his report to the CentralGovernment which may either sanction the scheme with or without modification or reject it.
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