Act 2013 - Department of Land Resources

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30 THE GAZETTE OF INDIA EXTRAORDINARY [Pnnr ll-CTIAPTERXITevponenv ocLruPATtoN or LANDTenrporaryoccupation ofu'astc or arableland.procedurervhendill'ercncc ast()cornpensatroncx i sts.81. (/) Whenever it appears to the appropriate Government that the temporaryoccupation and use of any waste or arable land are needed for any public purpose, theappropriate Government may direct the Collector to procure the occupation and use of thesame for such terms as it shall think fit. not exceeding three years from the comlnencelnent ofsuch occupation.(2) The Collector shall thereupon give notice in writing to the person interested insuch land ofthe purpose for which the same is needed. and shall, for the occupation and usethereof for such term as afbresaid, and for the materials (if any) to be taken therefrom, pay tothem such compensation, either in a gross sum of money, or by monthly or other periodicalpayments. as shall be agreed upon in writing between him and such persons respectively.(-l) In case the Collector and the persons interested differ as to the sufficiency of thecolnpensation or apportionnrent thereof, the Collector shall refer such difference to thedecision of the Authority.Porver tocnter and takepossessrollandcornpensationonrcsloratron.Dill'crence asto condilionol land.82. (1) On payment of such compensation, or on executing such agreement, or onrnaking a reference under section 64. the Collector may enter upon and take possession ofthe land. and use or permit the use thereof in accordance with the terms of the said notice.(2) On the expiration of the term, the Collector shall make or tender to the personsinterested cornpensation for the damage (if any) done to the land and not provided for by theagreement. and shall restore the land to the persons interested therein:Provided that, ifthe land has become pennanently unfit to be used for the purpose forwhich it was used immediately before the commencement of such term, and if the personsinterested shall so require, the appropriate Government shall proceed under this Act toacquire the land as if it was needed permanently for a public purpose.83. ln case the Collector and persons interested differ as to the condition of the land atthe expiration of the term. or as ro any matter connected with the said agreement, the Collectorshall refer such difTerence to the decision ofthe Authority concerned'CHAPTERXIIPun i shnrcntfbr t'alseinlbrnratron.mala .fideaction- etc.l)enalty lbrcontravcntionol pr0vrslonsoI Act()llencss bycornpan iesOrruNcps AND PENALTIES34. (/) If a person, in connection with a requirement or direction under this ,\ct,provides any infonnation that is false or rnisleading, or produces any false document. heinutl U. liable to be punished with imprisonment of either description for a term which mayextend to six months, or with fine which may extend to one lakh rupees, or with both.(2) Any rehabilitation and resettlement benetit availed of by making a false claim orthrough fraudulent means shall be liable to be recovered by the appropriate Government inthe manner as may be prescribed.(J) Disciplinary proceedings rnay be di'awn up by the disciplinary authority against aGovernment servant, who if proved to be guilty of a mala fide action in respect of anyprovision of this Act, shall be liable to such punishment including a fine as the disciplinaryauthority may decide.85. If any person contravenes any ofthe provisions relating to payment of compensationor rehabilitation and resettlement. every such person shall be liable to a punishment of sixmonths which may extend to three years or with fine or with both.86. (/) Where an oflence under this Act has been conrmitted by a company, every
Sr:c.2] THE GAZE'f'fE OF INDIA EXTRAORDINARY .Iperson who at the time the oflence was committed lvas in charge oi and was responsible to.the company for the conduct ofthe business ofthe company, shall be deemed to be guilty ofthe offence and shall be liable ro be proceeded against and punished accordingly:Provided that nothing conrained in this sub-section shall render any such personliable to any punishment ifhe proves thar the offence was commifted without his knowledgeorthat he had exercised all due diligence to prevent the commission ofsuch offence.(2) Notwithstanding anything contained in sub-section (/), where an offence underthis Act has been committed by a company and it is proved that the offence has beencommitted with the consent or conrivance of, or that the commission of the offence isattributable to any neglect on the part oi any director, manager, secretary or other ofticer ofthe company, such director, manager. secretary or other officer shall also be deemed to beguilty ofthat offence and shall be liable to be proceeded against and punished accordingly.Explonqtion.- For lhe purposes of this section.-(a) "company" means any b
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Act 2013 - Department of Land Resources

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