Section 81
while exercising any power
81. while exercising any power
e conferr~d . u upon the Board under Section 79 and 80, the Board shall cause as little damage as possible to any property., and shall pay compensation to all penons· interested in any such property, not being a property of the State Government, for any damage swtained by them in consequence of the exercise of such power.
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!ft 82. The Board may for the purpose of carryini out
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:!.,:.eorftvits functiom under this Act, with the previous sanction of the , S State Government, compulsorily acquire any
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land with or without structure thereon under the provi .s .sicns of any law · for the time being in force authoritiui such ·
When any land has been acquired in pur-
Boarlo t suance of Section 82, · the collector within whose juri1diction the land is ' situated shall;upon payment of the cost of acquisition, ·m ·make over charge of land to the Board, and the land shall thereupon vest in the Board, subject to the liability of the Board · to pay any further cost which may · have been incurred on account of its acquisition.
· 84· Subject to the provisions contained in Sec-::rn::~C:n3 tion. 8, for al1 appointments . u under the said section employees. the method of recruitment, qualifications, pay and .o .other terms and conditions of service shall be such as may be . P Provided by regulations·
anO::Io e· 85. (1) . All of?cers and employ~e~ of ~e Board ·es ~o ~su~shall be subordmate to the Managing D1rector· ordiQllte to · · · the Managing Director.
Any officer dr employee aggrieved by an
order or of the Managtng Director or any other officer authorised by the Managing Director in this behalf inflicting punishment on him, may appeal· the Board and the deCision af the Board thereon shall be final.
Delegation · 86 :The exercise of any power delegated under of Powers. this section shall be subject to . s such restrietio!l and conditions as may be specified in the order and also to control. and revision by the Government or by such officer as may be empowered by the Government in this behalf or, as the case may be. by the Board or such officer as may be empowered by the Board . i in this behalf:
:Powera · 0 f to the· · t ion, comPoSi· ti
tf t ion, comPoSi
tion; etc. of
ll ;
legal procee- di gp
dings and ob-
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taining legal
df advfcc.
The Director may; subject to the
. control of the Board-.
(i) institute, defend or · withdraw from legal
procl:edings instituted under this Att or any rules made thereunder ;
(ii) compound any offence against this . Act or . a any , rules made · thereunder which, under any law for the t!me being in force or the rules prescribe by the Government may lawfully be com-
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pounded; · · ·
admit, compromise or withdraw any claim or
(iii) · made under tbis Act or any rules . o or schemes made thereunder ; ·a:nd ·
(iv) obtain legal advice and assistance as may from time to time, think necessary or expedient to obtain, or as may be desired by the Board to obtain, for any of the purposes referred · to in . t the foregoing of this section, or for securing the lawful exercise or discharge of any . power or duty vested in or imposed upon the , Bol;l,rd or any· officer or employee of the
Power oftbe . · 8J The· Government may issue to the Board·
ihiii ~~:~:~:d:rsuch
di o~der · and directions y
as in their opinion: are :~:d:
direcnecessary or expedient for carrying out .the ptir-
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e oard s a ·
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t e oard . . h 1
s a · a-
g1ve euect · · . to all such orders and directions.
:,dj~:!c~~:~ · 89. (I) . , W Whetl . a a dispute exists between- the'. betwee! the Board and ()ne or mor~ other local . authority or Board and among local
thd in regard
fth to
A any matter
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id . · · al
d
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r tho
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e LocaiA
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t e State · Government are . o of th,e opinion that the parties are unable to settle . i it amicably among themselves; they · may take . c cognizance of .. .. the dispute and decide it themselves.
The decisio:n .. of th.e State Government . thereon ·shall be ·binding on the .B .Board and the authorities and · shall not be liable to· be questioned in ·any court of !aw.
Eirect or oth-
l 90. Saye . .. as otherwise ,p ,provided in . ·· this Act. Eirect or
er laws. the provisidns of this Act shaJl have · effect not.:withstanding anything inconsistent therewith contained in . it, any other law .f .for the time being in
l fcrce or any custom, or contract g
clecree Or order of a court or other authority, and the pro
OS yp
vWODS which do not suffer from any such incon.
· s sistency shall be in addition to . a a1;1d not in der&gatiori. of any other law for , the time being in force.
No.tic.A .of 91· No suit shall be · instituted against the ~':!.cs ge~~tBoard, · or any Director, or any officer or employee of the Board, · or · any persori acting under the direction of . t the Board, or of the Chairman· or M anaging . DirectoJ;' or any officer or employee of the Board, in . r respect of any action done or intended to be done under this Act . or any rule · or byelaw or scheme made thereunder untill the expiration of sixty days next after written notice has been delivered or left at the Board's office or the place of abode of such officer, employee or person, stating the cause of action, the · name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain . a a statement as to whether such notice has ·been so delivered or left.
C:ompeasa· 92. (1) · When any person is convicted of any
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paid br Offoue · a
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e ·
or cted of
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yeaw uontobes:r. ·
paid br Off. ouence under thts 1
ct or any ru e or 1
ye- aw or endera for scheme made thereunder, the magistrate convicting
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used by em
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Pellon may, on app cation rna e .
m s ethea. half by the Board or by iti officer or employee authorised by ' it in this behalf, call upon such person forthwith to show cause as to ··why he 1hould not pay compensation to the Board for damage caused by the commission or ommission in respect of ·which he is convicted.
The Magistrate shall record and consider any cause which such person may show and if the magistrate, after making such enquiry as he may think fit, is satisfied that such person is liable to pay compensation, may direct that a sum, not exceeding one thousand rupees as he · may determine, be paid by such person . a as compensation to · the Board.
The amount of compensation directed to be paid · under sub-section (2), shall if it be not paid forthwith, be recovered as if it were a fine im .p .posed by the magistrate on such person.
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