Section 39 in Tamil Nadu Land Improvement Schemes Act, 1959
39. Power to enter, survey, etc.
(1)Any person authorised in writing in this behalf by the Soil Conservation Board, the Land Improvement Board, the [Commissioner of Land Reforms] [Substituted for the words 'Board of Revenue' by the Tamil Nadu Land Improvement Schemes (Amendment) Act, 2001 (Tamil Nadu Act 6 of2001), w.e.f. the 20th February 2001.] or the Collector may, for the purpose of exercising any power conferred on, or discharging any duty imposed upon, or performing any function entrusted to him by or under this Act and after giving such notice as may be prescribed to the owner, occupier or any person interested in any land, enter upon, survey and mark out such land and do all act, necessary for such purpose.(2)In particular, he may-(a)take levels,(b)dig or bore into the sub-soil,(c)place, erect or make on any land any peg or mark including trenches or boundaries which he deems to be necessary,(d)do all other acts necessary to ascertain whether the land is adapted for such purposes, and(e)where necessary, ait down and clear away any part of the standing crops, fence or jungle:Provided that if any standing crop or tree is cut down, such crop or tree shall be handed over to the person entitled to such crop or tree.(3)Where any damage, or injury is caused to the land in carrying out any operation under this section, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-(a)where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;(b)where no such agreement can be reached, the Collector shall determine the amount of compensation in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894).(4)Every person who is appointed or authorised to exercise any power, discharge any duty or perform any function by or under this Act shall, when acting or purporting to act in pursuance of any of the provisions of this Act or the rules or regulations made thereunder, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV 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.
