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State of Gujarat - Section

Section 70 in The Bombay Irrigation Act, 1879

70. Power to make, alter and cancel rules.

- [(1)] [Section 70 was re-numbered as sub-section (1) of that section by Gujarat 1 of 1962, section 3 (w.e.f. 10-12-1962).] [the [State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may from time to time make rules not inconsistent with this Act to regulate the following matters:-(a)the proceedings of any officer who under any provision of this Act, is required or empowered to take action in any matter;(b)the cases in which, the officers to whom, and the conditions subject to which, orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;(c)the person by whom, the time, place or manner at or in which anything, for the doing of which provision is made in this Act, shall be done;(ca)[ the manner of constructing a [field-channel] [Clause (ca) to (cf) were inserted by Gujarat 6 of 1963, section 5.] under section 15A;](cb)[ the other particulars to be specified in, and the manner of publishing, a draft scheme under section 20A;] [Clause (b) was substituted by Gujarat 27 of 1973, section 11(i).](cc)[ the manner of publishing a final scheme and the manner and form of notice to be issued to each holder of land under section 20A;] [Clause (cc) was substituted, by Gujarat 27 of 1973, section 11 (ii).](cd)the form of a notice under section 20C and the manner of giving such notice;(ce)the form of a certificate under section 20E;(cf)the period for lump sum payment under section 20F;](d)the amount of any charge to be made under this Act;(dd)[ the manner in which the cost of repairs shall be calculated under sub-section (2) of section 25A;] [Clause (dd) was inserted by Bombay 29 of 1951, section 6.](dl)[ the other manner in which a scheme shall be published under section 50; [Clause (dl) to (d5) were inserted by Bombay 59 of 1950, section 6.](d2)the date for payment of, the rate of interest on the period within which the instalments of betterment charges shall be paid under section 56A;(d3)the suspension or remission of betterment changes, the instalments thereof and the interest thereon;(d4)the conditions subject to which the relinquishment or exchange of lands shall be permitted under section 56B;(d5)the division into zones of lands under the irrigable command of a canal for the purpose of the betterment changes leviable on such lands;](e)and generally to carry out the provisions of this Act.Publication of rules. - The [[State] [These words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may, from time to time, alter or cancel any rules so made.Such rules, alterations and cancelments shall be published in the [Official Gazette] [These words were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.], and shall thereupon have the force of law.
(2)[ All rules made under this section shall be laid for not less than thirty days before the House of the State Legislature as soon as may be after they arc made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
(3)Any modifications made by the State Legislature shall be notified in the Official Gazette and shall thereupon take effect.] [Sub-sections (2) and (3) were inserted by Gujarat 1 of 1962, section 9 (w.e.f. 10-12-1962).]