Power of State Government to direct preparation and execution of scheme in

(1) Notwithstanding anything contained in this Act, if the State Government is of opinion that a scheme is necessary in the interest of the public or that a state of famine or scarcity prevails or is likely to prevail in any area or that it is necessary to provide suitable work to relieve rural unemployment in any area it may make a declaration to that effect. Such declaration shall be published in the Official Gazette. On the publication of such declaration, the State Government may direct the Collector or the Company to appoint an officer as the Executing Officer for the purpose of immediately constructing embankments in such villages as may be specified. Such direction shall also require the Board or, as the case may be, the company to prepare a scheme providing for matters specified in clauses (i) and (ii) of sub-section (1) of section 4 or any other matters specified in sub-section (1) of that section in such villages.

(2) On the issue of a direction under sub-section (1), the Board or, as the case may be, the Company shall ask the Executing Officer to prepare a draft scheme, including therein all the works undertaken by him under sub-section (1), and other works in accordance with such instructions as the Board or, as the case may be, the Company may issue, containing the particulars specified in sub-section (2) of section 4 . Such Executing Officer shall prepare a draft scheme accordingly and submit it to the Board or, as the case may be, the Company for its approval.

(3) The draft scheme submitted to the Board or, as the case may be, the Company may be approved by it without modification or with such modification as shall not affect the work carried out by the Executing Officer under sub-section (1). The scheme so approved by the Board or, the Company shall be published in the Official Gazette and in the village in which the lands included in the scheme are situate. On the date on which the scheme is published in the village it shall come into force and shall have effect as if it were enacted in this Act. The provisions of section 10 A and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme as if it were a scheme which has come into force under section 10.

(4) Notwithstanding anything contained in sub-section (3) the owner of the land in which any work has been carried out for the purposes of a scheme under this section shall be liable, pending the preparation of the statement under section 13 or 13A to maintain the work to the satisfaction of the Divisional Soil Conservation Officer or, as the case may be the Company Officer and repair it to his satisfaction within such time as he may fix and the provisions of sub-section (2) of section 14 shall apply in respect of the owner’s liability under this section.