The Jammu and Kashmir Land Improvement Schemes Act, 1972
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3. Notification of areas
NOTIFICATION OF AREAS, CONSTITUTION OF DISTRICT LAND IMPROVEMENT COMMITTEES AND MAKING OF LAND IMPROVEMENT SCHEMES
Notification of areas.-Whenever it appears to the Government that in any area comprising the whole or part of a district it is necessary to provide for the making and execution of land improvement schemes including schemes for soil conservation, improvement of soil resources, prevention or mitigation of soil erosion, protection of land against damage by floods or drought, farm drainage or other works incidental to, or connected with, such purposes, the Government may, by notification, declare such area to be a notified area for the purposes of this Act.
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4. Constitution etc. of District Land Improvement Committees
Constitution etc. of District Land Improvement Committees.-
- (1) For any one or more notified areas, there shall be a committee to be called the District Land Improvement Committees consisting of the Deputy Commissioner, Assistant Agriculture Production Officer, District Agriculture Officer, Soil Conservation Officer, Divisional Forest Officer and three non-official members of the area which wholly or partly falls within the whole or part of the notified area nominated by the Deputy Commissioner : Provided that where more than one Soil Conservation Officers are posted in a district, the Soil Conservation Officer within whose jurisdiction the bulk of the notified area is situated shall be the member of the District Land Improvement Committee.
- (2) The Deputy Commissioner shall be the Chairman of the District Land Improvement Committee and the Soil Conservation Officer shall be the Secretary thereof.
- (3) Three members shall form the quorum for a meeting of the District Land Improvement Committee.
- (4) All questions before the District Land Improvement Committee shall be decided according to the opinion of the majority of the members present and voting.
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5. In case of equality of votes the Chairman shall have a second or casting vote.
Functions of District Land Improvement Committees Functions of District Land Improvement Committees.-
- (1) A District Land Improvement Committee may direct the preparation of a Land Improvement Scheme for the whole or a part of the notified area within the district, which may provide for all or any of the following matters :-
- (i) prevention of erosion of soil ;
- (ii) preservation and improvement of soil ;
- (iii) reclamation of waste land ;
- (iv) improvement in the methods of cultivation including dry farming practices and extension of cultivation ;
- (v) construction of earth and masonry works in fields, gullies and ravines ;
- (vi) training of streams ;
- (vii) planting and protection of trees and grass on unculturable land to curb erosion or to create windbreaks against wind or sand movement ;
- (viii) regulation or prohibition of firing of vegetation ;
- (ix) improvement of water-supply ;
- (x) farm drainage and other works incidental to, or connected with, any of the aforesaid purposes ;
- (xi) any other matter which may be prescribed.
- (2) On a direction being issued, under sub-section (1), the Soil Conservation Officer shall prepare in the prescribed manner a draft scheme which, amongst other things, shall contain the following particulars :-
- (i) objects of the scheme ;
- (ii) the boundaries and approximate areas of the land to be included in the scheme ;
- (iii) the persons, including the Government, who will be affected by the scheme ;
- (iv) the works to be carried out under the scheme ;
- (v) the agency through which the works shall be carried out ; and
- (vi) such other particulars as may be considered necessary.
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6. Power to enter upon lands to do certain acts
Power to enter upon lands to do certain acts.-The Soil Conservation Officer or any other person authorised in writing by the District Land Improvement Committee or the Soil Conservation Officer may enter upon any land in a notified area for the purpose of survey and preparation of a scheme and do all acts necessary for such purposes and in particular may-
- (a) dig or bore into the sub-soil ; or
- (c) place, erect or fix any peg or mark ; or
- (d) do all other acts necessary for such purpose.
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7. Approval and publication of schemes
Approval and publication of schemes.-
- (1) The Soil Conservation Officer shall prepare a draft scheme as required by sub-section
- (2) of section 5 and shall submit the same to the District Land Improvement Committee, which may either approve the draft scheme with or without modification or reject it and prepare or cause to be prepared another draft scheme.
- (2) After the draft scheme is approved by the District Land Improvement Committee, it shall be published in English and Urdu languages in the Government Gazette and also in the prescribed manner in every village and at the headquarters of the tehsil and district in which the lands included in the scheme are situated, and a copy thereof shall be affixed in the offices of the Panchayat, Block Development Officer and the Deputy Commissioner.
- (3) As soon as the draft scheme is approved, the District Land Improvement Committee shall appoint a person to be an Enquiry Officer.
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8. Objections to schemes
Objections to schemes.-The District Land Improvement Committee shall, simultaneously with the publication of the draft scheme in the Government Gazette, require all persons affected by the scheme to make, within thirty days of such publication, any objections to the scheme or part thereof to the Enquiry Officer either in writing or by appearing personally before him.
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9. Enquiry into objections and report
Enquiry into objections and report.-The Enquiry Officer shall inquire into the objections received by him and submit them to the District Land Improvement Committee together with his report and recommendations thereon
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10. Sanctioning of final scheme
Sanctioning of final scheme.-After considering the objections and the report and recommendations of the Enquiry Officer thereon and any further report which the District Land Improvement Committee may require from him, the District Land Improvement Committee may sanction the scheme, with or without modification, or reject it: Provided that the District Land Improvement Committee shall not sanction the scheme 8 the majority of the owners of the land included in the scheme, other-than the Government, owing in the aggregate more than fifty per centum of the land included in the scheme have objected to the making of the scheme,
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11. Publication of final scheme
Publication of final scheme.-The scheme as sanctioned under section 10 shall be published in the same manner as is provided in sub-section
- (2) of section 7 and on such publication shall be deemed to be final and sh8U came into force from the date of such publication in the Government Gazette.
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11A. Power to carry out schemes at the request of land owners
A. Power to carry out schemes at the request of land owners.-
- (1) Notwithstanding anything contained in section 3, where more than 50% owners of l&d in a particular compact area make a voludtary request to the District Land Emprovement Committee to undertake Land Improvement Scheme in their lands, the District Land Improvement Committee shall direct the Soil Conservation Oficer to prepare a scheme in accordance with subsection
- (2) of section 5. The Soil Conservation Officer shall prepare a draft scheme and submit the same to the Distdct Land Improvement Committee which may either approve the draft scheme with or without modification or reject it and prepare or cause to be prepared another draft scheme.
- (2) After the draft scheme is epprovc4 by the District Land Im-' provement Committee, it shall by an order in writing direct the Soil Conservation Officer under an intimation to the beneficiaries to execute the scheme.
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12. Nothing in sections 7, 8, 9, 10 and 11 shall apply to any such scheme.
Power of District Land Improvement Committee to make regulations Power of District Land Improvement Committee to make regulations.-For the purpose of carrying out a scheme which has come into force under [section 11, or section 11-A] the District Land Improvement Committee may, with the prior approval of the Government, make regulations requiring any person or persons of the public generally to take certain action or to refrain from doing certain acts in respect of any matter included in the scheme or which may be supplementary or incidental to the scheme.
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