section 33
Preparation of draft scheme in culturable commanded area
The Jammu and Kashmir Irrigation Act, 1978(1) Notwithstanding anything contained to the contrary in this Act and subject to the rules, that may be made by the Government in this behalf, an officer designated by the Government in this behalf may, on his own motion or on the application of not less than fifty per cent of the owners or occupiers of lands in the culturable commanded area, prepare a draft scheme to provide for on-farm development on a group or block of fields. (2) Every scheme prepared under sub-section (1) shall among other matters, set out the cost of the on-farm development works, a sketch plan of the area proposed to be covered by the said scheme, and particulars of the owners or occupiers to be benefited by the said scheme. (3) Every scheme shall, as soon as may be after its preparation be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within thirty days of the publication. (4) After consideration of such objections, and suggestions, if any, the said officer shall approve the scheme either as it was originally published or in such modified form as he may consider fit and publish the same. (5) The officer designated by the Government in this behalf may, at any time, or on an application by any person aggrieved by the approved scheme made within a period of thirty days from the date of publication of the particulars of the scheme under sub-section (4), revise the scheme approved by the said officer: Provided that such revision shall not be made without affording the person affected an opportunity of being heard. (6) An owner or occupier or beneficiary aggrieved by the order of the said officer in respect of a scheme, which has not been approved, may prefer an appeal, within thirty days of the passing of the order to such officer designated by the Government in this behalf whose decision shall be final. (7) After a scheme has been approved by the said officer under sub-section (4) or where an appeal is pending before an officer under sub-section (6) after it has been disposed of by him the scheme shall be published in such manner as may be prescribed and upon such publication, it shall be executed or got executed by the owners or occupiers or beneficiaries in the group or block of fields at their cost, within such period of time as may be specified by the said officer. (8) In the event of the failure of any or all of the said owners or occupiers or beneficiaries to execute the works with the said period of time specified by the said officer or in the event of any or all of the owners or occupiers or beneficiaries informing in writing the said office prior to the expiry of the said period of time that they are unable to execute or got executed the works as required, the works may be carried out by the Government, or by any agency determined by the Government in that behalf, and the cost of the works so executed by the Government or by the said agency, as the case may be, shall be recoverable by the Government or the said agency, as the case may be from the owners or occupiers or beneficiaries who fail, or indicate their inability, to execute or got executed the works as required. (9) The share of the individual owners or occupiers or beneficiaries of the cost of the works executed in the said group or block of fields by the Government or by the said agency, as the case may be, shall be as determined by the Government or by the said agency, as the case may be.
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