section 43
Preparation of draft schemes for supply of water from irrigation work
The Jammu and Kashmir Irrigation Act, 1978(1) Where in the opinion of the Government an irrigation work is likely to irrigate lands not exceeding 100 hectares in an area or as may be prescribed the Government may, in the public interest, by notification prepare a draft scheme for supply of water from such irrigation work to such lands. The draft scheme shall provide for handing over the management of the irrigation work and distribution of water therefrom to the Water Committee appointed under section 45. (2) The draft scheme shall contain the following particulars, that is to say:— (a) the area to which the scheme applied; (b) the survey numbers of lands included in such area and the names of owners and occupiers thereof; (c) the period or periods during which water will be supplied to such lands; (d) the crop or crops which will be permitted to be grown thereon; (e) the water rate at which water may be supplied to such land included in the scheme; (f) the amount to be paid by the Government for the management of the irrigation work to the Water Committee; and (g) fixing a period of not less than three months from the date of publication of such notification, submission of objections or suggestions to such scheme. (3) After the publication of such notification, it shall also be published by the Canal Officer duly empowered in this behalf as soon as practicable in the language of the residents of the area through which the irrigation work passes in such place or places and in such manner as he thinks fit for the information of the owners and occupiers who arc likely to be affected by such notifications. (4) After considering such objections and suggestions, if any, as may have been received within the period fixed as aforesaid, the Government may, after making due inquiries sanction the draft scheme with or without any modification or may reject it. (5) The scheme as sanctioned under sub-section (4) shall be published in the village, the Panchayat concerned and at the headquarters of the tehsil and of the district in which the lands included in the scheme are situated, in such manner as the Government deems fit and shall on such publication be final.
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