Preparation of draft scheme in culturable commanded area.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010

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Statutory text

(1) The Executive Engineer concerned may, on his own motion or on the application of not less than fifty percent of the owners or occupiers of land 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 the particulars of the owners or occupiers to be benefited by the such scheme.
(3) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be specified inviting objections and suggestions with respect thereof within thirty days of the publication.
(4) After consideration of such objections, and suggestions, if any, the Executive Engineer 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 Superintending Engineer may at any time, or on an application made by any person aggrieved by the scheme approved under sub-section (4) within a period of thirty days from the date of publication of the scheme, revise or annul the scheme so approved : Provided that such revision or annulment shall not be made without affording the person affected an opportunity of being heard.
(6) If the draft scheme is not approved by the Executive Engineer after its publication under sub-section (3) or if such scheme is annulled by the Superintending Engineer under sub-section (5), any owner or occupier or beneficiary aggrieved by such order of the Executive Engineer or the Superintending Engineer, as the case may be, may prefer an appeal, within thirty days of the passing of the order aggrieved against, to the prescribed authority whose decision thereon shall be final.
(7) After a scheme has been approved by the Executive Engineer under sub-section (4), or where an appeal has been preferred under sub-section (6) after it has been disposed of, the scheme shall be published in such manner as may be specified 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 Executive Engineer.
(8) In the event of failure of any or all of the said owners or occupiers or beneficiaries to execute the works within the said period of time specified by the Executive Engineer, or in the event of any or all of the owners or occupiers or beneficiaries informing in writing the said Executive Engineer prior to the expiry of the said period of time, that they are unable to execute or get executed the works as required, the works may be carried out by the Executive Engineer and the cost of the works so executed shall be recoverable by the Executive Engineer from the owners or occupiers or beneficiaries who fail, or indicate their inability, to execute or get executed the works as required.
(9) The share of the individual owners or occupiers or beneficiaries of the cost of works executed in the said group or block of fields by the Executive Engineer shall be such as determined by the Executive Engineer.

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