Chapter IV MAINTENANCE, REPAIR AND USE OF WORKS CARRIED OUT UNDER THE SCHEME

1[13. Statement.- (1) 2[In the case of any work under the scheme, wholly carried out before the commencement of the Bombay Land Improvement Schemes (Extension and Amendment) Act, 1958 (Bom. XXX of 1958), the Executing Officer] shall prepare a statement giving for any specified area the following particulars-

1. (a) (i) the work done ;
   • (ii) the cost thereof ;
   • (iii) the total amount to be recovered from the owners 3[including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto] ;
   • (iv) the general rate per acre or per rupee of assessment per annum at which such amount is to be recovered from the owners ;
   • (v) the period within which such amount is to be recovered ; 4[(vi) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such person or persons ;]
2. (b) if in the case of any survey number or sub-division of a survey number the owner is not liable to maintain at repair work therein, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner of such survey numbers or sub-divisions ;
3. (c) a map showing the work carried out in the village ;
4. (d) such other matters as may be prescribed.

1. (2) When the statement is prepared under this section any rights and liabilities shown therein shall be entered in the record of rights 5[or where there is no record of rights, in the prescribed village record] and in the village accounts in such manner as the 6[State] Government may prescribe and shall thereupon form part of such record of rights 7[or as the case may be, of such village record and of the village accounts].

1[13-A. Executing Officer to prepare recovery statements and entries to be made in Record of Rights, etc.- (1) Save as otherwise provided in section 13, the Executing Officer shall, on the completion of part of any work to be carried out, under a scheme, prepare an interim statement specifying therein-

1. (i) the part of the work carried out ;
2. (ii) the cost of such part calculated on the basis of the works cost as recorded in the works register maintained by the Executing Officer ;
3. (iii) the interim amount to be recovered from the owners in respect of the work so carried out 2[including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto ;]
4. (iv) the period within which such amount is to be recovered ;
5. (v) the general rate per acre or per rupee of assessment per annum at which such amount is to be recovered from the owners ;
6. (vi) if in the case of any survey numbers of sub-divisions of survey numbers the amount to be recovered under clause (iii) is to be recovered at a rate other than the general rate, such rate ;
7. (vii) the names of the persons from whom such amount is recoverable ;
8. (viii) such other particulars as may be prescribed.

1. (2) After the whole of the work under such scheme is carried out the Executing Officer shall prepare-
   • (a) the final statement specifying therein-
     • (i) the work carried out ;
     • (ii) the total cost of the whole work ;
     • (iii) the balance after deducting from the total cost the interim amount set out in the interim statement 3[including the rate of interest and the amount to be recovered at such rate and any matter incidental thereto ;]
     • (iv) in relation to such balance, the balance amount to be recovered from the owners as cost or part cost ;
     • (v) the period within which such amount is to be recovered ;
     • (vi) the names of persons from whom such amount is recoverable ;
     • (vii) the general rate per acre or per rupee of assessment, per annum at which the amount specified under clause (iv) should be recovered ;
     • (viii) if in the case of any survey number or sub-division of a survey number the amount recoverable from the owner thereof is to be recovered at a rate other than the general rate, such rate and a list of all such survey numbers or sub-divisions ;
     • (ix) the work which, in his opinion, shall be maintained and repaired individually or jointly and the names of such persons ;
     • (x) such other particulars as may be prescribed ;
   • (b) a map showing the work carried out in the village.
2. (3) The rights and liabilities shown in the interim statement and the final statement shall be entered in the record of rights or where there is no record of rights in the prescribed village record and in the village accounts in such manner as the State Government may prescribe and shall thereupon form part of such record of rights or as the case may be the village record and of the village accounts.]

1[14. Obligation of persons to maintain and repair works.- (1) Every person shown in the statement prepared under section 2[or 13-A] as liable to maintain and repair work shall, to the satisfaction of 3[the District Superintendent Agricultural Officer] 4[or the Company Officer] and within such time as the said officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement.

1. (2) If such person fails to maintain or repair the work within the time fixed by 5[the Divisional Soil Conservation Officer] 6[or the Company Officer] under sub-section (1), 7[the Divisional Soil Conservation Officer] 8[or the Company Officer] shall himself get the work maintained or repaired and the cost of so doing shall be recovered from the person. 9[(3) If 10[the Divisional Soil Conservation Officer] 11[or the Company Officer] is of opinion that an emergency has arisen and that the immediate repair of any work referred to in sub-section (1) is necessary in the general interest, he shall carry out such repair and the cost of such repair shall be paid by the owner of the land on which the repair has been carried out.
2. (4) 12[The Divisional Soil Conservation Officer] 13[or the Company Officer] shall, as soon as practicable, make report to the 14[State] Government 15[or Company] regarding such repair.]