Chapter II CHIEF CONTROLLING AUTHORITY, PROJECT AUTHORITY, THEIR POWERS AND DUTIES

The Chief controlling authority, in all matters connected with the rehabilitation of affected persons in a revenue division, shall, subject to the superintendence, direction and control of the State Government, vest in the Commissioner appointed under section 6 of the Code.

Subject to any general or special order of the State Government, it shall be the duty of the Commissioner,-

1. (a) to implement the rehabilitation programme within the framework or the policy of the State Government relating to the rehabilitation of affected persons in his division ;
2. (b) to co-ordinate and supervise the work of rehabilitation of affected persons in his division ;
3. (c) to ensure speedy rehabilitation of affected persons by requiring the Collector or the project authority concerned to undertake the work of rehabilitation simultaneously with the work of the project ; and to report to him periodically the progress made in the matter of rehabilitation of affected persons and by rendering to them such guidance and assistance as the circumstances of the case may require ;
4. (d) to submit periodical reports to the State Government regarding the rehabilitation of affected persons in his division ;
5. (e) to prepare or cause to be prepared annual budget for providing funds for carrying out the rehabilitation of affected persons in his division ;
6. (f) to disburse the grants duly placed at his disposal for rehabilitation of affected persons, to such officers and authorities at such intervals according to their requirements as he may think fit, for carrying out the rehabilitation of affected persons ;
7. (g) to ensure the proper utilization of grants placed at his disposal and carry out test audit ;
8. (h) to perform such other functions as the State Government may, from time to time, by an order in writing, entrust to him.

It shall be the duty of the Collector,-

1. (a) to co-ordinate and supervise the work of rehabilitation of affected persons in his district ;
2. (b) to ensure speedy rehabilitation of affected persons, within the framework of the policy of the State Government relating to the rehabilitation of affected persons by requiring the project authorities and subordinate officers posted to work on the project to attend to the work of rehabilitation as may be assigned to them, from time to time ;
3. (c) to issue a certificate to a person who is nominated by the project affected person for being employed against the quota reserved for the nominees of the affected persons ;
4. (d) to perform such other functions as the State Government or the Commissioner may, from time to time, by an order in writing, entrust to him.

It shall be the duty of the project authority,-

1. (a) to carry out such work for providing the necessary civic amenities in a new gaothan or extension of an existing gaothan as the case may be, established for rehabilitation of affected persons, as may be entrusted to it by the State Government or the Commissioner or the Collector ;
2. (b) to take measures for the speedy rehabilitation of the affected persons under the overall supervision and guidance of the Collector ;
3. (c) subject to any reservations validly made and subject to availability of posts, to give highest priority in Class III and Class IV category of service on the project establishment, to one member of the affected family nominated by the affected person, if such member is eligible for such employment according to the recruitment rules for such posts : Provided that, while recruiting a member of the affected family, against such quota, the project authority shall, as far as possible, employ not less than fifty per cent. of such nominees who are affected by the project under execution, as may be prescribed ; Explanation.- For the purpose of this clause the expression "family" means the spouse, son, married or unmarried daughter or brother or sister or daughter-in-law or grandson, or grand-daughter (which includes son or daughter of the daughter also) of the affected persons, or adopted son or daughter who is residing with and is dependent on such affected person.
4. (d) to prepare or cause to be prepared annual budget for providing funds for the civic amenity works to be provided in a new gaothan or extension of an existing gaothan established for the rehabilitation of affected persons ;
5. (e) to furnish to the Commissioner and to the Collector, during the various stages of planning and execution of the project, information and plans in regard to the affected and benefited zone of the project, as may be required for assessing the extent of the land and other facilities required to be provided to the affected persons for their rehabilitation ;
6. (f) to execute an agreement with the beneficiary to abide by the provisions of section 10 as may be prescribed.

1. (1) The State Government may, by notification in the Official Gazette and subject to such restrictions and conditions, delegate such of the powers conferred and duties imposed on the Commissioner or the Collector or the project authority by or under this Act to such officers of the State Government or local authority as it may deem proper and expedient.
2. (2) The Commissioner or the Collector may, by order in writing, delegate such of the powers conferred and imposed on him by or under this Act,-
   • (a) to such officers not below the rank of Tahsildar ; or
   • (b) to such officers of the State Government or local authority as, with the approval of the Commissioner, may be specified in the order.
3. (3) The project authority may, by order in writing, delegate such of the powers conferred and duties imposed on it by or under this Act to such officers not below the rank of Sub-Divisional Officer, Deputy Engineer, Assistant Engineer, Assistant Conservator of Forests.

For the purposes of this Act, the Collector, the project authority and all other officers and servants appointed under this Act shall be subordinate to the Commissioner.

For the purposes of assisting it in speedy rehabilitation of affected persons, the State Government may, from time to time, constitute one or more committees for advising the State Government or any officer connected with the scheme of rehabilitation of the affected persons on such matters as may be referred to it by them. The composition of such committee, the regulation of its business, the allowances or fees, if any, to be paid to its members and all matters incidental thereto shall be such as the State Government may, from time to time, by general or special order, determine.