Chapter III EXECUTION OF SCHEMES AND MAINTENANCE AND REPAIR OF WORKS

When a scheme comes into force in accordance with the provisions of the foregoing chapter the Collector shall execute the scheme and the works to be carried out thereunder.

For the purpose of carrying out the objects of any scheme the Collector may, subject to the control and directions of the State Government, make regulations, published in the prescribed manner requiring any person or persons or the public generally to do or refrain from doing any acts in respect of any matter necessary, supplementary or incidental to the scheme.

1. (1) The Collector or any person authorised by him in writing in that behalf may, for the purpose of preparing, sanctioning or executing any scheme or repairing or maintaining any works under any scheme, after giving such reasonable notice as may be prescribed to the owner, occupier or any person interested in any land, enter upon, survey and mark out such land and do all acts necessary for such purpose.
2. (2) The Collector and every person authorised by him under sub-section
3. (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

1. (1) Reasonable compensation in respect of any loss, damage or injury caused to the property of any person in carrying out any operations under this Chapter shall, on a claim being made in that behalf in the prescribed manner, be paid to the person-
   • (a) where an agreement has been entered into with the person concerned, in accordance with such agreement; and
   • (b) where no such agreement is possible, by the Collector as may be assessed by him in that behalf.
2. (2) No claim for compensation shall be entertained by the Collector under sub-section
3. (1) unless it is made within ninety days from the date notified by the Collector in that behalf in the prescribed manner inviting such claims.
4. (3) Any person aggrieved by an order of the Collector under clause
   • (b) of sub-section
5. (1) may before the expiry of sixty days from the date of the order appeal to such authority and in such manner as may be prescribed and the orders passed in such appeal shall subject to the provisions of sub-section
6. (4) be final.
7. (4) The High Court may, on any question of law raised in an application for revision by any person aggrieved by an order passed under sub-section
8. (3) filed within sixty days from the date of the said order, revise the same and confirm, reverse or modify the said order according as the Court thinks proper.

1. (1) On the execution of any scheme under this Act the State Government shall, having regard to-
   • (a) the amount of costs incurred in the execution of such scheme;
   • (b) the nature and scope of the scheme;
   • (c) the economic conditions of the beneficiaries; and
   • (d) any other factor as the State Government may consider relevant in that behalf, by notified order giving reasons therefor, specify whether or not the whole or any part of the aforesaid costs may be recovered from the beneficiaries or any section thereof and the amount, if any, that may be so recovered and thereupon the Collector shall recover the said amount from such beneficiaries in such proportion and in such instalments as he may, by order, determine: Provided that the Collector in apportioning the costs amongst such beneficiaries shall have regard to the extent of the benefits conferred by the scheme.
2. (2) Any person aggrieved by an order passed by the collector under sub-section
3. (1) may, before the expiry of thirty days from the date of such order, appeal to the State Government in the prescribed manner and the orders of the State Government passed in such appeal shall be final.

1. (1) Every beneficiary in respect of any scheme executed in accordance with the provisions of this Act, or any scheme providing for any matter specified in section 4 or section 10 and commenced or executed prior to the date of commencement of this Act and declared by the State Government in the Official Gazette to be a scheme in force for purposes of this Act, shall be liable to maintain and repair to the satisfaction of the Collector any work carried out under any such scheme in his own land or in any other land in respect of which he is shown as liable so to do in the statement, if any, prepared under section 19: Provided that no such declaration shall be made by the State Government without obtaining the report and recommendations, if any, of the Committee constituted in respect of any scheme commenced or executed prior to the date of commencement of this Act and without considering the report and recommendations so obtained.
2. (2) If such person fails to maintain or repair the work within the time that may be fixed by the Collector in that behalf under sub-section
3. (1) the Collector shall himself get the work repaired and maintained and the expenses incurred on that account shall be recovered from such person.
4. (3) Any dispute as to the amount of the expenses to be recovered under sub-section
5. (2) shall be decided by the Collector and subject to the decision in appeal, if any, before the State Government in accordance with the rules made in that behalf, the decision of the Collector shall be final.

1. (1) For purposes of section 18 the Collector shall prepare a draft statement giving for any specified area the following particulars, namely: -
   • (a) the work done;
   • (b) a map showing the work done;
   • (c) the cost of such work;
   • (d) the persons who in the opinion of the Collector are liable jointly or severally to maintain and repair any such work; and
   • (e) such other matters as may be prescribed.
2. (2) The draft statement prepared under sub-section
3. (1) shall be published in the prescribed manner inviting objections from the persons affected to be submitted to the Collector within thirty days from the date of such publication.
4. (3) The Collector shall consider all such objections as are received under sub-section
5. (2) and after holding such enquiry as he deems fit and giving the persons filing such objections an opportunity of being heard, by order confirm the statement with such alterations or modifications, if any, as he deems fit and proper.
6. (4) Any person aggrieved by an order under sub-section
7. (3) in respect of any entry in the statement may, before the expiry of thirty days from the date of such order, appeal to the State Government in the manner prescribed and the orders of the State Government passed in such appeal shall be final.
8. (5) The statement prepared in accordance with the foregoing sub-sections may, on the application of any person interested, be revised by the Collector by an order made by him in that behalf in the prescribed manner on the ground of any change in the beneficiaries shown in such statement and all such orders shall have effect subject to the decision in an appeal, if any, so far as may be in accordance with sub-section (4).

1. (1) Notwithstanding anything contained in section 13 the State Government may, whenever they deem it fit so to do, entrust the maintenance or repair of any work carried out under any scheme which has come into force under section 11 or under any scheme providing for any matter specified in section 10 in respect of which a declaration has been made by the State Government under section 18, to the Grama Sasan having jurisdiction over the area to which the scheme relates.
2. (2) Where the maintenance or repair of any work is entrusted to the Grama Sasan the expenses incurred in that behalf by such Grama Sasan shall be recovered by it from the person or persons who are liable for such maintenance or repair in accordance with the statement prepared by the Collector under section 19.
3. (3) Any dispute as to the amount of the expenses to be recovered under sub-section
4. (2) shall be decided by the Grama Panchayat of the concerned Grama Sasan, and subject to the decision in appeal, if any, before the Collector in accordance with the rules made in that behalf, the decision of the Gram Panchayat shall be final.