Chapter II PREPARATION OF SCHEMES

Whenever in the opinion of the State Government it is expedient in the interest of the public to provide for the conservation of sub-soil water or the prevention or mitigation of erosion of lands in any area they may direct the preparation of a scheme by the Collector in respect of such area.

The scheme under section 3 may provide for all or any of the following matters, namely:—

1. (i) prevention of erosion of soil;
2. (ii) preservation and improvement of soil;
3. (iii) construction of earth and masonry works in fields, gullies and ravines;
4. (iv) training of streams;
5. (v) prohibition or control of grazing or reservation of land for pasture: Provided that no such prohibition or control shall be imposed at any time in respect of more than fifty percentum of the pasture lands within the area under the scheme;
6. (vi) planting and preservation of trees, shrubs and grasses for afforesting uncultivable land or providing shelter-belts against wind or sand or for any other purpose;
7. (vii) improvement of water-supply; and
8. (viii) any other matter which may be prescribed.

On a direction being issued under section 3 the Collector shall, in accordance with the instructions, if any, issued by the State Government in that behalf, prepare a draft scheme containing the following particulars, namely:—

1. (i) objects of the scheme;
2. (ii) approximate area and boundaries of the lands to be included in the scheme together with a plan of such area;
3. (iii) names of persons, including the Government who will be affected by the scheme;
4. (iv) the work or kind of work to be carried out under the scheme and its estimated cost; and
5. (v) such other particulars as may be prescribed.

1. (1) The draft scheme prepared under section 5 shall be notified by the Collector in the Official Gazette and simultaneously published in such other manner as may be prescribed, inviting objections in writing from all persons likely to be affected by the scheme to be submitted to the Collector within sixty days of the said notification.
2. (2) The Collector shall consider all such objections, as may have been received under sub-section (1), make such enquiries as he deems fit and submit his report together with the objections received to the Committee recommending modifications, if any, which in his opinion are required in any of the particulars contained in the draft scheme so prepared.
3. (3) The Committee shall, after considering the objections and the report made by the Collector, submit its report together with the objections and the report of the Collector to the State Government recommending modifications, if any, which in its opinion are required in any of the particulars contained in such draft scheme.

1. (1) The State Government may, after considering the report under section 6 and any further reports that they deem fit to call for, sanction the scheme with or without modifications, or reject it and direct that in lieu thereof a fresh draft scheme be prepared and submitted for their sanction under this sub-section.
2. (2) The scheme as sanctioned under sub-section
3. (1) shall be published in the Official Gazette and also in such other manner in the area to which the scheme relates as in the opinion of the State Government is best suited to the circumstances.

The scheme shall come into force on the date on which it is published in the Official Gazette under sub-section

1. (2) of section 7.

Without prejudice to the generality of the powers under sections 3 to 8, the State Government may from time to time, whenever in the public interest they deem it expedient so to do—

1. (a) notify any area where the system of podu cultivation is prevalent and cause demarcation, survey and division into separate blocks of such lands within the area as are in their opinion amenable to such cultivation; or
2. (b) notify all communal pasture or forest lands in any area and cause demarcation and survey of such of the lands as are in their opinion denuded of pasture or of forest growth.

1. (1) Where action has been taken under clause
   • (a) of section 9 the Collector shall with a view to diminish the wasting effects of the system of podu cultivation on the soil and the gradual abolition of the system prepare a draft scheme providing for the control of such cultivation by rotational closure of the blocks or by otherwise regulating, restricting or prohibiting the same within the area: Provided that no person having a right to cultivate any land shall be prohibited from adopting the system of podu cultivation therein, unless in lieu thereof other lands of similar productivity are allotted to him by the Collector in the prescribed manner.
2. (2) Where action has been taken under clause
   • (b) of section 9 the Collector shall with a view to the development and maintenance of pasture lands and forest growth in the area prepare a draft scheme providing for the execution of such works as may be in his opinion necessary and for the said purpose for closing from time to time such portions of the communal lands to grazing and exercise of other rights, as the Collector may consider best suited to the circumstances obtaining in the area.

On the preparation of a draft scheme under section 10 the provisions of section 6, section 7 and section 8 shall, mutatis mutandis, apply.

Every scheme on coming into force under section 8 or section 11 shall be final and binding on all concerned and shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, custom, practice or usage.