Chapter II NOTIFICATION OF AREAS, CONSTITUTION OF DISTRICT LAND

Whenever it appears to the State Government that in any area comprising the whole or part of a district it is necessary to provide for the making and execution of land improvement schemes including schemes for soil conservation, improvement of soil resources, prevention or mitigation of soil erosion, protection of land against damage by floods or draught, farm drainage or other works incidental to, or connected with; such purposes, the State Government may, by notification declare such area to be a notified area for the purposes of this Act.

(1) A District Land Improvement Committee may direct the preparation of a land improvement scheme for the whole or a part of the notified area within the district, which may provide for all or any of the following matters : - (i) Prevention of erosion of soil; (ii) Preservation and improvement of soil; (iii) Reclamation of waste land; (iv) Improvement in the methods of cultivation including dry farming practices and extension of cultivation; (v) Construction of earth and masonry works in fields, gullies and ravines; (vi) Training of streams; (vii) Planting and preservation of trees, shrubs and grass on uncultivable land or providing shelter-belts against wind or sand movement; (viii) Regulation of prohibition of firing of vegetation; (ix) Improvement of water-supply; (x) Farm drainage and other works incidental to, or connected with, any of the aforesaid purposes; (xi) any other matter which may be prescribed. (2) On a direction being issued under sub-section (1), the Soil Conservation Officer shall prepare in the prescribed manner a draft scheme which amongst other things, shall contain the following particulars-- (i) objects of the scheme; (ii) the boundaries and approximate areas of the land to be included in the scheme; (iii) the persons, including the Government, who will be affected by the scheme; (iv) the works to be carried out under the scheme; (v) the agency through which the works shall be carried out; and (vi) such other particulars as may be considered necessary.

The Soil Conservation Officer or any other person authorised in writing by the District Land Improvement Committee or the Soil Conservation Officer may enter upon any land in a notified area for the purpose of survey and preparation of a scheme and do all acts necessary for such purpose and in particular, may- (a) dig or bore into the sub-soil; or (b) take levels and mark boundaries; or (c) place, erect or fix any peg or mark; or (d) do all other acts necessary for such purpose.

The District Land Improvement Committee shall simultaneously with the publication of the draft scheme in the Official Gazette require all persons affected by the scheme to make, within thirty days of such publication any objections to the scheme or part thereof to the Enquiry Officer either in writing or by appearing personally before him.

The Enquiry Officer shall inquire into the objections received by him and submit them to the District Land Improvement Committee together with his report and recommendations thereon.

After considering the objections and the report and recommendations of the Enquiry Officer thereon and any further report which the District Land Improvement Committee may require from him, the District Land Improvement Committee may sanction the scheme, with or without modification or reject it: Provided that the District Land Improvement Committee shall not sanction the scheme if the majority of the owners of the land included in the scheme, other than the Government, or the owners, other than the Government, owning in the aggregate more than fifty per centum of the land included in the scheme have objected to the making of the scheme.

The scheme as sanctioned under section 10 shall be published in the same manner as is provided in sub-section (2) of section 7 and on such publication shall be deemed to be final and shall come into force from the date of such publication in the Official Gazette.

For the purpose of carrying out a scheme which has come into force under section 11, the District Land Improvement Committee may, with the prior approval of the State Government, make regulations requiring any person or persons or the public generally to take certain action or to refrain from doing certain acts in respect of any matter included in the scheme or which may be supplementary or incidental to the scheme.