Chapter V Chapter V

The Land Improvement Board in respect of a scheme sanctioned by it or by the Government and the Soil Conservation Board in respect of a scheme prepared by it shall, when the scheme wmes into force, appoint an of161cer called the Executing Officer to execute the scheme.

(1) (a) The Land Improvement Board in respect of such works under a scheme sanctioned by it or by the Government as the Land Improvement Board may, by general or special order, specify, and the District Committee in respect of other works under such scheme and the Soil Conservation Board in respect of works under a scheme prepared by it, shall, by notice given in the prescribed form, inform the owner of any land in which such works have to be carried out the details of such works and the date before which the owner of the land shall carry them out: Provided that the Land Improvement Board, the Soil Conservation Board or the District Committee, as the case may be, may wherever necessary, direct that any work to be carried out by the owner of the land shall be carried out by the Executing Officer himself and that the cost or part of the cost of such work shall be recovered from the owner of the land. (b) A copy of the notice referred to in clause (a) shall be served in the prescribed manner on such other person or persons as may, in the opinion of the Land Improvement Board or the District Committee or the Soil Conservation Board, as the case may be, be benefited in consequence of any work to be carried out and thereby become liable to pay such amount as may be determined under sub-section (1) of section 23. (2) If any work is not carried out to the satisfaction of the Executing Officer before the date fixed in that behalf or if the owner intimates to the Executing Officer in writing that he is unable to carry out any work before that date, the Executing Officer may cause the work to be carried out and recover the cost of the work from the owner. (3) Any amount payable under the proviso to clause (a) of sub-section (1) or under sub-section (2) shall, at the option of the person liable to pay it, be paid either in a lumpsum or with interest at such rate as may be prescribed, in equated, annual instalments not exceeding twenty in number: Provided that where a person who elects to pay in instalments, commits default in the payment of any instalment, the entire unpaid balance shall become immediately payable. (4) In any land owned by the Government, all works shall be carried out by, or under the authority of, the department having the control or management of the land, unless the Soil Conservation Board or the Land Improvement Board, as the case may be, directs the Executing Officer to carry out the works himself.

(1) If, in consequence of any work carried out under the scheme, any person (including the Government) other than the owner of the land in which the work is done, is likely to be benefited, such person shall pay to the owner of the land if the work is carried out by him or to the Government if the work is carried out by or under the authority of any department of the Government or by the Executing Officer, such amount and within such time as the Board of Revenue may determine: Provided that, before any person is required to pay any such amount, he shall be given a reasonable opportunity of making his representations, if any, in regard to the matter: Provided further that the payment of any such amount may be waived by the Government in whole or in part in respect of any work carried out in land owned by them: Provided also that the Board of Revenue may, in its discretion, permit any such amount to be paid with interest at such rate as it may determine in equated annual instalments not exceeding twenty in number. (2) Any amount paid to the Government under sub-section (1) shall be credited towards the amount, if any, due to the Government under the proviso to clause (a) of sub-section (1) or under sub-section (2) of section 22. (3) If default is made in the payment of any amount under sub-section (1) or of any instalment thereof, as the case may be, within the time determined in that behalf in pursuance of that sub-section, the amount or where payment is made in instalments the entire unpaid balance (which shall be deemed to have become immediately payable on the occurrence of the default) shall be recovered by the Board of Revenue and paid to the owner or, as the case may be, the Government.

(1) Notwithstanding anything contained in this Act, the Government may, in the case of any scheme which has come into force under sub-section (2) of section 20, direct, by notification, that any work under the scheme to be carried out by the owners of the lands shall be carried out by the Government and that the cost of such work shall be recovered in whole or in part from the owners of the lands included in the scheme in such proportion as the Government may fix having regard to the area or assessment, or both, of the lands included in the scheme. (2) The cost directed to be recovered under sub-section (1) together with interest at such rate as the Government may determine shall be recoverable from the owners concerned in such number of equated annual instalments payable on the date appointed for the payment of the first instalment of land revenue, as may be prescribed: Provided that where a person commits default in the payment of any instalment, the entire unpaid balance shall become immediately payable.

(1) The Executing Officer shall, on completion of the work in any specified area or part thereof prepare a statement for any such area or part giving the following particulars :- (a) (i) the work done; (ii) the cost thereof; (iii) the total amount to be recovered from the owners; (iv) the names of the owners of the lands included in the scheme; (v) the general rate per acre or per rupee of assessment per annum at which such cost is to be recovered from the owners; (vi) the period within which such cost is to be recovered; (vii) the work which in his opinion shall be maintained or repaired individually or jointly and the name of every such person; (viii) the follow up of soil conservation practices that are to be undertaken in the field by the owners or any of them; (ix) the rights, if any, of the owners or any of them in regard to the use of such work; (b) in the case of any survey number or sub-division of any survey number- (i) if the owner is not liable to maintain or repair the works therein, a list of such survey numbers or sub-divisions; (ii) if the cost is to be recovered from an owner at a rate other than the general rate referred to in item (v) of clause (a), a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner or owners of such survey numbers or sub-divisions; (c) a map and plan, if any, showing the situation, extent and nature of all works; (d) such other matters as may be prescribed. (2) When a statement is prepared under this section, any rights and liabilities shown therein shall be entered in the record of rights or where there is no record of rights, in such village record in such manner as may be prescribed and shall thereupon form part of such record of rights or such village record.

(1) Every person shown in the statement prepared under section 25 as liable to maintain or repair any work shall to the satisfaction of the Collector and within such time as the Collector may fix, maintain or 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 and shall undertake such follow up soil conservation practices as may be prescribed. (2) If any person fails to maintain or repair the work within the time fixed by the Collector under sub-section (1), the Collector shall himself arrange for the maintenance or repair of the work and recover the cost thereof from such person. (3) Any dispute as to the amount to be recovered under sub-section (2) shall be decided by the Collector. (2) If any person fails to maintain or repair the work within the time fixed by the Collector under sub-section (1), the Collector shall himself arrange for the maintenance or repair of the work and recover the cost thereof from such person. (3) Any dispute as to the amount to be recovered under sub-section (2) shall be decided by the Collector.

No person shall leave any land to lie fallow continuously for more than two years if in respect of such land any work under a scheme has been carried out.