Power of State Government to direct preparation of scheme in certain circumstances.

§25

Summary

1[25. Power of State Government to direct preparation of scheme in certain circumstances.- (1) Notwithstanding anything contained in this Act, the State Government may direct the preparation of a scheme providing for any of the matter specified in sub-section (1) of section 4 in any area in the following cases, namely :- (i) where the State Government 2[, the Company] or any trust contributes not less than 25 per cent. of the cost of the scheme ; (ii) if any person or authority is willing to contribute not less than 25 per cent. of the estimated cost of the scheme ; 3* * * * * * * * (iv) if in the opinion of the State Government land improvement is necessary in the interest of any persons who are members of the armed forces of the union or who were such members and have retired or the dependents of such persons ; (v) if in the opinion of the State Government the scheme is necessary in the interest of the public. (2) Along with such direction or any time thereafter, the State Government may authorise the Board to appoint an officer to prepare, in accordance with such instructions as the board may issue, a draft scheme containing the particulars specified in sub-section (2) of section 4. The officer so appointed shall prepare a draft scheme accordingly and submit it to the Board for approval. (3) After the scheme is submitted to the Board for approval under sub-section (2), the provisions of section 5 and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme. (4) Notwithstanding anything contained in sub-section (3), the owner of the land in which any work has been carried out for the purposes of a scheme under this section be liable, pending the preparation of the statement under section 13 4[or 13-A] to maintain the work to the satisfaction of the 5[District Superintendent Agriculture Officer] 6[or Company Officer] and repair it to his satisfaction within such time as he may fix. The provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this sub-section.]

1[25. Power of State Government to direct preparation of scheme in certain circumstances.- (1) Notwithstanding anything contained in this Act, the State Government may direct the preparation of a scheme providing for any of the matter specified in sub-section (1) of section 4 in any area in the following cases, namely :- (i) where the State Government 2[, the Company] or any trust contributes not less than 25 per cent. of the cost of the scheme ; (ii) if any person or authority is willing to contribute not less than 25 per cent. of the estimated cost of the scheme ; 3* * * * * * * * (iv) if in the opinion of the State Government land improvement is necessary in the interest of any persons who are members of the armed forces of the union or who were such members and have retired or the dependents of such persons ; (v) if in the opinion of the State Government the scheme is necessary in the interest of the public. (2) Along with such direction or any time thereafter, the State Government may authorise the Board to appoint an officer to prepare, in accordance with such instructions as the board may issue, a draft scheme containing the particulars specified in sub-section (2) of section 4. The officer so appointed shall prepare a draft scheme accordingly and submit it to the Board for approval. (3) After the scheme is submitted to the Board for approval under sub-section (2), the provisions of section 5 and the sections following the said section and the rules made under section 24 shall, so far as they can be made applicable, apply in respect of such scheme. (4) Notwithstanding anything contained in sub-section (3), the owner of the land in which any work has been carried out for the purposes of a scheme under this section be liable, pending the preparation of the statement under section 13 4[or 13-A] to maintain the work to the satisfaction of the 5[District Superintendent Agriculture Officer] 6[or Company Officer] and repair it to his satisfaction within such time as he may fix. The provisions of sub-section (2) of section 14 shall apply in respect of the owner's liability under this sub-section.]

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