Final Schemes

Contents of preliminary and final scheme

§23

Summary

(1) In a preliminary scheme, the Land Pooling Officer shall,- (i) after giving notice in the prescribed manner and in the prescribed form to the ' persons affected by the scheme, define and demarcate the areas allotted to, or earmarked for, any public purpose, or for a purpose of the appropriate authority and the final plots; (ii) after giving notice as aforesaid, determine in a case in which a final plot is to e allotted to persons in ownership in common, the shares of such person-, (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with provisions of section 45; (iv) determine the period within which the works provided in the scheme shall be completed by the appropriate authority. (2) The Land Pooling Officer shall submit the preliminary scheme so prepared to the State Government for sanction. (3) As soon as the State Government sanction the preliminary scheme, the Land Pooling Officer shall thereafter prepare and submit to the State Government the scheme in accordance with the provisions of sub-section (4). (4) In the final scheme, the Land Pooling Officer shall,- (i) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the clause (vi) of sub-section (1) of section 41; (ii) determine whether the areas used, allotted or earmarked for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme; (iii) estimate the portion of the sums payable as compensation on each plot used, ' allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme; (iv) calculate the contribution to be levied under sub-section (1) of section 43, on each plot used, allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public; (v) determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes; (vi) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 42; (vii) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 43; (viii) calculate the contribution to be levied on each plot included in the final scheme; (ix) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of section 43; (x) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the land pooling scheme in accordance with the provisions of section 46. (5) The Land Pooling Officer shall draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme: Provided that the Land Pooling Officer may make modification in the draft scheme, but no such modification, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the appropriate authority and any owners who may raise objections. Explanation. - (i) For the purpose of this proviso "modification of a substantial nature" means a modification which is estimated by the Land Pooling Officer to involve an increase of ten percent in the costs of the scheme as is described in section 41 or on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Land Pooling Officer. (ii) If there is any difference of opinion between the Land Pooling Officer and the appropriate authority as to whether a modification made by the Land Pooling Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision shall be final.

(1) In a preliminary scheme, the Land Pooling Officer shall,- (i) after giving notice in the prescribed manner and in the prescribed form to the ' persons affected by the scheme, define and demarcate the areas allotted to, or earmarked for, any public purpose, or for a purpose of the appropriate authority and the final plots; (ii) after giving notice as aforesaid, determine in a case in which a final plot is to e allotted to persons in ownership in common, the shares of such person-, (iii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the transfer of any right in an original plot in accordance with provisions of section 45; (iv) determine the period within which the works provided in the scheme shall be completed by the appropriate authority. (2) The Land Pooling Officer shall submit the preliminary scheme so prepared to the State Government for sanction. (3) As soon as the State Government sanction the preliminary scheme, the Land Pooling Officer shall thereafter prepare and submit to the State Government the scheme in accordance with the provisions of sub-section (4). (4) In the final scheme, the Land Pooling Officer shall,- (i) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the scheme in accordance with the clause (vi) of sub-section (1) of section 41; (ii) determine whether the areas used, allotted or earmarked for a public purpose or purposes of the appropriate authority are beneficial wholly or partly to the owners or residents within the area of the scheme; (iii) estimate the portion of the sums payable as compensation on each plot used, ' allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme; (iv) calculate the contribution to be levied under sub-section (1) of section 43, on each plot used, allotted or earmarked for a public purpose or for the purpose of the appropriate authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public; (v) determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes; (vi) estimate the increment to accrue in respect of each plot included in the scheme in accordance with the provisions of section 42; (vii) calculate the proportion of the contribution to be levied on each plot in the final scheme to the increment estimated to accrue in respect of such plot under sub-section (1) of section 43; (viii) calculate the contribution to be levied on each plot included in the final scheme; (ix) determine the amount to be deducted from, or added to, as the case may be, the contribution leviable from a person in accordance with the provisions of section 43; (x) estimate with reference to claims made before him, after notice has been given by him in the prescribed manner and in the prescribed form, the compensation to be paid to the owner of any property or right injuriously affected by the making of the land pooling scheme in accordance with the provisions of section 46. (5) The Land Pooling Officer shall draw in the prescribed form the preliminary and the final scheme in accordance with the draft scheme: Provided that the Land Pooling Officer may make modification in the draft scheme, but no such modification, if it is of a substantial nature, shall be made except with the previous sanction of the State Government, and except after hearing the appropriate authority and any owners who may raise objections. Explanation. - (i) For the purpose of this proviso "modification of a substantial nature" means a modification which is estimated by the Land Pooling Officer to involve an increase of ten percent in the costs of the scheme as is described in section 41 or on account of the provisions of new works or the allotment of additional sites for public purposes included in the preliminary scheme drawn up by the Land Pooling Officer. (ii) If there is any difference of opinion between the Land Pooling Officer and the appropriate authority as to whether a modification made by the Land Pooling Officer is of substantial nature or not, the matter shall be referred by the appropriate authority to the State Government whose decision shall be final.

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