The Government may, in order to carry out the purposes of this Act, by notification constitute such board, committee or other body for one or more command areas or any parts thereof as may be specified therein; and invest the board, committee or body so constituted with such powers and functions as they may deem fit.
CHAPTER III OBLIGATIONS OF LAND HOLDERS
8. Obligations of a land holder -Every land-holder under a pipe outlet shall be responsible,-
(i) to carry out systematic land development at his cost, according to the scheme formulated by the Land Development Officer;
(ii) to maintain the irrigation system under the pipe outlet in good repair, at his cost; proportionately as prescribed:
(iii) to use water for irrigation economically and without wastage by adopting such techniques and regime as may be prescribed.
9. Farm management - It shall be the duty of a land-holder to take steps to maximise production from his land by adopting such scientific and modern techniques of farm management as may be notified from time to time by such authority, as may be prescribed.
10. Safe guarding adjacent holdings - Every land-holder shall take such precautionary and preventive measures as may be necessary so as not to cause damage to the adjacent land holdings.
CHAPTER IV SYSTEMATIC LAND DEVELOPMENT
11. Formation of units - All lands comprising the command area under a pipe outlet shall form into a single unit for purposes of—
(i) systematic land development;
(ii) maintenance and upkeep of irrigation system
12. Power of Commissioner to specify command areas for systematic land development - The Commissioner may, by notification, specify the command areas under his jurisdiction in which all or any of the works under systematic land development shall be taken up in one or more installments and also specify the officers for command area development works in such command areas.
13. Construction of field channels - (1) Whenever it appears to the Government that the construction of field channels is expedient for the supply of water to the lands immediately after or simultaneously with the availability of water in the main irrigation system, the Government may, by notification, declare the command area under an irrigation system or project or source for the purpose of applying the provisions of this section.
(2) On the issue of the notification, the Land Development Officer shall have power to enter upon any land and make survey of such land to determine the most suitable alignment for the field channel so as to convey water to every land under a pipe outlet and mark out the land which, in his opnion, is necessary for the construction of the field channel.
(3) The Land Development Officer shall thereupon publish a scheme in the prescribed manner giving details of the lands through which the field channel is proposed to be taken and specifying the areas and the names of persons likely to be affected.
(4) Every person likely to be affected may submit a petition to the land- Development Officer stating his objections, if any, to the proposed construction of the field channel within fifteen days of publication of the scheme. The Land development Officer shall finalise the scheme after considering the objections, if any, and publish it in the manner prescribed. An appeal against an order of the Land Development Officer may be filed before the District Collector within fifteen days of the publication of the scheme.
(5) The Land Development Officer shall, after the expiry of the period of appeal, or where an appeal is filed before the District Collector, subject to the result of appeal, cause the field channel to be constructed so as to convey water to every land under a pipe outlet.
(6) Notwithstanding anything in the 1[Land Acquisition Act, 1894, (Central Act 1 of 1894)] it shall be lawful for the Land Development Officer to enter upon lands required for the construction of field channel and to cause construction of the field channel as if a declaration had been made by the State Government for the acquisition therefore under section 6 of that Act and as if the State Government had thereupon directed the Collector to take order for the acquisition of such land under section 7 of the said Act and as if the State Government had issued orders for immediate possession being taken under section 17 of the said Act.
(7) The Land Development Officer shall, after the construction of the field channel, fix the boundary marks in the prescribed manner and thereupon the ownership of such land shall best in the Government.
(8) When the land through which the file channel passes is not benefited there from, the owner for such land shall be paid an amount calculated at the rate at which the land required for construction of field channel at the nearest point from which the pipe outlet has been taken, has been acquired:
Provided that where question arises as to whether the amount payable under this sub-section corresponds to the market value of the land, it shall be referred to the District Collector, whose decision thereon shall be final.
(9) Notwithstanding that the cost of construction of the field channel is met by the Government the responsibility for maintenance of the field channels, shall vest with the pipe Committee; and the beneficiaries of the field channel shall not acquire any right other than that of use only.
(10) Any person, resisting the exercise of the powers, or having control over the property fails to give all facilities for their being exercise, shall be deemed to have committed an offence under section 188 of the India Penal Code, 1860(Central Act 45 of 1860).
14. Power to enter and Survey, etc., - (1) The Land Development Officer, or any person authorised by him in this behalf may-
1. Please refer to the provisions of Central Act 30 of 2013, wherein this Act has been repealed.
(a) enter upon any land in the command area of an irrigation system or lands adjacent thereto and undertake survey or take levels thereon for preparing scheme for systematic land development;
(b) dig and bore into top-soil or sale soil and collect soil samples for technical investigation;
(c) make and set up suitable land marks, and level marks for the said purpose;
(d) do all other acts necessary for the proper conduct of any inquiry or investigation relating to any existing or proposed scheme for comprehensive command area development;
(e) enter upon any land or building and cut down and clear away jungle, fence or any part of standing crop, or other obstruction for the purpose of regulating the use of water supplied or inspection or measurement of the lands irrigated thereby and of doing all things necessary for the proper regulating and management of land and water:
Provided that if the Land Development Officer or other persona authorised proposes to enter into any building or any enclosed court-yard attached to a dwelling house, he shall give the occupier of such building or court-yard atleast a day’s notice in writing of his intention to do so, if the occupier denies entry on oral request.
(2) Save as otherwise provided by the rules made in this behalf, no person shall be entitled to any compensation for loss or damage sustained by him by reason of any action taken by the Land Development Officer or other person authorised in pursuance of his powers under this section.
15. Preparation of the scheme for systematic land development - (1) The Land Development Officer shall, as soon as may be after the issue of notification under section 12, hold a meeting of land-holders in the unit and after hearing their views, cause the preparation of a suitable scheme for systematic land development.
(2) Any scheme so prepared shall amongst other matters, setout the estimated cost of the scheme a sketch plan of the area proposed to be covered under the scheme and the particulars of the site of the pipe outlet relocalisation or re-alignment of the pipe outlet and re-alignment of the existing irrigation system, survey numbers covered, field boundaries, as existing and as proposed, the extent required for the irrigation system and the land-holders to be benefited and other persons affected thereby.
(3) Every scheme shall, immediately after its preparation, be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within fifteen days of such publications.
(4) The Land Development Officer shall consider the objections and suggestions received, if any, from the land-holders and finalise the scheme either as originally proposed by him or with such modifications as he may consider fit and publish the scheme as finalized in such form and manner as may be prescribed (thereinafter in this chapter referred to as the approved scheme).