(1) The State Government may, after considering the report under section 6 and any further reports that they deem fit to call for, sanction the scheme with or without modifications, or reject it and direct that in lieu thereof a fresh draft scheme be prepared and submitted for their sanction under this sub-section.
(2) The scheme as sanctioned under sub-section ( 1) shall be published in the Official Gazette and also in such other manner in the area to which the scheme relates as in the opinion of the State Government is best suited to the circumstances.
Coming into 8. The scheme shall come into force on the date force of the on which it is published in the Official Gazette under scheme. sub-section (2) of section 7.
Podu culti· 9. Without prejudice to the generality of the vatiton a 1 ndd powers under sections 3 to 8, the State Government pas ure an s f · · h · h bl· and village may rom time to time, w enever m t e pu IC forests. interest they deem it expedient so to do-
(a) notify any area where the system of podu cultivation is prevalent and cause demar cation, survey and division into separate blocks of such lands within the area as are in their opinion amenable to such culti· vation ; or
(b) notify all communal pasture or forest lands in any area and cause demarcation and survey of such of the lands as are in their opinion denuded of pasture or of forest growth.
• • 19 °F~ ech:m° 10. (1) Where action has been taken under clause ~~ti~- (a} of section 9 the Collector shall with a view to tion and d diminish the wasting effects of the system of podu r:::: an cultivation on the soil and the gradual aboJition or the system prepare a draft scheme providing for tho control of such cultivation by rotational closure of the blocks or by otherwise regulating, restricting or prohibiting the same within the area :
Sanction of scheme ~amt section 10.
Provided that no person having a right to cultivate any land shall be prohibited from adopting the system of podu cultivation therein, unless in lieu thereof other lands of similar productivity are allotted to him by the Collector in the prescribed manner.
(2) Where action has been taken under clause
(b) of section 9 the Collector shall with a view to the development and maintenance of pasture lands and forest growth in the area prepare a draft sche:ne providing for the execution of such works as may be in his opinion necessary and for the said purpose for closing from time to time such portions of the communal lands to grazing and exercise of other rights, as the Collector may consider best suited to the circumstances obtaining in the area.
11. On the preparation of a draft scheme under section 10 the provisions of section 6, section 7 and , section 8 shall, mutatis mutandis, apply.
Schemes to 12. Every scheme on coming into force under bo final. section 8 or section 11 shall be final and binding on all concerned and shall have effect notwithstanding anything to the contrary contained in any other law or in any contract, custom, practice or usage.
Elec:ation andCOlt or schemel.
RejUlat.ion.
CHAPTER ID EXECtmON OF SCHEMES AND MA INTENANCB AND REPAIR OF WORICS
13. When a scheme comes into force in accordance with the provisions of the foregoing chapter the Collector shall execute the scheme and the works to be carried out thereunder.
• 14. For the purpose of carrying out the objects of any scheme the Collector may, subject to the control and directions of the State Government, make regulations, published in the prescribed manner requirina any penon or penons or the pubtio 20 generally to do or refrain from doing any acts in respect of any matter necessary, supplementary or incidental to the scheme.
Poter of 15. (1) The Collector or any person authorised =~~y, survey, by him in writing in that behalf may, for the purpose of preparing, sanctioning or executing any scheme or repairing or maintaining any works under any scheme, after giving such reasonable notice as may be prescribed to the owner, occupier or any person interested in any land, enter upon, survey and mark out such land and do all acts necessary for such purpose.
(2) The Collector and every person authorised by him under sub-section (I) shall be deemed to be a public servant within the meaning of section 21 of the 45of1860 Indian Penal Code.
Payment of • c ~ m Pe n- 16. (1) Reasonable compensation m respect of sat10n for 1 d ' ' d t th t f damages etc any oss, amage or Injury cause o e proper y o ' · any person in carrying out any operations under this Chapter shall, on a claim being made in that behalf in the prescribed manner, be paid to the person·-
(a) where an agreement has been entered into with the person concerned, in accordance with such agreement; and
(b) where no such agreement is possible, by the Collector as may be assessed by him in that behalf.
(2) No claim for compensation shall be enter tained by the Collector under sub-section (1) unless it is made within ninety days from the date notified by the Collector in that behalf in the prescribed manner inviting such claims.
(3) Any person aggrieved by an order of the Collector under clause (b) of sub-section fl) may before the expiry of sixty days from the date of the order appeal to such authority and in such manner as may be prescribed and the orders passed in such appeal shall subject to the provisions of sub section ( 4) be final.
(4) The High Court may, on any question of l{lw raised in an application for revision by any person aggrieved by an order passed under sub-section (3) filed within sixty davs from the date of the said order, revise the same and confirm, reverse or modifr the said order according as the Court thinks proper.
• • Statement of liability.
22
(2) If such person fails to maintain or repair the work within the time that may be fixed by the Collector in that behalf under sub-section (1) the Collector shall himself get the work repaired and maintained and the expenses incurred on that account shall be recovered from such person.
(3) Any dispute as to the amount of the expenses to be recovered under sub-section (2) shall be decided by the Collector and subject to the decision in appeal, if any, before the State Government in accordance with the rules made in that behalf, the decision of the Collector shall be final.