Bare ActsKerala Command Areas Development Act, 1986

Section 16

Execution of scheme

Amendment status not verified — confirm the current text below against the official source.

(1) Upon the sanction of the scheme, the Authority may execute the scheme through such agency as it deems fit: Provided that in the case of the works mentioned in sub-clause (a) of clause (3) of section 15 and specified in the scheme, the Authority may require the land-holder to intimate it within one month of the publication of the scheme under section 14 whether he desires to carry out the work according to the approved scheme by himself and, if so, his agreement to complete the work within the time fixed by the Authority, and any land-holder who carries out such works shall also be liable to pay proportionate cost of survey, supervision and any other amount as may be determined by the Authority. (2) When the land-holder does not desire to carry out or fails to carry out the works referred to in the proviso to sub-section (1), the Authority shall carry out or get carried out such works and- (a) such works so carried out shall be deemed to have been done with the consent of the land-holder for whose benefit they are intended; (b) subject to such rules as may be made in this behalf the proportionate cost of work including survey and supervision and any other amount as may be certified by the Authority shall be a charge on the land on which the works have been carried out, and the provisions of sub-section (3) of section 26 shall mutatis mutandis, apply for recovery thereof. (3) In order to provide for physical planning, the Development Officers referred to in section 11 shall have the power to effect realignment of field boundaries and in the process, to alter the area of the land held by the land-holders in the command area or any other adjoining area. (4) The realignment and changes in the land holdings made in pursuance of the powers conferred by sub-section (3) shall, subject to the payment or recovery of compensation, as the case may be, contemplated in sub-section (4) of section 12, have effect notwithstanding anything inconsistent therewith contained in any other enactment and shall be duly mutated in the record of rights. (5) Whether the holder of any land included in the scheme intimates the Authority under the proviso to sub-section (1) that he does not desire to carry out the work by himself or does not intimate the Authority that he desire to carry our the work by himself within the period specified in the proviso to sub-section (1), such holder shall deposit with the Authority the amount required for the works mentioned in sub-clause (a) of clause (3) of section 15 as determined by the Authority, and the Authority shall carry out the works under the scheme by itself or through an agency decided by the Authority.

Section 16 – Kerala Command Areas Development Act, 1986 | DailyLaw.ai