Section 47

Section 47 of Bihar Irrigation Act. Preparation of draft scheme for on-farm development (1) Notwithstanding anything contained to the contrary in this Act and subject to the rules , that may be made by the State Government in this behalf, an officer designated by the State Government in this behalf may, on his own motion or on the app

Preparation of draft scheme for on-farm development (1) Notwithstanding anything contained to the contrary in this Act and subject to the rules , that may be made by the State Government in this behalf, an officer designated by the State Government in this behalf may, on his own motion or on the application of not less than fifty percent of the owners or occupiers of land in the culturable commanded area, prepare a draft scheme to provide for on-farm development on a group or block of fields.

(2) Every scheme prepared under sub-section (1) shall among other matters, set out the cost of the on-farm development works, sketch plan of the area proposed to be covered by the said scheme, and particulars of the owners or occupier to be benefited by the said scheme.

(3) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within twenty-one days of the publication.

(4) After consideration of such objections and suggestions if any, the said officer shall approve the scheme either as it was originally published or in such modified form as he may consider fit and publish the same.

(5) The officer designated by the State Government in this behalf may, at any time or on an application by any person aggrieved by the approved scheme made within a period of thirty days from the date of publication of the particulars of the scheme under sub-sections (4), revise the scheme approved by the said officer :- Provided that such revision shall not be made without affording the person affected an opportunity of being heard.

(6) An owner or occupier aggrieved by the order of the said officer in respect of a scheme, which has not been approved, may prefer an appeal, within thirty days of the passing of the order to such officer designated by the State Government in this behalf whose decision shall be final.

(7) After a scheme has been approved by the said officer under sub-section (4) or where an appeal is pending before an officer under sub-section (6), after it has been disposed of by him, the scheme shall be published in such manner as may be prescribed and upon such publication, it shall be executed or got executed by the owners or occupiers in the group or block of field at their cost, within such period of time as may be specified by the said officer.

(8) In the event of the failure of any or all of the said owners or occupiers to execute the works within the said period of time specified by the said officer or in the event of any or all of the owner or occupiers informing in writing the said officer prior to the expiry of the said period of time that they are unable to execute or get executed the works as required, the works may be carried out by the State Government or by an agency determined by the State Government in that behalf, and the cost of the works to executed by the State Government or by the said agency, as the case may be, shall be recoverable by the State Government or the said agency, as the case may, be from the owners or occupiers who fail or indicate their inability, to execute or get executed the works as required.

(9) The share of the individual owners or occupiers of the cost of the works executed in the said group or block of field by the State Government or by the said agency, as the case may be, shall be as determined by the State Government or by the said agency, as the case may be.

Section 47, Bihar Irrigation Act (Act 11 of 1998).