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 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). (1) [Portion of text preceding this sub-section missing from source] 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 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).