Chapter XIV OBTAINING LABOUR AND MATERIALS FOR

IRRIGATION WORK IN EMERGENCY

emergency

1. (1) Whenever it appears to the Divisional Canal Officer acting under his general or special orders in this behalf that unless some works or repair is immediately executed such serious damage will happen to any irrigation work as to cause sudden and extensive public injury or serious interruption of the established course of irrigation and that labour necessary for the proper execution thereof cannot be obtained in the ordinary manner in time to prevent such injury or interruption or to remedy it within a reasonable time, the Divisional Canal Officer or any officer acting under the said orders may by public proclamation by beat of drum require the labours enlisted under section 92 who reside in any village within eight K.M. of the place

where the work is to be executed, to carry out such duties as he may

allot to them in connection with the execution of the work necessary for the safety of the particular irrigation work.

1. (2) All persons so labouring shall be entitled to payment at rates which shall not be less than the highest rates for the time being paid in the neighbourhood for similar labour.
2. (3) In case the management of distributaries, sub-distributaries or minor is handed over to water users association under this Act, the water users association shall be an agency acting under the order of Divisional Canal Officer and on his behalf in the jurisdiction of water users association and may act accordingly and seek help from the

Preparation of list of such labour Subject so such rules as may be made in this behalf, the Division Canal Officer shall prepare list of labour willing and capable to carry out the duties as aforesaid and may from time to time add to or alter such list or any part thereof.

emergency Whenever it appears to a Divisional Canal Officer or any officer acting under his general or special orders in this behalf that it is essential for carrying out urgent works on any irrigation work to prevent public injury caused by damage to works, he may enter upon or into any immovable

ဉဇ property in the neighbourhood of the irrigation work requiring immediate repair, or other work and take possession, appropriate, cut or remove any trees, timber, bamboos, mats, ropes, straw, earth, stone and other materials and prepare an inventory of the materials taken, such materials shall be paid for at the highest prices for which they are sold in the neighbourhood and in case damage is sustained by any person in consequence of the removal, seizure or cutting of any" such material, compensation shall be paid for such damage, by the Divisional Canal Officer.

Any person aggrieved by fixation of wages under sub-section (2) of section 91 may prefer an appeal within sixty days to the Superintending Engineer whose decision shall be final.

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