Chapter XVII MISCELLANEOUS

No suit shall lie against the State Government or any servant of the Government serving in connection with the affairs of the State in respect of:-

1. (a) any loss caused by the failure or stoppage of water in any irrigation work or the failure or partial failure of any drainage or other work, or
2. (b) any loss or damage caused by the overflow of water from any such work or resulting directly or indirectly from any such work.

Every claim for compensation for any loss resulting from an act done or purported to be done under any of the provisions of this Act shall include the whole of the claim for compensation in respect of every loss which the person making the claim has sustained or is likely to sustain as a result of such act, and where any person omits to claim compensation or intentionally relinquishes any claim to compensation in respect of any such loss, he shall not afterwards be entitled to claim any compensation in respect thereof.

The powers conferred by the Act are in addition to, and not in derogation of, any powers which would be exercisable by the State Government or any officer of the Government apart from this Act.

Every proclamation and general notice by this Act required to be issued or given shall be published by affixing a copy of the same in the office of every Collector, Sub-divisional Officer and Munsif within whose jurisdiction, and at every police- station within the limits of which any lands affected by such proclamation or notice are known by the Collector to be situated; and by affixing copies of the same in conspicuous positions in such hats, bazars, towns, villages or other public places as the Collector may direct and also by giving notice by beat of drum at such public places that such copies have been affixed and that one copy of the papers containing the information which is the subject of such proclamation or general notice is open to inspection by all concerned at the office of the Collector.

Every notice or order by this Act required to be served shall be served -

1. (1) by delivering a copy of the same to the person to whom it is directed, or, on failure of such service, by posting a copy on some conspicuous ဉဓ

part of the house in which the said person resides, or by delivering a

copy to any agent authorised to appear generally for the person to whom such notice or order is directed; or

1. (2) by sending a registered letter containing a copy of such notice or order directed to the said person at his usual place of abode, or at the place where he may be known to' reside; or
2. (3) by posting a copy of the notice or order at the Panchayat Office, if no such Panchayat office be found, on some conspicuous place of the said village.

1. (1) whenever the retention of any land appropriated to the purpose of any irrigation work, may no longer be required, and the permanent relinquishment of the same may be deemed expedient, such land shall be restored by the Collector to the owner from which such land was originally taken on return of the compensation amount, if any, which was paid for such land when the same was taken for the purpose of the irrigation work.
2. (2) If persons who are entitled to the restoration of any land under this section or any of them, refuse or neglect to pay such price within a

reasonable time after demand, the land shall be sold by the Collector

as a revenue free holding for such price as he can obtain for the same.

1. (3) All sums obtained for lands conveyed under the provisions of this section shall, after the payment of all expenses incurred on account of the same, be applied to the payment of the cost of any new irrigation works, or of the expenses of maintaining any irrigation works affecting the said lands and other adjacent lands, in reduction of the amount chargeable upon the beneficiaries of the land benefited, as herein before provided, if any amount be so chargeable.

Suitable means of crossing canals constructed or maintained at the cost of Government shall be provided at such places as the State Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands and suitable bridges, culverts or other works shall be constructed to prevent drainage of the adjacent lands being obstructed by any canal.

တင

Every sum declared to be due under this Act shall be recoverable on behalf of the State Government by such officer who may be authorised in this behalf.

1. (1) The State Government may by notification in Official Gazette make rules to carry out the purposes of this act or for matters connected therewith or which are required to be prescribed by rules under provisions of this act.
2. (2) No such rules shall be made by the State Government until a draft of the same shall be published in the Official Gazette for one month.

1. (1) On the commencement of this Act, the following, namely:-
   • (i) the Bengal Canal Act, 1864 (V of 1864)
   • (ii) the Bengal Embankment Act, 1873 (VI of 1873)
   • (iii) the Bengal Irrigation Act, 1876 (III of 1876)
   • (iv) the Bengal Drainage Act, 1880 (VI of 1880)
   • (v) the Bengal Embankment Act, 1882 ( II of 1882)
   • (vi) the Bihar Private Irrigation Works Act, 1922 (V of 1922)
   • (vii) the Bihar Public Irrigation and Drainage works Act, 1947 (X of 1947)
   • (viii) the Bihar Lift Irrigation Act, 1956 (XVI of 1956)
   • (ix) the Bihar Irrigation Field Channel Act, 1965 (XVII of 1965) are hereby repealed,
2. (2) Provided that such repeal shall not affect -
   • (a) anything duly done or action taken under the repealed Acts.
   • (b) any right, privilege, obligation, or liability acquired, accrued or incurred under any law so repealed, or
   • (c) any -penalty, forfeiture or punishment incurred in respect of any offence committed against any Jaw so repealed, or
   • (d) any investigation, proceeding, legal proceeding or remedy in respect of any right, privilege, obligation liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, proceeding, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment that may be imposed as if this Act has not been passed.
3. (3) Notwithstanding such repeal anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to be have been done or taken in exercise of the powers တစ conferred by or under this Act, as if this Act was enforced on the day on which such thing or action was done or taken. By the order of Governor Sd- (Rajendra Prasad) Secretary to the Government