Chapter VII PRIVATE IRRIGATION WORKS

of new work

1. (1) Whenever it appears to the Collector-
   • (a) that the repair of an existing private irrigation work is necessary for the benefit of any village or local area within the district and that the failure to repair such irrigation works adversely affects, or is likely to affect adversely, the lands which are dependent thereon for supply of water, or
   • (b) that it is desirable for the purpose of settling or averting dispute of preventing waste of water or injury to land by the wrongful or undue diversion of a stream or channel or any sluice, weir, outlet, escape, headwork dam or other work should be constructed in any private irrigation work, in order to regulate the supply or distribution of water for agriculture purpose.
2. (2) If he is satisfied that the matter is of public importance, he may-
   • (a) cause in the prescribed manner a notice to be served on the owner of the land in which the irrigation work is situated and public notice to be given at convenient places in every village in which such irrigation work is situated stating that he intends to take action under this chapter for the repair of the said work or for extending or altering it and specifying the date on which an inquiry shall be held,
   • (b) Serve a notice in the prescribed manner on every person known or believed to be under an obligation to maintain the irrigation work in an efficient state calling on him to show cause on the date specified in the notice why he should not be required to repair the said work or extend or alter it as aforesaid.

On the date fixed in the notices or any other date to which the proceedings may be adjourned, the Collector shall hold an inquiry and shall hear the persons on whom the notices have been served and any other persons

affected or likely to be affected by the order who may attend, and may take

down in writing any evidence that he may think fit regarding -

1. (a) the necessity for repairing, extending or altering the said irrigation work,
2. (b) the nature of the works required for such repair, (extension or alteration),
3. (c) the obligation to maintain the irrigation work in an efficient state and the reasons why the person under such obligation has failed to repair it, and ဆဆ
4. (d) the probable cost of the proposed work of repair, extension or alteration.

If after making the said inquiry the Collector is satisfied that the state of disrepair of the irritation work is such as materially affect or is likely to affect materially the irrigation of the lands which are dependent thereon for supply of water or that any extension or alteration of such irrigation work is necessary, he shall, subject to the provisions of clause (a), issue an order in writing requiring that the proposed work of repair, extension or alteration shall be carried out-

1. (a) by one or more of the persons on whom notice under clause (b) of sub- section (2) of section 22 have been served and who agrees or agree to carry out the said work, or
2. (b) by any such agency as he thinks proper , for reasons to be recorded in writing.

1. (1) Not withstanding anything to the contrary contained in this Act, whenever the Collector, for reasons to be recorded by him, is of opinion that the delay in the repair of any existing irrigation works adversely affects or is likely to affect adversely lands which are dependent on such irrigation work for supply of water, he may forthwith cause the repair of such irrigation work. Provided that the Collector shall cause public notice to be given at convenient places in every village in which the irrigation work is situated stating that the work mentioned therein has already been begun.
2. (2) When any such work has been completed, the Collector shall cause notice to be given in the manner aforesaid stating that the work mentioned therein has been completed.

If any person required to carry out any work of repair, extension or alteration fails to do so in the manner and within the period specified or within such further period, if any, as may be allowed by the Collector in writing, the Collector may subject to the rules prescribed by a written order, authorise any agency to carry out the said work in the manner and within the period specified in the order.

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