Chapter III POWERS OF OFFICERS

Whenever it becomes necessary to make any enquiry or examination in connection with a projected irrigation work or its construction or with the maintenance of an existing irrigation work or with the application or use of the water of any irrigation work for the purpose of regulation, supply or storage of water, any Canal Officer duly empowered in this behalf may-

1. (a) enter upon such land and structure or anything attached to land as he may think necessary for the purpose;
2. (b) undertake survey or take levels thereon;
3. (c) dig and bore into the sub-soil;
4. (d) where otherwise such enquiry cannot be completed, cut down and clear away any part of any standing crop, fence or jungle;
5. (e) exercise all powers and do all things in respect of such land as he might exercise and do of the State Government had issued a notification under the provisions of section 4, of the land acquisition Act, 1894 to the effect that land in that locality is likely to be needed for a public purpose, and
6. (f) set up and maintain gauge discharge or silt measurement stations and do all other things necessary for purposes of such inquiry and examination .

Any Canal Officer or any person acting under his general or special orders in this behalf may enter upon any land, building, village channel on account of which any water rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a canal revenue and of doing all things necessary for the proper regulation and management of the irrigation work from which such water is supplied.

When such Canal Officer or such person proposes to enter into any building or enclosed court or garden attached to a dwelling house not supplied with water flowing from any canal, and not being adjacent to a flood embankment, he shall previously give to the occupier of such building, court or garden such reasonable notice as the urgency of the case may allow.

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The Engineer may make repairs and may do all acts necessary and proper for the maintenance of, any irrigation work or any other work executed or taken charge of under the provisions of this Act.

1. (1) whenever any person desires that a temporary roadway should be made over an irrigation work or that a temporary water channel should be made through any public embankment, or that a temporary dam should be constructed in any embanked river or public water-channel, he shall apply to the Executive Engineer incharge.
2. (2) Such Engineer shall transmit the application with his opinion to the Superintending Engineer, and shall await his order in respect thereof, unless he thinks that there is special reason for the immediate execution of the work, in which case he may execute the same without awaiting for the orders of the Superintending Engineer.
3. (3) If the proposed work is to be executed by an officer of the Government, the applicant, before the Commencement of the work, shall deposit the amount

estimated by the Executive Engineer to be necessary to defray the expenses

of, and incidental to making and removing such roadway, or of and incidental to making, closing, removing such water channel or dam.

1. (4) If the amount deposited is found afterwards to exceed the amount required, such excess amount shall be returned to the said applicant and likewise if the actual expenditure is more than the amount deposited, the balance amount shall be recovered from the said applicant.

Whenever it is requisite to repair any irrigation work, embankment or water- channel or embanked tow-path maintained by the State Government, it shall be lawful for the Executive Engineer, or any person authorised in that behalf, to enter in and upon any land and take possession of, appropriate and remove any earth or other material there from, and use the same for the purposes of such repairs.

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