Power to require permanent holders and occupiers to construct or dig field channels

(1) If the Executive Engineer considers it expedient or necessary in the interests of the general public that any permanent holder or occupier of irrigable land in a chak should construct or dig a field channel either singly or jointly with other holders or occupiers of such land, he may by a notice, call upon the permanent holders or occupiers concerned to show cause by a date not earlier than three weeks after the date of the issue of the notice to be specified therein as to why they should not be required to undertake the work specified in the notice. (2) The notice under sub-section (1) shall state the place where the plans and specifications of the works as approved by the Executive Engineer may be inspected and shall be in such form as may be prescribed. (3) Any permanent holder or occupier on whom a notice is served under sub-section (1), may: (i) prefer an objection in writing before the date specified in the notice; (ii) if he desires to be heard in person, appear before the Executive Engineer on such date; (iii) state, whether he would execute the work himself or would prefer it to be executed at his cost by the State Government. (4) The Executive Engineer shall, after considering the objections that may be received, hearing the persons as may appear before him, and such further enquiry as he may deem necessary, pass orders specifying therein: (i) the nature of the work to be undertaken; (ii) the names of the permanent holders or occupiers required to undertake the work; (iii) the period within which the work should be completed: Provided that where not less than half of the permanent holders and occupiers on whom a notice is served under sub-section (1) have expressed their willingness for the work being undertaken at their cost by the State Government, the Executive Engineer may undertake the work and if so, the order shall state accordingly. (5) A copy of the order under sub-section (4) shall be served upon every permanent holder or occupier to whom it relates and shall be published in such other manner as the Executive Engineer may deem fit. (6) Any person aggrieved by the order of the Executive Engineer may prefer an appeal to the Collector within 30 days from the date of the order and the provisions of sub-sections (4) and (6) of section 23 shall apply to such appeals: Subject to the decision in the appeal, the order of the Executive Engineer under sub-section (4) shall be final. (7) No appeal under sub-section (6) shall require to be stamped.