Permanent holder or occupier to comply with the order of Executive Engineer

(1) Unless the Executive Engineer has, in pursuance of the proviso to sub-section (4) of section 75-B, undertaken to execute the work, every permanent holder or occupier who is required to undertake the work under the said subsection shall, subject to orders of the Collector in appeal, if any, undertake and complete the work in accordance with the order as passed by the Executive Engineer. (2) If out of the permanent holders or occupiers named in the order, the work is undertaken and completed by some of them, they shall on completion of the same report the matter to the Executive Engineer stating therein the total expenses incurred in the execution of the work and the contribution of each towards the expenses so incurred. (3) On receipt of the report under sub-section (2), the Executive Engineer shall in the prescribed manner, apportion the expenses amongst the persons named in the final order under section 75-B with due regard to the benefit likely to be derived by each of them from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer, within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue. The amount so recovered shall be distributed amongst the persons to whom it is due. (4) If the work is not undertaken or is not completed within the period specified for the completion of such work or is not executed in accordance with the approved plans and specifications, the Executive Engineer may cause the work to be undertaken, completed or properly executed at the expense of the permanent holders or occupiers concerned, and where two or more persons were required so to undertake the work, shall apportion the expenses incurred in doing so among such persons, in such manner as may be prescribed with due regard to the benefit which each of them is likely to derive from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue.