Power to take over canal for maintenance by Government.

(1) If the Government considers that in the interest of the proper irrigation of lands under any canal maintained by any person or body of persons, the work of maintenance of such canals be taken over by the Government and the cost of such maintenance or any part thereof recovered from the holders of land benefitted by such canal, the Government may, by notification make a declaration to that effect and after expiry of a period of not less than three months from the date of publication of such notification to be specified therein, the Government shall take over and maintain in a fit state of repairs such canal:

Provided that no artificial reservoir owned by any land holder which is actually used for the purpose of irrigation by such land holder shall be declared under this section except — (i) on the request of the land holder, or (ii) in the opinion of the Government, such notification is necessary in the public interest:

Provided further that where a notification is issued in accordance with clause (ii) of the preceding proviso, the land holder concerned shall be paid such compensation for the deprivation of his rights as may be awarded by the Collector of the District after such inquiry as may be prescribed.

(2) On such taking over of canal it shall be deemed to be a canal within the meaning of clause (2) of section 2 and the provisions of this Act shall mutatis mutandis apply to it.