Chapter II CONSTRUCTION AND MAINTENANCE OF CANAL SYSTEMS

4. Whenever it appears expedient or necessary to the Government that the water of any river or stream flowing in a natural channel, or of any lake or any other natural collection of still water, should be applied or used by the State Government for the purposes of any existing or projected canal, the State Government may, by notification in the Official Gazette, declare that the said water shall be so applied or used after such date as may be specified in the said notification, not being earlier than three months from the date thereof.

5. At any time after the date specified under section 4, any canal-officer duly empowered in this behalf may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water and for such purposes may take with him, or depute or employ, such employees and other persons as he deems fit.

6. Whenever it is expedient or considered necessary to make any inquiry or examination in connection with a projected canal, or with the maintenance of an existing canal, any canal-officer duly empowered, in this behalf, and any person acting under the general or special order of any such canal-officer may,-

1. (a) enter upon such land as he may think necessary for the purpose, and
2. (b) exercise all powers and do all things in respect of such land as if the State Government had issued a notification under the provisions of section 4 of the Land Acquisition Act, 1894 to the effect that such land in that locality is likely to be needed for the public purpose, and
3. (c) set up and maintain water-gauges and do all other things necessary for the prosecution of such inquiry and examination.

7. Any canal-officer or any person acting under the general or special order of any such canal-officer, may enter upon any land, building or water-course, in respect of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the land irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied.

8. In case of any accident being apprehended or happening to a canal, any such canal-officer, may enter upon any land adjacent to such canal, and may take away trees and other materials, and execute all works, which may be necessary for the purpose of preventing such accident or repairing any damage done.

9. When a canal-officer or other person proposes, under section 6, 7 or 8, to enter into any building or enclosed court or garden attached to a dwelling-house, not supplied with water from a canal, and not adjacent to a flood-embankment, he shall give prior notice to the occupier of such building, court or garden, as the urgency of the case may allow.

10.

1. (1) The crossing canals shall be provided at such places as the Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent land, and suitable bridges, culverts or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal.
2. (2) The Government may approve the crossing of canal systems by all types of utility lines, if it deems fit, after obtaining necessary deposits, rent, maintenance and repair charges and other applicable charges.
3. (3) The Government may approve the crossing of natural drain, diversion of natural drain by earthen bund or by any means if it deems fit.

11.

1. (1) Whenever it appears to the State Government that injury to the public health, or public convenience, or to any canal or to any such land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, it may, by notification in the Official Gazette, prohibit, within the limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction.
2. (2) On publication of the notification under sub-section (1), the said river, stream or natural drainage channel, as is comprised within such limits, shall be held to be a drainage work as defined by clause
3. (4) of section 2.

12. Any canal-officer may, after publication of the notification under sub-section

1. (1) of section 11, by an order, direct to any person causing or having control over any such obstruction to remove or modify the same within such time as may be specified in such order.

13. If within the time specified under section 12 such person does not comply with the order, the canal-officer may cause the obstruction to be removed or modified at the cost of such person; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable by the Collector as an arrear of land-revenue.

14.

1. (1) Whenever it appears to the State Government that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of any land, or that protection from floods or other accumulations of water, or from erosion by a river, is required for any land, the State Government may cause a scheme for such work to be drawn up and carried into execution.
2. (2) The person authorised by the State Government may authorise any person to draw up and execute the scheme referred to under sub-section
3. (1) and thereupon such person may exercise in connection therewith the powers conferred on canal-officer under sections 6, 7 and 8 and shall be liable to the obligations imposed upon canal-officer under sections 9 and 22.