Chapter II CONSTRUCTION OF CANALS

When the State Government has notified in this behalf any natural channel, lake or other collection of water, no person shall, without permission previously obtained in the manner prescribed in the section next following, construct a canal intended to be fed from any such channel, lake or other collection of water : Provided that nothing in this section shall apply to the construction of a water-course from an existing canal or to the construction of wells.

(1) Any person, desiring to construct a canal intended to be fed from any source of supply which has been notified by the State Government under section 4, may apply, in writing, to the Collector for the permission referred to in that section. (2) Every application under sub-section (1) shall be in such form, and shall contain such particulars, as the State Government may prescribe in that behalf.

1. (2) Every application under sub-section (1) shall be in such form, and shall contain such particulars, as the State Government may prescribe in that behalf.

(1) When a source of supply has been notified by the State Government under section 4 and the Collector considers that the construction of a canal to be fed therefrom will be advantageous, he shall give notice by general proclamation, to all persons interested, of his intention to construct such canal or allow construction of such canal.

1. (2) If no objection to the construction of such canal shall have been preferred within a period to be specified in the notice under sub-section (1), or if any such objection has been preferred within the said period, but has been finally over-ruled, the Collector may proceed to construct such canal.
2. (3) The provisions of sections 44 and 57 shall apply to all proceedings of the Collector under sub-section (1) of this section and under the preceding section, and power conferred upon the Collector by this and the preceding sections shall be exercised subject to such sanction as the Government may prescribe and in accordance with the rules made by the Government.

(1) If any person, without the permission necessary under sections 4 and 5 of this Act or contrary to any of the conditions of such permission, commences to construct or proceeds with the construction of any

person, and, by general proclamation, all other persons from continuing the construction thereof: Provided that, unless in the case of a construction which would materially extend the area irrigable by a canal, no such order or proclamation, as the case may be, shall be made or issued in respect of any canal which, at the time, when it is proposed to make or issue such order or proclamation, has been used for irrigation without interruption, other than such as was due to natural causes beyond the control of the person aforesaid.

1. (2) If any person, shall, at any time after the commencement of this Act construct a canal without the permission necessary under sections 4 and 5 of this Act, the Collector may, with the previous sanction of the Government, close it and shut off the supply of water thereto and may further, by order in writing, prohibit such person, and by general proclamation all other persons from maintaining, repairing or renewing such canal or continuing to use the water thereof.