section 75
Obligation of owners in respect of works effecting safety of canals
The Jammu and Kashmir Irrigation Act, 1978(1) Every owner whose tank, well, pond, spring pond or other reservoir is situated, above any irrigation work shall maintain the bunds and surplusing arrangements of such tank, well, pond, spring pond, spring channels or reservoir in a safe and efficient condition. (2) If, in the opinion of the Canal Officer, such bunds or surplusing arrangements of the works referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation works below, then the owner concerned shall be served with a notice to bring such bunds or surplusing arrangement to a reasonably fit condition, in such manner and within such time as may be specified in the notice. (3) If the said owner fails to comply with the notice within the time specified or does repairs which in the opinion of the Canal Office are unsatisfactory, the Canal Officer may carry out the necessary repairs with the assistance of police force, and recover the cost fro the said owner. (4) From any order of the Canal Officer under this section an appeal shall lie within thirty days from the date of communication of the order, to the Divisional Canal Officer, whose decision thereon shall be final.
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