Chapter VI OF OBTAINING LABOUR IN EMERGENCIES

40. Requisition of labour for urgent works or repairs etc. (1) Whenever it appears to an Irrigation Officer or in his absence to the Tahsildar that,- (a) (i) unless some work or repair is immediately executed an irrigation work would sustain such serious damage as to cause sudden and extensive public injury, or (ii) unless some clearance of an irrigation work which is necessary in order to maintain the established course of irrigation or drainage is immediately executed serious public loss would occur, and (b) persons necessary for the proper execution of such work, repair or clearance cannot be obtained in the ordinary manner in time to prevent such injury or loss, it shall be lawful for such officer to either himself call upon or to require the patel of the village or villages in the vicinity to call upon all or any of the able bodied persons who reside or hold land in or near the locality where such work, repair or clearance has to be executed to assist in the execution of the same as such officer or other person authorised by him in this behalf may direct. (2) In calling upon the able bodied persons to assist the execution of any work under sub-section (1), no discrimination shall be made on grounds of religion, race, caste or class or of any of them. (3) Every person so requisitioned shall be deemed to be a public servant within the meaning of the Indian Penal Code. (4) An order made under sub-section (1), shall be immediately reported to the Deputy Commissioner and the Canal Officer.

41. Payment to persons requisitioned. All persons complying with the requisition under section 40 shall, as soon as may be reasonably practicable, and in any case within fifteen days from the date of such compliance, be paid by the Canal Officer or the Tahsildar, as the case may be, for the work done by them at fifty per cent in excess of the rate payable for the time being prescribed by the competent authority of the Public Works Department to persons attending to similar work: Provided that for work done at night, payment shall be made at double such rates.

42. Appeals against order under sectiion 41. Any person who does not accept the amount tendered in payment under section 41 may appeal, within thirty days from the date of such tender, to the Deputy Commissioner whose decision shall be final.