Chapter VIII EXECUTION OF WORKS BY JOINT LABOUR

(1) Where, by local custom or for any other good reason, any work connected with irrigation or flood control or drainage of water for the purpose of agriculture is to be done by the joint labour or at the cost of owners of all the lands likely to be benefited by such work, and where any of such owners fails or neglects to do his share of the work or contribute his share of the cost of labour, it shall be lawful for the Collector, or the Punja Special Officer, appointed by Government in this behalf or any other officer authorised by the Government, on the application of one or more of the owners interested in such work or injured or likely to be injured by such

failure or neglect, to investigate the matter and pass such order as he deems fit, and he may, by such order, also direct the defaulting owner to execute any portion of such work or pay any portion of the cost of the work.

1. (2) An order directing that the defaulting owner shall execute the portion of the work shall also specify the portion of the work to be executed, the time within which it should be done, and the estimate of the cost of such work prepared in such manner as may be prescribed.
2. (3) Where the defaulting owner refuses or fails to execute such work within the time specified in the order under sub-section (1), the Collector, the Punja Special Officer or such other officer authorised by the Government under that sub-section may entrust the work to be executed by some other person, and the cost thereof may be recovered from the defaulting owner in such manner as may be prescribed.

(1) Where the committee of a padasekharamapplies to the Collector, the Punja Special Officer or any other officer authorised by the Government in that behalf, to arrange for the dewatering of that padasekharamfor the purpose of paddy cultivation, it shall be lawful for the Collector, the Punja Special Officer or such other officer to arrange for the dewatering of such padasekharamand to recover the cost of such dewatering from all the owners of such padasekharam: Provided that arrangement for dewatering shall not be made unless the Irrigation Officer has certified, after due investigation, the safety of the land in a padasekharam.

1. (2) The Collector, the Punja Special Officer or the officer authorised under sub-section (1), arranging dewatering of any padasekharamunder the said sub-section or any person or persons authorised by him to undertake such dewatering work shall, notwithstanding anything contained in any other law for the time being in force, have the power to enter upon any field in that padasekharamand to install any machinery for the purpose of such dewatering and to execute any temporary work incidental thereto.
2. (3) Where cultivation in any padasekharamor in any portion thereof is likely to be affected for want of proper irrigation or drainage facilities, the Collector, the Punja Special Officer or the officer authorised by the Government under sub-section (1) shall have the power to arrange for the execution of any temporary work as is necessary to irrigate or drain the padasekharamor any portion thereof, as the case may be, and the cost thereof shall be realised from all the owners of the padasekharam. Explanation:— In this section and in section 33 and 34,—
   • (i) "committee of padasekharam" means the committee of the owners of padasekharamconstituted in such manner as may be prescribed; and
   • (ii) "padasekharam" means collection of paddy fields contiguously situated, whether owned by one or more than one person.

Where a bund or a portion of a bund to be constructed or repaired by joint labour, or at the cost, of all the owners of a padasekharamhas not been constructed or repaired properly by such owners, it shall be lawful for the Collector, the Punja Special Officer or the Officer authorised by the Government under sub-section (1) of section 32 to carry out the construction or repair of such bund or portion, as the case may be, and to recover the cost thereof from all the owners of that padasekharam, after giving notice to the effect.

The Collector, the Punja Special Officer or the officer authorised by the Government under sub-section (1) of section 31 may exercise such powers and perform such duties as may be prescribed, for the collective benefit of the owners of a padasekharam.

Any person aggrieved by any order under this Chapter, of the

Collector, the Punja Special Officer or any officer authorised by the Government under section 31 or section 32 may, as early as possible and in any case not later than ten days from the date of receipt of such order, file an appeal against such order before such officer or authority as the Government may, by notification, specially empower in this behalf, and such officer or authority may, after giving the person affected an opportunity of being heard, pass such order thereon as is deemed just and reasonable within a period of twenty days from the date of receipt of the appeal.

The Government may, on their own motion or on an application by

a person aggrieved by any order under this Chapter, revise any order of the Collector or the Punja Special Officer or the officer authorised by the Government under section 32 or any order of the officer or authority specially empowered under section 35 and pass such orders thereon as are, in their opinion, just and reasonable, after giving the person affected thereby an opportunity of being heard.