Chapter VI OBTAINING MATERIALS IN EMERGENCIES

(1) Whenever it appears to the Irrigation Officer that unless some work or repair is immediately executed, an irrigation work would sustain such serious damage as to cause sudden and extensive public injury, such officer or any other person authorised by him in that behalf may, under intimation to the owner or occupier of any land in the neighbourhood of any such irrigation work, enter upon and take possession of such land and appropriate or remove any trees, timber, bamboos, mats, ropes, straws, earth, stones, or other materials found therein, and use the same for the purpose of such work or repair. (2). The Irrigation Officer or any other person authorised by him, who appropriates or removes any materials under sub-section (1), shall prepare an inventory thereof and keep it as a record duly signed by himself, the owner or occupier of the land and two witnesses of the locality.

(1) The Irrigation Officer shall, as early as possible, but in no case later than thirty days from the date on which the work or repair under section 26 was completed, pay to the person whose materials were taken for the said purpose, the cost of such materials calculated at a rate of 25% in excess of the prevailing market rate. (2) If any dispute arises as to the prevailing market rate of any materials, such disputes shall be referred by the Irrigation Officer to the Collector, whose decision thereon shall be final. (3) Where the cost of materials is not paid within the period specified in sub-section (1), it shall bear interest at the rate of 12% per annum.

Whenever as a result of the removal of any tree, timber, bamboos, earth, stone or other materials under section 26,causes any damage directly to the property of any person, the Irrigation Officer shall compensate that person for such damage, and in case of dispute as to the sufficiency of the amount so paid, he shall refer the dispute to the Collector whose decision thereon shall be final .