D Permanent holder or occupier to comply with the order of Executive Engineer

(1) Unless the Executive Engineer has, in pursuance of the proviso to sub-section (4) of section 75-6, undertaken to execute the work, every permanent holder or occupier who is required to undertake the work under the said sub-section shall, subject to orders of the Collector in appeal, if any, undertake and complete the work in accordance with the order as passed by the Executive Engineer. (2) If out of the permanent holders Or occupiers named in the order, the work is undertaken and completed by some of them they shall on completion of the same report the matter to the Executive Engineer stating therein the total expenses incurred in the execution of the work and the contribution of each towards the expenses so incurred. Section-75-D,E] M.P. Irrigation Act, 1931 [54 (3) On receipt of the report under sub-section (2) the Executive Engineer shall in the prescribed manner apportion the expenses amongst the persons named In the final order under section 75-B with due regard to the benefit likely to be derived by each of them from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer, within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue. The amount so recovered shall be distributed amongst the persons to whom it is due. (4) If the work is not undertaken or is not completed within the period specified for the completion of such work Or is not executed in accordance with the approved plans and specifications, the Executive Engineer may cause the work to be undertaken, completed or properly executed at the expense of the permanent holders or occupiers concerned, and where two or more persons were required so to undertake the work, shall apportion the expenses incurred in doing so among such persons, in such manner as may be prescribed with due regard to the benefit which each of them is likely to derive from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue. 75-E. Maintenance of field Channels.-(1) Every permanent holder and occupier of land receiving supply of water from a field channel constructed in accordance with the provisions of this Chapter shall. ( i) maintain It In a fit state of repairs; Section-75-E,F] M.P. Irrigation Act, 1931 [55 (ii) Allow the use of it to any person entitled to take water there from; (iii) Construct and maintain all works necessary for the passage across such field channel and for affording proper communications across it for the convenience of the permanent holders and occupiers of the neighboring land. (2) If the Executive Engineer finds that any field channel is not maintained In a fit state of repairs or any work required to be Constructed or maintained under clause (iii) of sub-section (1) is not so constructed or maintained, he may, after such notice as may be, prescribed to the permanent holder and occupier concerned, cause the field channel to be repaired or other works to be constructed or maintained at the cost of such permanent holder and occupier. (3) The expenses incurred by the Executive Engineer under sub- section (2) shall be recoverable as an arrear of canal revenue from the permanent holders Or occupiers required to construct or dig field channel under section 75-8 in such proportion as the Executive Engineer may determine, in accordance with rules framed under this Chapter. 75-F. Obstruction or interference With water flowing in field channel prohibited in certain cases, - (1) No person shall except in accordance with such rules as may be prescribed. Do anything which obstruct or interferes or is likely to obstruct or interfere with the flow of water in any field channel. (2) It any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six Section-75-F,H] M.P. Irrigation Act, 1931 [56 months or with fine which may extend to one thousand rupees Or with both. 75.G. Bar of suits and proceedings. - (1) No suit or other legal proceedings shall lie against the Government, at the instance of any person: (a) In respect of any act done or purporting to be done under this Chapter: or (b) on the ground that any field channel interferes or is likely to interfere with his rights in any manner. (2) No suit, prosecution Or other legal proceeding shall lie against any officer Or servant of the government for anything which is in good faith done Or intended to be done in Pursuance of the provision of this Chapter or any rule made there under. 75-H, Power to make rules - The Government may make rules to carry out the purposes of this Chapter Section-75-A,B] M.P. Irrigation Act, 1931 [51 Chapter VIII-A Construction and Maintenance of Field Channels 75-A. Power to apply provison8 of this Chapter. – The provisions of this Chapter shall apply to such area and from such date as the State Government may. by notification, appoint and different dates may be appointed for different areas. 75-B. Power to require permanent holders & occupiers to construct or dig field channels. – (1) If the executive Engineer considers It expedient Or necessary in the interests of the general public that any Permanent holder or occupier of irrigable land in a chak should construct or dig a field channel either singly Or jointly with other holders or occupiers of such land, he may by a notice, call upon the permanent holders or Occupiers concerned to show cause by a date not earlier than three weeks after the date of the issue of the notice to be specified therein as to why they should not be required to undertake the work specified in the notice. (2) The notice under sub-section (1) shall state the place where the plans and specifications of the work as approved by Executive Engineer may be inspected and shall be in such form as may be prescribed. 1. Chapter VIII-A has been added, -vide M. P. Irrigation (Amendment) Act) 1960 (No. 23 of 1960). Section-75,B] M.P. Irrigation Act, 1931 [52 (3) Any permanent holder Or occupier on whom a notice is served under sub-section (1), namely may- (i) prefer an objection in writing before the date specified in the notice: (ii) If he desires to be heard in person, appear before the Executive Engineer on such date; (iii) State, whether he would execute the work himself or would prefer it to be executed at his cost by the State Government. (4) The Executive Engineer shall, after considering the objections that may be received, hearing the persons as may appear before him, and such further enquiry as he may deem necessary, pass orders specifying therein; (i) The nature of the work to be undertaken; (ii) The names of the permanent holders or occupiers required to undertake the work; (iii) The period within which the work should be completed; Provided that where not less than half of the permanent holders and occupiers on whom a notice Is served under sub-section (1) have expressed their willingness for the work being undertaken at their cost by the State Government, the Executive Engineer may undertake the work and if so, the order shall state accordingly. (5) A copy of the order under sub-section (4) shall be served upon every permanent holder or occupier to whom it relates and shall be published in such other manner as the Executive Engineer may deem fit. Section-75 B,D] M.P. Irrigation Act, 1931 [53 (6) Any person aggrieved by the order of the Executive Engineer mav prefer an appeal to the Collector within 30 days from the date of the order and the provisions of sub-sections (4) and (6) of section 23 shall apply to such appeals. Subject to the decision in the appeal the order of the Executive Engineer under sub-section (4) shall be final. (7) No appeal under sub-section (6) shall require to be stamped. 75-C. Apportionment and recovery of expense. Where work undertaken by Executive Engineer. - Where the work is undertaken by the Executive Engineer in pursuance of the proviso to sub-section (4) of section 75-6, he shall apportion and recover the expenses incurred in execution of the work in the manner laid down In sub-section (4) of section 75-D. 75.D Permanent holder or occupier to comply with the order of Executive Engineer. - (1) Unless the Executive Engineer has, in pursuance of the proviso to sub-section (4) of section 75-6, undertaken to execute the work, every permanent holder or occupier who is required to undertake the work under the said sub-section shall, subject to orders of the Collector in appeal, if any, undertake and complete the work in accordance with the order as passed by the Executive Engineer. (2) If out of the permanent holders Or occupiers named in the order, the work is undertaken and completed by some of them they shall on completion of the same report the matter to the Executive Engineer stating therein the total expenses incurred in the execution of the work and the contribution of each towards the expenses so incurred. Section-75-D,E] M.P. Irrigation Act, 1931 [54 (3) On receipt of the report under sub-section (2) the Executive Engineer shall in the prescribed manner apportion the expenses amongst the persons named In the final order under section 75-B with due regard to the benefit likely to be derived by each of them from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer, within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue. The amount so recovered shall be distributed amongst the persons to whom it is due. (4) If the work is not undertaken or is not completed within the period specified for the completion of such work Or is not executed in accordance with the approved plans and specifications, the Executive Engineer may cause the work to be undertaken, completed or properly executed at the expense of the permanent holders or occupiers concerned, and where two or more persons were required so to undertake the work, shall apportion the expenses incurred in doing so among such persons, in such manner as may be prescribed with due regard to the benefit which each of them is likely to derive from the work. If any person fails to pay his contribution towards the expenses as determined by the Executive Engineer within the time specified in the order, the amount of such contribution shall be recoverable from him as an arrear of canal revenue. 75-E. Maintenance of field Channels.-(1) Every permanent holder and occupier of land receiving supply of water from a field channel constructed in accordance with the provisions of this Chapter shall. ( i) maintain It In a fit state of repairs; Section-75-E,F] M.P. Irrigation Act, 1931 [55 (ii) Allow the use of it to any person entitled to take water there from; (iii) Construct and maintain all works necessary for the passage across such field channel and for affording proper communications across it for the convenience of the permanent holders and occupiers of the neighboring land. (2) If the Executive Engineer finds that any field channel is not maintained In a fit state of repairs or any work required to be Constructed or maintained under clause (iii) of sub-section (1) is not so constructed or maintained, he may, after such notice as may be, prescribed to the permanent holder and occupier concerned, cause the field channel to be repaired or other works to be constructed or maintained at the cost of such permanent holder and occupier. (3) The expenses incurred by the Executive Engineer under subsection (2) shall be recoverable as an arrear of canal revenue from the permanent holders Or occupiers required to construct or dig field channel under section 75-8 in such proportion as the Executive Engineer may determine, in accordance with rules framed under this Chapter. 75-F. Obstruction or interference With water flowing in field channel prohibited in certain cases, - (1) No person shall except in accordance with such rules as may be prescribed. Do anything which obstruct or interferes or is likely to obstruct or interfere with the flow of water in any field channel. (2) It any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six Section-75-F,H] M.P. Irrigation Act, 1931 [56 months or with fine which may extend to one thousand rupees Or with both. 75.G. Bar of suits and proceedings. - (1) No suit or other legal proceedings shall lie against the Government, at the instance of any person: (a) In respect of any act done or purporting to be done under this Chapter: or (b) on the ground that any field channel interferes or is likely to interfere with his rights in any manner. (2) No suit, prosecution Or other legal proceeding shall lie against any officer Or servant of the government for anything which is in good faith done Or intended to be done in Pursuance of the provision of this Chapter or any rule made there under. 75-H, Power to make rules - The Government may make rules to carry out the purposes of this Chapter Chapter IX Construction and Maintenance of Private Irrigation Works