Power to make grants or loans for construction of private irrigation works

Subject to rules made under this Act. The State Government may make a grant or loan of money to a permanent holder towards the cost of the construction or improvement of a private Irrigation work. 76-A. Grant of permission to permanent holder to construct dam etc., in any river, natural stream etc. - (1) Any permanent holder designing to construct a dam or any other work of similar nature in any river, natural stream, natural drainage channel, lake or other naturl1l collection of water as part of a private irrigation work or a grant in aid Irrigation work, may apply In writing in the prescribed form to the State Government through the Collector for such permission to construct such dam or work. (2) If after making such Inquiry as the Collector thinks lit, he is satisfied that application is in order, he shall call public notice of such application to be given at convenient places in the village and to publish in such newspapers as he considers necessary. (3) Such notice shall state the prescribed particulars and shall require all persons having interest in such waters to appear personally or by agent before the Collector at any time and place therein mentioned (such time not being earlier than thirty days after the date of publication of notice), and to state the nature of the respective interest in the water In respect of which permission is sought and objection, if any. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (4) On the day so fixed or on any other day to which the enquiry may be adjourned, the Collector shall enquire into the respective interests of the persons who appear before him and the objections made to grant of permission if any. (5) After completing such enquiry, Collector shall forward to the State Government the application together with the papers of the Inquiry and his report. The State Government may, thereupon either refuse the application or grant the necessary permission in the prescribed form subject to such conditions, as it may deem fit Including the condition: where necessary regarding payment to the person who In It opinion of the State Government Is entitled to it, for the water likely to be appropriated by the permanent holder at are not exceeding the rate which the permanent holder would ha' been required to pay If the same quantity of water had similar circumstances been given to the permanent holder fro any canal maintained by Government. (6) The decision of the State Government, granting refusing such application or imposing conditions including t conditions regarding the rate at which payment for water like, to be appropriated by the permanent holder is to be ma shall be final and conclusive. (7) Where the State Government decides to Impose condition regarding payment for the water likely to be appropriated by the permanent holder, the payment of the amount. fixed under such condition to the person declared by , State Government to be entitled to it shall be a full discharge of the State Government and the permanent holder from liability In respect of such payment, but shall not prejudice, rights in respect of the right to receive such payment to which any other person may be entitled by due process of law enforce against the person to whom payment Is made as aforesaid, Section-76,77] M.P. Irrigation Act, 1931 [59 (8) Any sum payable under any condition attached the permission under this section which remains unpaid on the day following the date fixed in that behalf shall recoverable as arrears of land revenue. (9) No claim for compensation shall lie against Government In respect of anything done by the State Government under this section and no claim for compensation s lie against the permanent holder in respect of any ac taken In accordance with the permission received by him ex, as provided In sub-section (5) of section 90.