Chapter II CONSTRUCTION OF CANALS AND WATER-COURSES

When the '[3(State) Government] has notified in this behalf any natural channel, lake or other collection of water, no person shall, withoutpermission previously obtained in the mer prescribed m the section next following, construct a canal intended to be fed hm any such channel, lake or other collection of water :

Application for permission and procedure thereon

1. (1) Any person desiring to construct a canal intended to be fed from any source of supply which has been notified by the '['(State) Government] wder section 4, my apply, in writing, to the Collector, for the permission presmibed in that section.
2. (2) E~ve~y application under sub-section
   • (I) shall be in such fm and shall contain such particulars as the 3[State]

Power of Collector to construct canal from notified source of supply

1. (I) When a source of supply has ken notified by the "(State) Governnlent] under section 4 and the Collector considers hat the construdion of a canaI to be fed therefrom will be advantageous, he shall give notice by general proclamation to all persons interested of his intention to construct such cand. (2) IF no objection to the construction ofsuch canal shall havc been preferred within a period to be specified in the notice undersub- section ( I), or if aiy such objection has been prefened within the said period, but has been finally over-ruled, the Collector may proceed to construct such canal. (3) The provisions of sections 50 and 63 shdI apply to all proceedings of the Collector under sub-section ( 1) of tbis section and under the preceding section, and the powers conferred upon the Collector by this and the preceding section shall be exercised subject to such sanction as the '[State]

Power to prohibit the unauthorized construction of and to close unauthorized canal

1. (1) If any person, without the permission necessary under sections 4 and 5 of this Act, or contrary to any of the conditions of such permission, commences to construct or proceeds with the construction of any canal, the Collector may, at any time, by order in writing, prohibit such person, and, by general proclamation, all other persons, 6om continuing the construction thereof : Provided that, unless i11 the case of a construction which would materially extend the area irrigable by a canal, no such order or proclamtion, as the case may be, shall be made or issued in respect of any canal which, at the time when it is proposed to make or issue such order or proclamation, has been used for irrigation for a period of three years without interruption, other than such as was due to natural causes beyond the control of the person aforesaid. (2)

If any person shall, at my time after the commencement of this Act, construct a canal without the permission necessary under sections 4 ad 5 ofthkAct, the Collectar may, \ith the previous sanction of the '[State] Government, cbse it md shut off the supply of water thereto, mdmayfurther, by orderin writing, prohibit such person, and, by general proclamation all other persons. from maintaining, repairing or eno owing such canal or continuing to use the water thereof

1. (1) Subject to the conditions, if any Imposed or agreed to by the '[State] Govment such Government may assess and levy water- dues in respect of- (i) canals made after the commencement of this Act; (ig) canaIs made before the commencement ofthis Act- (a) when the right to, or question of water-dues has been expressly reservcd by such Government, or (h) when the conditions upon which the owner of the canal has been allowed to use the water have been agreed on for a term and that term has expired, or
   • (c) when such water-dues already levied at the commencement of this Act. (I?) The demand on accont of water-dues shall lx assessed for a term of years, and shall be limited to an amount not exceeding one-quarter of the net profits which are lkely to accure to the owner of the cmaI during that term.