(i) the cost of acquiring the land for the purpose;
(ii) the cost of the works, if any, to be constructed for the passage across the water-course, of water or drainage which the water-course may intercept and for providing suitable means of communication across it, wherever necessary;
(iii) such other costs as may be prescribed.
(2) The cost referred to in sub-section (1) shall be apportioned among all the owners of the lands entitled to the use of the water-course in proportion to their respective extents of lands which may be served by the water-course.
3[8. Construction of water-course - After the land needed for the construction of a water-course is secured, the Irrigation Officer may get the water-course constructed or permit the persons to be benefited to construct the water-course themselves subject to such conditions as may be prescribed.]
9. Recovery of the cost of construction of water-course when it is carried out by the Irrigation Officer - (1) The Revenue Divisional Officer may order the recovery in such installments as may be prescribed, of the cost of construction of any water-course including the amount of any compensation payable or that may have been paid for the purpose, from the owners of the land served by 4 [the water-course got constructed by the Irrigation Officer] under section 8 in proportion to the extent of land owned by them as provided in the rules.
(2) Any amount due under this section shall be recoverable as an arrear of land revenue.
(3) Against any order passed by the Revenue Divisional Officer under sub-section (1), an appeal shall lie 5 [within thirty days from the date of communication of the order] to the District Collector whose decision thereon shall be final.
10. Discontinuance from the construction of water-course - The Irrigation Officer, may, at any time after obtaining sanction of the Government and shall, where the Government so direct, discontinue the construction of water-course.
1 . Inserted by Act No 8 of 1966, s 4.
2 . The Land Acquisition Act, 1894 has been repealed by the Central Act No.30 of 2013.
3 . substituted by Act No 8 of 1966, s 5.
4 . substituted by Act No 8 of 1966, s 6.
5 . inserted by Act No 8 of 1966, s 6.
11. Obligation of owners of lands which receive or discharge water through water-course - (1) The owner or owners of lands which receive or discharge water through a water-course shall be bound -
(a) to maintain the water-course in a fit state of repair;
(b) to maintain all work necessary for the passage across the water course of any public road or irrigation or drainage work in use at the time of its construction and of the drainage intercepted by it.
(2) Where one or some of the owners carry out the obligations imposed under this section and any other or others of them dispute their liability to contribute, an application may be made in writing to the Irrigation Officer by any of the owners setting out the matter in dispute and the Irrigation Officer, shall make necessary inquiry into the matter after giving an opportunity to the parties to be heard and pass such order thereon as he deems fit.
(3) Against an order passed by the Irrigation Officer under sub-section
(2), an appeal shall lie 1[within thirty days from the date of communication of the order] to the District Collector whose decision thereon shall be final.
12. Right to enforce the obligation under section 11 - (1) If any of the obligations imposed by section 11 are not carried out, any Irrigation Officer duly empowered in this behalf by the District Collector may require the defaulter by notice in writing to execute the necessary work or repair within such period, as may be prescribed and in case of failure, may execute the same on his behalf.
(2) All expenses incurred by the Irrigation Officer in the execution of such work or repair shall be recoverable from the defaulter as an arrear of land revenue and where there are a number of persons in default, such recovery shall be made in proportion to the extent of land held by each of them and served by the water-course.
(3) Where a water-course is not maintained in a fit state of repair and a stoppage of the supply of water thereto is necessary to prevent such waste of water, the Irrigation Officer may stop the supply until the repairs are executed provided three days’ notice of such stoppage shall be given to the defaulter except where an immediate stoppage is considered necessary to prevent serious waste of water or damage.
(4) Against any order passed by the Irrigation Officer under this section, an appeal shall lie within thirty days from the date of communication of the order to the District Collector whose decision thereon shall be final.
13. Protection of action taken under the Act - No suit, prosecution or other legal proceeding shall lie against any officer for anything which is done, or intended to be done in good faith, in pursuance of the Act or the rules.