(1) \Vhen under this Act any duty is to be perfomed or power is to be exercised by a canal officer, and the class of canal officer is not specified, rules made under this Act regulating the performance of such duty or exercise of such power may prescribe the class of canal officers by which it is to be performed or exercised.
(2) In addition to the above, rules may be made under this Act prescribing generally the class of canal officer who is to perform any duty or exercise any power which, under this Act, is to be performed or exercised by a canal officer.
(3) \'\'hen the class of canal officer who is to perform any duty or exercise any power under this Act is not prescribed under sub-section (I) or sub-section (2), such duty shall be performed or such power exercised by the Sub-Divisional Officer.
Power to allot duties among canal officers.
• 72 Appeals.
• THE M/\DHY,\ PRADESH IRRIGATION /\CT, J931 2'1. : ]) Save as provided for in this Act and the rnlcs made thereunder, ]JC, appeal shall lie from an order passed ll\ a Com missioner, ! Collector] 1, canal officer, or canal subordinalc.
I')) \-. The
(a) follo,1ing appeals shall lie-- if an order under section 34 is passed by a [_Collector Jl, or canal officer, to the Commis sioner;
(b) if an order under section 38 is passed by a canal officer subordinate to the Executive Engi neer, to the Executive Engineer;
(c) if an order under section 44 is passed by a canal officer, to the r Collector] I ;
(d) if an order under section 117 is passed by a canal subordinate; to the Canal Deputy Collector or Sub-Divisional Officer; and, if it is passed by a Canal Deputy Collector or Sub-Divisional Officer otherwise than on appeal, to the Executicve Engineer;
(e)
(f)
(g) if an order under section 56 is passed by a Super intending Engineer, to the Chief Engineer;
if an order under sub-section ( 1) of section G2 is passed by a [Collector] 1, to the Commissioner; and if an order Executive Engineer.
under section 73 is passed by an Engineer, to the Superintending
(3) No appeal shall lie- \ a; to the Commissioner or Chief Engineer-after the expiration of sixty days from the date of the order to which objection is made; or
(b) to the [ Collector JI, Superintending Engineer or Executive Engineer-after the expiration ofthi.rty days from the date of the order to which objection is made; or ( c) to the Canal Deputy Collector or Sub-Divisional Officer- . after the expiration of ten days from the date of the communication of the order to which objection is made:
Provided that no appeal shall iie to the [CollectorJ I against an order passed by an Executive Engineer under section 44 either after the expiration of thirty days from the date of such order or after the cutting or the crop for ,vhose irrigation the wa1er was supplied.
(4) An appeal may be admitted after the period of limita tion prescribed therefor if the applicant satisfies the appellate authority that he had sufficient cause f;r not preferring the · ppeal within such period.
l. Subs. by M. P. A. 0. 1956, for "Deputy Commissioner."
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Tlffl MADHYA PRADESH IRR1GATION ACT, 1931 73
(5) No appeal to a canal officer shall require to be stamped.
(6) No legal practitioner shall be permitted to appear in any appeal under this Act or under the rules made thereun der except in appeals before the Commissioner.
(7) Rules may be made under this Act providing for appeals from the orders of canal officers and canal subordinates, regula ting the procedure to be followed in such appeals, and prescri birn.-, periods of limitation therefor.
L)
(8) Such rules may require that specified appeals or classes of appeals shall lie only to a specified revenue officer.
24. A Commissioner may, at any time, inquire into the Revision.
propriety of any order passed by a [Collector] 1 who is subordinate to him, and any canal officer may, at any time, inquire nto the propriety of any order passed by a canal officer or canal subordinate who is subordinate to him, and may pass such order in reference thereto as he may think fit:
Provided that he shall not reverse or vary any order so as to affect adversely the rights of any private person without having given to such person an opportunity to be heard.
[25. The Canal Officer conducting an enquiry in the disch arge of his duties under this Act, or the rules made thereunder shall have the powers of a civil court under the Code of Civil Procedure, 1908 ( V of of 1908), for the purposes of receiving evidence, administering oathes, enforcing the attendance of witness and compelling the discovery and production of documents and all such proceedings under this Act and the rules made thereunder shall be deemed to be judicial proceedings within the meaning of section 228 of the Indian Penal Code, 1860 (No. 45 of 1860) ]. 2
CHAPTER-III RIGI-J TS IN 111A TER Canal officers to have certain powers of ci vii court·
26. All rights in the water of any river, natural stream or Government's right in natural drainage channel, natural lake or other natural collection water, -of water shall vest in the Government, except to the extent to which rights may have been acquired in water affected by a notification published under section 27 prior to the publication of such notification.
27. When the State Government proposes to construct a canal, it shall publish a notification declaring its intention and indicating the site of the head-works, and thereupon no right shall be acquired against the Government under section 15 or section 16 of the Indian Easements Act, 1882 ( V of 1882 ), in the water of any river, natural stream or drainage channel, lake or other natural coliection of water, any of whose waters will supply the canal when constructed.
I. Subs. by M.P. A. 0. 1956, for '·Deputy Commissioner".
2. Sub. by :M. P.Act, 42 of I 973, S. 4.
Bar of accrual of rights in water to the detriment of a projected canal.
74 Bar of accrual of rights in water to the detriment of an existing canal.
Rights to supply of water from a canal.
Compensation for damage.
Power to enter and survey, etc.
THB MADHYA PRADESH IRRIGATION ACT, 1931
28. No rights shall be acquired against the Government under section 15 or section 16 of the Indian Easements Act, 1882 (V of 1882 ), in the water of any river,. natural stream or natural drainage channel, lake or other natural collection of water, any of whose waters supply a canal existing or under construction at the commencement of this Act.
29. No rights shall be acquired against the Government, whether under section 15 or section 16 of the Indian Easements Act, 1882 (V of 1882), or otherwise, to the supply of water frotn a canal, save in accordace with the provisions of this Act or under a grant from the Government.