(1) Whenever it appears to the Executive Engineer, or to Pqwer to impress labour any Sub-Division al Officer acting under his general or special in emergency orders in this behalf, that, unless some work is immediately executed, such serious damage will happen or continue to any canal as is likely to e~. use or continue to cause serious public injury or serious interruption of the normal course of irrigation, and that the labour necessary for the proper execution there of canot be obtained in the ordinary manner in time to pre vent such injury or interruptiori or to remedy it within a reaso nable time, the Executive Engineer,oranySub-Divisional Officer acting under the said orders, may by public proclamation by beat of drum, require every permanent holder and occupier of irrigable land resident in any village within five miles of the place where the work is to be executed, and every ,,gricultural labourer employ ed by them, to attend in person at such place and to carry out such duties as may be allotted to them.
(2) If, in the opinion of the Executive Engineer, or of any Sub-Divisional Officer acting under the said orders, the amount of labour likely to att,nd in pursuance of an order under sub section ( l) is not sufficient, he may at any time in like manner . and subject to the same conditions, issue a like order requiring tne attel1ll..inc [of all pctsons]l resident within five miles of the plaee where the work is to be executed.
(3) The rates or wages to be paid for such ,vork shall exceed those current in the neighbourhood for similar ,sork, and any person attending in compliance which the proclamation shall be paid for the whole period during which he is thereby preven t,cd from following his ordinary occupation.
~ (4) No person shall be required to carry out any duties under this s,'.stion for which such person is unfitted by rer,son of agc,sex [or bodily infirmity.]2 l. Sabs by M. P. Act 2 of 1953. S. 2 (1) for "of all cultivaters or of all agricultural labourers, or of both".
'2. Sub,. by S. 2 (ii).i bid for '·bodily infirmity of social position" 78 THE MADHYA PRADESH IRRIGATION ACT, 1931
CHAPTER -V TI-IE SCPPLT OF TVATER FRO.NJ CANALS .UvD CHARGES THEREFOR Purpose for which water 37. (1) ·water mav be supplied from <i- canal - map be supplied. · Reduction or remission or charges for supply of water.
Submerging tank.
(a) under an irrigation agreement, in accordance with the provisions of Chapter VI ;
( b) on demand, for the irrigation of specified areas ;
(c) to supplement a village tank ;
(d) for industrial, urban or other purposes not con nected with agriculture ;
(e) for the irrigation of a compulsorily assessed arca.] 1 _ _ (2) Charges for the supply of water under clause (a), [ (b), (c) or (e) J2 of sub-section (1) shall be paid at such rates as !illay be fixed by the State Government in accordance with rule~ made under this Act.
[37-A. Notwithstanding anything contained in this Act or the rules made thereunder, the State Government may, by notification, reduce ,or remit the whole or any part of the charges for the supply of water under sub-section (1) of section 37.]3 _ [37-B. (1) The State Government may, on an appli cation made by not less than fifty per cent of the permanent holders and occupiers of land in any particular area for constuc tion; of a submerging tank in that area, undertake the construc tion• of such tank at the cost of the Government subject to such terms and conditions as may be prescribed.
(2) "\'\There the State Government undertakes to cons struct a submerging tank under sub-section (1 ), the terms and conditions prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of ]and likely to be cover ed by the submerging tank irrespective of the fact whether they are signatories to the application or not.
: (3) 'Where submerging tanks constructed and maintained by the State Government ate in existence prior to the commence ment of the Madhya Pradesh Irrigation (Amendment) Act, 1973, the terms and· conditions prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of lands covered by the submerging tank.
(4) The Canal Officer or any other officer authorised· for execution for the purpose of this section shall during the period between 15th September and 1st October every year, in the pre scnd: of t1Je permanent hoJders and occupiers or their representa tives-fin-interest mark out the land actually submerged under water of the submerging tank in the vmage map by a contour line and obtain signatures on the map of the permanent hoders and occupiers or their representatives-in-interest present on the spot.
!. Jn5. !,y C. P. and Berar Act 11 rf E45, S. 3 (i).
2. Sub. by S. 3 (ii), ibid, fo, "(b) or (c)" 3, Iris. by C. P. and Berar Act 55 of 1948, S. 4.
• 1HT MADHYA PRADESH IRRIGATION ACT, 1931
(5) The permanent holders and occupiers of lands with in the contour line on the map sh~ll l:c liable to pay water-rate at such rates as may be determined by rulcs.]1