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Section 49

The Chhattisgarh Irrigation Act 1931State Act of Chhattisgarh · Act 3 of 1931

( 1 ·1 Where land i, held jointly by two or more cosharers in the proprietary right of a village, the consent of the Iambardar or l ambardar-gumashta appointed for such land un­ der section 187 of the Central Provinces Land Revenue Act, 191 7 ( C. P. Act, II of 191 7), 2 shall be binding on every co-sharer in respect of such land if he has received notice of the proposed agreement and has failed_, withi_n a we k . from the receipt of nmice, to lodge an obJechm m wr:ting .vlth the canal officer taking the agreement.

(2) Notwithstanding anything contained in sub-section (_l), when co-sharers holding not less than two-thirds of the in­ terest in land held jointly by two or more co-sharers in the proprietary right of a village ~r mahal have g~ven their C<?~­ sent to a proposed agreement m accordance with the provlSl­ ons of this Chapter, the consent of the co-sharers holding the remaining interest shall be deemed to have been given.

1. Subs. by C. P. Act 8 of 1935. S. 4.

2. See !iOW M. P. Land Revenue Code, 1959 (20 nf 1959).

Consent to agreement where land is in posse­ ssion of sub-tenants.

Consent to agreement where land is jointly by proprietors.

84 THE MADHYA PRADESH IRRIGATION ACT, 1931 Consent to agreement where land is held by non-resident proprietor.

Special rule when all permanent holders do not consent.

No consent to be presu­ med without previous notice.

Inclusion of wet land.

Inclusion of land Irriga­ ted by lift.

50. \Vhere land is held by a proprietor of a village who do­ es not reside in the village, the consent of the lambardar or lambardar-gumashta appointed for such land undei,:_ section 187 of the Central Provinces Land Revenue Act, 191, (C. P.

Act II of 191 7) J shall be binding on such proprietor in respect of such land if after receiving notice of the proposed agreement he fails within a week from the receipt of notice, to lodge an objectio'n in writing with the canal officer taking the agree­ ment.

5 l. When either the permanent holders of not less than two­ thirds of, or not less than 95 per cent of the permanent hol­ ders of all the irrigable land in a village, mahal or chak cul­ tivated° with crops under agreement have given their consent to a proposed irrigation agreement in accordance with the provisi­ ons of this Chapter, the proposed agreement, if accepted by a Canal Deputy Collector or by an irrigation inspector specially authorised in this behalf by the Executive Engieer, shall be de­ emed to be an irrigation agreement binding on the permanent holders of all irrigable land in such village, mahal or chak cul­ tivated with crops under agreement :

Provided that no agreement for a mahal or chak shall be accepted without the general or special consent of the State Government or of a canal officer specially authorized in this behalf by the State Government. ·

Where this provision sits

ActThe Chhattisgarh Irrigation Act 1931
Section49
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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