(1) Canal revenue payable under an irrigation agree ment, or for the supply of water on demand, or for the supply of wa:ter to supplement a [ village tank, or, for the supply of water to a eompulsorly assessed area ]2 shall fall due on such dates as may be prescribed in this behalf by ru1es made un det this Act.
(2) Canal revenue pavable for the supply of water for industrial, urban or other purposes, not connected with agri culture, shall fall due on the dates specified in the agreement relating thereto.
(3) Canal revenue payable for the unauthoried use of, or for tlie waste of, water shall fall due on the date on wh'ch de - mand is made for the payment thereof.
60. Any sum payable as canal revenue which remains unpaid on the day following the date on which it is due is an arrear of canal revenue.
61. Arrears of canal revenue shall be recoverable as arrears of land revenue.
62. [(l) In accordance with the rules made under this Act, an Irrigation Panchayat shall be established for every vill age, or chak, and at the discretion of the Collector, for a group of villages in the commanded area of the canal. Such
1. Ins. by M. P. Act 42 of 1973, S. 8.
2. Subs. by C. P. and Bcrar Act 11 of i945, S. 5, for "Vilagc tank" THE MADHYA PRADESH IRRIGATION ACT, 1931 91 ' Panchavats shall consist of a Sarpanch and two or more members elected by the premanent holders and occupiers of the land from among themselves. Such election shall be subject to the approval of the Collector, who shall have power to nominate one member to any Panchayat, and, for reasons to be recorded in writing, to dismiss any member and to dissolve any Pan• chayat subject to an appeal to the Commissioner.]!
(2) Irrigation Panchayats shall-
(b)
(c) [(a) X X X X ]2 assist the officer of the Irrigation Department in detecting and preventing encroachments on canal lands, prevent damage to irrigation works, and report any wilful damage caused to irrigation works ;
assist the officers of the Irrigation Department in arranging for the construction of water-courses, in recording and checking irrigation, and in mak• ing measurements and settling diputes;
(d) collect irrigation revenue and remit it to the treasury; and
(e) arrange for the repair of water-courses.
[(3) Irrigation Panchayat shall have power to accept from any person against whom a reasonable suspicion exists that he has committed an offence specified in rules made under this Act, a sum not exceeding fifty rupees for composition of such oflence.]3 ( 4) :Money collected by a Panchayat under sub-section ( 3) shall be expended by the Panchayat, subject to the control of the [Collector] 4 on any work of public utility in the village.
(5) A member of such Panchayat shall be deemed to be a public servant for the purposes of the Indian Penal Code.
63. Rules may be made under this Act regulating the procedure of canal officers and canal subordinates in assessing canal revenue and :n applying to revenue officers for the collec tion of arrears of canal revenue and the procedure of revenue officers in collecting canal revenue.
Power to make mies for assessment and collection.
64. All sums due to the Government for the right to ;cut Mode of recovery of grass, to graze cattle, to fish, to cultivate land, or to do other miscellaneous revenue.
acts on land or in water under the charge of the Irrigation Department shall be recoverable as arrears of land revenue.
1. Subs. by M. P. Act 42 of 1973, S.9 (a).
2. Omitted by C. P. and Berar Act 55 of 1948, S.6 (ii).
3. Subs. by M. P .. Act 42 of 1973, S.9 (b).
4. Subs. by M. P.A. 0. 1956, for "Deputy Commissioner".
THE MADHYA PRADESH IRRfGATION ACT, 1931
CHAPTER VIII CONSTRUCTION AND 1HAIJVTENANCE OF f!!'A TE'R-COUR,SES I Power to make water-cour 65. Contracts may be made in accordance with the prose contracts. v1s1ons of this Chapter whereby Government undertakes to construct water-courses and to bear the cost of construction and the permanent holders of irrigable land undertake to maintain them and to bear the cost of maintenance. Such contracts are called "water-course contracts".
Si:ope of water-course conrtacts.
Consent in ·certain cases.
";Water courses to be property of Government.
Constructions of water courses for irrigating eopulsor ily assessed area.
Construction of water.
courses for irrigating a chak.
66. W ater-coursc contracts- ( a) shall relate to the construction of water-courses for the irrigation of all irrigable land in a village, ma hal or chak cultivated with one or more specified crops; and (b' ' ) shall be made with the permanent holders of all such land in a village, mahal or chak :
Provided that, when not less than one-half of such permanent holders, holding not less than two-thirds of all such lands, have given their consent to a water course contract in accordance with the provisions of this Chapter, the proposed contract, if accepted by Government, shall be deemed to be a water-course contract made with the permanent holders of all irrigable land in the village, mahal or chak cultivated with such crop or crops.
67. The provisions of sections 48, 49, 50 and 52 shall apply to water-course contracts as if such contracts had been irrigation agreements.
68. Water-courses constructed under a water-course con tract shall be the property of the Government.
[68-A. Water-courses may be constructed by the State Gover nment for the irrigation of a compulsorily assessed area.
Sud1- water-courses shall be the property of the [Government] l but they shall be maintained by the permanent holders of land comprised in the compulsorily assessed area for the irrigation of which they are constructed and by such other permanent holders as may actually make use of them for irrigation purposes.]2 [68-B. (IJ ,vhere, in a chak not less than half a mile long or 80 acres in area, the State Government considers it expe~ient to construct water-courses, it may, notwithstanding an yt.µirg in section 66, construct such water-courses for such chak.
(2) Water-courses constructed under sub-section ( 1) shall be the property of the[Government]l but they shall be maintained by the permanent holders of the chak for the irrigation of which I. Subs. by A. 0. J '}37 for "Crown".
2. Ins. by c. P. and Berar Act 11 of 1945, S. 7.
• THE MADHYA PTIADESH. IRRIGATION ACT, 1931 such water-courses arc constructed and liy such other permanent holders as niay actually m;c:;kc use of them for irrigation puf poses.]' 2[69. Subject to the provisions · of section 68-A and _s--cction 68-B]" the Irrigation Partchayat shall, in accordance with the rules made under this Act, be responsible for the _proper maintenance of all water-courses constructed f<;ir that village . [mahal 9r chak, as the cise may be,]1 and may call upon the permanent holders and occ,,1 piers of all land whether under an agreement or within a compulsorily assessed .-irea which is or dinatily. irrigated or may , be irrigated through a w'ater-course to render assistance in maintaing it, and in c,ase of defa,µlt to pay such sums as may be assessed by the Executive Engineer.]
. 70. (1) _Notwiths~anding anything contained in th~ for gomg prov1s1ons of this Chapter, [the State Government ]" may, subject to rules made under this Act, enter in to a contract with o!1e or more of the l?ermanenJ holders of irrigable land in a village, mahal or chak whereby [the State Government] 5 un- . dertakes to construct wa.ter~eourses and the permanent holders undertake to b,ear the cost of construction and maintenance.
l ~ .,c'
(2) Whe,n land not held by a perm.1ncnt holder bound by . such contract is required for the contruction ·or a water-cours,e, • it shall be deemed to be required for a public purpose and· shall be acquired in accordance with the 'provisions of the Land Acquisition Act, 18.94 (1 of 1894). · ' .
71. · ( 1) A· water-course· constructed j4 1 [under section 68- A or section 68-B]7 o:r sect'ion 70] shall be deemded to be an improvement affecting all the land for. whose i:rrig adon the water-course was .con,structed, within the meaning of clause
(5) of section 2 of the Central" Provicneces Tenancy Act,, 1.920 (C.P. Act 1 of 1920).
(2) When any ·village servant, who has entered into a water-course contract in respect of any land in his village service holdi11;g. acquires the rights of an occupancy tenant under the provisions of section 48 of the Central Pnovinces Tenancy Act, 1920 (C. P. Act 1 of 1920) he shall be deemed to have helrl the rights of an occupancy temmt under section 52 of the sqid Act at the time he entered into the contract.
72. Whete [the State Govemm~'nt] 5 has ~onstructed waten ~01;1rses in a r':iyatwari · ~illage, it may require taiyats holding 1rngable land 1n that village to maintain such waterccourses when, in the opinion of [the State Government] 5 such raiyats are in a pPsitiQn to do so. · - J.
2.
3.
4.
~ .r,
6.
7.
----. ·-·--·-- Ins. by C P. and Berar Act 25 of 1949, S. 2.
Subs. ~y C. P. and Berar Act 11 of 1945, S. 8.
Sub. by C. P. arod Berar Act 25 of 1949, S. 3, for ''section 68-A".
Ins. by C. P. and Bera:- Act 55 of 1948; S. 7.
Subs. by A. 0. 1937, for "Government".
Subs. by C. P. and Berar Act 11 of 1945 ·s, 9 for "under S. 70".
S_ubs. by C. P. & Berar ft..ct 25 of 1949, S. 4 for '.'section 68-'-'-A".
93 • Irrigation panchayat to be responsible for main tenance ofwater-cours~ ..
Power to construct water courses at cost of perma:nant holders Water-courses to· be an improvement.
Power to require raiyats in raiyatwari village to maintain water-courses.
, .
94 Power to have water courses repaired.
Recovery of sums due to ·State Government.
Powers to make rules.
I THE MADHYA PRADESH TRRIGATJON AE'1', 1931 I I
173. If at. any time Executive Engineer considers that a wa er-course, which has been constructed under agree~ent 1 [ o under [section 68-A] or section 68-B]" or which the raiyats in aiyatwari village have been required to maintain, )s not in roper repair-.
I (a) he may. by public proclamation in the village, require that the repairs be made to his satisfaction on or before a specified date; and
(b) if the repairs are not made to his satisfaction by such cl.ate, he may stop the supply of water to the water-course; or
(c) he may cause the repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders or occupiers in proportion to the areas held by them in the land which is ordinarily irrigated or may be irrigated . under an agreement through such water-courses ;
[brovided that where a village, mahal or chak has ceased to b~ under an agreement or any ,.area has ceased to be com puls<1>rily assessed to w3,ter-rate, the State Government shall not tequire the maintenance of water-courses therein unti.l such village, mahal or chak again comes under agreement or such areal is again compulsorily assessed.]" I 71 ~. • All sums recoverable by [the State Gowrnment]' under ani' of - the provision~ of this Chapter or recvoverable by irri tion pa. nchayats und~r section 69 may be recovered as.
arre rs of land revenue. .
75. Rules may be under this Act- I (a) I (b) !
' fl(bb) Ice) ' i t(d) prescribing the forms of water-course contracts;
regulating the procedure of canal officers in dis charging their duties under this Chapter;
[ * * * * ]5 determining under section 68-B the liabilitv of . . . ,/ permanent holders and th_e manner 1n which · it s_hall be discharged ;]6 prescribing the liabilites of permanent holders and occupiers of land under section 69;
perscribing the circumstances in which the assess- ·· met?-! in a compulsorily asses5ed area may be cancelkd. J 7
1. Ins, by C. P. and _Berar Act 11 of l 945 S. IO (i).
2. Sutjs. by C. P. and Dcrat Act 25 of 1S49. S. 5 for "Section 68-A".
3. Sub~. by C. P. and Bear Act 11 of 1945, S. 10 (ii)
4. Su~ by A. 0. 1937, for "Government" .. ·
5. Wo d. _"and" omitted b.y . C. P. and Bcrar.Act 11 o.f 1945. S. l l (i).
6. Ins y C. P. and Berar Act 25 of 1949, S. 6. . • ·
7. Ins y C. P. and Berar Act 11 of 1945. S. 11 (ii).
I ' !
THE MADHYA PRADESH IRRIGATION ACT, 1931 1[CHAPTER VIII-A CONSTRUCTIONAND MAINTENANCE OJ,~FIELD CHANNELS,, 7 5-A. The provisions of this Chpatoc shall apply to, .such area and from ·such date as ·the State Government may, by noti fication, appoint· and different dates may be appointed · for different areas.
75-B. (l) If the Executive Engineer considers -it ex pedient or necessary in. the i?terests of the general public that any permanent holder or occupier of irrigable· land in a chak · should construct or dig a field channel · either singly .or jointly wih other holders or occupiers of such land, he may by a notice, call upon the permanent holders or occupiers concerned to show cause by a date not earlier than three weeks after the date of the . issue of the notice to be specified therein as to why they should n0t be required to undertake the work specified in the notice ..
(2) The notice under sub-section (I) shall state th$: place where the plans and specifications of the works as approved by he Executive Engineer may be inspected and shall be in such tfrom as may be prescribed.
(3) Any permanent holder or occupier on whom a notice is served under sub-section (I), may-, .
(i) prefer an objection }n writing before the date specified in the notice ; ·
(ii) . if he desires to be heard in person, appear before the Executive Engineer on such date ;
( iii) state, whether he would execute the work him-self or would prefer it to be -executed at his ~ost by the State Government.
,
(4) The Executive Engineer shall, • after con~idering the objections · that ~ay be receive9, hearing the persons as may appear before him, and such further enquiry as he may deem necessary, pass orders specifying thcrein-
(i) the nature of the work to he undertaken,
(ii) the names of the permancnr holders or occupiers required to undertake the work;
(iii) the period within which the work should be com pleted :
Provided that · where not less than half of the permanent.
holders and occupiers on whom a notice is served under sub section (1) have expressed thefr willingness for the work being undertaken at their cost bv the State, Government, the Executive Engine1,r may uudertakc the work and if so, the order shall state accordingly.
1. Ins. by M. P. Aci 23 of 19f0. S. 5.
95 Pc:wer to apply provisions of this C lrnr tG.
Pcwer to require perman ent holde1s and occupiers to ccmtruct or _dig fdd channels, • ..
THE MA,.DHYA PRA~~SH IRRIGATION ACT, 1931 Apportionment . and re covery of expenses where work undertali.en by Executive Engineer.
Permanent holder or occupier to comply with the order of Executive Engineer.
(5) A copy of the C;rd er un.do· ,uL-sf:ction (4) shaJi b:
st;rved upon every pcrmanenr holder or occupier w whom it relates and shall be published i1:, ,uch 01hcr m,,1,nu as the Executive Engineer may dctm fiL , (6) Any person. ;,ggrieved by the order of the Ex(cutive Engineer may pnJc:r an appeal to the Collector withi11 30 days from the d,ite ofthe order and tlic provisions of sub-scdions ( 4) and (6) __ of s_cction 23 shall apply w such· appeals: Subject to the dcc1swn m Lhe ;,ppcal, the order of the Executive Engineer under sub-section (4t ·shall be. fin;il. '
(7) No appeal under ,sub-section (6) shall require to be starµped.
I 75-C. Where the work is u11dertakcn by the Executive· E;i11_incer in ~ursuance_ of the provisio to sub-s.·cetion (4) of sedti~n
7.J-~ he slu,1 apportion and recover the expenses rncurred m the !,execution of the work in the mannc:r laid down in subsection
(4) of sectiop 75-D. · · 75-D. (I)· lJ n!es the Executive EngiP.cer has, in pur suai~ce of the provisu to sub-seeticn. ( 4) of section 75-B, under taken to execute the v,rork, · every permanent. holder or occupier who is required to undertake the work under the said subsection shall, su~jeet to _orders of the · Co!Iector in appeal, if :my, undertake ,wd complete the work in accordance with the order as passed by the Exccutve _ Engineer.
(2) If out of the permanent holders or occupiers named in til1e order, the work is undertaken and completed by some of them, they. shall on completion of the same report the matte.
· to t~1e · Executive Engineer stating therein the total expenses in· curJicd in · the execution 0f the work and the ccintribution of each towards· the expenses · so incurred.
(3) On .receipt of the report under sub-section (2)k the 1Executive Engineer shilJl in the prescribed manner, appor tion i the expenses amongst the persons named in the final order under section 75-B with due regard to the benefit likely to be derived bv ·each of them from the work. If anv nerson fails to nay, his c~ntribution toi.vards the expenses ;is de'te;mi11cd by the Exe¢utive Engineer, within the time specified in the order, the amount of snch contribution shall be recoverable from him as an arrear of canal revenue· The amount so retovcred shall be distributed amongst the persons to v,·hom it is· due.
• . (4) If the \'✓Ork is not undertaken or is not completed with in qic period specifird for the completion of such ,vork or _is not ,~xecrted in accordance with the approved plans and specification:;, the Executive Engine.er may · cause the work to be lJ.ndertaken, completed ot properly executed at the expense of the permanent holders or occupiers concerned, · :c:nd where two or more persons were required so to un.dertake the work, shall apport10n t~e expenses incurred . in doing so among such persons, m such'; manner as may· be prescribed with due regard to the benefit which each of them is likely to. derive from the < THE _MADRY A PRADESH IRRIGATION .ACT,· 1931 work. If any person· fails to pay ··his contribution towards the expenses as detx:rmined by the · Executive Engineer within the tim.e: specified in the order, the amount of such contribution shall be recoverable from him as an arrear of carial revenue.
75-E .. (1) Every permanent holder and oceupier of land Maintenance of field receiving supply. of water frcm a field channel constructed . channels.
in accordance with the provisions of this Chapter shall ~ • ( i) maintain it in a fit state of repairs;
(ii) allow tbe use of it to any p!-!-rson entitled to take water therefrom; and · ·
(iii) construct- and n,aintain all works necessary for the passage across such field ehannel and · for affording proper communications across it for the convep.ience of the permanent holders and occupiers of the neighbouring land. · . (2) If the Executive Engineer finds . that any field channd is not maintained in a fit .state of repairs of any work requir ..
. ed, to be constructed or maintained under clause (iii) of sub section ( 1) is not so constructed or maintained, he may, af- . ter • such noti<;:e · as may be. prescribed to the permanent holder and occupier concerned, cause the field channel to be repaired or other works to be constructed · or maintained at the cost of such permanent holder . and occupier.
(3) The expenses incurred by the, Executive Engineer un der sub-section (2) shall be recoverable as an arrear of canal revenue .from the permanent holders or occupiers required to construct or dig field channel under section 75-B in such pro portion as the Executive Engineer may determine, in accor dance with rules' framed qnder this . Chapter.
75-F. (1) No person shall, except in accordanc~ with such rules as :may. be prescribed, do anything which obstructs or interferes or is likely to obstruct or interfere with the flow of water in any field channel.
(2) If any person c_ontravene~ t~e. pr<?vis1ons of s~b-sect ion (1), he shall be pumshable with 1mpro1sonment which may extend to six months or with fine which may '.extend to one thousand rupees or with both.
75-G. - (1) No suit or othet legal proceedings shall lie against the Government, at the instance of any person-·· . (a) in respect of any act done or purporting to be done under this Chapter; or. · ( b ).~- on the ground that any field channel. intereferes or is likely to interefere with his rights in any manner.
. (2) . No suit, prosecution or other legal. proceedings shall lie against any officer or servant of the Government for any- Obstruction or· intetfere ~ce with ~11ter flowlg · fn field channal prohibited in certai11 cases. ' Bar of suits and proceedings.
98 rPHE. ¥ADHYA PRADESH IRRIGATION ACT, 1931 Power to make rule!l!
Power to make grants or Joans for construction of private irriga1ion works.
Grant ofpenn.ission to permanent hol~er to c<?ns truct dam, etc. m any rive . r, natural stream, etc.
thing which is in good faith .done or intended to be done in pursuance of the provisons of this Chapter or any rule made thereunder.
, 75-H. The Government may make rules to · carry out the purposes of this Chapter.]
CHAPTER IX CONSTRUC,TION AND 1'1AINTENANCE OF PRIVATE IRRIGATION ~'V ORKS . ., · 76. Suqject to rules made under this Act, the . State Government may make a grant or loan ofmoney to a permanent holder towards the cost -0f the cm1struction or improvement of a private irrigation work.
1 [ 76-A. (1) Any permanent holder desiring to construct a dam or . any other work of a similar na~ure in any river, natural str eam, natural drainage chan.nel, natural lake or other natural collection of water as part of a private irrigation work or a gqmt~in-aid 'irrigation work, may apply in writing in the prescrifed form to the State Government through the [Collector ]2 fol permission to construct such darn or work · · (2) . If,. after. making such. inquiry as the [Collector)2 thinks fit, he is sati:5fied that the application is in order, he ·shall cause public notice of such appfkation to be given at convenient places in the village and to be published in such newspapers as he considers necessary.
1 (3) Such notice shall state the p:i:€scribed particulars a.nd shall require · all persons having interest in such waters to, app ear personally or by agent before the [Co1lector]2 at a, time and place therein mentioned (such time not being earlier than thirty days after the date of publication of notice), ,and to state the nature of the respective interests in the waters in re• spect of which P!"rmission is · sought and objections, if any.
The [Collector] 2 may, in any case, require such statements to be made in writing and signed by the party or his agent.
(4) On the day so fixed, or on any other day to which· the inquiry may be adjourned, the [Collector]2 shall enquire in to the respective interets of the persons who. appear before hini and the objections .made t_o the. grant of permission, if any.
,(5) After completing such inquiry, the fCollector] 2 shall fonvard to the State Government the application together with the I papers of the inquiry and his report. Th~ State Govern- .
mcmt may, thereupon, either · refuse the application or grant the I necessary permission in the prescribed form subject to such conditions, as it may deem fit,· including the condition, where necessary, rep;anling .payment to the person who in the opin- 1 Ins by C· P, and Berar Act 50 of 1949, , S.2.
2 Subs .. by MP. A.O. 1956 for •·Deputy Coniissioner".
• THE MADHYA.PRADESH IRRIGATION ACT, 1931 ion of the State Government is entitled to it. for the water likely to be appropriated by the 'permanent·'nolder at a rate 'i/> not exceeding the rate which the permanent holder would have been required to pay if the same quantity of water had in simi lar circumstances been ~ven to the ;)er_rnanent holder from .any canal maintained ~y Government.
:6) The decision of the State Government, grant: g or re fusing such application or imposing condit'ons including the condition regarding the rate at· wh ch paymen( fo · water Eke- 1,y to be appropriatced by _the permanent holder is to be made shall be final and concluslVe.
(7) Where the Stat'e Government decides to impose a con dition regarding ,pa;·ment for the water likeiy to be appropriat ed }.)y the permanent holder, the payment of the amount fixed under such condition to the person declared bv the State Govern ment to be entitled to it shall be a full discharge of the State Government and the permanent holder from all liabilitv in re spect of such payment, but shall not prejudice any rights in re, spect of the right to receive such payment to_ which any other person may be entitled by due process of '.aw to enforGe against · the person to whom payment is made as aforesaid. .
(8) Any sum p~yable under aU:y . condition attached to the permission under this section which remains unpaid on the day following the date fixed m that behalf shall be recoverable as arrears of land revenue.
(9) No claim for compe~sation shall lie against' the [Govern• merit J1 in respect of anythmg done by the State Government.
under this section and no claim for compensation shall lie against the per~anent holder: i!1• respe1:;t of any ~ction taken .in ae:cor dance with the permissi~n received by him except as provided in sub-sectiQn (5) of.sect10n 90.J ' 99
77. Where any grant-in-aid· irriga\ion work has been con• structed or improved by or on behalf of a permanent holder he and his representatives-in-interest shall, in accordance · with rules made under this Act,, keep such work fit for the pur pose for which it. was constructed or. improved. If such· work is .at any time· or m any manner rendered up.fit or appears like ly to be rendered_ un~t ~or :~uch purpose, the permane_nt holder or his represeri.tat1vc~-m~mterest shall .at once ~eport th_e matter to the Executive Engmeer and shall carry out such repairs as the [Collector )2, on consideration of the Executive." Engineer's report, may prescribe. ~f the permcinent holder or his re presentatives~in-intercst fails to ma~e _such, a _report or to comp ly with the [Colle~tor's]2 order wlt~m such time as the [Collec •tor J2 may specify, thc·grant rec~1ved from [the State Govern ment }3 for that work :nay_ b? recove~ed fn?m _the permanent holder or his reprcsentatrves-m-mtercst m such mstalments and with such- interest as may have been agreed upon between the Power to enforce main tenance of grant-in-aid irrigation• works.
•
1. Subs. by A.O. 1950, for ".Crown"
2. Sud. by M.P. A.O. 1956 for "Deputy Commissioner''.
3. Subs. by A.O. 1937, for "Gove.rnment" · 100 THE MAf>HYA PRADESH IRRIGATION ACT, 1931 I . .
Applications for acquisi tions of land for g:rant in-aid irrigation w orlcs.
Demarcation of land required for grant-in-aid irrigation works and estimate of cost.
Power of State Goernmnt to direct acquisition of land for grant-in-aid irrigation works.
Acquisition of land for· grant-in-aid irrigation.
works.
Applications for acquisition of land for private irriga tion works. ' pjemanent holder and [the State Government]! at the time w en such grant was received by him. Any sum so due which .
· re ains . unpaid after the date fixed for its repayment shall be re ve,rable as an arrear of land revenue. · ' '78. Any permanent holder who desires to construct a pri vai· irrigation . wotk, towards the construction of which [the St te Government ]1 has sanctioned a grant or loan of money, an to acquire for such purpose the land of anothr may apply in . riting to [the State Government]! through the [Collector],2 sta ng-
(a) that he has endeavoured unsuccessfully .to. acquire the land; and ·
(b) that he desires the [Collector]2, on his behalf and at his cost, to acquire the land for him under this Act.