(1) Every person shown in the statement prepared under section 13 90[ or 13A ] as liable to maintain and repair work shall, to the satisfaction of 91[ the Divisional Soil Conservation Officer ] 92[ or the Company Officer ] and within such time as the said officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement.
(2) If such person fails to maintain or repair the work within the time fixed by 91[the Divisional Soil Conservation Officer] 92[ or the Company Officer] under sub-section
(1), 91[the Divisional Soil Conservation Officer] 92[ or the Company Officer ] shall himself get the work maintained or repaired and the cost of so doing shall be recovered from the person.]
93[(3) If 91[ the Divisional Soil Conservation Officer ] 92[ or the Company Officer ] is of opinion that an emergency has arisen and that the immediate repair of any work referred to in sub-section (1) is necessary in the general interest, he shall carry out such repair and the cost of such repair shall be paid by the owner of the land on which the repair has been carried out.
(4) 91[ The Divisional Soil Conservation Officer ] 92[ or the Company Officer ] shall, as soon as practicable, make report to the 94[ State ] Government 95[ or the Company] regarding such repair.]
CHAPTER V.
MISCELLANEOUS.
Obligation of persons to maintain and repair works.
Gujarat Land Improvement Schemes Act, 1942.
11 of 18 96[15. Any amount or instalment thereof payable under sections 11, 12 97[ or 14 ] which is not paid on the date when it becomes due under this Act shall be deemed to be an arrear of land revenue due on account of the land for the benefit of which the Scheme has been sanctioned under this Act or the work is or repairs are carried out and shall be recoverable as such arrear by any of the methods 98[99[provided in the Code.]]] 100[15A. The amount or instalment thereof due from any owner in respect of land payable under section 11, 12 or 14 to the Company shall, subject to the prior payment of land revenue (if any) due to the State Government thereon, and subject to the provisions of section 7 of the Gujarat Agricultural Credit, (Provision of Facilities) Act, 1979 be a first charge upon that land to which every other charge created in respect of that land shall be postponed, and such amount or instalment may be recovered according to the provisions of section 15B.
15B. Where any amount or any instalment thereof payable to the Company by or under this Act is not paid on the date when it becomes due,
(a) and the claim is not disputed, the Company Officer may send to the Collector a certificate under his hand indicating therein the sum winch is due to the Company or is claimed by the Company, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as arrear of land revenue;
(b) and the claim is disputed, it shall be referred to an officer authorised in this behalf by the State Government for the purpose; and such officer shall after making such inquiry as he deems fit, and after giving to the person by whom the amount is alleged to be payable an opportunity of being heard, decide the question; and the decision of such Officer shall be final; and there upon the amount, if any, determined to be due to the Company may be recovered in the manner provided under clause (a) as if the claim is not disputed.