(1) Any person desiring that a field channel should be transferred from its existing owner to him may apply in writing to the Assistant Executive Engineer, if he––
(a) has failed to procure such transfer from the owner of such field channel ;
(b) undertakes to bear the cost and to do all things necessary for procuring such transfer ; and
(c) has sufficient means to defray the cost of such transfer.
(2) If the Assistant Executive Engineer is satisfied that the said transfer is necessary for the better management of the irrigation from such field channel and that the statements in the application are true, he shall call upon the applicant to make such deposit as he considers necessary to defray the cost of the preliminary works and the amount of any compensation that may become due under the provisions of section 46 in respect of such transfer, and upon such deposit being made, he shall affix a notice of the application at a conspicuous place in the every village, and shall send a copy of the notice to the Tehsildar of every Tehsil, through which such field channel passes.