(1) Whenever It appears to the Executive Engineer, or to any Sub-Divisional Officer acting under his general or special orders in this behalf, that, unless Section-36] M.P.IrrigationAct,1931 [19 some work is immediately executed, such serious damage will happen or continue to any canal as is likely to cause or continue to cause serious public injury or serious interruption of the normal course of irrigation -and the labor necessary for the proper execution thereof cannot be obtained in the ordinary manner In time to prevent such Injury or Interruption or to remedy It within a reasonable time. -The Executive Engineer, or any Sub-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 (8 km) of the place where the work is to be executed, and every agricultural laborer employed 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 labor likely to attend in pursuance of an order under sub section (1) is not sufficient, he may at any time In like manner and subject to the same conditions issue a like order requiring the attendance of all cultiva10rs or of all agricultural laborers or of both resident within five miles (8 km) of the place where the work is to be executed.
(3) The rates of wages to be paid for such work shall not exceed those current in the neighborhood for similar work, and any person attending in compliance with the proclamation shall be paid for the whole period during which he is thereby prevented from following his ordinary occupation. (4) No person shall be required to carry out any duties under this section for which such person is unfit by reason of age, sex or bodily informity or social position Section-37-A] M.P.IrrigationAct,1931 [20 Chapter V The Supply of Water from Canals and Charges there for.
37. Purpose for which water day be supplied,
(1) Water may be supplied from a canal:
(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 connected with agriculture 1 [(e) for the irrigation of a compulsorily assessed area.
(2) Charges for the supply of water under clause (a), (b), (c) 2[or (e)] of sub-section (1) shall be paid at such 3{rates as may be fixed by the State Government in accordance with rules made under this Act.
37-A. Reduction or remission of charges for supply of water.- Notwithstanding anything contained in this Act or the rules made there under, the State Government may by notification, reduce or remit the whole or any part of the charges for the supply of water under subsection (1) of section 37.
1 & 2. Inserted vide Section 3 of M. P. Irrigation (Amendment) Act, 1945 (No. XI of 1945).
Section-37-B] M.P.IrrigationAct,1931 [21 4 [37-B. Submerging tank.- (1) The State Government may on an application made by not less than fifty percent of the permanent holders and occupiers of land in any particular area for construction of a submerging tank in that area, undertake the construction of such tank at the cost of the Government subject to such terms and conditions as may be prescribed.
(2) Where the State Government undertakes to construct 8 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 land likely to be covered 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 are in existence prior to the commencement 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 authorized for execution for the purpose of this section shall during the period between 15th September and 1st October every year, in the presence of the permanent holders and occupiers or their representatives-in-interest
2. Section 37-B has been substituted vide Section 5 of M. P. Irrigation (Amendment) Act, 1973 (No. 4-2 of 1973).
3. Schedule of water rates approved by Gave may be seen at the end of this Act Section-37-39] M.P.IrrigationAct,1931 [22 mark out the land actually submerged under water of the submerging tank in the village map by a contour line and obtain signatures on the map of the permanent holders and occupiers or their representativein-interest present on the spot.
(5) The permanent holders and occupiers of land within the contour line on the map shall be liable to pay water rate at such rates as may be determined by rules.