All sums recoverable by the State Government under any of the provisions 01 this chapter or recoverable by Irrigation panchayats under section 69 may be recovered as arrears of land revenue.
75, Powers to make rules.-Rules be made under this Act
(a) prescribing the forms of water-course contracts;
(b) Regulating the procedure of canal officers in discharging their duties under this Chapter;
(bb) determining under section 68-B the liability of permanent holders and the manner in which it shall be discharged;
(c) Prescribing the liabilities 01 permanent holders and occupiers of land under section 69 ; and
(d) prescribing the circumstances in which the assessment in a compulsorily assessed area may be cancelled.
1-3. Inserted vide M. P. Irrigation (Amendment) Act, 1975 (No. II of 1945).
2. Inserted vide M. P. Irrigation (Amendment) Act, 1949 (No. 25 of 1949).
Section-75-A,B] M.P. Irrigation Act, 1931 [51 Chapter VIII-A Construction and Maintenance of Field Channels 75-A. Power to apply provison8 of this Chapter. – The provisions of this Chapter shall apply to such area and from such date as the State Government may. by notification, appoint and different dates may be appointed for different areas.
75-B. Power to require permanent holders & occupiers to construct or dig field channels. –
(1) If the executive Engineer considers It expedient Or necessary in the interests 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 with 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 not be required to undertake the work specified in the notice.
(2) The notice under sub-section (1) shall state the place where the plans and specifications of the work as approved by Executive Engineer may be inspected and shall be in such form as may be prescribed.
1. Chapter VIII-A has been added, -vide M. P. Irrigation (Amendment) Act) 1960 (No. 23 of 1960).
Section-75,B] M.P. Irrigation Act, 1931 [52
(3) Any permanent holder Or occupier on whom a notice is served under sub-section (1), namely may-
(i) prefer an objection in 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 himself or would prefer it to be executed at his cost by the State Government.
(4) The Executive Engineer shall, after considering the objections that may be received, hearing the persons as may appear before him, and such further enquiry as he may deem necessary, pass orders specifying therein;
(i) The nature of the work to be undertaken;
(ii) The names of the permanent holders or occupiers required to undertake the work;
(iii) The period within which the work should be completed;
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 their willingness for the work being undertaken at their cost by the State Government, the Executive Engineer may undertake the work and if so, the order shall state accordingly.
(5) A copy of the order under sub-section (4) shall be served upon every permanent holder or occupier to whom it relates and shall be published in such other manner as the Executive Engineer may deem fit.
Section-75 B,D] M.P. Irrigation Act, 1931 [53
(6) Any person aggrieved by the order of the Executive Engineer mav prefer an appeal to the Collector within 30 days from the date of the order and the provisions of sub-sections (4) and (6) of section 23 shall apply to such appeals. Subject to the decision in the appeal the order of the Executive Engineer under sub-section (4) shall be final.
(7) No appeal under sub-section (6) shall require to be stamped.
75-C. Apportionment and recovery of expense. Where work undertaken by Executive Engineer. - Where the work is undertaken by the Executive Engineer in pursuance of the proviso to sub-section (4) of section 75-6, he shall apportion and recover the expenses incurred in execution of the work in the manner laid down In sub-section (4) of section 75-D.