(1') No such decision 'shall be made by the Divisional Canal Officer until the applicant has paid to the person such amount as the Divisional Canal Oflicer determines to be paid as compensation L; field channel 50 transferred, together with all expenSes incidental to such transfer; ' 13
(2) In determining the compensation to he paid under this Zscction, the Divisional Canal Officer shall follow the provisions of .Ihc Land~Acquisiti0n Act. 189-4 .(Act 1. of 1:294) but he may, if ithe person to be'compensated so desiree, award such eumpensation M the form of a rent 'charge payable in respect _of the field channel transferred. ' , ‘ i _ ' " . 1 . t3) Anyfperso‘ngaggrieved by the order oF_the Divisional Canal Officer regarding compensation. may prefer an appeal to the Superintending Canal Officer Within thirt'y‘days of the order. -'lhe order of the Superintending Canal Ofiicer on such appeal shall be final.
. 28. (1) When afield chartnel‘is traneferredv to the applicant, the following rules and conditions shall be binding on him and his representative in interest, namely: ' .. , (:1) All" works neCessa ry for the pass get across such field ‘citannel, . existing .pl‘CVlO‘uS to its censurction and o‘Ftlte draii age intelcepted l'y it, and fat affording proper conrn'unications"th‘Oés it for the comen'tence of the ne'gl’boming vlardx shall be 'I' constricted by the applicant, and be maintained by him or ~ his» representativc-in-intetest to. the satisfzction of the Divi-ional Canal OfiiCer. v ’ 7» (b) In case in VthiCh a field. channel 'is transferred on the terms '5‘ of a rent charge, the applicant or his»representative-in-interest HUM". - ‘Ushall so» long as he occupies such field channel, pay 'rent for '- the same at. such rate and on such days as are determined by the Divisional Canal Officer “hen the applicant is placed . in'occupation. ‘ .
’ ' (c) The Divisional Canal Officer may,- on. the application'uf the person- entitled to‘ receive such rent or compet-sation, determihe the amount of rent .dhe tlhr assess the amOunt of such ., compensation. " ‘ " 5 V .'
" Q2)” If any field channel transferred under this A-t is dismsed for three years continuously, the riéht’ of the applicant or of his repre~ sentative in interest, to occupy such field channel shall cease abselutely.
”Y 29.- (1) Whenever vit' apgears expedient to the l‘iviséonal Canal Oflicer either on his own motion or on. the appEiCation of an owner _or occupier. that‘with a view to utilising irrigation potential created 'by' anvirrigation .WOrk, field channels Should be comtructed in any area, he may._cause .to be served on the owner or occapier concerned a notice in. the ptesc'ribed form centainihg the exact location of sluices 'or outlets on the irrigation works, and bpecifyi'ng the area ofirrigable land to be setv‘edby the sameflajhd direct them to construct Such field channels at their own cost withhi‘a specified time which shall not be more ”than six pmonths. from the datebl‘ issue of. the'notice. ' .‘ 1(2)? 1f. the owner or: occupier fails to construct the field channels “in his land as directed by the Divisional,.Canal Officer within the time prescribed under sub-secti-on 11), 'the Divisional Canal Otficer may, after giving the owner or occupier a reasonable opportunity _ of being heard, make an. orde: excluding such land from the cultu'rable command area} .. " ' ‘ i ‘ Obligations & liabilities of the transferee.
Power to require construction of field channels 8: Procedure thereof.
'Owner’s duty to maintain field channel.
Acquisition of Canal then disputed .
Prohi bition of diversion.
Preparation of scheme for qn farm De yelotvmerv.
l4
(3) Any person aggrieved by an Order of the Divisional Cane?!Officer under spb-section (2) may, within a period of" thirty daysfrom the date on which the Order was served- on him, appelfiagainst such order by the Superintending Canal Ofiice'r ;' 5
Provided that the Superintending Canal Ofiier may) admit 5i:appeal presented after the eXpiry of the period of thirty days, if he is satisfied that the applicant "had a sufficient cause for no}.
presenting the appeal within the said .period. - -
(4) 1n disposing of an appeal, the Superintending Canal Offiéefc may after giving the applicant a reasonable ot‘ponunity of being heard, pass such order on‘ the appeal as' he deems fit. The order of the Superintending Canal Officer on 'such ap'pealshall be final:
(5) The Divisional Canal Officer may co‘nstructth’e field channels at the cost of the State Government and recover the cost pro—rate from the owners or occupiers.
_ 30, (l) It Shall be the duty of owners or occupiers to maintain the field. channels in a proper state of repairs at their own cost.
(2) If the Divisional Fanal Officer is satisfied that. any field channel is not being properly maintained, he shall after pgdviding an opportunity to the owner or occupier Concerned to take such action as may _be directed by him, proceed to hazzesuch repairs made as he may consider to be suitable at the cost of the oymers or occupiers. .