(1) The Divisional Canal Officer, or other person authoriseby the State Govt. in that behalf may, after the notification undersection 62 issue an order to the person causing or having control over _any suoh encroachment to remove or modify the same Within a time to befiXed' in the nr'der.
Provided that the Divisional Canal Ofiicer may, in cases of emer-gency, remove the encroachment before the publication of notificationand the expenses incurred shall'be recoverable from the person concerned,64. (l) Whenevei- it appears to the State Government that anydrainage work excluding field drain is necessary in the interest of publichealth, or for improvement of any land or for the proper cultivationox: irrigation thereof‘ér' that protection‘from floods or other accumu-lation of Water or injurious salts or"from erosibn by a river, is requiredfor any lands, the Staté Government may by'nOtification declare thatthe drainage work shall ’be 'constructed after a day to be named in thesaid notification, not being earlier than three months from the datethereof.
(2) As soon as practicable after the issue of a notification undersub—section (1), the DiviSionaI Canal Oflicer or any ofiieer dulyempowered under this Act shall cause public notiee to be givenat convenient places, Stating that the State Government intends tocbnstrbet the) drainage work excluding field drain referred to insubésectioq (l). ‘ " ' ' (3.),- The provisions contained in Sections ll and 12 regardingthe acquisition of land for the consuuction of work shall apply,mutat/s mutandis, to" the construction of drainage work referredto. m sub—sectionfifl);
' ' 65’. (1) Notwithstanding anything'contained to the contrary insubsection (1) of section. 64, the Divisional Canal Officer maycause a scheme for field drains to be, drawn up.
* (2) Every scheme drawn. up under sub-sectiotl (1) amongstsother matters set out the “estimated cost thereof, the alignment. ot‘the 'proposed'fiel’d drain or realignment of the existing field drain,as the case may be, the particulars of the owners or occupiers to 29 he bencfitted and other persons who may be affected thereby and xkctch plan of‘ the area proposed to be covered by the scheme.
(3) The provisions contained in Sections 14, 15 and 17 to 20 almll apply mutatis mutandis to the scheme drawn up for field timins.
(4) The Divisional Canal Ofi‘icer may construct the field drains on behalf of the owners or occupiers and recover the cost pro-rata l'mm the owners or occupiers.
CHAPTER IX AWARD OF COMPENSATION
66. Compensation may be awarded in the event of only substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained :
Provided that no compensation shall be so aWarded in 1eSpect of any damage arising from— (al deterioration of climate or soil; or
(b) stoppage of amigationoor of the means of floating timber or of watering cattle,
(c) stoppage or diminution of the supply of water in consequence of the exercise of power conferred by section 3 if no use has been made of such supply Within five years immediately before the date of issue of the notification under section 3; or
(d) failure or stoppage of water in an irrigation work where such failure or stoppage is due to—~
(i) any cause beyond the control of the Divisional Canal Oflicet;
(ii) the execution of any repairs, alterations or ‘additions to the irrigation work;
(iii) any measures considered necessary by the Divisional Canal Officer, for regulating the proper flow of water in the irrigation work or for maintaining the established course or irrigation; or (N ) circumstances mentioned under clauses (a) to (g) of section 39:
ProVided further that any person who sufi'ers less from any utoppage or diminution of water supply to his lands due to any 111 the causes named in clause (d) of the preceding provision shall be entitled to .snh remission of water rate payable by him as may be authorised by the State Government.
Condition for award of compen.- sation.
Limitation for claim of compensation.
Tender o f compensation for entry, da— mage etc.
Method of awarding and assessing com- Apensation.
.2Appaal.
3O
67. No claim for compensation under this Act for any damageshall be entertained after the expiration of one year from thetime when the damage complained of commenced, provided thatthe Divisional Canal Officer on sufiicient cause shown to his satis—faction by the claimant for not making the claim within suchperiod may condone the delay, and entertain the 'claim. .