(1) The Divisional Canal Officer, or other person authorized by the State Government in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.
(2) If within the time so fixed, such person does not comply with the order, the said Canal Officer may himself remove or modify the obstruction; and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal or modification, such expenses shall be recoverable from him or his representative in interest as arrears of land revenue.
40. The provisions contained in sections 13 to 21 shall apply mutatis mutandis to field drains.
41. Whenever it appears to the State Government that any drainage works are necessary for the improvement of any lands, or for the proper cultivation or irrigation thereof or that protection from floods or other accumulations of water or from erosion by a river is required for any lands, it may cause a scheme for such drainage works to be drawn up and published by the Divisional Canal Officer, together with an estimate of its cost which the State Government proposes to defray, and a schedule of the lands which it is proposed to make chargeable in respect of the scheme.
42. The persons authorized by the State Government to draw up such schemes may exercise all or any powers conferred upon the Canal Officers under section 8.
43. The cost, other than that which is to be defrayed by the State Government, in respect of such scheme, may be charged from the owners of all lands made chargeable under section 41 in accordance with rules made by the State Government in this behalf. Such cost either wholly or in part, may be recovered in kind of land or labour in the manner prescribed by rules made in this behalf.
44. Any sum certified by the Divisional Canal Officer to be due under section 43 and which remain unpaid after the expiry of the period during which it was payable, shall be recoverable from the owner liable for the same as if it were an arrear of land revenue.
Power to remove obstructions after prohibition.
Provisions regarding field drains.
Preparation of schemes for works of improvement.
Powers of persons employed on such schemes.
Rate on lands benefited by works.
Recovery of rate.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 27, 2023 (PAUSA 6, 1945 SAKA) 68
45. Whenever, in pursuance of a notification made under section 38, any obstruction is removed or modified or whenever any drainage-work is carried out under section 41, all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction or the construction of such work may be made before the Collector and he shall deal with the same in the manner provided in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013.
However, no compensation shall be paid to any illegal structure which is constructed without any approval from any competent authority of the State Government.
46. No such claim shall be entertained after the expiry of one year from the occurrence of the loss complained of, or unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
PART VIII JURISDICTION