(1) Whenever it appears to an Irrigation officer that unless improvement and repair is immediately done to an irrigation work it will suddenly cause serious loss to the public or that unless some clearance of a canal or other irrigation work which is necessary in order to maintain the Taxes recoverable in addition to penalty.
Tax for percolation and leakage.
Procedure for obtaining labour for repair and works of construction urgently required.
[Act No.XXIV of 1357 F.] 13 established course of irrigation or drainage is immediately executed, serious public loss with occur; and that the labour necessary for the proper execution of such repair, clearance or other work cannot be obtained in the ordinary manner within the time necessary for execution of the same so as to prevent such loss, it shall be lawful for the said officer to require the Patel or Patels of the village or villages in the vicinity, to call upon all or any of able bodied male persons who reside or occupy any land in or near the place where such work, repair or clearance has to be executed, to assist in the execution of same by their own labour, in accordance with the direction of the said officer or the person authorised in writing by him in this behalf.
(2) A person authorised under sub-section (1) shall be deemed to be a Government servant within the meaning of the Indian Penal Code, 1860.
(3) Any order made under this section shall be immediately reported to the Collector.
36. All persons required under section 35 and have laboured by day or have been detained for this purpose shall as soon as possible and in any case within fifteen days from such requisition, be paid by the Irrigation officer for their labour and detention at twenty five to fifty percent in excess of the rate of wages for the time being prevailing in the locality. If the persons are required to work or be detained at night, wages shall be paid at twice the said rate.
PART VII.
SAFEGUARD OF IRRIGATION WORKS.
37. Except in the prescribed manner, no person other than the Irrigation officer shall be authorised without the written order of the Government to,- Payment of wages.
Limitations in respect of Irrigation works.
Central Act 45 of 1860.
14 [Act No.XXIV of 1357 F.]
(a) divert or interfere with the course of a natural stream, or
(b) construct a kunta or tank on any natural stream, or
(c) construct any earthen or masonry bund or weir on channel or stream, flowing above or below any watercourse.
38. No person shall interfere with or obstruct the proper functioning of the various cross drainage works of Irrigation works, namely culverts, water-courses, super-passages, syphons, weirs and allied works constructed for the safety of the canal or channels, without the express written permission of the Irrigation officer.
39. Save in the prescribed manner, no tank or kunta or bund shall be constructed on a cross-drainage specified in section 38, nor shall any breached tank, kunta or bund be repaired, nor shall any existing tank, kunta or bund be extended or raised without the order in writing of the Government.