(1) Where the transfer of any water course or of any land or interest in land required for the construction of a water course is directed by an order, made under section 16, upon payment of compensation, the Collector shall, on the application of any person affected by such order, proceed to determine the compensation under the provisions of the Land Acquisition Act, 1894; but he may, if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land or water course occupied or transferred.
(2) If any sum or rent-charge awarded under sub-section (1) is not paid when lawfully demanded by the person entitled to receive the same, the amount shall be recovered by the Collector as if it were an arrear of land revenue, and shall, when recovered, be paid by him to the person entitled to receive the same.
187 [The United Provinces Minor Irrigation Works Act, 1920] [Section 40-46] Compensation for damage caused by entry under section 16 (1)
(d) Act I of 1894
40. In every case of entry under clause (d) of section 16 (1) upon any lands adjacent to a minor irrigation work for the purpose of preventing or remedying the effect of any accident to the work, the officer in-charge shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. If such tender is not accepted, the officer in charge shall refer the matter to the Collector, who shall proceed to award compensation for the damage as though the [State Government] 2 had directed the occupation of the lands under section 35 of the Land Acquisition Act,
1894.
Compensation for damage caused in other cases
41. Where any damage, other than damage of the description referred to in sections 9, 16 (2), 38, 39,(1) or 40 is caused to a person by the exercise, with reference to a minor irrigation work, of any of the powers conferred by this Act, the officer in-charge of the work shall, subject to any rules made under section 47 in this behalf, tender reasonable compensation to the person sustaining, the damage and, in case of dispute as to the sufficiency of the amount tendered, he shall forthwith refer the matter for decision to the Collector, and such decision shall be final.
Limitation of claims for compensation for damage
42. No claim for compensation for damage under this Act shall be made after the expiration of one year from the accrual of the damage, unless good cause is shown by the claimant for not making his claim within that period.
Bar to suits against officers
43. No suit or other legal proceeding shall lie against any officer of [the Government] 1 or person acting under the directions of an officer of [the Government] 1 for anything done or intended to be done, in good faith under this Act.
Power to summon and examine witnesses Act V of 1908
44. Any officer empowered by or under this Act to conduct any inquiry or to assess compensation may exercise all such powers connected with the summoning and examining of witnesses as are conferred on civil courts by the Code of Civil Procedure, 1908, and the inquiry or proceeding shall be deemed a judicial proceeding.
PART VII MISCELLANEOUS Vesting or work
45. Every work shall be deemed to be vested in the persons or authority for the time being entrusted with the construction or maintenance thereof by the terms of a scheme notified under section 12.
Delegation of power by the State Government
46. The [State Government] 2 may delegate any of its powers under this Act to the Board of Revenue or to the Commissioner or other officer, and in such case references to the [State Government]2 shall be construed as references to the Board of Revenue, the Commissioner; or other, officer, as the case may be.
1. Subs. by A. O. 1950 for (the crown) which had been subs. by the A. O. 1937 for (Govt.).
2. Subs. by the A. O. 1937 for Gazette.) which had been subs. by the A. O. 1937 for (L.G.).
188 [The United Provinces Minor Irrigation Works Act, 1920] [Section 47] Power of State Government to make rules