(1)(a)If on inquiry or report under section 136-D, the officer to whom the application is made is satisfied -(i)that the irrigation work is in such a state of disrepair as materially to prejudice the irrigation of the lands dependent upon it; and(ii)that the state of disrepair is not due exclusively to the wrongful acts of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carry out,he may pass an order specifying the works necessary for the restoration of the irrigation work to efficiency and the estimated cost of the same and requiring the landholder to execute the said works within a specified time which may be extended, from time to time, by the officer. In passing an order specifying or extending the time, the officer shall consider any representations made by the ryot or ryots who made the application and pay due regard to the capacity of the estate of such landholder to bear within such time, the cost of such works in addition to the cost of other works, if any, ordered by such officer or by any other officer to be executed by such landholder or undertaken by such landholder of his own accord.(b)If on such inquiry or report, the officer to whom the application is made is satisfied -(i)that the irrigation work is not in such a state of disrepair as materially to prejudice the irrigation of the lands dependent upon it; or(ii)that the state of disrepair is due exclusively to the wrongful acts of the ryots or to omission to make such petty works or minor repairs as the ryots are by law or custom bound to carry out, he shall dismiss the application.(2)(a)The costs incurred by the applicant or applicants or by the landholder in connection with the application, shall be in the discretion of the officer to whom the application is made and he shall have full power to determine by whom and to what extent such costs are to be paid:Provided that the amount awarded as costs shall be reasonable and that the amount awarded to the landholder shall in no case exceed two hundred rupees in the case of a major irrigation work and one hundred rupees in the case of a minor irrigation work.(b)Where any security has been deposited under section 138, the officer aforesaid may, if he awards costs to the landholder under clause (a), pay such costs out of the amount of such security and where such officer is satisfied that the application was frivolous, he may also declare the whole or part of the balance, if any, of the said amount to be forfeited to the Government.(3)An order passed under clause (a) of sub-section (1) shall declare that, if the landholder refuses or within the time specified in such order as extended from time to time under that clause, fails to execute the works, he shall deposit the amount of the estimated cost within a time to be specified in that behalf. If the landholder fails to make the deposit within the time so specified or within such further time as may be allowed, the officer passing the order shall recover the same from the landholder as if it were an arrear of land revenue.(4)On the estimated cost being deposited or recovered as aforesaid, the officer shall get the works executed as soon as may be by such persons and in such manner as he may direct and meet the cost of such works from the amount deposited or recovered as aforesaid.(5)If the amount of the estimated cost deposited by or recovered from the landholder as aforesaid is found insufficient for the completion of the works, the officer may require the landholder to deposit such further sum as may be necessary for the purpose within a specified time and failing such deposit shall recover the same as if it were an arrear of land revenue and the amount so deposited or recovered shall be utilized by the officer for meeting the cost of the works.(6)If the amount deposited or recovered from the landholder under this section exceeds the cost of the works, such excess shall be refunded to him.Explanation. - For the purpose of this section, the cost of any work shall include the cost, if any, of the inspection of the same after completion.
