- [(1) All tanks situated on unoccupied land on or before the date of coming into force of the Act, providing for the abolition of the rights of intermediaries in the area concerned and over which members of the village community were, immediately before such date, exercising rights of irrigation or nistar, shall, if not already vested in the State Government, vest absolutely in the State Government with effect from the 6th April, 1959 :Provided that nothing in this section shall be deemed to affect any right of a lessee in the tank under a lease subsisting on the date of vesting of the tank which shall be exercisable to the extent and subject to the terms and conditions specified in the lease :Provided further that no tank shall vest in the State Government, unless-(i)after making such enquiry as he deems fit, the Collector is satisfied that the tank fulfils the conditions laid down in this sub-section; and(ii)notice has been served on the parties interested and opportunity-given to them for being heard.](2)Any person claiming in any such tank any interest other than the right of irrigation or nistar, may, within a period of [four years] [Substituted by M.P. Act No. 38 of 1961 (w.e.f. 2-10-1959).] from the date of vesting under sub-section (1), make an application in the prescribed form to the Collector for compensation in respect of his interest.[(2-a) The provisions of Section 239 shall apply to trees standing on the embankments of tank vested in the State Government under sub-section (1) as they apply to trees planted in an unoccupied land.] [Inserted by M.P. Act No. 38 of 1961 (w.e.f. 2-10-1959).](3)Such compensation shall be fifteen times the land revenue assessable on the land covered by the tank and for purposes of assessment such land shall be treated as irrigated land of the same quality as the adjoining land.(4)The compensation as determined under sub-section (3) shall be paid by the Collector to the person or persons proved to his satisfaction to be owning interest in the tank concerned.(5)The payment of compensation under sub-section (4) shall be a full discharge of the State Government from all liability for compensation in respect of the tank concerned, but shall not prejudice any right in respect of such tank to which any other person may be entitled by due process of law to enforce against the person or persons to whom compensation has been paid as aforesaid.(6)The State Government may make rules providing for the regulation of the use of water from such tanks.(7)The vesting of any tank under sub-section (1) shall not affect the rights of irrigation and nistar in such tank to which any person is entitled immediately before the date of vesting.[Explanation.-For the purposes of this section, tank includes the trees standing on the embankments of the tank but does not include buildings, temples or other constructions standing on the embankments thereof.] [Inserted by M.P. Act No. 38 of 1961 (w.e.f. 2-10-1959).]
