Section 40 in Bihar Private Irrigation Works Act, 1922
40. Power to make Rules.
(1)The State Government may, after previous [publication] [As to the procedure for the publication, see Section 26 of the B. & O. General Classes Act, 1917 (B&O. Act 1 of 1917).] make Rules for carrying out the purposes and objects or this Act.(2)In particular, and without prejudice to the generality of sub-section (1), [Rules] [For Rules regarding service of notice, see the B. O. R.O., Volume I, Part VII.] may be made -(a)prescribing the procedure to be followed by any officer who is required or empowered by or under this Act to take action or hold inquiry in any matter or to give, serve or publish any notice;(a1)[ prescribing the manner in which a copy of any award shall be served under sub-section (3) of Section 8 or sub-section (2) of Section 11;] [Inserted by Act 10 of 1939.](b)prescribing the cases in which, the officers to whom and the conditions subject to which, a Collector may delegate any of his powers or duties under this Act;[* * *] [Omitted by Act 23 of 1962.](b2)prescribing the manner in which, and the authority by whom, compensation shall be assessed under Section 5B;(c)prescribing the procedure to be followed by the Collector in giving authority for the carrying out of a work of repair or construction under Section 6 and the conditions, if any, under which such authority may be given;[* * *] [Repealed by Bihar Act 37 of 1950.](d)[ prescribing the manner of preparing the accounts referred to in Sections 9 [and 36B] [Re-Lettered by Bihar Act, 37 of 1950.] and the procedure for publication thereof and for hearing of objections thereto;(e)for the recovery of the expenses referred in Sections [11, 7] [Inserted by Bihar Act, 4 of 1960.] [24, 35A and 36C];(f)[ prescribing the manner in which notices under Sections 32A and 32B shall be served or published, as the case may be; [Re-Lettered by Bihar Act, 37 of 1950.](g)prescribing the inquiry to be made and the notice to be given under sub-section (2) of Section 35A;(g1)prescribing the manner in which notices under sub-section (3) of Section 35A shall be served or published, as the case may be;][g2)] [Inserted by Bihar Act, 37 of 1950.] prescribing the authority referred to in clause (a) of the proviso to subsection (1) of Section 36A;(g3)[] [Re-Lettered by Bihar Act, 37 of 1950.] prescribing the authority to whom any question referred to in subsection (4) of Section 37 shall be submitted for decision;(h)for the recovery of any sum advanced by the Collector to any person or agency for the carrying out under any of the provisions of this Act, of any work of repair or construction and prescribing the rate of interest to be charged on any sum so advanced;(i)[ prescribing the authority to whom an appeal shall lie under subsection (1) of Section 46 ; and [Inserted by Bihar Act, 4 of 1960.](j)prescribing the procedure for the hearing and disposal of appeals.](3)All Rules made under this Section shall be published in the Official Gazette.
