Section 36(1) in Bihar Private Irrigation Works Act, 1922
(1)[When, in any proceeding commenced by an application made under Section 31, the applicant] [Substituted by Act 10 of 1939.] is placed in occupation of land as aforesaid, for the purposes of any irrigation work such land shall be subject to the provisions of this Act, and the following conditions shall be binding on him and his representatives in interest, namely: -(a)that all works necessary for the passage, across such irrigation work of water courses existing previous to its construction, exclusion, alteration, and of the drainage intercepted by it, and for affording proper communication across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and shall be maintained by him or his representatives in interest to the satisfaction of the Collector;(b)that the land of which the applicant has been placed in occupation for the purposes of any irrigation work shall be used only for the purpose of that irrigation work;(c)that the proposed construction, extension of alteration of the irrigation work shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land, or within such further period as may be allowed, in writing by the Collector;(d)that the proposed irrigation work shall, after completion be maintained in a state of efficiency;(e)any conditions in regard to the supply and distribution of water and the charges if any, to be made therefor, which the Collector may deem it fair and equitable to impose in the interest of persons whose land will be, or is capable of being, irrigated from the said work; and(f)in the case in which land is occupied on the condition of payment of a rent-charge that -(i)the applicant or his representative in interest shall, so long as he occupies such land or irrigation work, pay rent for the same at such rate and on such days as were determined by the Collector when the applicant was placed in occupation;(ii)if the right to occupy the land cease, owing to breach of any of the conditions contained in clauses (a), (b), (c) and (d), or in sub-clause (i) of this clause or imposed under clause (e), the liability to pay the said rent-charge shall continue until the applicant or his representative in interest has restored the land to its original condition or until he has paid compensation for any injury done to the said land, of such amount and to such persons as the Collector may determine;(iii)the Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due, or assess the amount of such compensation; and if, any such rent or compensation be not paid by the applicant or his representative in interest the amount, with interest thereon at the rate of six and a quarter per centum per annum from the date on which it became due, shall be recoverable as a [public demand] [For the recovery of public demands, see the B. & O. Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914).] and shall be paid when recovered, to the person to whom it is due.
