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State of Gujarat - Section

Section 25A in The Bombay Irrigation Act, 1879

25A. Obligation to repair bandharas situated in alienated lands and villages and talukdari villages.

(1)Save as otherwise provided in sections 84 and 85, every holder of alienated land or village and every holder of the wanta portion in a takukdari village (hereinafter called "the holder" shall be bound to carry out all necessary repairs to any bandharas situated in his land or village or wanta, as the case may be, and to maintain them in a fit state of repairs to the satisfaction of the Collector.
(2)The expenses for any repairs to a bandhara made under the provisions of subsection (1) shall be borne by the holder and the State Government as follows:-
(i)In the case of a bandhara which irrigates only land situated in a village or villages of which the revenue is shared between the holder and the State Government, the apportionment of expenses for repairs between the holder and the State Government shall be in the same proportion in which the revenue is shared by them.
(ii)In the case of a bandhara which irrigates land situated in any village or villages of which the revenue is shared between the holder and the State Government and also land situated in any unalienated village or villages or which irrigates land situated in the wanta portion of a talukdari village and also other land in the said village the cost of repairs shall first be calculated in the prescribed manner having regard to the total area of land irrigated by the bandhara. The proportionate share of cost in respect of a village or villages of which the revenue is shared between the holder and the State Government shall then be worked out on the basis of the proportion which the area of land situated in such village or villages bears to the total area of land irrigated by the bandhara. The proportionate expenses in respect of land in such village or villages so arrived at shall be borne by the holder and the State Government as provided in clause (i) above.
(3)If any dispute arises as to the share or amount of expenses to be borne by the holder under this section or under section 25B, the matter shall be referred to the Collector whose decision shall be final.