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[Cites 0, Cited by 0] [Section 40] [Entire Act]

State of Himachal Pradesh - Subsection

Section 40(2) in The Himachal Pradesh Minor Canals Act, 1976

(2)Upon the day so named or any such subsequent day as aforesaid, the Collector shall proceed to hear and determine the dispute in the following manner, that is to say, -
(a)if the dispute relates to the ownership of a canal or mutual rights of owners in the use of the water of such canal or the construction or maintenance of a canal or the payment of any share of the costs of such construction or maintenance or the distribution of the supply of water from a canal the Collector shall proceed as a revenue court under the provisions of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974) and the provisions of that Act regarding appeals, revision and reviews shall be applicable;
(b)if the dispute relates to a water-course, the Collector shall hear and determine the case as a Revenue Officer and shall make such order thereon as to him seems fit, and such order shall, unless set aside on appeal to the Financial Commissioner, be conclusive as to use or distribution of water for any crop sown or growing at the date of such order. The order of the Financial Commissioner on appeal shall in every case be final.