Section 21 in Bihar Private Irrigation Works Act, 1922
21. Power of Collector to vest management in village agency.
(1)If on inquiry [the Collector] [Substituted by Act 10 of 1939.] [finds that any irrigation work] [Substituted by Act 37 of 1950] is not being properly maintained, and that the person responsible for its maintenance is not likely so to maintain it, he may make an order declaring that the maintenance of the work shall be vested from the date of his order in any of the following village agencies. -(a)a panchayat of not less than five nor more than nine persons to be selected by him from those interested in the maintenance of the said work, and to include one person to represent the interests of the landlords of the land which is irrigated therefrom,(b)a co-operative society whose membership is confined to the village or villages in which the area irrigated is situated,(c)a village panchayat or similar body constituted under any law for the time being in force and having jurisdiction over the area irrigated from the said work [or, if there is more than one village panchyat or similar body having jurisdiction over such area, to the village panchayat or similar body having jurisdiction over the major portion of the area] [nserted by Act 10 of 1939.], or(d)a village headman:Provided that if the work is vested in any of the agencies specified in clauses (b) and (c), the Collector shall nominate a persons to represent the interests of the landlords of the land which is irrigated from the said work, and such person shall for the purposes of this Chapter be deemed to be a member of such agency:[Provided further that in the case of an irrigation work in respect of which the Collector has made an order under Section 5 or 5A no inquiry under this subsection shall be necessary.] [Inserted by Act 37 of 1950.](2)[ The order shall further specify the exact area benefited by the said work and apportion the cost of maintenance amongst the person or persons who may be found to be liable to pay the same having regard to the considerations mentioned in clauses (a) to (c) of Section 10.] [Substituted by Act 37 of 1950.](3)The Collector may from time to time vary or cancel any such order.
