35. The Government to provide means of crossing canals.
(1)In accordance with rules made under this Act a revenue officer and canal officer shall make a joint inspection of the alignment of all canals to be constructed and maintained at the cost of the Government, and shall make a second joint inspection of all such canals after not less than three years from the completion of such canals and shall report to the Collector, where, in their opinion, means of crossing such canals should be provided for the reasonable convenience of the inhabitants of the adjacent lands.(2)The State Government shall cause suitable means of crossing such canals to be constructed at the cost of the Government at such places as it thinks fit.(3)If, at any time after the second of such inspections, five or more of the permanent holders of such lands apply to the Collector for the construction or further means of crossing, he shall cause an inquiry to be made and if he thinks that further means of crossing should be constructed, he shall forward his opinion to the State Government, which shall cause such measures to be taken as it thinks proper :Provided that, if the local inhabitants deposit half the estimated cost of constructing such a means of crossing for the passage of traffic, the State Government shall cause it to be constructed, such crossing to be the property of the Government; and if the estimated cost exceeds the actual cost, the State Government shall refund half the difference :Provided further that, if the Collector has once caused an inquiry to be made under this section, it shall not be necessary for him to cause a second inquiry to be made into the same matter.(4)No suit shall lie in a Civil Court against the Government to enforce the construction of a crossing of a canal, or to enforce the alteration of a crossing or for compensation for damage arising from the absence or inadequacy of any crossing, or to modify or set-aside any scheme framed or order passed under this section.Explanation. - Suitable means of crossing canals include means for the passage of traffic and of water.
