Section 35 in Bihar Private Irrigation Works Act, 1922
35. Payment of compensation and expenses by applicant before occupation.
- [(1) Except as otherwise provided in sub-section (3), the Collector shall not take possession of any irrigation work or land referred to in Section 32A or 32B nor shall the applicant be placed in occupation of any land marked out on an application made under Section 32, until the Collector or, as the case may be, the applicant has paid to the persons named by the Collector such amount as the Collector determines to be due as compensation for the irrigation work or land so acquired or occupied, and for any damage caused by the marking out of such land, together with all expenses incidental to such acquisition or occupation.] [Substituted by Act 10 of 1939.](2)In determining the compensation to be paid under sub-section (1), [and in making payment thereof] [Inserted by Act 10 of 1939.] the Collector shall proceed under the provisions of Section 8 to 15, [18 to 34] [Inserted by Act 4 of 1960.] and 45 of the Land Acquisition Act, 1894 (1 of 1894) so far as they are applicable; [but in the case of a proceeding commenced by an application made under Section 31, he may] [Inserted by Act 10 of 1939.], if the person to be compensated so desires, award such compensation in the form of a rent-charge payable in respect of the land occupied.(3)[ In cases of urgency, the Collector may forthwith take possession of any irrigation work or land referred to in Section 32A or 32B, though the compensation mentioned in sub-section (1) has not been paid.(4)When the Collector takes possession of any irrigation work or land under sub-section (1) or sub-section (3), such irrigation work or land shall vest absolutely in the Government free from all encumbrances] [Inserted by Act 10 of 1939.],
