Section 5 in Bihar Private Irrigation Works Act, 1922
5. Power of Collector to order repair or construction.
(1)If after making an inquiry under Section 4 the Collector is satisfied that the state of disrepair of the irrigation work is such [as materially affects or is likely to affect materially] [Substituted by Act 10 of 1939.] the irrigation of the lands which are dependent thereon for a supply of water, or that [any extension or alteration of such irrigation work] [Substituted by Act 10 of 1939.] is necessary for the purpose specified in clause (b) of Section 3, he shall, subject to the provisions of sub-section (1a), issue an order in writing [requiring that the proposed work of repair,] [Substituted by Act 10 of 1939.] extension or alteration shall be carried out-(a)by one or more of the persons on whom notices under clause (ii) of Section 3 have been served and who agrees or agree to carry out the said work, or(b)by any such agency as he thinks proper, if, for reasons to be recorded by him, he considers that there are adequate reasons why any person mentioned in clause (a) should not be entrusted with the carrying out of the said work:Provided that the Collector shall,if he is satisfied that the cost of carrying out the proposed work of repair, extension or alteration will be prohibitive, pass an order declaring that such work shall not be carried out.(1a)[ In the case of any extension or alteration of an existing irrigation work of a nature specified in clause (b) of Section 3, no order authorising any person or agency to carry out the said work shall be issued under sub-section (1) :-(a)if the estimated cost is likely to exceed five hundred rupees but it net likely to exceed twenty thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Sub-divisional Officer has been obtained;(b)if the estimated cost is likely to exceed twenty thousand rupees but is not likely to exceed twenty five thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Collector has been obtained;(c)if the estimated cost is likely to exceed seventy five thousand rupees but is not likely to exceed one lac rupees, until the previous sanction of the Commissioner has been obtained; and(d)if the estimated cost is likely to exceed one lac rupees, until the previous sanction of the State Government has been obtained.](2)every order made under sub-section (1) shall specify as closely as may be practicable, the nature of the work to be done, the estimated cost of executing it [and the manner in which and time within which it shall be executed] [Substituted by Act 10 of 1939],(3)[ (a) If any person required by the Collector under clause (a) of subsection (1) to carry out any work of repair, extension or alteration fails to do so in the manner and within the time specified in the order or within such further time (if any) as may be allowed by the Collector in writing, the Collector may impose on him such pecuniary penalty as he thinks proper in all the circumstances of the case.(b)[ Such penalty shall be recoverable as a public demand] payable to the Collector.]
