Section 3 in Bihar Private Irrigation Works Act, 1922
3. Issue of notices by Collector for repairs of existing irrigation work or construction of new work.
- Whenever it appears to the Collector [* * *] [Omitted by Act 10 of 1939.]. -(a)that the repair of an existing irrigation work is necessary for the benefit of any village or local area within the district and that the failure to repair such irrigation work adversely affects, or is likely to affect adversely, the lands which are dependent thereon for a supply of water, or(b)that it is desirable for the purpose of settling or averting disputes or preventing waste of water or injury to land by the wrongful or undue diversion of a stream or channel that any sluice weir, outlet, escape, head work, dam or other work should be constructed in any irrigation work, in order to regulate the supply or distribution of water for [agricultural purpose] [Substituted by Act 4 of 1960],he may, if satisfied that the matter is of sufficient importance to justify his intervention. -(i)cause in the prescribed manner a notice to be served on the landlord of the land in which the irrigation work is situated and public notice to be given at convenient places in every village in which the irrigation work is situated stating that he intends to take action under this Chapter for the repair of the said work or for [extending or altering it in any of the ways specified in clause (b)] [Substituted by Act 10 of 1939.] and specifying the date on which the injury under Section 4 will be held, and(ii)serve a notice in the prescribed manner on every person known or believed to be under an obligation to maintain the irrigation work in an efficient state, calling on him to show cause on the date specified in the notice why he should not be required to repair the said work or [extend or alter it as aforesaid] [Substituted by Act 10 of 1939.]:[Provided that if the Collector is of opinion that any extension or alteration of an existing irrigation work of a nature specified in clause (b) is likely to cost more than two thousand five hundred rupees, he shall before issuing any notice under clause (i) or (ii) request the Irrigation Engineer to prepare a plan and estimate of the cost of such extension or alteration.] [Added by Bihar Act, 10 of 1939.]
