43. Power to take over irrigation works for maintenance by Government.
- If the State Government considers that in the interest of the proper irrigation of lands under any irrigation work maintained by any person or body of persons, the work of maintenance in a fit state of repair of such irrigation work should be undertaken by the State Government, and the cost of such maintenance or any part thereof recovered from the holders of lands benefited by such irrigation work, the State Government may, by notification, make a declaration to that effect, and thereafter the State Government shall take over and maintain in a fit state of repair such irrigation work:Provided that no artificial reservoir owned by any land holder which is actually used for the purpose of irrigation by such land holder shall be notified under this section except,-(i)on the request of land holder; or(ii)if in the opinion of the State Government such notification is necessary in the public interest:Provided further that where a notification is issued in accordance with clause (ii) of the preceding proviso, the land holder concerned shall be paid such compensation for his rights as may be awarded by the Deputy Commissioner of the district after such enquiry as may be prescribed.
