Section 5(1) in Bihar Private Irrigation Works Act, 1922
(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.
