37B. [ Submerging tank. [Inserted by M.P. Act No. 42 of 1973.]
(1)The State Government may, on an application made by not less than fifty percent of the permanent holders and occupiers of land in any particular area for construction of a submerging tank in that area, undertake the construction of such tank at the cost of the Government subject to such terms and conditions as may be prescribed.(2)Where the State Government undertakes to construct a submerging tank under sub-section (1), the terms and conditions prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of land likely to be covered by the submerging tank irrespective of the fact whether they are signatories to the application or not.(3)Where submerging tanks constructed and maintained by the State Government are in existence prior to the commencement of the Madhya Pradesh (Irrigation Amendment) Act, 1973, the terms and conditions as prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of lands covered by the submerging tank.(4)The canal officer or any other officer authorised for execution for the purpose of this section shall during the period between 15th September and 1st October every year, in the presence of the permanent holders and occupiers or their representatives-in-interest mark out the land actually submerged under water of the submerging tank in the village map by a contour line and obtain signatures on the map of the permanent holders and occupiers or their representatives-in-interest present on the spot.(5)The permanent holders and occupiers of lands within the contour line on the map shall be liable to pay water-rate at such rates as may be determined by rules.]
