Section 36 in Bihar Private Irrigation Works Act, 1922
36. Conditions binding on applicant placed in occupation.
(1)[When, in any proceeding commenced by an application made under Section 31, the applicant] [Substituted by Act 10 of 1939.] is placed in occupation of land as aforesaid, for the purposes of any irrigation work such land shall be subject to the provisions of this Act, and the following conditions shall be binding on him and his representatives in interest, namely: -(a)that all works necessary for the passage, across such irrigation work of water courses existing previous to its construction, exclusion, alteration, and of the drainage intercepted by it, and for affording proper communication across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and shall be maintained by him or his representatives in interest to the satisfaction of the Collector;(b)that the land of which the applicant has been placed in occupation for the purposes of any irrigation work shall be used only for the purpose of that irrigation work;(c)that the proposed construction, extension of alteration of the irrigation work shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land, or within such further period as may be allowed, in writing by the Collector;(d)that the proposed irrigation work shall, after completion be maintained in a state of efficiency;(e)any conditions in regard to the supply and distribution of water and the charges if any, to be made therefor, which the Collector may deem it fair and equitable to impose in the interest of persons whose land will be, or is capable of being, irrigated from the said work; and(f)in the case in which land is occupied on the condition of payment of a rent-charge that -(i)the applicant or his representative in interest shall, so long as he occupies such land or irrigation work, pay rent for the same at such rate and on such days as were determined by the Collector when the applicant was placed in occupation;(ii)if the right to occupy the land cease, owing to breach of any of the conditions contained in clauses (a), (b), (c) and (d), or in sub-clause (i) of this clause or imposed under clause (e), the liability to pay the said rent-charge shall continue until the applicant or his representative in interest has restored the land to its original condition or until he has paid compensation for any injury done to the said land, of such amount and to such persons as the Collector may determine;(iii)the Collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due, or assess the amount of such compensation; and if, any such rent or compensation be not paid by the applicant or his representative in interest the amount, with interest thereon at the rate of six and a quarter per centum per annum from the date on which it became due, shall be recoverable as a [public demand] [For the recovery of public demands, see the B. & O. Public Demands Recovery Act, 1914 (B. & O. Act 4 of 1914).] and shall be paid when recovered, to the person to whom it is due.(2)If any of the conditions contained in or imposed under sub-section (1) are not complied with;Or if any irrigation, work constructed, extended or altered under this Act is disused for five years continuously, the right of the applicant or of his representatives in interest to occupy such land or irrigation work shall cease absolutely.(3)(a)When the right of the applicant or his representative in interest to occupy such land ceases absolutely in accordance with the terms of the preceding sub-section, the person who owned the land at the date of the acquisition or his representative in interest may, within one year of the date on which the right of the applicant to occupy the land ceases absolutely, claim in the court of the Collector the return of the land on payment of the compensation paid to him or the total amount of the rent-charge paid to him by way of such compensation, after deduction therefrom of the amount paid under Section 23 (2) of the Land Acquisition Act, 1894 (1 of 1894) and any other sum which may be awarded by the Collector for depreciation in the value of the land subsequent to acquisition.(b)The Collector may on such claim being made order the return of the land to the claimant after payment by him of the amount mentioned in clause (a) of this sub-section, or he may (if he thinks fit) take action under [Chapter VIA] [Substituted by Act 37 of 1950.] for the maintenance of the irrigation work.(c)An order of the Collector under clause (b) for the return of the land to the claimant shall operate to revest the land in the claimant subject to all the right of other persons existing at the time of acquisition.[Chapter VIA] [Inserted by Act 37 of 1950.] Maintenance of Irrigation Works by Government Agency
