(1)Any Irrigation Officer, or any person acting under the general or special Order in writing of an Irrigation Officer, may-(a)enter upon any lands adjacent to any irrigation work or watercourse, or through which any irrigation work or water-course is to be made, and undertake surveys or levels thereon;(b)dig and bore into sub-soil;(c)make and set up suitable land-marks, level-marks, watergauges and other apparatus;(d)do all other arts necessary for the proper prosecution of any inquiry relating to any existing or projected irrigation work or watercourse under the charge of the said Irrigation Officer;(e)where otherwise such inquiry cannot be completed, cut down and clear away any part of any standing crop, fence or jungle; and(f)enter upon any land or building for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands, irrigated thereby or chargeable with irrigation revenue and of doing all things necessary for the proper regulation and management of any irrigation work :Provided that, if such Irrigation Officer or person proposes to enter into any building or any enclosed court attached to a dwelling house, he shall give the occupier of such building or Court at least twenty-four hours' notice in writing of his intention to do so.(2)After entry under this section, the Irrigation Officer shall, before leaving, tender compensation to the owner or occupier of such land for any damage which may have been caused by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall refer the matter for decision by the Collector. Such decision shall be final, and no suit shall lie in a Civil Court to have it set aside or modified.(3)Whenever the State Government Propose to construct any projected irrigation work they shall, after completion of the survey and enquiry as may be necessary, for the purpose in accordance with the provisions of Subsection (1), publish in the prescribed manner the description of the said work indicating the situation thereof and the area likely to be benefited or adversely affected thereby alongwith any further particulars as may be prescribed and call for objections or suggestions from persons interested to be filed before the prescribed authority within a time to be specified.Every such objection or suggestion shall be heard and considered by the said authority in the prescribed manner, who shall after the close of the enquiry submit the entire record of the proceedings alongwith his report and recommendations to the State Government for their decision which shall be final :Provided that nothing in this sub-section shall apply in respect of any minor irrigation work and the procedure to be followed in the construction of any such work shall be as may be prescribed.Explanation - For the purposes of this sub-section 'construction of any projected irrigation work' shall include the extension or improvement of any irrigation work if as a result of such extension or improvement-(a)the ayacut of such irrigation work is increased ; or(b)such irrigation work is assigned a class higher than that to which it belonged.
