Bihar Private Irrigation Works Act, 1922

{
    "id": 15431,
    "slug": "bihar-private-irrigation-works-act-1922",
    "title": "Bihar Private Irrigation Works Act, 1922",
    "short_title": "Bihar Private Irrigation Works Act, 1922",
    "act_number": "Bihar and Orissa Act 5 of 1922",
    "act_year": 1922,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Private Irrigation Works Act, 1922",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "[(1) 'Irrigation Engineer' means any person appointed by the [State] Government by notification to be Irrigation Engineer for the purposes of this Act, either generally or in respect of any existing or proposed irrigation works specified in the notification;]\n(2) \"Irrigation work\" means any means or work constructed, altered or maintained artificially for the purpose of securing the supply, removal or storage of water for [agricultural purposes] and includes -\n(a) any part of any such means or work;\n(b) any water course, channel or reservoir for the supply, removal or storage of water for [agricultural purposes] ;\n(c) any work, embankment, structure or supply or escape channel connected with any such water-course, channel or reservoir;\n(d) a head-work, dam, weir, outlet, escape and sluice; [and]\n(e) a well which is or may be used for [agricultural purposes;]\n[but does not include any such means or work which has been brought under the control of the Government under the provisions of any other Act for the time being in force;]\n(3) \"landlord\" means a person immediately under whom a tenant holds, and includes the Government and a proprietor but does not include a village headman or a raiyat ;\n(4) \"prescribed\" means prescribed by Rules under this Act;\n(5) \"proprietor\" means a person who is solely or jointly in possession of an estate or revenue-free property, or of any portion of an estate or revenue free property, as owner thereof, whether in trust or for his own benefit, and whether or not he is recorded as the proprietor thereof.\n[(5a) \"sub-divisional officer\" means the officer in charge of the sub-division of a district;]\n(6) \"tenant\" means a person who holds land under another person and is, or but for a special contract would be liable to pay rent for that land to that person, but does not include an under-raiyat .\nChapter II\nRepair and Improvement of Irrigation Works",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Issue of notices by Collector for repairs of existing irrigation work or construction of new work.",
            "chapter": null,
            "content": "(a) that the repair of an existing irrigation work is necessary for the benefit of any village or local area within the district and that the failure to repair such irrigation work adversely affects, or is likely to affect adversely, the lands which are dependent thereon for a supply of water, or\n(b) that it is desirable for the purpose of settling or averting disputes or preventing waste of water or injury to land by the wrongful or undue diversion of a stream or channel that any sluice weir, outlet, escape, head work, dam or other work should be constructed in any irrigation work, in order to regulate the supply or distribution of water for [agricultural purpose] ,\n(i) cause in the prescribed manner a notice to be served on the landlord of the land in which the irrigation work is situated and public notice to be given at convenient places in every village in which the irrigation work is situated stating that he intends to take action under this Chapter for the repair of the said work or for [extending or altering it in any of the ways specified in clause (b)] and specifying the date on which the injury under Section 4 will be held, and\n(ii) serve a notice in the prescribed manner on every person known or believed to be under an obligation to maintain the irrigation work in an efficient state, calling on him to show cause on the date specified in the notice why he should not be required to repair the said work or [extend or alter it as aforesaid] :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Inquiry by Collector.",
            "chapter": null,
            "content": "[(a) the necessity for repairing, extending or altering the said irrigation work] ,\n(b) the nature of the works required for such repair, [extension or alteration] ,\n(c) the obligation to maintain the irrigation work in an efficient states and the reasons why the person under such obligation has failed to repair it, and\n[(d) the probable cost of the proposed work of repair, extension or alteration.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power of Collector to order repair or construction.",
            "chapter": null,
            "content": "(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\n(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:\n(a) if the estimated cost is likely to exceed five hundred rupees but it net likely to exceed twenty thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Sub-divisional Officer has been obtained;\n(b) if the estimated cost is likely to exceed twenty thousand rupees but is not likely to exceed twenty five thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Collector has been obtained;\n(c) if the estimated cost is likely to exceed seventy five thousand rupees but is not likely to exceed one lac rupees, until the previous sanction of the Commissioner has been obtained; and\n(d) if the estimated cost is likely to exceed one lac rupees , until the previous sanction of the State Government has been obtained.]\n[(b) Such penalty shall be recoverable as a public demand]\n[5A. Proceedings in emergencies.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5B",
            "title": "5B. Application for compensation and procedure on receipt of such application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "6. Delegation by Collector of authority to repair or construct.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "7. Recovery of cost of work.",
            "chapter": null,
            "content": "(a) take such steps as he may consider necessary to satisfy himself that the cost has actually been incurred and that the work has been constructed in the manner and within the period specified in the order or within such further period (if any) as he may have allowed or decided to be reasonable; and\n[(b) after considering the claim made by the applicant and any explanation furnished by him and after disallowing any charge which he consider-unreasonable and reducing any charge which he considers excessive determine-\n(i) the cost of the work payable to the applicant, and\n(ii) the cost of any inspection which may have been undertaken for the purpose specified in clause (a), together with such costs as may have been incurred in preparing any plan or estimate under the proviso to Section 3 and in issuing any notice under any of the provisions of the Chapter.]\n[8. Power of Collector to apportion cost.\n(i) specifying the person or persons by whom each sum so apportioned is payable; and\n(ii) authorising the applicant to recover as a public demand the sum so apportioned in respect of the cost mentioned in sub-clause (i) of clause (b) of sub-section (2) of Section 7 from the person or persons liable to pay the same with interest at six and a quarter per centum per annum:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "9. Account of expenses incurred under Section 8.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Charging and apportionment of expenses.",
            "chapter": null,
            "content": "(a) the obligation under which any person may be to maintain an irrigation work in an efficient state and the reason for the failure of such person so to maintain it,\n(b) the benefit which is likely to result from the work of repair or construction, and\n(c) any other considerations which in the circumstances of the case he may deem it fair and equitable to take into account:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Collector's award as to recovery of such expenses.",
            "chapter": null,
            "content": "(a) the person or persons by whom each sum so [* * * *] apportioned is payable;\n(b) the amount payable by each such person;\n[(c) the instalments fixed for the payment of such amounts:\n(d) the dates for the payment of such instalments:\n[11A. Provisions of Sections 10 and 11 not to apply to certain cases.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Recovery of cost as a public demand.",
            "chapter": null,
            "content": "Chapter III\n13. to 18. Maintenance of Irrigation Works by Government agency.\nChapter IV\nMaintenance of [Certain Irrigation Works] by Village Agency\n[19. Application of this Chapter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "20",
            "title": "20. Issue of notice by Collector of enquiry into conditions of irrigation work.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "21",
            "title": "21. Power of Collector to vest management in village agency.",
            "chapter": null,
            "content": "(a) a panchayat of not less than five nor more than nine persons to be selected by him from those interested in the maintenance of the said work, and to include one person to represent the interests of the landlords of the land which is irrigated therefrom,\n(b) a co-operative society whose membership is confined to the village or villages in which the area irrigated is situated,\n(c) a village panchayat or similar body constituted under any law for the time being in force and having jurisdiction over the area irrigated from the said work [or, if there is more than one village panchyat or similar body having jurisdiction over such area, to the village panchayat or similar body having jurisdiction over the major portion of the area] , or\n(d) a village headman:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "22",
            "title": "22. Powers and duties of village agency vested with management.",
            "chapter": null,
            "content": "(1) be responsible for the proper maintenance of the said work and be entitled to do all work incidental thereto;\n(2) regulate the supply and distribution of water;\n[(3) collect the cost of maintenance from the person or persons who may be found to be liable to pay the same in accordance with the order under Section 21;]\n(4) keep accounts of all receipts and expenditure in such form as may be prescribed; and\n(5) carry out any order that may be passed under Section 26 by the Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "23",
            "title": "23. Limits to cost of maintenance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "24",
            "title": "24. Power to realize arrears of cost by distraint and sale, or as a public demand.",
            "chapter": null,
            "content": "Village Chaukidari Act, 1870",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "25",
            "title": "25. Right to excavate earth.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "26",
            "title": "26. Powers of control of Collector.",
            "chapter": null,
            "content": "Chapter V\nConstruction of New Irrigation Channels from Notified Rivers",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "27",
            "title": "27. Sanction necessary for construction of new irrigation channels from notified rivers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "28",
            "title": "28. Application for new sanction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "29",
            "title": "29. Issue of notice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "30",
            "title": "30. Enquiry into and disposal of application.",
            "chapter": null,
            "content": "Chapter VI\nAcquisition of Lands for Irrigation Purposes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "31",
            "title": "31. Application to Collector for land acquisition.",
            "chapter": null,
            "content": "(i) that he has unsuccessfully endeavoured to acquire, from the owners and occupiers of [any land] through which he desires such irrigation work to pass [or which may be liable to submersion as a result of the construction of such work or of any extension or alteration of an existing irrigation work] , a right to occupy so much of the land as will be [needed for or be liable to submersion as a result of the construction of such irrigation work or the extension or alteration of an existing irrigation work] ;\n(ii) that he desires the Collector, in his behalf and at his cost, to do all things necessary for acquiring such right;\n(iii) that he is able to defray all costs involved in acquiring such right and constructing, extending or altering such irrigation work.\n[32. Preliminary procedure of Collector.\n(a) that the construction, extension or alteration of such irrigation work is expedient;\n(b) that the statements in application are true; and\n(c) that the applicant has a substantial interest in the land to be benefited;\n(i) cause inquiry to be made as to the most suitable alignment for the said irrigation work;\n(ii) make out any land which in his opinion, it will be necessary to occupy for the construction, extension or alteration thereof or which may be liable to submersion as a result of such construction, extension or alteration; and\n(iii) forthwith publish a notice in the prescribed manner, in every village through which the irrigation work passes or is proposed to be taken, stating that so much of such land as belongs to such village has been so marked out.]\n[32A. Acquisition of certain existing irrigation work by Collector.\n(a) that it is expedient to extend, alter or repair an existing irrigation work, which the owner thereof is under no obligation to maintain but which benefits or is likely to benefit any village or local area within the district; and\n(b) that it is desirable in the interest of such village or local area to acquire such irrigation work, he may, subject to the provisions of sub-section (2)-\n(i) mark out the land which, in his opinion, it will be necessary to acquire for the purposes of such extension, alteration or repair;\n(ii) publish a notice in the prescribed manner in the village in which the irrigation work is situated or, if it is situated in or passes through more than one village, in every village in which it is situated or through which it passes, stating that he proposes to acquire the said irrigation work and the land marked out as aforesaid:\n(a) if the estimated cost is likely to exceed five hundred rupees but is not likely to exceed twenty thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Sub-divisional Officer has been obtained;\n(b) if the estimated cost is likely to exceed twenty thousand rupees but is not likely to exceed seventy five thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Collector has been obtained;\n(c) if the estimated cost is likely to exceed seventy five thousand rupees but is not likely to exceed one lac rupees , until the previous sanction of the Commissioner has been obtained; and\n(d) if the estimated cost is likely to exceed one lac rupees, until the previous sanction of the State Government has been obtained.]\n[32B. Construction of certain kinds of new irrigation work.\n(i) cause inquiry to be made as to the most suitable alignment for the said irrigation work;\n(ii) mark out the land which, in his opinion, it will be necessary to acquire for the construction thereof or which may be liable to submersion as a result of such construction; and\n(iv) forthwith publish a notice in the prescribed manner in every village through which the irrigation work is proposed to be taken, stating that so much of the land as belongs to such village has been so marked out:\n(a) if the estimated cost is likely to exceed five hundred rupees but is not likely to exceed twenty thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Sub-divisional Officer has been obtained;\n(b) if the estimated cost is likely to exceed twenty thousand rupees but is not likely to exceed seventy five thousand rupees and the person exercising the powers under sub-section (1) is an officer authorised under Section 45, until the previous sanction of the Collector has been obtained;\n(c) if the estimated cost is likely to exceed seventy five thousand rupees but is not likely to exceed one lac rupees , until the previous sanction of the Commissioner has been obtained; and\n(d) if the estimated cost is likely to exceed one lac rupees, until the previous sanction of the State Government has been obtained.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "33",
            "title": "33. Objection how to be dealt with.",
            "chapter": null,
            "content": "[34. When applicant may be placed in occupation of land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "35",
            "title": "35. Payment of compensation and expenses by applicant before occupation.",
            "chapter": null,
            "content": "[35A. Execution of work and its maintenance and recovery of cost.\n(i) a panchayat of not less than five nor more than nine persons (including one person to represent the interests of the area which is, or is likely to be, irrigated from, the irrigation work) to be selected by him from those interested in the maintenance of the said work;\n(ii) a co-operative society whose membership is confined to the village or villages in which the area irrigated or likely to be irrigated is situated;\n(iii) a village panchayat or similar body constituted under any law for the time being in force and having jurisdiction over the area irrigated or likely to be irrigated from the said work or, if there is more than one village panchayat or similar body having jurisdiction over such area, to the village panchayat or similar body having jurisdiction over the major portion of the area; or\n(iv) a village headman:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "35B",
            "title": "35B. Application of Sections 22 and 24 to 26.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "36",
            "title": "36. Conditions binding on applicant placed in occupation.",
            "chapter": null,
            "content": "(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;\n(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;\n(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;\n(d) that the proposed irrigation work shall, after completion be maintained in a state of efficiency;\n(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\n(f) in the case in which land is occupied on the condition of payment of a rent-charge that -\n(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;\n(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;\n(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] and shall be paid when recovered, to the person to whom it is due.\n(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] for the maintenance of the irrigation work.\n(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.\n[Chapter VIA]\nMaintenance of Irrigation Works by Government Agency",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "36A",
            "title": "36A. Power of Collector to takeover and maintain irrigation work.",
            "chapter": null,
            "content": "(a) if the annual cost of maintenance, as estimated, exceeds two thousand and five hundred rupees, but does not exceed ten thousand rupees, the previous sanction of the prescribed authority shall be obtained; and\n(b) if the annual cost of maintenance, as estimated, exceeds ten thousand rupees, the previous sanction of the State Government shall be obtained.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "36B",
            "title": "36B. Accounts of expenses incurred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "36C",
            "title": "36C. Recovery of expenses by Collector.",
            "chapter": null,
            "content": "[Chapter VIB]\nCompensation\n[36D. Compensation for consequential damage.\n(a) for any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; or\n(b) for any damage caused by -\n(i) any stoppage or diminution of percolation or of floods,\n(ii) any deterioration of climate or soil, or\n(iii) any stoppage of navigation or of the means of rafting timber or watering cattle.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "36E",
            "title": "36E. Determination of compensation.",
            "chapter": null,
            "content": "(a) the market value of the land or right injuriously affected at the time when the act was done or the work executed;\n(b) the damage sustained by the claimant by reason of such act or work injuriously affecting the land or right;\n(c) the consequent diminution of the market value of the land or right injuriously affected when the act was done or the work executed; and\n(d) whether the claimant has derived or is likely to derive any benefit from the act or work in respect of which the compensation is claimed or from any work connected therewith in which case the estimated value of such benefit, if any, shall be set off against the compensation which would otherwise be paid to such person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "36F",
            "title": "36F. Apportionment and recovery of compensation.",
            "chapter": null,
            "content": "(a) apportioned in such manner as the Collector may determine among the persons benefited by the acquisition of the land or the doing of the act or the execution of the work in respect of which the compensation is claimed.\n(b) recoverable from the persons among whom it is apportioned under clause (a) as a [public demand] payable to the Collector.\n(c) Payable to the person to whom it is awarded.]\nChapter VII\nSupplemental Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "37",
            "title": "37. Appointment of Irrigation Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "38",
            "title": "38. Record of system of rotation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "39",
            "title": "39. Power of entry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "40",
            "title": "40. Power to make Rules.",
            "chapter": null,
            "content": "(a) prescribing the procedure to be followed by any officer who is required or empowered by or under this Act to take action or hold inquiry in any matter or to give, serve or publish any notice;\n[(a1) prescribing the manner in which a copy of any award shall be served under sub-section (3) of Section 8 or sub-section (2) of Section 11;]\n(b) prescribing the cases in which, the officers to whom and the conditions subject to which, a Collector may delegate any of his powers or duties under this Act;\n[* * *]\n(b2) prescribing the manner in which, and the authority by whom, compensation shall be assessed under Section 5B;\n(c) prescribing the procedure to be followed by the Collector in giving authority for the carrying out of a work of repair or construction under Section 6 and the conditions, if any, under which such authority may be given;\n[* * *]\n[(d) prescribing the manner of preparing the accounts referred to in Sections 9 [and 36B] and the procedure for publication thereof and for hearing of objections thereto;\n(e) for the recovery of the expenses referred in Sections [11, 7] [24, 35A and 36C] ;\n[(f) prescribing the manner in which notices under Sections 32A and 32B shall be served or published, as the case may be;\n(g) prescribing the inquiry to be made and the notice to be given under sub-section (2) of Section 35A;\n(g1) prescribing the manner in which notices under sub-section (3) of Section 35A shall be served or published, as the case may be;]\n[g2)] prescribing the authority referred to in clause (a) of the proviso to subsection (1) of Section 36A;\n[(g3)] prescribing the authority to whom any question referred to in subsection (4) of Section 37 shall be submitted for decision;\n(h) for the recovery of any sum advanced by the Collector to any person or agency for the carrying out under any of the provisions of this Act, of any work of repair or construction and prescribing the rate of interest to be charged on any sum so advanced;\n[(i) prescribing the authority to whom an appeal shall lie under subsection (1) of Section 46 ; and\n(j) prescribing the procedure for the hearing and disposal of appeals.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "41",
            "title": "41. Power to summon and examine witnesses.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "42",
            "title": "42. Penalties.",
            "chapter": null,
            "content": "(a) interferes with the distribution of water from an irrigation work as entered in the record-of-rights or determined under Section 38 or in any other lawful manner;\n(b) destroys or moves any level mark or water gauge fixed by the authority of a public servant;\n(c) makes any dam, weir or other obstruction in any irrigation work;\n(d) obstructs the construction of any work ordered by the Collector under the provisions of this Act; or\n(e) constructs an irrigation channel in contravention of the provisions of Section 27 or of any order of the Collector under Section 30;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "43",
            "title": "43. Compensation to persons injured by offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "43A",
            "title": "43A. Claim for compensation to include whole loss.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "44",
            "title": "44. Order to discontinue improper use of water, or the removal of obstructions or work on conviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "45",
            "title": "45. Power of State Government to delegate powers or duties of Collector.",
            "chapter": null,
            "content": "[46. Appeal and revision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "5",
            "title": "47. Institution of suits to contest Collector's order under Section 5 or Section 30.",
            "chapter": null,
            "content": "(i) the order interferes with the lawful exercise of a right to which the person aggrieved is entitled or infringes a right superior to the right the exercise of which is allowed by the order; and\n(ii) such person is not entitled to claim under any of the provisions of this Act compensation for any loss which he has sustained or may sustain as a result of such interference or infringement;\n[48. Bar of jurisdiction of Civil Courts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "49",
            "title": "49. Bar to proceedings for act done in good faith.",
            "chapter": null,
            "content": "Notifications\nNotifications\nNotification No. MI Medium 24/63-2616 Agri. dated 20th May, 1963.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        }
    ],
    "metadata": {
        "Act ID": "bh370",
        "Act Number": "Bihar and Orissa Act 5 of 1922",
        "Enactment Date": "",
        "Act Year": "1922",
        "Short Title": "Bihar Private Irrigation Works Act, 1922",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}