Rajasthan Minor Irrigation Works Act, 1953
No: 12 Dated: Apr, 25 1953
The Rajasthan Minor Irrigation Works Act, 1953
Act No. 12 of 1953
An Act to provide for the construction, improvement and maintenance of minor irrigation works in the State of Rajasthan.
Whereas it is expedient to make provision for the construction, improvement and maintenance of minor irrigation works in the State of Rajasthan, It is hereby enacted as follows :-
Part I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Minor Irrigation Works Act, 1953.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on the date of its first publication in the Official Gazette.
2. Definitions. - In this Act. unless there be something repugnant in the subject or context,-
(1) "construction" (with its grammatical variations and cognate expressions) includes improvement within a limited time and in a specific manner:
(2) "Minor Irrigation Work" or "work" means an irrigation, submersion, drainage, or protective work or system of such works, natural or artificial, of which the construction or maintenance by the State Government appears to that State Government to call for action under this Act:
Provided that the cost of such construction or in the case of maintenance, the value of such work or works does not exceed Rs. 15.000/-.
(3) "owner" includes a mortgagor or mortgagee in possession; but does not include a mortgagor or mortgagee out of possession or a lessee for a term of years nor, where a superior and an inferior right of ownership co-exist, the owner of the superior right; and
[(4) X X X]
Part II
Preparation of Scheme
3. Preliminary order of State Government. - The State Government may direct the Collector or any other person to make inquiry whether it is desirable to undertake the construction or maintenance of a minor irrigation work of any description in any specified local area.
4. Publication of Preliminary Order. - (1) The Collector shall, thereupon publish a notice in the village or villages concerned specifying the place at which and the date (which shall not be earlier than forty-two days after the date of such publication) on which the inquiry shall be held, and shall also, subject to any rule made under section 49, cause a copy of the notice to be served on any owner whose land he believes to be likely to be affected by the proposed construction or maintenance.
(2) The notice shall set forth the general character of the proposed construction or maintenance, and shall invite all persons having interest likely to be affected thereby to submit any objection or suggestion that they may desire to make on or before a date specified in the notice and to produce any evidence in support of such objection or suggestion on the date appointed for the holding of the inquiry.
5. Implied consent of owners. - Every owner of land likely to be affected by construction or maintenance who fails within the period allowed by the notice to submit any objection or suggestion in the manner prescribed, shall be deemed for the purposes of this Act to have given his consent thereto.
6. Inquiry and report by Collector. - (1) If the Collector or other person appointed to make the inquiry after considering any objection or suggestion duly submitted and taking such evidence as he thinks necessary, finds that the owners of at least one-half of the land likely to be affected by the construction or maintenance of the work consent, or are deemed to consent, to such construction or maintenance, he shall embody his proceedings in a report to be submitted to the State Government and shall in such report make proposals as to the manner in which the State Government is to be compensated or to recoup itself for any expenditure, whether capital or recurring, incurred by it.
(2) If the owner of more than one-half of the land affected or likely to be affected are opposed to the construction or maintenance of the work, a report to this effect only shall be submitted to the State Government.
7. Notification by the State Government directing draft scheme to be prepared. - Upon receipt of the report referred to in sub-section (1) of the preceding section, the State. Government may. after such further inquiry if any, as it thinks fit, publish a notification in the Official Gazette directing the preparation of a draft scheme of construction or maintenance or of both.
8. Powers of officer preparing Draft schemes. - Upon such publication, any officer empowered by the State Government in this behalf by general or special order may enter, or depute any other person to enter, upon any lands within the area specified in section 3, or on any lands adjacent thereto, for the purpose of doing any act necessary in his opinion for the preparation of the draft scheme, provided that reasonable notice shall be given before entry is made into any building or any enclosed court or garden attached to a dwelling house.
9. Compensation for damages caused by entry under section 8. - In case of entry under section 8, the officer empowered under that section shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under that section and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.