7. Subject to the provisions of Part III, whenever it shall appear to the Engineer that any of the following acts should be done or works (including any work of repair) executed, that is to say:

(1) that any embankment which connects public embankments, or forms by junction with them part of a line of embankments, or that any embankment or water course which is necessary for the protection or drainage of the neighbouring areas, should be taken charge of and maintained by the Government or the Authority;

(2) that any embankment which connects public embankments or forms by junction with them part of a line of embankments or is necessary for the protection of the neighbouring areas, should be repaired;

(3) that any embankment, or any obstruction of any kind, which endangers the stability of a public embankment or the safety of any town or village, or which is likely to cause loss of property by interfering with any water course or with the general drainage or the flood drainage of any tract of land, should be removed or altered;

(4) that the line of any public embankment should be changed or lengthened, or that any public embankment should be renewed, or that a new embankment should be constructed in place of any public embankment, or that any embankment should be constructed for the protection of any lands or for the improvement of any water-course, or that a sluice in any public embankment should be made;

(5) that any sluice or water course should be made, or that any water course should be altered for the improvement of the public health, or for the protection of any village or cultivable land;

(6) that any road which interferes with the drainage of any tract of land should be altered, or that any water course under or through such road should be constructed;

he shall prepare or cause to be prepared estimates of the cost of such works, including such proportion of the establishment charges as may be chargeable to the works in accordance with the prescribed rules or as may be specially directed by the Government or the Authority, together with such plans and specifications of the same as may be required. He shall also prepare or cause to be prepared from the survey map of the district, a map showing the boundaries of the lands likely to be benefited or affected by the said acts and works, and he shall issue a general notice of his intention to execute or cause to be executed such works.

8. Such general notice shall be in the prescribed form stating, as far as possible, the prescribed particulars of all lands which are likely to be affected by the proposed work and to be chargeable in respect of the expenses of executing the same and shall be published in the prescribed manner. A copy of the said estimates, specifications and plans together with a copy of the maps aforesaid, shall be deposited in the office of the Engineer and shall be open to the inspection of any person interested who shall be allowed to take copies thereof and to file objections, if any, against the execution of the proposed work, within thirty days from the date of the publication of such notice.

9. The Engineer shall, on the day appointed for the hearing, or on any subsequent day to which the hearing may be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.

10. (1) After holding such inquiry, the Engineer shall proceed as follows, that is to say, (a) if he considers that the proposed act or work or any modification of the same should not be done or executed, or(b) if he considers that the proposed act or work or any modification of the same should be done or executed,he shall record his decision to that effect and submit a report to the Project Director of the Authority to whom he is subordinate. (2) The decision of the Engineer under clause (a) or clause (b) of sub section (1) shall be announced in the prescribed manner.

11. Any person aggrieved by a decision of the Engineer under section 10 may, within thirty days from the date of its announcement, prefer an appeal to the Project Director of the Authority to whom the Engineer is subordinate. After the expiry of the said period, the Project Director of the Authority shall proceed to consider the report and the appeal, if any, and after making such further inquiry, as he may deem necessary, may record an order confirming, modifying or reversing the Engineer's decision and shall, as soon as possible, forward the report submitted by the Engineer, together with his remarks or order on appeal, if any, for the consideration of the Government or the Authority.

12. On receipt of such report, Government or the Authority shall proceed to consider the same and shall pass such orders as it deems appropriate. Every order that the proposed work, or any modification thereof, be done or executed shall be notified by the Government in the official Gazette.

13. Notwithstanding anything contained in this Part, the Government or the Authority may, by a special order passed in respect of any act or work specified in section 7, or by a general order in respect of any class of such acts or works, authorise the Engineer to pass, after such enquiry as is prescribed in section 9, an order that such act or work or any modification thereof may be done or executed without previous reference to any superior authority; or the Government or the Authority may authorise the Project Director of the Authority to pass such order without previous reference to any superior authority: Provided that every such order passed under the authorisation of the Government or the Authority, as the case may be, shall be subject to the provisions of section 67.

14. (1) Whenever an order shall have been passed in cases falling under clause (6) of section 7 directing that any road owned by a local authority, which interferes with the drainage of any tract of land, be altered, or that any water-course be constructed under or through such road, the Engineer may require such authority to make such alteration or construct such water course, and in the events of its failing to comply with such requisition in such manner and within such time as the Engineer may prescribe, the Engineer may cause the road to be altered or the water course to be constructed by the officers of the Government or the Authority. (2) The expenses of such alteration or construction shall be borne by the local authority concerned so far as the same shall have been incurred on account of insufficient provisions having been made at the time of the construction of the said road for the natural drainage then existing, and the remainder of the expense, if any, shall be charged upon, and recovered from the owners of the lands benefited, in accordance with the provisions of this Act. If any dispute arises as to the apportionment of expenses under this clause between such authority and the owners of the lands benefited, the dispute shall be decided by the Government or the Authority, whose decision shall be final.

15. (1) (a) If any person desires that a bridge, culvert, syphon or sluice be made in any public embankment for the purpose of drainage, or(b) if, within any area which has been included in a notification under section 6, any person desires that any new embankment be erected, that any existing embankment be lengthened, enlarged, repaired or removed, or that the line of any embankment be altered, or that any new water-course be made, or that any water course be obstructed or diverted, he may make an application in writing to the Engineer. (2) The application shall contain such particulars of the lands likely to be benefited or affected by the work as may enable the engineer to judge of the advantage which may be derived from the project. (3) If it should appear to the Engineer that the work applied for is one which may be executed with advantage, the procedure mentioned in the 7th and following sections of this Act shall be followed in respect of the proposed work.

16. Whenever the Engineer shall be of opinion that the removal of any trees, houses, huts or other buildings, situated between a public embankment and the river, is necessary, or that land is required for widening an existing embanked tow path, or for construction of a new embanked tow-path, he shall make a report to that effect to the Deputy Commissioner of the District concerned, accompanied by a detailed statement of the trees, houses, huts or other buildings to be removed or of the land required. The Deputy Commissioner shall submit such report to the Government or the Authority through the Commissioner of the Division in order that proceedings may be taken for obtaining possession of such trees, houses, huts and buildings or land in accordance with the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.

17. If any works proposed to be undertaken in accordance with this Act, or the lands which are likely to be benefited or affected by such works, are situated within the limits of different Divisions under the Water Wing of the Authority, the Engineer of any Division within which any portion of such works or land is situated may apply to the Project Director of the Authority of the Circle concerned for authority to proceed in such matter; and the Project Director of the Authority of the Circle, with the concurrence of any other Project Director of the Authority within whose Circle any such lands are situated, may give authority to such Engineer, or to any other Engineer within whose Division any portion of such lands is situated, to carry out all or any proceedings under this Act in respect of all the lands benefited or affected by such works.

18. The Engineer may make any repairs in, and may do all acts necessary and proper for the maintenance of, any public embankment, public water course or any other work executed or taken charge of under the provisions of this Act or of any previous similar Act.

19. (1) Whenever any person desires that a temporary road-way should be made over, or that temporary water course should be made through, any public embankment, or that a temporary dam should be constructed in any embanked river or public water course, he shall apply to the Engineer or to any person appointed in that behalf by the Engineers. (2) Such Engineer or person shall communicate the application with his opinion to the Project Director of the Authority of the area concerned and shall await the Project Director of the Authority order in respect thereof, unless he thinks that there is special reason for the immediate execution of the work, in which case he may execute the same or cause it to be executed without waiting for the orders of the Project Director of the Authority. (3) The proposed work shall be executed by an officer of the Government or the Authority on the applicant's depositing the amount estimated by the Engineer to be necessary to defray the expenses of, and incidental to, making and removing such road way, or of, and incidental to, making, closing or removing such water course or dam. If the amount deposited is found afterwards to exceed the amount required, such excess shall be returned to the said applicant.

20. Sluices constructed in any public embankment shall be opened or shut only by or with the general or special permission of the Engineer or of the officer in the immediate charge of the embankment, under such orders, either general or special, as he may receive from the Engineer.

21. (1) It shall be lawful for the Engineer, or any person whom he may authorise in writing in that behalf, in order to carry out any of the purposes of this Act, to enter upon and survey, and take levels of any land; to dig or bore into the sub soil; to do all other acts necessary to ascertain whether the land is adapted to the purpose projected by such Engineer; to set out the boundaries of the land proposed to be taken and the intended line of the work proposed to be made thereon; to mark such levels, boundaries and line, by placing marks and cutting trenches; and, where otherwise the survey cannot be completed or the levels taken, to cut down and clear away any part of any standing crop, fence or jungle: Provided that the Engineer or such person shall not enter into any building or upon any enclosed courtyard or garden attached to a dwelling house without previously giving the occupier thereof at least seven days' notice in writing of his intention to do so, except with the written consent of such occupier. (2) The Engineer or other person so authorised shall, at the time of such entry, tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so tendered, he shall at once refer the dispute to the Deputy Commissioner whose decision thereon shall be final.

22. Whenever it is deemed requisite to repair any embankment or water course, or embanked tow path maintained by the Government or the Authority, it shall be lawful for the Engineer, or any person authorised in writing in that behalf, to enter in and upon the lands mentioned in section 5, and to take possession of, appropriate and remove any earth or other material from such lands, and to use the same for the purposes of such repairs.

23. When any such land is rendered permanently unfit for cultivation by any such act as aforesaid, the Government shall, upon application for that purpose made by the owner thereof, acquire such lands under the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.