The Irrigation Act, 1876

The Irrigation Act, 1876

( ACT NO. III OF 1876 )

Settlement of disputes as to mutual rights and liabilities of persons interested in village-channel
87. Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the dues, construction or maintenance of a village-channel, any such person interested may apply in writing to the canal-officer stating the matter in dispute.
Such officer shall thereupon give notice to the other persons interested that on a day to be named in such notice, he will proceed to inquire into the said matter, and, after such inquiry, he may pass his order thereon, or may transfer the matter to the Collector, who shall thereupon inquire into and pass his order on the said matter.
Dispute as to shares and payments
88. Whenever any dispute arises among joint owners of a village-channel as to their shares of expense or as to the amounts severally contributed, or as to failure on the part of any owner to contribute his share, the matter may be decided after inquiry by the canal-officer or Collector, as provided in the last preceding section.
Order passed by Collector and canal-officer to remain in force until set aside by Civil Court
89. Any order passed by the Collector, under either of the two last preceding sections, and, subject to the provisions of section 91, any such order passed by a canal-officer, shall remain in force until set aside by the decree of a Civil Court, and may be executed by any canal-officer as if it were a decree of the Civil Court.
Jurisdiction as to suits arising out of powers of distraint
90. All suits arising out of the exercise of the power of distraint for recovery of water-rates,
or out of any acts done under colour of the exercise of the said power of distraint,
or by person in receipt of the water-rates against any agents employed by them in the collection of such water-rates, or the sureties of such agents for money received or for accounts kept by such agents in the course of such employment, or for papers in their possession,
shall be cognizable by the same Court or authority as would have jurisdiction if such water-rates were rent due for the land irrigated.
Appeal and supervision
91. Every order passed by a canal-officer under Part V, Part VI, Part VII or Part VIII of this Act shall be appealable to the Collector, provided that the appeal be presented within thirty days of the date on which the canal-officer made the order appealed against; and no appeal shall lie against any proceeding or order of the Collector under this Act, except as otherwise expressly provided in this Act, but all such proceedings and orders shall be subject to the supervision and control of the Commissioner of the Division and of the Board of Revenue, who may pass such order thereon as they may respectively think fit.
Power to summon and examine witnesses
92. Any officer empowered under this Act to conduct any inquiry may exercise all such powers connected with the summoning and examining of witnesses, as are conferred on Civil Courts by the Code of Civil Procedure, 1908; and every such inquiry shall be deemed a judicial proceeding.

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