Government may prohibit formation of obstructions within certain limits
40. Whenever it appears to the Government that injury to the public health or public convenience, or to any canal, or to any land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, the Government may, by notification published in the official Gazette prohibit, within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction.
Thereupon so much of the said river, stream or natural drainage channel as is comprised within such limits shall be held to be a drainage work as defined in section 3.
Canal-officer may issue notice to person causing obstructions
41. The canal-officer or other person authorized by the Government in that behalf may, after such publication, issue and order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.
Canal-officer may cause obstructions to be removed
42. If, within the time so fixed, such person does not comply with the order, the canal-officer may cause the obstruction to be removed or modified; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as a demand.
When drainage works necessary, Government may order scheme to be drawn up and carried out
43. Whenever it appears to the Government that any drainage works are necessary for the public health, or for the improvement or proper cultivation or irrigation of any lands in districts to which the provisions of the 1[* * *] Embankment and Drainage Act, 1952, do not, apply, or that protection from floods or other accumulations of water, or from erosion by a river, is required for any lands,
the Government may cause a scheme for such works to be drawn up and carried into execution, and the persons authorized by the Government to draw up and execute such scheme may exercise in connection therewith all or any of the powers conferred on canal-officers by sections 33, 34 and 35, and shall be liable to any or all of the obligations imposed upon canal-officers by sections 36 and 37.
Disposal of claims to compensation
44. Whenever, in pursuance of a notification made under section 40, any obstruction is removed or modified;
or whenever any drainage-work is carried out under the last preceding section,
all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction, or the construction of such work, may be made before the Collector, and he shall deal with the same in the manner provided in Part II; but no compensation shall be allowed for any damage arising from increase of percolation.
Limitation of such claims
45. No such claim shall be entertained after the expiration of six months from the occurrence of the loss complained of, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.