(1) The Irrigation Officer on being satisfied that the construction of field--channels in any area is necessary in public interest for supply of water from an irrigation work to lands requiring such supply for purposes of cultivation, shall declare by notification that such field--channels may be constructed after a date to be specified in the notification, not being earlier than thirty days from the date of publication thereof. A copy of such notification shall be sent to the Tahsildar of the area for the publication in the villages concerned.
(2) After the date specified in the notification under sub--section (1), the Irrigation Officer shall determine the suitable alignment for the field--channels and shall mark out the land, which in his opinion, it is necessary to occupy for the construction thereof. He shall forthwith publish a notification by affixture on the notice board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such notification to the Tahsildar for publication in every village through which the field--channel is taken and on such lands. He shall also send a copy of such notification to the Deputy Commissioner of every district in which such land is situated.
Section 16 - Deputy Commissioner to acquire land
(1) On receipt of a copy of notification under section 15,1[the Deputy Commissioner shall issue notices to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving them a reasonable opportunity of being heard, if satisfied] that such land is required for a field--channel, proceed to acquire and take possession of such land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been issued by State Government for the acquisition thereof under section 6 of that Act and as if the State Government had thereupon directed the Deputy Commissioner to take order for the acquisition of such land under section 7 of the said Act and as if the State Government had issued orders for immediate possession being taken under section 17 of the said Act.
(2) Notwithstanding anything contained in the Land Acquisition Act, 1894, the acquisition of any land for the purpose of constructing a field--channel under section 15 shall be deemed to be for a public purpose2[x x x].
2[Explanation I x x x
Explanation II x x x]
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1. Substituted by Act 12 of 1969 w.e.f. 19.6.1969.
2. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 17 - Such acquired land to remain as property of Government
On possession of the land being taken, the Irrigation Officer shall fix the boundary marks in the prescribed manner, and thereupon ownership of such land shall vest in the State Government.
Section 18 - x x x
1[18. x x x]
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1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 19 - x x x
1[19. x x x]
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1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 20 - Obligations of 1[user of] the field--channel
20. Obligations of 1 [user of] the field--channel
(1) Every 1 [user of] the field--channel shall be bound,--
(a) to maintain such field--channel in a fit state of repair for the conveyance of water;
2 [(b) x x x]
(2) Every user of a field--channel 2 [x x x] shall, subject to the provisions of Chapter IV, be entitled to have a supply of water by such field--channel on such terms as may be prescribed.
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1. Substituted by Act 12 of 1969 w.e.f. 19.6.1969.
2. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 21 - x x x
1[21 x x x]
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1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 22 - x x x
1[22 x x x]
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1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 23 - x x x
1[23 x x x]
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1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 24 - If user fails to execute work or to repair field--channel Irrigation Officer may execute the same
(1) If any user of field channel fails to fulfil any obligation imposed upon him by clause (a) of sub--section (1) of section 20, the Irrigation Officer may require him, by notice, to execute the necessary repair within a period to be specified in such notice, of not less than seven days, and , in the event of failure may execute the same, and except as hereinafter provided in this section, all expenses incurred in the execution of such repair shall be a sum due by such user to the State Government recoverable as an arrear of land revenue.
1[Provided that in respect of an irrigation work entrusted to a Water Users Society such expenses shall be deemed to be dues by such user to a co--operative society and shall also be recoverable in accordance with the provisions of the Karnaatka Co--operative Societies Act, 1959.]
2[(2) x x x]
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1. Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
2. Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 25 - x x x
1[25. x x x]
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1 . Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Section 26 - Construction of field channel in lands acquired
1[26. Construction of field channel in lands acquired
After any land has been acquired under section 16 and has vested in the State Government under section 17, the Irrigation Officer shall construct the field channels necessary in the area.]
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1. Substituted by Act 12 of 1969 w.e.f. 19.6.1969.