Amendment status not verified — confirm the current text below against the official source.
This has been substituted by M. P. Irrigation (Amendment) Act, 1953 (No.1 of 1953). Section-91B,C] M.P. Irrigation Act, 1931 [71 91-C. Payment of compensation.- (1) Whenever in pursuance of sub-section (1) of section 91-6 any property is requisitioned, there shall be paid compensation determined In the manner and in accordance with the principles hereinafter set out, that Is to say (a) Where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) Here no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the requisitioned property is situated; (c) No Compensation shall be payable to any person other than a person who in the opinion of the State Government or the arbitrator owns or has an interest in the tank requisitioned; (d) During the period the tank remains under requisition the amount of compensation payable annually to the person owning or having an interest in suet tank shall not exceed the average annual Income, of such person during the three years immediately' preceding the requisition calculated after deducting the expenditure incurred on the maintenance of such tank from: (i) Irrigation dues; (ii) Use of the tank for growing Singhara, fishing, or any other purpose of like nature whether b the person aforesaid himself or his lessee; (iii) Sale of grass from the embankment of the tank. Section-91C,D] M.P. Irrigation Act, 1931 [72 (2) The decision of the arbitrator proceeding and under this section shall be final and conclusive and save as provide in this section nothing in any law for the time being I force shall apply to an arbitration under this section. (3) The payment of compensation under this section to the person, who in the opinion of the State Government or the arbitrator, as the case may be, owns or has an Interest in the tank requisitioned shall be a full discharge of It State Government from all liability in respect of such compensation, but shall not prejudice any rights in respect of II said tank to which any other person may be entitled by dl process of law to enforce against the person to whom compensation has been paid as aforesaid. 91-D. Preparation of list of all land commanded by tank.- (1) There shall be prepared a list of all lat commanded by a tank requisitioned under sub section (1) of section 91-6 as soon after its requisition as possible. (2) Every such list s hall show the name of the occupier of each parcel of land and whether water was being given to him for the irrigation of his land from the requisitioned tank and the water rate paid by him, If any, to the owner of the tank. (3) Every such list shall be published In the manner laid down by rule made under this Chapter and thereupon such list shall be conclusive record of the fact stated therein. Section-91E,F] M.P. Irrigation Act, 1931 [73 91-E. Release from requisition.- Where any requisitioned property is to be released from the requisition, the State Government may after making such enquiry, if any, as may be considered necessary specify by order In writing the person to whom possession of the property shall be given. (2) The delivery of possession of the property as aforesaid to the person specified in an order made under subsection (1) shall be a full discharge of the State Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the property to which any other person may. Be entitled by due process of law to enforce against the person to whom possession of the property Is so delivered. (3) Where the person to whom possession of any requisitioned property Is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the property and publish the notice In the Gazette. (4) When a notice refered to in sub-section (3) is published In the Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of the property for any period after the said date. 91-F. Power to acquire requisitioned property.- (1) Subject to the provisions of sub-section (3) the State Government may at any time when any requisitioned property continues to be subject to requisition under sub-section (1) of section 91-B acquire such property by publishing in the Gazette a notice to the effect that the Government has decided to acquire such property in pursuance of this section. Section-91-F] M.P. Irrigation Act, 1931 [74 (2) When a notice as aforesaid is published in the Gazette the requisitioned property shall on and from the beginning of the day on which the notice is so published vest absolutely In the State Government free from all encumbrances and the period of requisition of such property shall end. (3) No requisitioned property shall be acquired under the section except in the following circumstance, namely; (a) where any canals, water-courses or other works connected with such tank have during the period of requisition been constructed wholly or partly at the expenses of the State Government and the State Government decides that the value of or the right to use such canals, water-courses or works should be preserved or secured for the purposes of the State Government or the owner declines to reimburse the State Government the expenditure incurred on the construction of such canals, water courses or works or any improvement made to the tank: or (b) where the cost of restoring the property to Its condition at the time of its requisition would in the determination of the !5tate Government be excessive, having regard to the value of the property at that time, and the owner declines to accept the release from requisition of the property without payment of further compensation from the State Government. (4) Any decion or determination of State Government under sub-section (3) shall be final and shall be not called in question in any Court. Section-91F,G] M.P. Irrigation Act, 1931 [75 (5) In respect of any acquisition of requisitioned property, the amount of compensation payable shall be ten times the amount of compensation fixed under section 91-c or a sum equal to the market value of the requisitioned property on the date of notice under sub-section (1), whichever is less; and such amount shall be determined and paid in accordance with the provision contained in clause (a) or clause (b) of sub-section (1) and sub-section (2) of section 91-C. (6) The payment of compensation under this section to the person who, in the opinion of the State Government or the arbitrator as the case may be, owns or has an interest in the tank acquired shall be a full discharge of the State Government from all liability in respect of such compensation, but shall not prejudice any rights in respect of the said tank to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid as aforesaid. Explanation- For the purpose of clause (a) of sub-section (3) “works” includes any building construction, improvements of every description and planting of any mechanical contrivance designed to lift water from a tank. 91-G.Limitation for claims against the Government- No claim for compensation payable under this Act, shall lie against the Government Section-91-H,K] M.P. Irrigation Act, 1931 [76 91-H. Power to remove difficulty- (1)If any difficulty arises in giving effect to the provisions of this Chapter ,the State Government may by an order published in the Gazette amend any provision of this Act other than that contained in this Chapter for the purpose of removing the difficulty. (2) Any amendment made by an order published under sub-section (1) shall have effect as if enacted in this Act. 91-I.RULES- (1) The State Government may by notification make such rules as appear to it to be necessary or expedient for carrying out the provisions of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters, namely: (i) The procedure to be followed in arbitrations under section 91-C ;(ii) The principles to be followed in apportioning the costs of proceedings before the arbitrator. 91-J. Delegation of power.- The State Government may by notification delegate all or any of its powers under this Chapter, except the powers specified in sections 91-H and 9-1 to any authority which it thinks fit. 91-K. Interpretation. - For the purposes of this Chapter (i) the definition of canal in section 3 shall be construed as if for the words "by the State Government" occurring in clause (a) of that section the words "whether by the State Government or any other person" had been substituted therein; (ii) The expression "requisitioned property" means property Requisitioned under sub- section (1) of section 91-B Section-92] M.P. Irrigation Act, 1931 [77 Chapter IX-B Application of the Act to Berar. Deleted Chapter X Rules. Offences and Repeals