RMIW Act 36Chapter VI · Jurisdiction and Procedure

Section 36 · Settlement of disputes between private persons

(1)

Subject to the provisions of section 41, whenever a dispute arises between two or more persons in regard to any right or liability arising from the construction of maintenance under this Act of a minor irrigation work in respect of which an approved scheme have been published or arising from the issue of any order under this Act in respect of such work, any such person may apply in writing to the officer-in-charge of work stating the matter in dispute.

(2)

That officer shall thereupon give notice to the other persons interested that on a day to be named in the notice, he will proceed to inquire into the said matter.

(3)

On the day fixed for the inquiry, or on any subsequent day, the aforesaid officer shall pass an order determining the matter in dispute, unless he transfers (as he is hereby empowered to do) the matter to the Collector who, in such case, shall inquire into and pass an order determining the said matter.

(4)

An order under sub-section (3), may award compensation to any person who is a party to the proceedings against any other such person for any injury sustained; and any compensation so awarded shall be recoverable upon application made to the Revenue Court having jurisdiction in the area concerned, a if it had been awarded by a decree of that Court.

(5)

The order of the officer-in-charge of the work or of the Collector, as to the use or distribution of water, shall be final so far as it applies to any crop sown or growing at the time when such order is made, and, so far as it applies to any future crop, shall remain in force until and except so far as it is set aside by a subsequent order passed in a fresh dispute under this section or by a decree of a Civil Court passed in a suit or proceeding within its jurisdiction.

(6)

For the purpose of sub-section (5), a dispute shall be deemed to be a fresh dispute when it arises out of different or changed circumstances.

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