Section 1. See now the Land Acquisition Act, 1894 (1 of 1894)

1. See now the Land Acquisition Act, 1894 (1 of 1894). On receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector shall cause enquiry to be made into the circumstances of the case, and if he thinks that the statement is established, he shall report his opinion thereon for the consideration of the State Government, and the State Government shall cause such measures in reference thereto to be taken as it thinks proper. to be made by the State Government, and such occupiers as accept the water shall pay for accordingly. "Occupier's rate" 1. See now the Indian Limitation Act, 1963 (36 of 1963). to be made by the State Government, and such occupiers as accept the water shall pay for accordingly. "Occupier's rate".— A rate so charged shall be called the "occupier's rate". 1[The rules hereinbefore referred to may prescribe and determine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupier's rate, of tenants and of persons to whom tenants may have sublet their lands or of proprietors and of persons to whom proprietors may have let the lands held by them in cultivating occupancy.] STATE AMENDMENT Uttar Pradesh Addition of new section 36-A in Act no. VIII of 1873.— After section 36 of the principal Act, the following shall be added as a new section 36-A:— "36-A. (1) There shall be levied on and collected from in the manner prescribed, the persons mentioned in sub-section (2) a development charge for recovering the cost of the land acquired or requisitioned and the cost of construction of the water-courses, and all works carried out, in connection with the implementation of the scheme, calculated — (i) for the cost of acquisition and requisition of the land at the rate of 40 Naya Paise per acre per annum ; and to be made by the State Government, and such occupiers as accept the water shall pay for accordingly. "Occupier's rate" (ii) for the cost of constructing the water-courses and for carrying out the works connected therewith, at the rate of 60 Naya Paise per acre per annum. 1. Cf. definition in the General Clauses Act, 1897 (10 of 1897), s. 3 (11). may, by notification in the Official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof. to be made by the State Government, and such occupiers as accept the water shall pay for accordingly. "Occupier's rate" (2) Every person having a holding in the irrigable command area except those who have surrendered or transferred by way of gift, as the case may be, to the Gaon Sabha such portion of their land on which any watercourse has been constructed, or on which any work connected therewith has been carried out, shall be liable and pay till such time as the cost together with interest at 4 per cent per annum on the same, has been realized in full to the State Government, if the cost of acquisition has been met out of the Consolidated Fund of the State, or to the Gaon Sabha, if the compensation for acquisition or requisition has been paid by the Gaon Sabha, a development charge levied under clause (i) of sub-section (1), and every person in that area, who has failed to implement the scheme in accordance with the provisions of sub-section (5) of section 30-C, or sub-section (2) of section 30-D, so far as it relates to his land, shall, in lieu of the benefits derived from the implementation of the scheme, pay till such time as the expenditure incurred in this connection, together with interest at 4 per cent per annum on the same, has been realized in full, to the State Government or the Gaon Sabha, whose ever may have constructed the water-courses or carried out the works connected therewith, in the implementation of the scheme, a development charge levied at the rate provided in clause (ii) of sub-section (1) ; Power to clear land 1. See now the Land Acquisition Act, 1894 (1 of 1894). Power to clear land.— and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle; Power to inspect and regulate water-supply.— And may also enter upon any land, building or water-course on account of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of such canal: Notice of intended entry into houses.— Provided that, if such Canal-officer or person proposes to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days' notice in writing of his intention to do so. Compensation for damage caused by entry.— In every case of entry under this section, the Canalofficer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section; and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final. to be made by the State Government, and such occupiers as accept the water shall pay for accordingly. "Occupier's rate" Provided however that the development charges shall in the first instance be payable to the State Government till such time as the expenditure incurred by it in this connection, together with interest at 4 per cent per annum on the same, has been realized in full ." [ Vide Uttar Pradesh Act V of 1963, s. 4] 1. ss. 40 to 43 rep. in the Punjab by the Punjab Tenancy Act, 1887 (16 of 1887), s. 3 and the Schedule. If such person makes default in the payment of any sum collected by him under this section, such sum may be recovered from him by the Collector under section 45; and, if such sum or any part of it be still due by the said third party, the sum or part so due may be recovered in like manner by the Collector from such third party. 1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908). (8) being liable to furnish labourers under Part VIII of this Act, fails without reasonable cause, to supply or to assist in supplying the labourers required of him; (9) being a labourer liable to supply his labour under Part VIII of this Act, neglects, without reasonable cause, so to supply, and to continue to supply, his labour; (10) destroys or moves any level-mark or water-gauge fixed by the authority of a public servant; (11) passes, or causes animals or vehicles to pass, on or across any of the works, banks or channels of a canal or drainage-work contrary to rules made under this Act, after he has been desired to desist therefrom; (12) violates any rule made under this Act, for breach whereof a penalty may be incurred. Penalty.— shall be liable, on conviction before a Magistrate of such class as the State Government directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not exceeding one month, or to both.