PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor.
The following Act of the Gujarat Legislature, having been assented to by the Governor on the 2Oth March, 2013, is hereby published for general information. ,
C. J. GOTHI,
Secretary to the Government of Gujarat, Legislative and Parliamentaly Affairs Department.
GUJARAT ACT NO. 6 OF 2013.
(First published, after having received the assent of the Governor, in the
"Gujarat Government Gazette", on the 22"d March, 2013)
AN ACT
to provide for irrigation and drainage in the State of Gujarat. EREAS it is necessary to make provisions for the construction relating to ilrigation in the State of Gujarat and for the matters colmected therewith'and incidental thereto.
It is hereby enacted in the Sixty-foulth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (I) This Act may be called the Gujarat Irrigation and Drainage Act, Short title, extent,
2013. commencement and application.
(2) It extends to the whole of the State of Gujarat. ` ̀
(3) It shall come into force on such date as the State Government may, by notification in the Ocia/ Gazette, appoint.
(4) It shall apply to all the works constructed or maintained relating to irrigation by the State Govermnent, State Government Institutions and Grant-in-Aid Institutions of the State and includes all services rendered thereof.
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`PART IV] 6-2
2.
tl)
(2)
(a) (b) (c) (d) (e)
(f)
(g)
(3)
(4)
OefiJ,itions
In this Act, unless the context otherwise requires, -
"Appellate Authority" means Canal-Officer of the rank of the Executive Engineer of the concerned project or palt of the project;
"canal" includes - all canals, channels, water-courses, pipes and resel-voirs constructed, maintained or controlled by the Government for the supply or storage of water;
all works, embankments, structures and supply and escape-channels connected with such canals, channels, pipes or reservoirs; and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs; all field channels, drainage-works and flood embacuts; river, stream, lake, natural collection of water or, natural drainage- channels or any part `thereof, to which the State Goneent may apply the provisions of section 4, or the water of which has been applied-or used before the passing of this Act for the purpose of any existing canal;
all lands belonging to the Govenrment which are situated on a bank of any canal, and which have been appropriated under the orders of the Goneent for the purposes of such canal;
all tubewells, artesian wells, borewells and dugwells, constructed by the Governnlent and maintained or controlled by the Goneent; percolation tank or pond used for recharge of ground water;
"Canal-officer" means any person or an officer appointed as a canal-officer under section 3 for the purposes of the Act;
"drainage work" means any work in connection with a system of irrigation or reclamation made or improved by the Governlnent for the pmpose of the drainage, whether under the provisions of section 14 or otherwise, and includes escape-'channels from a canal, dams, weirs, embankments, sluices, groins and other works-connected therewith, but does not include works for the removal of sewage from tow~s;
"Federation" means a federatin of recognised associations;
"field channel" means any chalmel or pipe, constructed and maintained by the holder of a land either by himself or jointly with other holders of lands or constructed by the Government and -
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(5)
(6)
PART IV]
(7)
6-3 maintained by such holder or holders beyond a water-course and includes all subsidiary works connected \vith any such channel or pipe;
"flood-embankment" means any embankment constructed or maintained by the Govermnent in connection with any system of in'igation or reclamation works for the protection of lands from inundation or which may be declared by the Govenlnlent to be maintained in connection with any such system, and includes all groins, spurs, dams and other protective works connected with such embankments;
"Govermnent" means the State Government;
"land under irrigable command of a canal" means such lands as are irrigated or capable of being irrigated from the canal, being under its command and shall include such lands as are or shall be deemed to be irrigated within the meaning of section 34;
"Lift Irrigation Scheme" means the scheme in which the water is pumped from water body such as liver, stream, drain, Hallo, kotar, lake, pond, reservoir, bandhara, canal, tube-lvell, natural collection of water, etc. and supplied to the area situated at higher elevation for the pulpose-of in.igation or other purpose;
"outlet" means an opening in a canal through which water is delivered into a water"-course, field-channel, pipeline or directly to any land;
"owner" includes every person having a joint interest in the ownership in land, building or such other things; and all rights and obligations which attach to an olvner under the provisions of this Act shall attach jointly and severally to every person having such joint interest in the ownership;
"prescribed" means prescribed by rules made under section 47;
"Water Conservation Structure" means any structure pern)anent or otherwise constructed or maintained for the purpose of impounding or diverting water of any river, stream, lake or any natural collection of water and includes any dam, weirs, bandhara, tidal regulator, checkdam, sluices, head walls, groins, spreading, chamlels or any other works constructed for water conservation;
"water'-course" means a chamlel constructed and maintained at the cost of the Government to supply water from an outlet;
"Water Users' Association (WUA)" means an Association as defined by clause (1) of section 2 of the Gujarat Water Users'
(8)
(9)
(IO)
(11)
(12)
(13)
(14)
(15)
(16)
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, . . . . . . . . .
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PART IV]
6-4
When water- supply to be applied to canal. *
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'Power of canal officer for applying water- supply.
Entry for inquiry.
Participatory Irrigation Management Act, 2007(in sholt "PIM Act,2007");
3. For carrying out the purposes of this Act, the State Governlnent may by notification in the Office\ct/ Goette -
appoint such officers not below the rank of Overseer or Additional Assistant Engineer as the canal-officer and assign to them such powers and such duties under this Act, as the State Government may deem fit and also specify the area of jurisdiction; autholise or empower the water users' association to appoint the office bearer of the Association to exercise such powers and perfonn such duties of the canal-officer,as the State Goveent may deem fit and also specify the area of jurisdiction. (cl)
(b)
CHAPTER II
CONSTRUCTION AND MAINTENANCE OF CANAL SYSTEMS
(A) pp/ication of Water for Purposes of Canals.
4. Whenever it appears expedient or necessary to the Govenllnent that the water of any river or stream flowing in a natural channel, or of any lake or any other natural collection of still water, should be applied or used by the State Govelnment for the purposes of any existing or projected canal, the State Goveent may, by notification in the Official Gazette, declare that the said water shall be so applied or used after such date as may be specified in the said notification, not being earlier than tllree months from the date thereof.
(B) Power of En-fly on Land, etc.
5. At any time after the date specified under section 4, any canal- officer duly empowered in this behalf may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water and for such purposes may take with him, or depute or employ, such employees and other persons as he deems fit.
6. Whenever it is expedient or considered necessary to make any inquiry or examination in conllection with a projected canal, or with the maintenance of an existing canal, any canal-officer duly empowered, in this behalf, and any person acting under the general or special order of any such canal-officer may,-
(a) enter upon such land as he may think necessary for the purpose, and
(b) exercise all powers and do all things in respect of such land as if the State Government had issued a notification under the provisions of
I of 1894.
4
6-5 section 4 of the Land /\cqu"isition Act, 1894 to the CIfeet that such land in that locality ~ litcly to be needed for the public purpose, and
(c) set up and maintain \tcr-'gauges and do all other things necessary for the prosecution of such inquiry and examination.
7. Any canal-officer or any person acting under the general or special Power to inspect order of any such canal-officer, may enter upon any land, building or water and regulate course, in respect of which any water-rate is chargeable, for the pulpose of "'ater'-supply. inspecting or regulating the use of the water supplied, or of measuring the land irrigated thereby or chargeable with a water-'rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied.
8. In case of any accident being apprehended or happening to a canal, Power to enter
any canal-.officer and person acting under the general or special order of for rePairs and
any such canal-officer, may enter upon any land adjacent to such canal, and to prevent
may take away trees and other materials, and execute all works, which may accldents.
be necessary for the purpose of preventing such accident or repairing any dalnage done.
9. When a canal-officer or other person proposes, under section 6, 7 or Notice to
8, to- enter into any building or enclosed court or garden attached to a occuPier of`
dwelling-house, not supplied with water from a canal, and not adjacent to a building' etc'
flood"embaent, he shall give prior notice to the occupier of such building, court or garden, as the urgency of the case may allow.
(C) ,Canal Crossings.
10. - (1) The crossing canals shall be provided at such places as the Means of crossing Goneent thinks necessary for the reasonable convenience of the canals to be inhabitants of the adjacent land, and suitable bridges, culverts or other ~et dto works shall be constructed to prevent the drainage of the adJacent land dalnage to be being obstructed by any canal. avoided.
(2) The Government may approve the crossing of canal systems by all types of utility lines, if it deems fit, after obtaining necessary deposits, rent, maintenance and repair charges and other applicable charges.
(3) The Goneent may approve the crossing of natural drain, diversion of natural drain by earthen bund or by any means if it deems fit.
(D) Removal of Obstructions to Drainage.
11. (1) Whenever it appears to the State Govelnment that injury to the State Government
public health or public conveni ence, or to any canal or to any such land for may Prohibit
which inigation from a canal is available, has arisen or may arise from the fati of
. - . onstructxons oI
obstruction of any river, stream or natural dralnage-'course, It may, by r ers, etc., with` in
notification in the Ocia/ Gazette, prohibit, within the limits to be defined certain limits.
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PART IV]
6-6
Catlal-officer may direct any person to remove obstruction. Canal-officer may cause obstruction to be removed.
. ~
When drainage works are necessary, State Government may order scheme to be carried out. b
Construction and maintenance of Field Channels.
in such noti~fication, the formation of any such obstruction, or may, within such limits, order the removal or other modii-leation of such obstruction.
(2) On publication of the notification under sub-section (1), the said river, stream or natural drainage channel, as is complised within such limits, shall be held to be a dramage work as defined by clause (4) of section 2.
12. Any canal-officer may, after publication of the notification under sub-section (1) of section 11, by an order, direct to any person causing or having control over any such obstruction to remove or modify the same within such time as may be specified in such order.
13. If within the time specif`ied under section 12 such person does not comply with the order, the canal-oft-leer may cause the obstruction to be removed or modified at the cost of such person; 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 by the Collector as an arrear of land-revenue.
(E) Constructto.n of Drainage Works.
14. (1) Whenever it appears to the State Govelnment that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of any land, or that protection from floods or other accunulations of water, or from erosion by a river, is required for any land, the State Governlnent may cause a scheme for such work to be drawn up and canied into execution.
(2) The person authorised by the State Govenlment may authorise any person to draw up and execute the scheme referred to under sub-section (1) and thereupon such person may exercise in conllection therewith the powers confen.ed on canal-officer under sections 6, 7 and 8 and shall be liable to the obligations imposed upon canal-officer under sections 9 and
22.
CHAPTER III
CONSTRUCTION AND MAINTENANCE OF FIELD CHANNELS
15. (1) Where there does not exist field channel in any service area in which lands are capable of being irrigated from a canal, the State Goveent may construct the field channel in the public interest at the cost of the State Govermnent, which is likely to be needed for construction of proposed field channel.
(2) Th field channel constructed by the State Government under sub- section (1) shall be maintained in accordance with the rules as may be prescribed.
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6-7
16. (1) tvery pel.son desiring to have a supply of water from a canal Application for
shall submit a writtc application to that effect to the canal-oftcer, in such suPPly of water.
form .alongwith such fecs as may be prescribed.
(2) The provisiol s of sub-section (1) shall not apply to the projects or part of the project where the minor canal selvice area is declared and implemented under section 3 of the PIM Act, 2007.
(3) On receipt of an application made under sub-section (1), the canal- officer may grant pennission for water to be taken subject to such conditions and restrictions, as to the limitation, control and measurement of the supply to impose in relation to the use of water for any palicular purpose as may be prescribed.
17. The supply of water to any field-channel or to any person who is Power to stop
entitled to such supply shall not be stopped except - water-suPPly' Gltj. 18 of 2007.
(a)
(b)
(c) (d) (e) whenever and so long as it is necessary to stop such supply for the pulpose of executing any work ordered by canal- officer;
whenever and so long as may field-channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water therefrom; whenever and so long as it is necessary to do so in order to supply in rotation, the legitimate demands of other persons entitled to water;
whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water; within the periods fixed from time to time by a canal-officer of which due notice shall be given;
whenever and so long as it is necessary to stop such supply pending a change in the source thereof by a canal-officer; in accordance with the condition, if any, providing for stoppage of water supply, subject to which pennission for water supply to be taken may have been given. -
(g)
18. When canal-water is supplied for the irrigation of one or more crops Duration of
only, the petmission to use such water shall continue until such crop or water snPPIy.
crops come to maturity, and shall be valid only for such crop or crops.
19. (1) Every agreement for the supply of canal-water to any land, Agreement for
building or other immovable propelty shall be transferable therewith, and s~lwl~
'shall be presumed to have been so transferred whenever a transfer of such property in respect
laud, building or other immovable property takes place. of which water supply given.
(2) No person entitled to use of any work or land appeltaining to any canal and except in the case of any such agreement as aforesaid, no person
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PART IV}
6 -8
CcHlPensation 20. Compensation may he awarded in respect of any substantial damage ~rbfe of caused by the exercise of any of the powers confen`ed by or uilder this Act,
substantial which is capable of being asceltained and estimated at the time of awarding
damage. such compensation:
Provided that no compensation shall be awarded in respect of any damage arising from -
(a)
(b)
(c)
(d)
deterioration of climate, or
stoppage of navigation, or the means of rafting timber or of watering cattle, or
stoppage or diminution of any supply .of water in consequence of the exercise of the power conferred by section 4, if no use has been made of such supply within the five years prior to the date of issue of the notification under section 4, or
failure or stoppage of the water in a canal, when such failure or stoppage is due to-
(i) any cause beyond the control of the State Govermnent,
(u") the execution of any repairs, alterations or additions to the canal, or
(iii) any measures considered necessary by any canal"
officer for regulating the proper flow of water in the canal, or for maintaining the established com'Se of irrigation;
but any person who suffers loss from any stoppage or diminution of bis water-supply due to any of the causes specified in clause (d) shall be entitled to such remission of the water-rate payable by him as may be authorised by the Governnlent.
Limitation of 21. No claim for compensation under this Act shall be entertained after
claims' the expiration of twelve months from the time when the damage complained has commenced, unless the Appellate Authority is satisfied that the claimant had sufficient cause for not making the claim within such period.
(B) Sun7lnal:l Decision. ComPensation for 22. In every case of entry upon any land or building under section 5, 6,
damage caused by 7 or 8, the canal-officer or person making the ently shall ascel`tain and
entry on land' etc' record the extent of the damage, if any, caused by the entry, or in the
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PART IV] 6-9
4
23. If the supply of water to any land irrigated from a canal is Compensation on
intemlpted otherwise than in the manner described in clause (d) of section account of 20, the holder of such land may prefer an appeal for compensation to the in terruPtio" of Appellate Authority for any loss arising from such interruption, and the `vater-s"PPly Appellate Authority, after consulting the canal-officer shall award to the applicant reasonable compensation for such loss.
24. The decision of the Appellate Authority under section 22 or 23 as to Decision as to
the amount of compensation to be awarded, or, if any rule framed under amount of
section 47, the decision of the appellate authoritv in the matter prescribed co"Pens.at'fln , r r - r conclusive.
under section 47 shall be conclusive and final.
(C) Formal Adjudicatto'n.
25. As soon as practicable after the issue of a notification under section Notice as to claim
4, the Collector shall cause a public notice to be given at convenient places, for comPensatifln
stating that the Government intends to apply or use the water as aforesaid, in ce'taifl cases and that claims for compensation may be made before him. A copy of sections 20 and 21 shall be atmexed to every such notice.
26. All claims for compensation under this Act, other than the claims Claim to be
provided for in sections 22 and 23, shall be made to the Collector of the referred to
district in which such claim arises. Collector'
27. (I) The Collector shall inquire into every such claim and detennine Provisions of Land
the amount of compensation, if any, which may, in his opinion be given to Acquisition Act,
the claimant, and shall make an award. 1894 to apply in `- Inquiry and
award.
(2) Eveiy award made under sub-section (1) shall be in the form of award declared under section 26 of the Land Acquisition Act, 1894, and the provisions of the said Act shall so far as may be, apply to the inquiry and the making of an award under sub-section (1).
28. In detennining the amount of compensation under section 27, regard Diminution in
shall be had to the diminution in the market-value, at the time of awarding market value to be
compensation, of the property in respect of which compensation is claimed. considered in fiXing
Where such market-value is not ascertainable, the amount shall be reckoned comPensat'on.
at twelve times the amount` of the diminution of the annual net profits of such propeity.
29. (1) All sums of money payable for compensation awarded under Compensation
section 27 shall be due three months after the claim for such compensation when due and
was made. interest thereon. I of 1894.
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6 - 10
q
, . A'. TR RATES .
(A) Stq,ply Rates. Rates for supply 30.. (1) The State Goveniinent may deterniine the rates leviable for
of c.anal- water' canal-water supplied for pulposes of in'igation, or for other pulposes. ,, (2) In case the construction of a new canal .or to the improvement or extension of an existing canal, the amount or duration of any water-supply, in respect of which either no revenue or a fixed amount of revenue has hitherto been paid .to the State Govermnent, is increased, rates shall be leviable tmder this section in respect of the increased water-supply only.
(3) The rates. shall be payable by the person on whose application the -water supply was granted, or by any person who uses the water so supplied.
(B) Water rates for unauthorts' ed used and waste of water.
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Liability when Person 31. If water supplied tllrough a field-channel be used in an unauthorised
using]IX I|| wale manner, and if the person by whose act or neglect such use has occurred ~edent Isey cannot cannot be identified -
(i) the person or all the persons on whose land such water has flowed, , . , if sucl` land has ~derived benefit there. from, or , .
(ii) if no land has derived benefit therefrom, the person, or all the persons chargeable .in respect of the water supplied tiTrough such field-chalmel,
dD,'
shall be liable, or jointly liable, as the case may be, for the charges which shall be payable for such use as may be prescribed.
Liability when 32. (I) If water supplied tlHough a field-channel be suffered to run to
water runs to waste, and if, after inquiry, the person through whose act or neglect such waste' water was suffered to run waste cannot be discovered, the person or the persons in-charge of the water supplied through a field-chamlel shall be liable, or jointly liable, as the case may be, for payment of such charges as may be prescribed which shall be made in respect of the water so wasted.
(2) All questions arising under sections 31 and 32 shall, subject to the provisions of section 43, be decided by the respective canal-officer.
Charges 33. All charges for the unauthorised use or for waste of water may be
ecove,rhie recovered,. as water-rates, in addition to any penalty as decided by the
in addition . "` - ` A - " t GK LxI]|eIlaItieS. Governnient on account ot such use or waste. -
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d
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PART IV] -l1
(C) Wate,. rates for percolat.ion and leu""~ "e.
34. If it appears to a canal-officer-
(i) that any cultivated land within two hundred meters of any nd deriving
canal receives, by percolation or leakage from such canal, an l-)e j 7 cfit from advantae equ~valent to that which would b inen by a direct " o!atio ~ f;.a,.f)fe 1 - - o paymeat o-i
supply of canal-water for Irrigation, or Va`ter ate.-
(u") that any cultivated land, wherever situate, derives by a surface..`ffow or by means of a well-sunk within t\vo hundred meters of any canal after the admission of water into such canal, a supply of water which has percolated or leaked from such canal, he may charge on such land a water-fate not exceeding that which would ordinarily have been charged for a similar direct supply to land similarly cultivated.
Explanation.- For the purposes of this Act, land charged ullder this section shall be deemed to be land irrigated from a canal.
35. If it appears to a canal-officer to enforce the provisions of this Levy of water rate
section that any natural stream, artificial drain or well Suldlk within two for use of
hundred meters of any canal is deriving percolation water from such canal, ercofat~on wer
and the water from such stream, drain or well is used for the purposes other ~rf~ gal 'on
than those of ilrigation, he may charge for use of such water, a water rate not exceeding that as would ordinarily have been charged if the supply had been made from the canal for such purposes.
(D) Recovery of water rates and other rates in arrears.
36. (1) Every water-rate leviable or charged under this Act shall be Payment and
pavable in such installments and on such dates and to such officers and in recovery of water
uh manner as may be prescribed; and if the person who is liable to pay and other
such installments, makes default in such payment on the date when it becomes due, be shall be liable to pay interest at such rate and within such period as may be prescribed.
(2) Any such rate of the installment specified in sub-section (1) or the interest which is not paid on the date when it becomes due shall be deemed to be an arrear of land revenue due on account of the land for the use of which canal-water was supplied or wllich was benefited by percolation or leakage from any canal and shall be recoverable as such arrear by any of Born. v or 1879. the methods specified in section 150 of the Gujarat Land Revenue Code, 1879, including the forfeiture of the said land.
(3) Any rent payable to the owner of a field-channel by a person authorised to use such field-channel may be paid in such installments and on such dates as the canal-officer shall direct and no more of such rent shall at any time be payable to the owner thereof than it is actually recovered from the person liable to pay.
d
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6-12
(4) (a) Any other sum due to the State Govern.ment or to a canal'-off-icer under the provisioIs of this Act whether on behalf of the State Govermneut or any otber person ulIder this Act which is not paid when demanded shall, and
(b) aly rent or installment thereof payable to the owner of a field-cllannel, w`ilicll is not paid when it becomes due may, on behalf of the owncr,
be recoverable as an arrear of land revenue in accordance with the Bow` V of 1879' pl.OviSiOnS of the Gujarat Land Revenue Code, 1879.
CHAPTER VII
OFENCES AND PENALTIES
Whoever voluntarily and without proper authority- Penalty for damaging
canal, etc.
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37.
Ci) (ii)
(iii)
(iv) (v) (vi) (vii) damages, alters, enlarges or obstructs any canal; interferes with, or increases or diminishes the supply of water in, or the flow of water from, tllrough, over or under any canal, or by any means raises or lowers the level of the water in any canal;
corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used; destroys, defaces or moves any land or level mark or water gauge fixed by the authority of a public servant; destroys, tampers with, or removes any apparatus or palt of any apparatus, for controlling, regulating or measuring the flow of water in any canal;
passes or causes animals or vehicles to pass, in or across any of the works, banks or chalmels of a canal contrary to the rules made under this Act, after he has been desired to desist therefrom;
causes or knowingly and wilfully permits cattle to. graze upon any canal or flood-embankment, or tethers or causes or knowingly and wilfnIly pelrnits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or embankment;
neglects, without reasonable cause to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do;
violates any rule made under this Act for breach thereof; (,'iii)
( I,-)
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PART IV]
XLV of 1860. shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code,l86O on conviction before a Magistrate, he punished for each of such offences with imprisomnent for a ternl which may extend to ibree months or with fine which may extend to five thousand rupees or with both.
.V\Tlloever without proper authority- 38.
pierces or cuts through or attempts to pierce or cut through or otherwise damage, destroy or endanger the stability of any canal;
opens, shuts or obstructs or attempts to open, shuts or obstructs any sluice in any canal;
makes any dam or obstruction for the purpose of diverting or opposing the current of a river or canal on the bank whereof there is a flood embankment or refuses or neglects to remove any such dam or obstruction when lawfully required so to do,
Penalty for endangerillg stability of canal, etc.(i)
(ii)
(iii)
4
shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code,1860 on conviction before a Magistrate of the First Class, be punished for each of such offences with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
XLV of 1860.
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39. Whenever any person is convicted under section 37 or 38, the Obstruction to
Magistrate may order that he shall remove the obstruction or repair the be removed and
damage in respect of which the conviction is held, W4ithin a period to be damage repaired'
fixed in such order. If such person neglects or refuses to obey such order Ivithin the period'so fixed, the canal-officer duly empowered in this behalf may remove such obstruction or repair such damage and the cost of such removal or repair, as certified by the said officer, shall be leviable from such person by the Collector, as an arrear of land revenue.
40. Any person in-charge of or employed upon any canal may remove Person employed
from the lands or buildings belonging thereto, or may take into custody on canal may take
without a warrant and take forth with before a magistrate or to the nearest offenders info
police-station, to be dealt with according to }aw, an person who within his custody.
view, (i)
(ii) wilfully damages, obstructs or fouls any canal, or without proper authority interferes with the supply or flow of water in or from any canal or in any 1"iver or stream so as to endanger, damage, make dangerous or render less useful any canal.
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41. Nothing herein contained shall prevent any person from being Saving of
prosecuted under any other law for any act or omission made punishable by Prosecutions
this Act: under other laws.
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PART IV]
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(2) If such fine is awarded by a Coult whose decision is subject to appeal or revision, the amount awarded shall not be paid until the period prescribed for presentation of the appeal has lapsed, or if an appeal be presented till the appeal is decided. . . ,.
CHAPTER VIII
APPEAL-
Appeal against 43. (1) Any person aggrieved by the order of the canal-officer may
order of canal- make an appeal to the Appellate Authority to whom `the canal-officer
officer' passing the order is subordinate.
(2) No appeal shall be maintainable after the expiry of thirty days from the date on which the order appealed against was communicated `to the appellant:
Provided that such appeal may be entertained by the Appellate Authority after the said stipulated pel`l`od if it is satisfied that there are sufficient reasons for condoning 'such delay in preferring the appeal.
(3) An appeal shall be made in such.mamler, to such authority and shall be accompained with such fees as may be prescribed. Power of civil 44. (1) The Appellate Authority under this Act shall have the same
court for certain powers for the purposes of making inquiries under this Act as are vested in
Put'Poses' the Court under the Code of Civil Procedul`e, 1908 in respect of the following matters, namely:-
V of 1908.
F
XrLV of 1860.
- ( enforcing the attendance of any person as a witness and examining him on an oath;
(b) compelling the production of documents and material objects;
(c) issuing commissions for the examination of'witnesses; and
(d) proof of facts by affidavits. -
-
(2) All inquiries and appeals under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code,1860. ,
Service of 45. Service of any notice under this Act shall be made by delivering or
notice. tendering a copy thereof signed by the officer therein mentioned.Whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no
14
PART IV} 6-15 such adult male member can be found, the notice may be set- /ed by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business; and, if such person has no ordinary place of residence Witttin the district, setvice of any notice may be made by sending copy of such notice by post in a registered cover addressed to such person at his usual place of residence.
CHAPTER IX .
MISCELLANEOUS '
v
46. No suit, prosecution or other legal proceedings shall lie against the Protection of
State Govenunent or any officer or employee of the Government for action taken in
anything which is in good faith done or intended to be done in pursuance of good faith
the provisions of this Act or any rule, notification made or issued thereunder.
47. (I) The State Goneent may, by notification in the Ocial Gazette, Power to make
make rules for carrying out the purposes of this Act. roles'
(2) In particular and without prejudice to the. generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the proceedings of. any officer who ullder any provision of this Act, is required or empowered to take action in any matter; ) the matters in which, the officers to whom and the conditions subject to which, the orders and decisions given under any provision of this Act and not expressly provided for as regards appeal, shall be appealable;
(c) the manner of construction and maintenance of a field-channel under section 15;
( the amount of any charge to be made under this Act;
(e) fonn of application, fees to be paid with application, conditions for grant of permission for supply of water under section 16; matters under section 24, in which the decision of Appellate Authority shall be final;
(g) charges payable for unauthorised use of water under section 31; charges payable for wastage of water under section 32;
(i) manner and timelimit of payment of instalments,the authority to whom p`ayment made; rates of interest payable and the period within which interest shall be paid under section 36;
0) the maimer of appeal, fees and the authority to whom appeal shall lie under section 43;
any other matter which is or may be provided by rules under this Act.
(3) All rules made under this section shall be laid for not less than thiity days before the State Legislature, as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Leostature may make during the session in which they are so laid or the session immediately following.
15
PART IV]
I
Definitions. 48.
-
'Regulation of construction and maintenance of tube,veils, etc.`
In this Chapter, ullless the context otherwise requires,- ` ( "artesian well" means a well which taps artesian or piestic water having piezometric level above the ground; ) "borewell" means a well drilled in hard rock areas where the bore can stand on its own and where lining by pipes is not necessary; and includes a dug-cum-f ore well;
(c) "ground water" means water under the sul"'face of the earth regardless of the geological structure in which it is stationary or moving and includes all grotmd water reservoirs; ( re. scribed" means prescribed by nlles made under section
, ,
(e) "tubewell" means a deep bore drilled into the ground for the purpose of drawing water through onc or series of pernleable layers of water bearing strata.
(2) The State Governnlent may, by a like notification, direct that the provisions of this Chapter shall cease to apply to such area on and from such date as may be specifled in the notification; and with effect on and from that date, the said provisions shall cease to apply to such area, except as respects things done or omitted to be done bfore such cesser.
50. Notwithstanding anything contained in the Gujarat Land Revenue Code, 1879 or in any other law for the time being in force, no holder of any land assessed or held for the putpose of agriculture within the meaning of the said Code (hereinafter in this Chapter referred to as "the agricultural land") shall construct, or cause or pelmit to be constructed, any tubewell, artesian well or borewell, exceeding the depth, as may be prescribed for extracting ground water except under and in accordance with the ternls and conditions (including conditions relating to the maintenance of such well) of alicence issued under section 5land the rules made under section 57.
T
-
Born. V of 187.9. Grant of licence. 51. (1) Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding the depth as prescribed for extracting ground water, he shall make an application to the canal-officer having jurisdiction for the grant of a licence.
. . . . . . . . . . . . .. .~ . ..-. .. .. ~ .. ~. .. ~ ..~ .-~ .~ ... .. ~ . .. . . . . . ... . . . .. .
16
PART IV] 6-17
(2) The application under sub-section (1) shall be in such folm, shall contain such palticulars and shall be accompanied with such fees as may be prescribed.
(3) On receipt of` an application made under sub-section (I), the canal- officer may, aler making su~1 inquiry as he thinks fit and having regard to the availability and quality of ground water and the density of wells in the area in which the tubwell, artesian well or borewell, as the case may be, is proposed to be constructed and such other relevant factors as the circumstances of the case may require, by order, grant or refuse to grant the licence applied for:
Provided that before refusing to grant the licence, the applicant shall be given a reasonable opportunity of being heard in the matter:
Provided fulther that where the canal-officer to whom an application has been made under sub-section (1) fails to infolm the applicant of his decision on the application within a period of three months from the date of receipt of the application, the licence shall be deemed to have been granted to the applicant.
(4) The licence granted or deemed to have been granted under sub- section (3) shall be in such form as may be prescribed and shall be subject to such terms and conditions as may be specified therein, including conditions relating to the maintenance of the well.
52. Where any tubewell, altesian well or borewell is in existence in an agricultural land at the commencement of this Act and the depth of such well is in excess of depth as prescribed, then the holder of the agricultural land shall, within tllree months from such commencement, furnish information in respect of the well to the canal-officer having jurisdiction, in such forln as may be prescribed and on receipt of the information, the canal-officer shall if he is satisfied that the well was in existence at such commencement, grant to the holder of land a certificate in the prescribed form to the effect that the said well was in existence at such commencement.
53. If the canal-officer is satisfied either on a reference made to him in this behalf or otherwise that-
(a) any licence granted under section 51 has been obtained by fraud or misrepresentation as to an essential fact~ or
(b) the holder of a licence has, without reasonable cause, failed to comply with the ternl"s and conditions subject to which the licence has been granted, or bas contravened any of the provisions of this Chapter or the rules made under section 57,
then, without prejudice to any other penalty to which the holder of the licence may be liable under this Chapter, the canal-oft`icer may after giving the holder of the licence an opportunity of showing cause, by order, cancel the licence.
-
Regulation of existing tube wells, etc. Cancellation of licence.
17
PART IV]
A!>Peal. 54. (1) Any person aggrieved by an order of the canal'-officer made under section 51, 53 or 55, may prefer an appeal to the Appellate Authority against such order with.in thirty days from the date on which the order was communicated and the decision of the Appellate Autholity on such appeal shall be final:
Provided that such appeal may be entertained 'by the Appella"te Authority after the said stipulated period if it is satisfied that there are suft"'icient reasons for condoning such delay in preferring the appeal.
Regulation of use of water.
(2) Every appeal prefen`ed under sub-section (I) shall be made in such manner, to such authority and shall accompanied with such fees as may be prescribed.
55.(I) No holder of agricultural land in wllich there is a tubewell, artesian well or borewell, exceeding the depth as prescribed shall allow any water from such well to be used for a purpose other than for the purpose of agricultural or of drinking or to be wasted either through leaky casing, pipe fittings, valves or pumps either above or below the surface or on account of any other reason whatsoever:
Provided that the canal-officer may, subject to any general or special order of the State Governlnent, by. order allow such holder to use the water from such well for any purpose .other than for the purpose of agriculture or of drinking.
(2) If in the opinion of the canal-officer water from any tubewell, altesian well or borewell exceeding the depth, as prescribed, is used for a pulpose other than for the purpose of agriculture or of dlinking, without the order of the canal-officer, or is wasted, he may after giving the holder of the agricultural land in which such well is situated, a notice of not less than thirty days, by order required him to close or seal off the well at his expense and in such manner as the canal-ofl'icer may specify in such order and the holder of agricultul`al land shall comply with such order.
(3) Where any holder of agricultural land fails to comply with any order made under sub-section (2), the canal-officer may after giving the holder of the agricultural land due notice in that behalf, enter upon the land and close or seal off the well and the cost incurred therefore shall recoverable from the holder of the land as an arrear of land revenue.
Penalty. 56. If any person contravenes the provisions of section 50 or 52, or the rules made under section 57 in respect of the construction or maintenance of tubewells or any of the terms and conditions specified in a licence granted under section 51 he shall, on conviction, be punishable with imprisonnlent for a term which may extend to six months or with fine which may extent to ten thousand rupees or with both.
18
PART IV] 6-19 57.(I) The State Government may, by notitcation in the OfJicial Gazette, Power to
make rules for carrying out the putposes of this Chapter. make rules'
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or' any of the following matters, namely :-
the form of application for grant of licence under sub- section (2) of section 51, the particulars to be contained in such application and the fees to be accompanied-. with such application;
the folTn of licence and terms and conditions for grant of licence under section 51;
the folrn for furnishing information by the holder of an agricultural land and the form of certificate under section 52; the manner of preferring appeal and the fees payable with such appeal under section 54;
the depth of the tubewells, artesian wells or borewells which shall not exceed for extracking ground water, and the rules for construction thereof under section 50; and also the terms and conditions for issuance of licence therefore;
any other matters which is required to be, or may be, prescribed under this chapter.
(a)
Cb)
(c)
(d) (e) (f) .. . ~
(3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publicaton:
Provided that if the State Government is satisted that circumstances exist which render it necessary to take immediate action, it may dispense w,ith the previous publication of any rules to he made under this section.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
(5) Any rescission or modil`ication so made by the State Legislature shall be published in the Ofcial Gazette, and shall thereupon take effect.
58. (1) If any difl`iculty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the O.fcia/ Gazette, make such provisions not incons-istent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the dif1culty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
(2) Every order made under sub-section ( / ) shall be laid as soon as may be after it is made. before the State Ieislature.
Power to
remove
difficulties.
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Po,yer of State Government to give directions. Repeal and
savings.
59. The State Government may from time to time, issue such directions not inconsistent with the provisions of, this Act, to any canal-officer or other officers, s it may deem fit, for the purpose of carrying out the provisions of this Act, or the rules or. orders made thereunder and the officers shall bound by such directions. ,
60. (1) The Gujarat Irrigation Act, 1879, in its application to the State of Gujarat is hereby repealed:
Provided that such repeal sh,,.,,.all ot affect-
(a) the previous operation of the said Acts so repealed, or anything duly done or suffered thereunder;
) any right, privilege, obligation or liability acquired, accrued or incurred under the said Acts so repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability, penalty, forfeiture'or punishment as aforesaid;
and any .such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may, be imposed, as if this Act has not been passed:
Provided further that, subjec`t to the preceding proviso.,' anything done or any action taken (including any notification, order, notice, summon, warrant and proclamation issued, declarations and rules made, water for purposes of canals applied, permissions to take water given, agreement for supply of water made, compensations awarded refe`rences to the Collector made, summary decisions taken, water rates and betternlent charges levied, list of persons liable to be required to work prepared, irrigation record of rights revised) under the Act so repealed shall, in so far as it is not in'consistent with the provisions of'this Act, be deem'ed to have been` done or taken by or under the corresponding provisions of this Act and shall contifltle to be in force until superseded' by anytlling done or any action taken under the provisions of this Act.
Rom. VII
of 1879.
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