Rajasthan act 21 of 1954 : The rajasthan irrigation and drainage act

Begd.No. J. 80

&"iwxt\nn 6o**te EXTIRAORI}IT$ARY

grft.n'tt rmttre I k6q E: aGqT ?It Vol.6: No 119

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Nov. 24, l95tl

TITTI Y (M) (Istqr{ fq.rla sgd i qiqiaqll

LAW DEPARTMEI{T

NOTIFICATION.

J aiytur, liouember 18, 1954

,No. -F. 12(26)L153.-I'he follou'ing Act of tire Rajasthan!State Legis- lature has reccir-e.d tlre assent of the President oti tltc 6th da1. of Noventlicr, 1954 and is lierelrv pulrlishccl tirr general inforurations:-

THE RAJASTHAN IRRIGATION AND DRAIIfAGE ACT, 1954 (acr i{o xxr oF' 1954)

(Rc-ceiued, the assertt ol tlrc Prasid,ent on, thr 6tlt,d,ay of n*ouemlrcr,l954)

An Act

to regulate irfigation and" drainoge in Rajusthan. BE it enacted by the Rajasthan State Legislature as follow-s:- 1. Short tztle ond ettent.-(l) This Act ma:r be called the

Rajasthan Irigaticn and Draii:age Act, i\rfi. (2) It extends to the whole cf Rajasthan. 2. Com,mencen'tqnt.-Tt shall come into force on such date and

in such areas as the State Government may by notification in the Rajasthan Gazette, specify fi;iii tirne to time.

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f fuuUsheil by Authority

3.3121112151111111 $322112 EXTRAORDINARY mfamz 3211121211 i Published by Authority ”*1.“ 1‘»... Wm; fm’rat 2:111:21 < 211121 21151 $151111 21; $111212 «:10 °o<< 21612512 «a, 2:213 Vol. 6: No. 119 ZlIarg-zshirzsaKrishna 14, 11 u]. Nov. 24,1951 1-11“ 2/ (an) (16128113 12111121 112121 =37 #2113211 LAW DEPARTMENT NOTIFICATION. Jaipur, November 18, 1954 N0. F. l'2(26)L/53.———'I‘he following Act of the Rajast-hanfState Legis- lature has received the assent of the President- on the 6th day of November, 1954 and is hereby published for general inforinationsz~ THE RAJASTHAN IRRIGATION AND DRAINAGE ACT, 1954 (ACT so XXI OF 1954) (Received the assent of the President 071 (hr Gth day of November,1954) An Act to regulate irrigation and drainage in Rajasfhan. BE it enacted by the Rajasthan State Legislature as follows:— 1. Short title and extent—(1) This Act may be called the :99 Rajasthan Irrigation and Drainage Act, 1954. (2) It extends to the whole of Rajasthan. .9» 2. Commencement—It shall come into force on such date and :-‘-j in such areas as the State Government may by notiﬁcation in the ” ‘i Rajasthan Gazette, specify {zen-1 time to time.

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3. InterpretqtLon .-( 1 ) In this Act, unless the context other- wise requires,-

(i) "Irrigation Offic':r" tiris Aci to exercise control drainage lvork or works;

".StpgtintenCiiig Irrigai.iuii - Officer"' means an Offlcer apPointed under 'this Acf to exercise controi over. irrigation' and drainage rvorks in a circle constituted und,er sectioi 4;

"Divisio^nal prigation officer" means an officer appointed under this Act to exerci8e control over irrigaticn and diainage works in a division constituteil uncler sectio-n 4:

"Sub-Divisional Irrigation Olficer" m eans an Officer apqoinJed under ihis Act to exercise contr ol over all irrigation and drainage works in a sub-division consti,tuted irnder .rection 1;

(ii) "Irrigation wcr]<s" means a rvork or system of works, natural or artificiai, not being a rninor irrigation rvork a's de- fined in section 2 of the Rijasthan Minoi Irrigarion Works Act, 1953, and ineludes-

. (a). alV canai, channel, pipe or reservoir constructe,J, maintained or ct:ntrollerl by ihb state Gorrernment for tbe supply or storage of rvat.er,

(b) any work, enrbankmgnt, structur,e or supply and escape-channel conitecLed with such canal. chanirit, pip{ or reservoir,

(c) any water courqe, (d) any part of a river, stream, iai<e or natural collec-tion of rvatcr or natu.ai drainage channel to which the

state Government applies the provisions of part II of thk Act;

(iii) "drainap',e w,rl'i{" i'eltrtres escape-channels from l_iilJl 9r*,:, 'uveirs, embankments, sluices, groiudurar, uarns, welrs, embankntents, sluices, groins and othgrworks for the prot ection of lancis from flooci"or frcnr erosion,wur ILs rL)r rne proiectlon of lands from flood or frcnr erosibut does not incluile worl<s for the removal of sewase frage fro

means an Officer appointed under or jurlsCiciion over an irrigation or

towns;

'(iv) "wat.er corlrse" the cost of Go'.'r-.rnrnent, canal, channcl, r',iuc or- work belonqinq ^to such

means any channel, not rvhich is suppliecl rvith

rcservoir and inch_rde:; channel;

maintained a 'uvater from

,-rny subsidia

(v) "outlet" means arl <;1leni'g const.ucte,c in througtr which water l)asses into; water-eoLlrse or. on to any land

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an estate news, natal 23.. rue mﬂ ‘8 W) M 3. Interpretation.-(1l In this Act, unless the context other- wise requires,»- (i) “Irrigation Ofﬁcer” means an Ofﬁcer appointed under this Act to exercise control or jurisdiction over an irrigation or drainage work or works; “Superintending rrigatioii' —Oi’ﬁcer" means an Ofﬁcer appointed under this Act to exercise control over irrigation and drainage works in a circle constituted under section 4; “Divisional Irrigation Ofﬁcer” means an ofﬁcer appointed under this Act to exerciSe control over irrigation and drainage works in a division constituted under section 4; “Sub-Divisional Irrigation Ofﬁcer” means an Ofﬁcer appointed under this Act to exercise control over all irrigation and drainage works in a sub—division constituted under section 4; (ii) “Irrigation works” means a work or system of works, natural or artificial, not being a minor irrigation work as de. ﬁned in section 2 of the Rajasthan Minor Irrigation Works Act, 1953, and includes—— (a) any canal, channel, pipe or reservoir constructed, : maintained or controlled by the State Government for the ' supply or storage of water, ' (b) any work, embankment, structure or supply and 9 escape—channel connected with such canal. channel, pipe or reservoir, (c) any water course, (d) any part of a river, stream, lake er natural collec- " tion of water or natural drainage channel to which the. State Government applies the provisions of Part II of this Act; ’ (iii) “drainage work” includes escape-channels from a, canal, dams, weirs. embankments, sluices, groins and other? works for the protection of lands from ﬂood or from erosion. but does not include works for the removal of: sewage fro towns; "(iv) “water course” means any channel, not maintained a the cost of Government, which is supplied with water from a canal, channel, pipe or reservoir and includes any subsidia work belongingr to such channel; (v) “outlet” means an opening constructed in a canal, through which water passes into a waterecourse or directlx on to any land. ‘

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l entrat LegislatLtre, shall nrtttor :'s "'1p this Act in the same mannel- 3s

G e neral Clau.res mr; [.c,ndi.'; apply, tlrey a;:PiY to a

Act, 189?, of tht scl far as maY bg Central Act.

of Oflicers.-(t)4. 7'erritorioI diuisiots ond apiroirr'tri rnf For Lhe Pul'Poses o{ i,his Act-

(i) the terri.tories of thp whoie State shall consist of sueh number of circles,

(ii) err€r y cir.cle ,*ht, ii consist of sucit number of divisions' and

(iii) each Cl','is:r,t: shall Consist of sueh nurr:b'er of sUb' divisions,

as the State Government may, from time to : ime, determine and ;dilt in 1rre Rajasthan Gazetie; and alt circles, divisions and sub: divisions "*irtltrfi

on thr,e date on lt'hich this Act, comes into foroe .shali be d.eemed-ro be cilcles, clivisions and sub-divisions constituted and notified utrcicr this section'

(2) The stat.e (]overnmen't, m?.'i,,tty notificat,ion in the Rajas' than Gazetle -_

(a) create new, or abolish existing, circles. d ivisions and sub-divisions, or

( b) def;ne or aiter the lim i Ls of any oi therrr-

(3) The state Government nraf, from tinre to time, by noti' flcaticrr in the Rajasthan Gazette, alrpoilli.--

(i) an officer to exercise go:rerai cott "ro1 orter* all irriga' tion and cirainage wor j.:s thlott-qiroi-it I?aiastllan. and

(ii) sueh othei' olicers as rL cc'nsiders necessarv to exer- eise contr-oi over irrigation and clrajltag,e r,vorl<s in a circle or a di'ision ()r a sub-dlyision cons'i itut,ecf under sub-section (1).

(,4) The State Goverp,ttent fl&Y, frrrnJime to time, declare by notification in the llajasthan Gazeitd,'th9 officers by '".ttqtf

and the local limits rvithi* rn,hich all or anv of the powers or duties herein- after eonferrecl or im1",6*gd shall b; exercised or performed'

(b) All officers nrentionecl in clausc (i) of sub-section {1) of section 3 shall be respcctiv,el' subj,.'c{. t. the orders of sueh offieers qs the State Governmenl fror-n rirne. to time directs'

P..INT II OI the Appltc,i'i'ion o! ".1:ster fo' publ'ic purpcses

5. Notift"cotion to issue u:hen urarer supp?y.. i* .tq be- applted f or piUt "

purpo.scs"-*-l,Vi j enc\rer it appears. expedient to the State Govern*"*l thrat tire rvater or any rivef or stream flowing in a natural

am a :56} name caves, 3am Rx, (mi , Mi «1. WW’M (2) The provisions of the General Clauses Act, 1897, of tht :‘Central Legislature, shall mutatis m::‘tmtdis apply. so far 85 may be, ~«(,0 this Act in the. same manner as they apply to a Central Act. 4. Territorial divisions and appointment of Officers-«(1) For the purposes of this Act~—- . (i) the territories of the whole State shall consist of such number of circles, (ii) every circle shall consist of such number of divisions, and ' (iii) each divisitm shall consist of such number of sub« divisions, ,as the State Government may, from time to time, determine and ; notify in the Rajasthan Gazette; and all circles, divisions and sub: hdivisions existing on the date on which this Act comes into force .shall be deemed to be circles, divisions and sub-divisions constituted and notiﬁed under this section. i (2) The State Government may, by notification in the Rajas- ; than Gazette—— (a) create new, or abolish existing, circles. divisions and sub—divisions, or (b) deﬁne or alter the limits of any of them (3) The State Government- may, from time to time, by noti< ﬂcation in the Rajasthan Gazette, appoint-— (i) an ofﬁcer to exercise general control overs all irriga. tion and drainage works throughmit Rajasthnn, and (ii) such other ofﬁcers as it considers necessary to exer- cise control over irrigation and drainage works in a circle or a dimsion or a sub—division constituted under sub—section (1). (4) The tate Government may, from time to time, declare by notification in the llajasthan Gazette, the ofﬁcers by Whom and the local limits within which all or any of the powers or duties herein- after coni‘erred or imposed shall be exercised or performed. (5) All ofﬁcers mentioned in clause (i) of sub-section (1) of section 3 shall be respectively subject to the orders of such ofﬁcers as the State Government,..r"r«.im timemto time directs. PART ,11 Of the Applicaticin of water for public purposes 5. Notiﬁcation to issue when water supply is to be applied for public purposcs.-«~--3.?=Jhencver it appears expedient to the State Government that the water of any river or stream ﬂowing in a natural

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ehannel, or of any lake or other natural collection of still water ,, should be applied or used by,the State Gdvern:+ent for the purpose, of any existing or projected irrigation or drainage work, the State,, Government ffiBy, by notifieation in the Rajasthan Gazet.te, declare that the said water will be so applied dr used after a day to be ' named in the said notification not being earlier than three montlu from ttr,e date thereof

6. Powers oJ irrigation offieers.-At any time after the day so named any irrigation offieer, acting under the orders of the State Government in this behalf, may enter on any land or remove any obstructions and rnay close any channels and do any other thing necessary for such application or use of the said water.

7 . N otice inurting clnims f or corTlpensotion.-As soon as is practicable after thc rssue of such 'notification, the Collector shall cause public notice to be given .at convenient plac,es, stating that the State Government inlends to appiy or use the said water as aforesaid, and tha't ciaims for compensation in respect of the matters men- tioned in section B rnay be made before him.

B. Matter f o, which conlpen sation slwll nat be ar nLoA be aworded.- (1) No compcnsation shall be ar,varded for any damage caused by-

(a) stoppage or dr mrnutron - of percolation or fi<;ods' (b) dcterioration c,f ciimate or soil; (c) stoppage of navrgation, or of the means of drifting

timi;er or watering cattle; (d) displacement of labour;

Ftt colllpen-sation may Jr,e il\rvrcrded in respect of any of the follow- ing m attcrs :-

water ,through &l,J channel, whether

above or, under ground, in use at the date of the said notification; .(f) stoppage or dinrinution of supply of rva{cr to anyworli crectcd for plirlioscs of profit otr iriy cl"rannel, whether

natltral or artificial. in use at the datc of tire said nr:tification; (g) stoppage or tliminution of supply of wa,ter through

.any tralural channel which has been ti.sccl for the ])urposes ofirrigation "vithin

thc five years next before the date of the said notification;

(h) dam:rqe dcne in respect of anv riqirt to a rvater-cours; or thc risc of anv rvater to which any- pcrion is cntitled under Part I\r of the Indian Limitaticrn Act, f90B or under the Indian Ease'men{s Act, l BB2 of the central Legislature i.r ; aHapted to Ra jasthan;

{]l an:y,cthcr substantial damage not falling rrriler an}' ol the above cl auses ( a) , (b), (c) or (rl) rncl eauscd bv the exer- cise of t h,r powers ccnf prred bv this Act, whieh is' r:apable of

Q88 (”TEETH (WNW, HWETI Q9, “18 Win '6 (55; channel, or of any lake or other natural collection. of still water should be applied or used by the State Gotverniga-e-nt for the purpose of any existing or projected irrigation or drainage work, the State: Government may, by notiﬁcation in the Rajasthan Gazette, declare “ that the said water will be so applied dr used after a day to be named in the said notiﬁcation not being earlier than three months; from the date thereof. , , _ 6. Powers of irrigation officers—At any time after the day so named any irrigation ofﬁcer, acting under the orders of the State Government in this behalf, may enter on any land or remove any obstructions and may close any channels and do any other thing necessary for such application or use of the said water. 7. Notice inviting claims for compensation—As soon as is practicable after the issue of such «notiﬁcation, the Collector shall cause public notice to be given ,at convenient places, stating that the State Government intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters men- tioned in section 8 may be made before him. 8. Matter for which compensation shalt not be or may be awarded—(1) No compensation shall be awarded for any damage caused by—— (a) stoppage or diminutionqoi percolation or ﬂoods, (b) deterioration of climate or soil; (c) stoppage of nav1gation, or of the means of drifting timber or watering cattle; (d) displacement of labour; But compensation may he a rsrded in respect of any of the follow- ing matters—- (e) stoppage or diminution of supply of water through any ' natural channel to any deﬁned artiﬁcial channel, whether abo‘ve or, under ground, in use at the date of the said notiﬁcation; (f) stoppage or diminution of supply of water to any work erected for purposes of proﬁt on any channel, whether natural or artiﬁcial. in use at the date of the said notiﬁcation; (g) stoppage or diminution of supply of water through any natural channel which has been used for the purposes of irrigation within the ﬁve years next before the date of the » said notiﬁcation; (h) damage dcne in respect of any right to a water-course or the use of any water to which any person is entitled under Part IV of the Indian Limitation Act, 1908 or under the. Indian Easements Act, 1882 of the Central Legislature a: adapted to Rajasthan; (i) any other substantial damage not falling under any of the above clauses (a), (h), (c) or (d) and caused by the exer— CISE of the powers conferred by this Act, which is capable of

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being ascertairred and e ;timaLetl at the tinre of awarding such cornpensat ion. (2) In determininq the amount of such compen:ation, regarcl

shall be had to the climinution in the marliet valu,e, at the tinre of awarding goTpensa'tion, of t he property in respect of which com- qensatioi t: claimed and where such market valuc is not ascertainable, lhe arnount shall be r,eckoned at t'*'elve tinies the amount of the diminution of the annual net profi'ts of such propertry caused by the exercise of the Ircwers eonreried bv this Act.

(3) IIo, right -to any -such supply of water as is referred to in clauses- (e), (tl and (g) of sub-seCtioir (1), in r:espect of a work or channel not in use at the date of {he notification,^shall be acquired as l8ailst- the State Government exeept by grant or under pirt IVf the Indian Limitation Act, 1908, or undei the Indian Easem,ents td, 1882 of the central Legislature as adapted to na:a.tr,"".

(4) Wo liSht to an-v of the aclvantages referred to in clauses (r), (b] and (c) of sub-section _(1) shall be acquired, "i-"gatr,st theitate Government, under Part IV of the Inclian Limitntio.t'A.t, 190Sr under the Indian Easements Aet, 1BB2 of the Ce"trat fd;lature

adapted td Rajasthan. 9. Limitotion of craim:.-Irlo claim for compensati,u'tL uJ cl&TTtri.-No clalm lor compensation for anystoppage, dimintttion or clamage shatl be made after the exni."-ch

on,rr \/r Lrrru ycar rrurll sucn sloppage, dlmtntltton or damage, unless e Collector is satisfied that thb ilaimant hacl sulficient "cause for

---rr*bvr s^^a^..rra!r\.rrr \rr Lrcrrrlcr5g br.rdll Llg Illiiue alLgr lne gxplra- gl':i: ye.ar flgT r."glt stoppige, diminution or a"*"eu, -,rh*,

se for of making the claim within such periocl.

10. Enquirg irfto elazms and amottnt e Collector Shall procee,C to enquire into

determine the amount cf "ot,'tpensation,,

if given to the claimant.

(Zl Except as otherwse prorrided in this f the law relafing to compulsoiy acquisition of ime when an{ inquiry under *n-re.tion (j) o every su eh i n q lr i rr'.

oI eotnpensatian_(1) any such claim and to any. vrhich should be

Act, the provisions land in foice at the

is made shall applrr

11. Abatement of rent an inter.run-tL2n of uater supprg._ery tenant holding under an unexpired lease, 'or havin[*I" right oeeupaney, who is in occupation of iny land at the time irh*r, anyppage or diminution of water supply, in rurp*.t of which com_nsation is allowed under. se_ction^ti,. iakes pi".*, may cl.aim an lT:::1.:5n^"^:",ti p:9.viou'1i- payable by- him for th; ilJ rand,fl"a ,.-.-r=r.J_+i^^+ i-Lr,.,. t:o.-t-- J L"*J uvav "J rarrrl r\)r l'1!c )alLl lallu.Liiu 6i \,irrtLr iirat tire' interrt: ption ieduces ihe value of the hol&;;

12. Enhan.cernervt of rent on restorr,tition of uater supply.-(l) a water su-ppty ilcreasing tire value of sueh hoxding is awa_ter. su_ppry Jlc_reaslng 1r1e value of sueh ho,lding is aft'erwardsred to the said land, fhc rent of the tenant ma; be .nfrarr.u6L\rr.eu. to rne salo land' tnc rent of the tenant may be enhaneed respect cil =ihe increa:sed value of sueh land due ft the

"o.*i.,"oa the restored

ter. !!pPtV, to an amount not exceeding that at which it stood "*t

mmediately before the abatement.

:i'i‘zm 8 (a) (straw (man, Harm 9&8. 9.8.505 wt being ascertained and e:timated at the time of awarding such compensation. , (2) In determining the amount of such compensation, regard “shall be had to the diminution in the market value, at the time of gawarding compensation, of the property in respect of which com- ipensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the “diminution of the annual net proﬁts of such preperty caused by the 'exercise of the powers conrerred by this Act. _ (3) No right to any such supply of water as is referred to in {clauses (e), (f) and (g) of sub—section (1), in respect of a work or channel not in use at the date of the notiﬁcation, shall be acquired as against the State Government except by grant or under Part IV of the Indian Limitation Act, 1908, or under the Indian Easements fct, 1882 of the Central Legislature as adapted to Rajasthan. v (a), (b) and (c) of sub—section (1) shall be acquired, as against the State Government, under Part IV of the Indian Limitation Act, 1908 ...r under the Indian Easements Act, 1882 of the Central Legislature as adapted to Rajasthan. . 9. Limitation of claims—No claim for compensation for any u_.ch stoppage, diminution or damage shall be made after the expira- 3: ion of one year from such stoppage, diminution or damage, unless he Collector is satisﬁed that the claimant had sufﬁcient cause for not making the claim within such period. , 10. Enquiry into claims and. amount of compensation—(1) The Collector §hall proceed to enquire into any such claim and to determine the amount of compensation, if any, which should be given to the claimant. (2) Except as otherwse provided in this Act, the provisions 1f the law relating to compulsory acquisition of land in force at the ime when any inquiry under sub-section (1) is made shall apply 0 every such inquiry. 11. Abatement of rent on interruption of water supply.— ' very tenant holding under an unexpired lease, or having a right f occupancy, who is in occupation of any land at the time when any toppage or diminution of water supply, in respect of which com- pensation is allowed under section 8, takes place, may claim an abatement of the rent previously payable by him for the said land, on the groundthat' the interruption reduces the value of the holding. 12. Enhancement of rent on restoration of water supply—(1) If a water supply increasing the value of such holding is afterwards restored to the. said land, the rent of the tenant may be enhanced in respect e‘ii-Jiiili'e" increased value of such land due to the restored water supply, to an amount not exceeding that at which it stood immediately before the abatement. it

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(Z) Such enhancement shail be on aeeount only oJ the restored wste.r

' Jupply and shall nct affect the liabitit;- of tl:c,; tenant to

errhaneemint- of rent on any other ground ' :'

13. comitensttion uthen due.-(l) Alt sums cf -',":.eney payabJe for compenr*!io.,, under this part shall become due 'inree months after the claim for such co*p"tlsati on is made in resprsgf of the sioppage, diminution or damage eomplained ot. '

(2) Sirnple interest at the rate of six per gqnt _per shall be'allo,,ried on ani' such surl-r remaining ryp*ig after three months except vrhere the non-ptlyment of such Sum b;,' the wilful neglect or refusal of the claimant to reeeive

PART IiI ott the cafi;,ii'ueiion, and, maintepcn'ee oI ussrks

14. Pou:er to enier etc.-l) An,v irngation officer or othet person actinf u'der thc general or - special order of an irrigation officer, may cnter uDon "tiy

lands acljicent to any irrigation work, or on or trrrougiluhi.h an' lrrigation rvork i-s ploposed to "be mad'e anrl uncle:-take surveys crr ler-e:i' ther€on; and aig uttg bole into the sub-soil; and make and set rlp suitable land marks, level marks 0r $,a'.er gauges, and do all othef aets necessary for the proper P,r?::::: tion ot""rv enquirv relating to any-existing or projected work undet thc charge of {he said irrigation offieer'

annum the said is causeo the same.

(2) trVhere such inqt-tiry officer or other Pel'son ma-rr for' dorvn and elear a\^"'ay l.ny Part

cannot otherrvise be completed, sueh reasons to be reeordtd in writing elt of any standing crop. fenee or jungle'

(.3) Such elficer cr pel-son may also. .enter upon .any la builcling' or wal,rr e.ur-se olt aecount of rvhieh anv water rate .n"ig**fle for iirr r)r'-r)ose of inspecting -or regu.lating the-use of water sripplied, o. oi niea:jiri in_g the latrds irrigaicd therelly .tt"ig*"51e

'1vitlr a water rate, and of doing a-ll things. necessary the pi-oper regr-rlation and menaflement of such irrigation work.

(1) Ii slrch of}ierir or nerson fronosres to enter into anlr btt ing or'enclosc,-l c{il11't or girclcn aitirchcrl to a ciwe'l-irng llotlse suni,lied r.vith rvel-er flowing from -a.y irrigation worl<, he

shall f,ioirslg giye thC (.i.,('tri,.ier ol l.ttclr btrildinq, cortrt or flnrdln at sevell iti-,., riotice in u'riting ctI his intenti<ltr to do so.

(S) In everv cilse of entrr, unricr tlrr:i section thc irriga nffieer sliall, art thc tjr.rtr-'c,f :;r-retr cntrv.'tcncjr'r'coTpc-nsal.ion for ,1amar1r. ,"v]',iCh ntil)' i:r' frcenstrllretl i,)' illlv-Jlr-Oceedinq gndef 't'hiS fio* eritl iir ciisr,t oi,lispuie ils 1ti tlre s;irfficieltcY of the 3r'in'llflt tendererl, tre sl-e11 fr,r'ihr.vii.h r,cfr:r thc sarne for clecision b'-' liie lrrto;". ;ind stteh clecision shall be final.

p le

"i?! : its enema rises, new W, tune um V (as) m no» “my” (2) Such enhancement shall be on account only of the restored : water supply and shall not affect the liability of thes~tenant to enhancement of rent on any other ground. ~ -- 13. Compensation when due—(1) All sums of zji-oney payable 1—— for compensation under this part shall become due‘three months ; after the claim for such compensation is made in respect of the '5' St0ppage, diminution or damage complainedot‘i ‘ ' (2) Simple interest at the rate of six per cent per annum shall be allowed on any such sum remaining unpaidafter the said three months except where the nonpayment of such sum is caused ' by the wilful neglect or refusal of the claimant to receive the same. PART 111 On the cmtstruc'tion and maintenance of works 14. Power to enter etc.———-(yl) Any irrigation ofﬁcer or other > person acting under the general or special order of an irrigation ofﬁcer, may enter upon any lands adjacent to any irrigation work, or on or through which an irrigation work is proposed to he made ,1 and undertake surveys or levels thereon; and dig and here into the 9 sub-soil; and make and set up suitable land marks, level marks or water gauges, and do all other acts necessary for the proper prosecu-‘ tion of any enquiry relating to any existing or projected work under- the charge of the said irrigation officer. ; (2) Where such inquiry cannot otherwise be completed, such ofﬁcer or other person may for reasons to be recorded in writing cut down and clear away any part of any standing crop, fence or jungle. (3) Such officer or person may also enter upon any land. building or wa?er course on account of which any water rate chargeable for the purpose of inspecting or regulating the use of th- water supplied, or of ”measuring the lands irrigated therehy 0 chargeable with a water rate, and of doing all things necessary fo the proper regulation and management of such irrigation work. ‘ (4) If such ofﬁcer or person proposes to enter into any build ing or enclosed emirt or garden z‘ittacltcd to a dwelling house no: supplied with water flowing from any irrigation work, he shall pf viously give the occupier of such building, court or harden at 163 seven day»: notice in writing of his intention to do so. (5) In every case of entry under this section the irrigatiQ ofﬁcer shall, at the time of such entry, tender compensation for 31? damage which may ire occasioned by any proceeding under this 5, t'ion and in case oi dispute as to the sufficiency of: the amount : tendered, he shall forfhtvith refer the same for decision by me C: lcctor, and such decision shall be final.

(tfrtgtla (tq'-qfl, defFq( 1q ttFt ?ts

ti lb. pawer ta ,nin, lor . r,epoirs and pret;e1tt ccciclerrts'* (1) In

hse of iii]\' accidornt happening ut' lgi"g appr:-t):if1 t^1.i:t1t$1;I tf f (rrr.Y uvv''*L, n ,r*v clivi:;ional^ir"rig*i,.,r, ofJicer or any pfrson acting under general o, *p*.;;i *'.1-"' l'l l]ii :. .11?1i1l. li5,:,t;'':,i

p::"i:v.:til; r-hts guttt-r

c:r \r

ffijacent. rEi *.h ir.rigation worli, i:ncl nlay er:ecute all rvorks which

rr ay be ,,.,'"Jr-"ry lo? the purpose of repai;'i*g or preventing sucb

accid'ent

(2) ln every such case sucli irrlgation officer or person sball tender com,pensation tr.r the lrropricton, or occupiers

oI the said liinds i.,r ali cJrrrrr"g* Joire to th,e s?ime. Ii such tendcr is not accepted' t!9 li.."r"ii"rr',rfii.ut sirall relcr the n-rat'ter to 'li:r' Collcctor rvho shall

iitoEr.a to award compensation for the tianrage'

16. A?tplication by lle?'so?i.s rlestring to ,tl'se water "-(1) qI r€rson desiring to use tle water of aly irrigation work mqy applyte^""-:,.-_- --;- a!- ^ -::--:^:^*^l -,,}. .1 it'i ..i.rr.,..I irrioetinn nffieer fe.!trgl evr'fr'wri.ting to

"the divisional or sub-clivisionaL irrig_ati:l ^:T:::- Yur YYr.v---ttil.;tl;g fii* to cdrrstruct or improve a water course at the cost of

the aPPlicant..

(Z) The application shall state the works to be under{aken, heir "ppro*ito"t6

estimaLed cost, or the -amount which the .appU- i,f,t" aii tvilling to pay for the same, or yfrether thel engage to -pay tfr. r.iual cost a"s setltea by the Divisional Irrigation Offi,cer, and how

, the payment is to be made. (3) When the asseat of the Superintendi"g- Irigation Offieer is

dven io' such application, all the applicants shall, after the -aPpUca-- [io" has been d,tiy attested before

-th,e Collector, be jointly - anq swerally tiable foi 'the cost of sirch works to the extent rnentioned therein.

(4) Any amount becoming due under tiie terms of such appli- cation and not paid to the divisional irriga';ion oif,cer, or the_ person authorised by him to recei',re thc salne, on or before the date on which it becomes due, shall on the dem,rnd of sttcl: officer, be recover- able by the Collector as if it were an arrear of land revenue.

1?. Gouernment to prouide fiLesns of crossing iretgatinn uprk.s.-- ( 1) There shali be proviCed, at the eost of Governrnent, suitable mearls of crossing irrigation works constructed or main- tained a.t the cost of Government at such plaees as the State Govern rnent think neoessary for the reasonable convenience of tbe inhabi. tants of the adjacent lands.

12\ On rorcirT!31g s statement ln writing, slgned by not less\-l than five of the owners of such lands, to the efTeet that suitabll,e mossings ha',re not been pro\rided on any iuigation work, the Collec. {or shair cause enquiry to be made into the circumstances of the "gase,

and, if he thinl<s that the sta,tement' is established, he shall re- iiiort i:,:.r cpinion thereon for the eonsideration of the State Govern- :ffien'c' aird the State Government shall ealrse s.rch rncgsurer tn

ence thereto to bs taken as It thinlis psqp€r.

'- a a (at mama (is-war. KERR RX, tars 2m 15. Power to enter for repairs and prevent accidentsmtl). In * e of any accident happening or being apprehended to an irrigate on work any divisional irrigation ofhcer or any person acting un er general or special orders in this behalf may enter upon any lands 3acent to such irrigation work, and may ‘eizecute all works which 33: be necessary for the purpose of repairing or preventing such {accident ‘2) in every such case such irrigation ofﬁcer or person shall tender compensation to the proprietors or occupiers of the said lands for all dan'iage done to the same. It such tender is not accepted, thle irrigation ofﬁcer shall refer the matter to the Collec.0r who shal proceed to award compensation for the damage. A 16. i/‘ipplication by persons desiring to use ivater.-«—(l) Any rson desiring to use the water of any irrigation'work may apply in writing to- the divisional or sub-divisional irrigation ofﬁcer re- uesting him to construct or improve a water course at the cost of t e applicant. , (2) The application shall state the works to be undertaken, their approximate estimated cost, or the amount which the appli« cants are willing to pay for the same, or whether they engage to pay , he actual cost as settled by the Divisional Irrigation Ofﬁcer, and how ‘ he payment is to be made. (3) When the assent of the Superintending Irrigation Ofﬁceris t. given to such application, all the applicants shall, after the applica- tion has been duly attested before the Collector, be jointly and *1 severally liable for the cost of such works to the extent mentioned herein. 1 (4) Any amount becoming due under the terms oi such appli- ' x cation and not paid to the divisional irrigation ofﬁcer, or the person , K authorised by him to receive the same, on or before the date on which it becomes due, shall on the demand of such officer, be recover- able by the Collector as if it were an arrear of land revenue. , 17. Government to provide means of crossing irrigation . morks.-—~(ll There shall he provided, at the cost of Government, suitable means of crossing irrigation works constructed or main‘ g'ta'ined at the cost of Government at such places as the State Govern- * ment think necessary for the reasonable convenience of the inhabi« tants of the adjacent lands. __, . (2) On receivinga- statement in writing, signed by not~less «than ﬁve of the owners of such lands, to the eﬁect that suitable Crossing-s, have not been provided on any irrigation work, the Collec- r shall cause enquiry to be made into the circumstances of the mass, and, if he thinks that the statement is established, he shall re- port ‘ opinion thereon for the consideration of the State Govern- ment'v and the State Government shall canse such measures in feference thereto to be taken as it thinks proper.

{tq (1qtqlq ttq-q:t, qqEE( i.g, lttg Trn s (CI)

18. Persons ustng water course to congtru,ct worrks Jor passing wnter ocross roads etc.--(l) The Divisional Irrigation Officer mat

' issue an order to the persons using any water course to eonstruCt suitable bridges, culverts, or other woiks for the passagerrif th€ water of such water course across arly public road, irrigaiion work or drainage channel in use before the said water eourse $/as made, or to repair any such works.

{2) Such order shall specify a reasonab}e period w'ithirr wtrich sltch construction or repair sharl be completed; and if , after the reeeipt of sr-teh order, the persons to whom it is addressed do not .vithin the said period, cons'truct or repair such works to the satis. f acticn of the said irrigation offi.cer. he ffi&y, with the previdus approvai of 'the superintending irriga lion officer, hims,elf construct or repair the sarne, and if the said persons do not when so requir,ed, pay the cost of such consiruetion or lepairs as declared by the divi- sicnal irrigation offi.cer, the amount shall, on the demand of the divisional iruigation officer, be r,ecoverable from them by the Collec. tor as if it were an arrear of land rev€3ue.

19. Adj,"tstntcnt oJ cloints betueen pel'so??s joirttly using water co?rrse.-{l) If any person, joinlly responsible \tith others for th,e construction or rnaintenance of a water course or jointty making use of a r,valer counie rvith others, neglects or refuses to pay his share of the cost of sr-rch construction or maintsrance or to -execute his share of any r,vork necessary for such construction or maintenance, the Divisional or Sub-Divisional Irrigation Offieer, on receiving an application in lvriting from any person injured by such negleCt or refusal shall serve notice on all the parties concerned that on the expiration of a f ortnight from the service, he will investigatre the case accorclingly, and malie such 'order thereon as to him seems fit.

(2) Sueh ord,er shall be appealable to the Commissionet whose order thereon shall be final.

(3) Atty sum directed by such orcler to be paid within a speci- fied period, may if not paid wifhin such period, and if the oider remains in f orce, be recovered by the Collector from the person directed to pay the same, as if it were an arrear of land revenue.

2A. SuppLtl oJ uater through interuening'wster eorr.rse.-(1) Whenever application is made to a Divisional Irrigation Officer fo a supply of rl'Ater from:rn irriqation rvorl< and it appears to him expedient that strch supply shotrld be given and that it should be conveyed thlou{ir so}Tl c existing watcr colrrse, he shall give notice t,o t,he per,son I',csllonsiirle fclr the maintL\nance of such water cours€ to shorv callsc, on a du)'not less than fourtccn davs from the datn nf sttch notice,',vhv the:;aid sulrplv should not bc so conveyed. and, after makinc enquiry on such doy, thc Divisional Irrigation Ofdcer shall deterrn.in,s rvhet her', and on wlr rt eonclit ion, the said supply shall be convevcrf through such wa.tr:i' course.

‘ é- :11" s ta: unmet rte-w, WWI ‘03, we; run 8 ($) 18. Persons using water course to construct works for passing water across roads etc.——(1) The Divisional Irrigation Ofﬁcer may issue an order to the persons using any water course to construct suitable bridges, culverts, or other works for the passage or the water of such water course across any public road, irrigation work or drainage channel in use before the said water course was made, or to repair any such works. , _ (2) Such order shall specify a reasonable"p‘eripd‘within which such construction or repair shall be completed; and if, after the receipt of such order, the persons to whom it is addressed do not within the said period, construct or repair such works to the satis- faction of the said irrigation ofﬁcer, he may, with the previous approval of the superintending irrigation ofﬁcer, himself construct or repair the same, and if the said persons do not when so required, pay the cost of such construction or repairs as declared by the divi- sional irrigation oﬁicer, the amount shall, on the demand of the divisional irrigation ofﬁcer, be recoverable from them by the Collec- tor as if it were an arrear of land revenue. 19. Adjustment of claims between persons jointly using water course—{1) If any person, jointly responsible With others for the construction or maintenance of a water course or jointly making use of a water course with others, neglects or refuses to pay his share of the cost of such construction or maintenance or to execute his share of any work necessary for such construction or maintenance, the Divisional or Sub-Divisional Irrigation Ofﬁcer, on receiving an application in writing from any person injured by such neglect or refusal shall serve notice on all the parties concerned that on the expiration of a fortnight from the service, he will investigate the case accordingly, and make such ’order thereon as to him seems ﬁt. (2) Such order shall be appealable to the Commissioner whose order thereon shall be ﬁnal. (3) Any sum directed by such order to be paid within a speci- fied period, may if not paid within such period, and if the order remains in force, be recovered by the Collector from the person directed to pay the same. as if it were an arrear of land revenue. 20. Supply of water through intervening water course—41) Whenever application is made to a Divisional Irrigation Ofﬁcer £0; a supply of water from an irrigation work and it appears to him expedient that such supply should be given and that it should be conveyed through some existing water course, he shall give notice to the person responsible for the maintenance of such water course to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed, and, after making enquiry on such day, the Divisional Irrigation Ofﬁcer shall determine whether, and en Wll'lt condition, the said supply shall be conveyed through such water course. , ‘« -E i , a, 1‘ r .» x ’?

(2) Wi:en suclt r-'fli'-:ii irr:igatiorr" utork tulrl' - 1lc

2L. APPticotion to, cons Lruction Dersoll desiilng the consiruction 01' a in wrifting to the clivisi-onai irr-igation

rost

li ttt r-1,,' ' . ,', , , iItu:j t), 'tt il :;l.iilili,1' c' i rvater f rnt:i cil11\',i'"'1'ci titit.,t:rlir iiliy ttlaler cours.3 els

resaicl, iris ciccir.it-'lr shitil, ruir.-',1' ij()ttliii i,,i,1 o.,.' r,ltlclificci lly the

;;";ii;:"i;ArrorrJ' ;rr,,r,i,,,,',i. i ,' riic l:r":ri!r'cniincr ot 'tlte

saic

ater coursc'

,, \_ / ,.1

course urllu i " i;;j. paid thc :xirclrs. :f any,,r'f ,,..ti,tt:tl. ';',t ,'"',]l,l"ii::G0Ur;ru L{J}Lrr I

iourse rr,r."rrar), irrir.cie. i,o Ii' i,i,irrq ,ri,,1ri;('(i .l]ir-,,ii;ir ii, autl aiso

mrch slrare oi fire irrst cr:>'i oi sucir 'rv;f';r c.il sc iis tirt: divi:rio''ai or

ililrilierncling irrigation oilicer lrlay deterrniue.

(4) sr-rch appliciint shail al,;,"r be liai:1e ior'his sirare oi the cii rrr.aini.cnan'c.e oI srich wa'ucr colilse so icng 3.s he uses it '

oJ netfi water cott?'se.-AnY r,eiv lvater cor.ll'se nlay aPPIY crfiicer stzri.ulg---

(it that he iras encl.ca';ourcd Llnsllccc'ssiu11y -to. acquire, from the ow-]ters of the iaurcl ,Lirroi-rgii rviticir .1.* Cesir-es such water course to pass, a right to occupy so lnuch of the land as wiii be needed Ior such \\'tlu€r' course;

that he d"esires fhe said irrigation ofiicer, in his behalf his cost. to clo ai1 tirings necessary f or acquiring such

(iii) that he is able to 'Ceilav all cosis involved in acquir' ing iuch right anci coilslructirrg such $'aier cclirse'

pt"ccedur.e of ircigatton oificer thereupcn.-*If the Divisional Oliicer consiclcrs-_*

that tlie constrt.ciion cf s,-icir JLLilse is exiteciient;

and that the in the are true;

(ii) and at right;

22. irrigatic-t-t

23. Appl,icatLon f c' tran"s;ier cJ crist'i,nrs rt:ater calLrse'- (1) A*,.y lr.rriri-A;;i;l;g innr an eiisl.ing

\,va:.c'c.),-lise s',rou1d bc trans- ferred from its present owner to himielf may apply in w'iting to the Uivisional Irrigltion Officer, stating-

) ,-: :.!,

, mar w“?c:=.:ii’ic:s t'i'nit a snonly of. water from i l . w. L: c (2) When such chic irrigation work may he CUEiYi‘B'CCl through any water course as resaid, his decision shall, when coziiii'nicd or imidiiicd hy the ‘erintcnding irrigation officer, Liiiaiinjv oi: tic f'qtplir‘mnt and ‘ 1 0 on the persons l‘C;$:,_}L)il:}iiiicf the inriin‘cnzincc oi the said ~s (3) Such applicant shall mt: he entitled to use such water course until he has paid the expense of any alteration oi such water Course necessary in order to his helm; supplied tinting}: it, and also such share oi the iirst cost oi‘sucii water course as the divisional or superintending irrigation officer may determine. (4) Such applicant shall. also be liable tor his share of the E most 01" maintenance of such water course so iong as he uses it. 21. Application jor construction of new water course—Any person desiring the construction of a new water course may apply in writting to the divisional irrigation ofﬁcer stating~ (i) that he has endeavoured unsuccessfully to acquire, from the owners of the iand through which he desires such water course to pass, a right to occupy so much of the land as will be needed for such water course; (ii) that he desires the said irrigation ofﬁcer, in his behalf and at his cost, to do all things necessary for acquiring such right; (iii) that he is able to deiray all costs involved in acquir- ing such right and constructing such water course. 2.2. Procedure of irrigation o‘ﬁcer thereupon.~-if the Divisional irrigation Oliicer considers-— (1) that the construction of such water course is expedient; and (2) that the statements in the application are true; at he shall call upon the applicant to i‘i‘iake SLlCl'l deposit as the Divisional 1», Irrigation Ofﬁcer considers nccc to defray tile cost of the preli- "miinary pro feedings, anfl the emonnt of any coowixensniion \‘v‘l’llCh he ‘V-v'u _. r‘. ' considers likely to become- eat»:- under section, and upon such deposit being made, he shall c: use enquiry to he made into the most suitable alienn'ient for the eel( ‘ ‘ or ‘c i :‘nail i‘ out the n b I o I n .‘ .>» 7 l' land which, in his opinion. Will he l’lQCC‘SEiL-l?j’ occupy 101‘ the construction thereof: and shall forthwith oublisn a notice in ever A. ‘vw ) \.., wove. so much of such land as bi? ongs to such village has been so marked «out. 23. Application for transfer of existing ioater course—(1) Au person desiring that an existing in aicr course should be trans— ferred from its aresen't owner to himself may apply in writing to the Divisional Irrigation Ofﬁcer, stating—— village throt‘i’g’hrwhich”the-“water course is proposed to be taken, that. :i »- a

Q.o o {tsfttlff, (l':1-r{r i[{rcf( q8, tl\v qrfi 8 (s)

(i) that he has endeavoured unsuecessfully to procure such transfer from the owner of such waf"er course;

. (ii) that he desires the said irrigation offrcer, in his peiralf and at his co';i, to clo a1l things necessary for procttring sueh transf er;

(iii) that he is able to defray the cost of such trausf er. (2) If the Divisional Irrigation Officer consideff:

(a) t hat the said transfer is necessary f or the better manageinent of irrigation from such water course; and (b) that the statements in the application are true,

he shail call upon the applicant to make such deposit as t&e Divi- sional Irrigation Officer considers necessa.ry to defray the cost of the preliminary p,t-cceedings and the arnount of any conlpensation that h"y become due uncier the provisions of sectibn 28 ^in respect of such trausf ei : an d upon such deposit bcing made, he shall publish a notice oI t]re a1:plication in er,€ry village.

24. Ob iect Lait. to eonstruction or transf er ap pi,ied for.-(l) Within thirty cla,vs frorn the publication of a notice

-und.er section 22

.lr section 23, as the case may be, any person interested. in the land or wafer course to wirich the notice refers may apply'to the Coll tor by petition, stabing his ob j ection to the constiuction or t rans for which applica.tion has been made. i

(21 Thg Collector ma{ eiiher rei cct, tire petitiorl or may pre ce99 {o inquire into the_ vaUaity pf thc oirjecfion giving prJ"i notice to the Divisional Iruigation officer ol the pl ace aila which such incluiry will l:e hreld. '

(3) The Collector shail recorcl in writing ali circlers pass by him unclcr this section and the grouncls therEof.

25. WIrcn .applicant rll&lJ be placecl in, occLLp{Ltion.-If. no suuirjeclion is nradc, oI' (whele such ol"r; ection is macle) if tfr. Colletor over-rulcs it, he shall give notiie to the Divisional Irrigati Olficer at'rd shail proceed to placc the said applicapt in o...rp"tionilre lanci ntat']'cci ouf or of t6e n'ater course to b;;;;ri;;#J rs t (i,aSI rrt;i\' lta

36. P roectitrre when ob;ieciion is lrcld uatid,--.If. tlie ColI,cotrsiclct's tll\r-objcetion tnade l,.t nforesaicl to be valid, hc shail intlie Divisional Irligation OfIici:r' accorclingly, on,l, if'srrcir--ofn*utfit, irc nray. in t he c:rsc o,f an appiica tjon - unrie. scct,io* zL, rlt.,il;; ii;,ii'liotjrrndcr sccti ott 22.

time

Coll"cctof, 2i. Frocedure u:helt rrrictoiron oliir:er clisctgre{rs *itlttf the irrigation officer clisagte.u,t with the Collicior, the matter

Koo TWWR (Mr-11, sitar “<8, we am 8 (a) “mm-$1 ‘. - 9—"- 3.. (i) that he has endeavoured unsuccessfully to procure such transfer from the owner of such water course; ,, (ii) that he desires the said irrigation ofﬁcer, in his behalf; and at his cost, to do all things necessary for procuring such? transfer; ; (iii) that he is able to defray the cost of such transfer. (2) If the Divisional Irrigation Ofﬁcer congra'éf’é‘i’i (a) that the said transfer is necessary for the better management of irrigation from such water course; and (b) that the statements in the application are true, he shall call upon the applicant to make such deposit as the Divi-f sional Irrigation Ofﬁcer considers necessary to defray the cost of the?3 preliminary proceedings and the amount of any compensation that-j may become due under the provisions of section 28 in respect of; such transfer; and upon such deposit being made, he shall publish a notice of the application in every village. 24. Objection to construction or transfer applied for—41); Within thirty days from the publication of a notice under section 22 or section 23, as the case may be, any person interested in the land} or water course to which the notice refers may apply to the Collec-é‘ tor by petition, stating his objection to the construction or transfer; for which application has been made. (2) The Collector may either reject the petition or may proé ceed to inquire into the validity of the objection giving previous notice to the Divisional Irrigation Ofﬁcer of the place and time at; which such inquiry will be held. ' ' ‘ (3) The Collector shall record in writing all orders passed: ' by him under this section and the grounds thereof ' . 2:3. When applicant may be placed in occupation—4f no su 4 objection is made, or (where such objection is made) if the Collec: tor over~rules it, he shall give notice to the Divisional Irrigatio Ofﬁcer and shall proceed to place the said applicant in occupation 0 the land marked out or of the water course to be transferred as thé; (1350 may he. i "36. Procedure when objection is held val-id.-~——It the CollectO considers any objection made as aforesaid to be valid, he shall infor the Divisional Irrigation Ofﬁcer accordingly, and, if such ofﬁcer 5.. ﬁt, he may, in the case o:t an application under section 21, altcrt boundaries of the land so marl-{ed out and may give fresh noti under section 22. 27. Procedure when irrigation officer disagrees with Collecw? 1f the irrigation ofﬁcer disagrees with the Collector, the matter Sh

(ni

| 28. Etven.ses to b,;' sh a' q-. p i

"" "* :l _: F "; : lLT,o. I rj,:fli:'#';;

lll- il". ;x :L iiflif Hhas paid to the person nanrecl ;;, ,il Correcio. ,u.t-, anrou'tsbe determined tn b" ;Lre,as cornpensation rnil- the ia'cr *"*iJ [JlTi', ; .f,: :?' ::.1; ji,X?' H,,.1;,1 il* ll; ; .! ty, s, n1 ;, sc c a u s e cl b y t h eincidental to such

";;,,;;;tion or 1,.""l?lt. togcther rvith arl &p*nr*,

(2) If ;1ch compensation and exrrenses are not paid rvhen de_manded by the person entitled-to'rl.*ii,u iti *?*", trrelm.,'nt maybe recovered by-the clrrl*to, n*-it'il'ru*"e ar1 arrear of rancr iuru.rruu,ffi.::tl]l r[l"*J:f;;"4,-1""0;'i or-hi*' io' ir,u p*.,nn Lntirec

29. conditions bind,ing on &pprieQnt pracecl .in o^eeupation._(11when anv such uppri"";,;

"i.r, pi#'j'i" ;.;6;ti"n- of rand or of a il" l,il."":':? T#tn:;t,t

"'e""-:".'l?$jtg,TlH_::* cond * ions sh a'

F (i) Atl works necessary for the passage aeross such rvaterE eourse- or water courses, existitg. pri"i"ir- to its construetionp and of the d";t"+e inre".."o1"u-pi-;;^rio. ro. "nl.Ji,rg pro-F

put comrnunication-across it'for il.t .oni".ri.n"";;te neigh-F. bouring lands, sharl t- ;;rq=.r9a ni- irr: apprieant, and bef il:iilT'ff.t,ll Hilf,*i"l$i;*'X;::.interest ro irre,"tisl il

___ --^a€5c.r,rrJrt \JlIlCel ,: (ii) Land oeeupie'd for a water course ynder the provisions, :j;r'rt"n 22 'r'"ii il;; ;it rJ. t"# p'urpore or such water

(iii)- The proposed. water eourse sha' be_completed to thesatisfaetion _ot tt.u . DivisJo;;i t..ijuii*. officer_..n iir,i, onevear after the appticani;;;t::.d fi;.iup"tion of *ru-j",ro; ru,.uolf,"'?ilT;",JlTl"ti:k';hS:, or a water course is trans-

(ir') Ttr'e appliean t or hi! representative in interest shall,so lonq a.s he oceupierl sueh;lr;Hor .- "tu,. "n,i".e.pav rent for

the sarne at' such r"t" ana o" .,r.rr'ao.r, ;;;;;'determi.r*J t,ythe colJer;.1or:,-'r"'-hgn th; apprica;i'j; prr..a'irr= o..upation;(v) If the right to o.ecupy the rand oeases owing to breacho'f tli:-se' rules' -th'e ii;tttifii ff ;;'" said ,.ni shau eontinueuntil the 'npiicatti Ji^ rri, rep"eruntative--irr-lrrterest has r€s.tored the rdtia io itr""rii.,ri-;;;liion, ;;;;ii,.r,u has paid,b5' u;;ay'of eompensati"" ?;;;'i":lry a.ne To ^thu_said land,quch amount and f. *.r. persons u, til. c;il;or deter*u*r;

1°? M -r for decision. Such decision shall ﬁnal and the Collector, if. so ' ‘ .ubject to the provi~ 0113 of section 28, c icant to be p‘ {ion of the land so mark need in occupa- water course to be transferred as the case may be. 28. Expenses to be paid by applnrantc‘U) No such applicant all be placed in occupation of such land or water course until he the Collector such , the amount may c and revenue, overed, be paid by him to the person entitled be completed to the nal Irrigation Ofﬁcer Within one placed in occupation of the land; 7 the Colleiéigor.iwhen the applicant is placed in occu

1oR,

I $ T

fist1ltttt qil-g?, ;tEscfi ep, ltLB

(vi) The Collector ffi&Y, on the application of the person entitied to reeeive such rent or compensation, determjne ti:e amount of rent due or aSSes'S the amount of sueh eompensa- iio", and if anv such rent or comp,ensation be not P."id bV the applicant or his representative in ittterest, the Collector''rooY rb.o"*t the a*o.,.rt. r,vi.i.]r interest ti'Let-eon. at the rate of six per cent, per annum frorn the date 6rl-.1rrhich-;it,h,eccmes d-ue, hr if it'urere an arrelr of land revenlie, and shali pay thd Same, when recovered to the person to whom it is due.

(2) If any of the rules and conclitions prescrib'ed by 'this .SCC' tion are not complie,{ rvitl'r transferred uncr er this Act the right of t}-re appl icant, occupy sttch la.nd or u'a.ter

31. W ater suPPIq written contract, ol: so every supply of rva'ter

or if any rvater course constrttcted or is ciisusecl for three years continously, or of his rei)res.tntatirre in interest, tc course shall cease absolutely.

to be slioiect to ru,les.-In the absence of a f ar as any stieh contract does not' extend,

from an irriqation rvork shall kre dcremed to

30. Proced;Li'e a1)pticable to occL,,pation f or ettensions and altero- tions.-Tire proce cir-r re ^ her,einbefore provided {ot the occupation of lan,l for tha cllrsiruction cf a u,a.tei cor-lrse sha1l be anplieable to the occupation of lenci for eny extension- or altel'ation of a water course, and for the rieposit of

-soil from r,ttater coLlrse clearances.

PART IV

On th"e s"trpplA of uater

be gi.,en'itl,th* rate:; ancl subject ^tc tlre cor-rdi.tious prescribed by the rules to,be rnacle by thc Stite Gor-ernlnent in rcspeet'ih,greof,

g2. Cortclitions of rooter srlpplrl.-Su.ch contracts atrcl rrtles must be cotrsistent rvi'th the foilowing condiiions:--

(a) Thc l)i'"'isional Irrigation Of{iccr n}aY supplv of v"'r,rt cr to atly wat.lr collrse, or to any in the fol1o1vi1-19 ea.ses:*

not stop the' Dersoll. cxcept

COU ;.-..1e lS

flS t.,t pfe

(iji) Within periods fixed from time to tinrr-by Divipicnai Imi.qation Officer.

(b) No clnirn shall be rnade asdains.t the State Gor,nrnfi for compensation in resncct of loqs enn:eC hy i,l re f ailure

the Stal,r- Government; (ii) V,Ihenever and so lon q RS an:/ ',vatr:r

nraintainr,l in such nronei' ct:siolnarv re|3i1' the wr:"tefrrl escape of t'"'atcr Lherelrom;

(i) \r/henever and so long as it is i:lecessarv to stop: such'.i,,rnlv for the put'llo-ce ofi-exeer-tt.ing an:,' r,lorJ: olclered br' {'{l}nirtlltit iluthorit',,t irntl t','i't1t t.}re pret'iritt: siit-rction 0l

so? mm (ta-w, WW ‘3’ m? cm V (‘3)- WW— (vi) The Collector may, on the application of the person" entitled to receive such rent or compensation, determine .t’tie amount of rent due or assess the amount of such compensa-‘ tion, and if any such rent- or compensation be not paid by the" applicant or his representative in interest, the Collector-:may recover the amount, with interest thereon, at the rate of six per cent, per annum from the date.on..tizhichmit“becomes due, ' as if it were an arrear of land revenue, and shall pay the! same, when recovered to the person to Whom it is due. (2) If any of the rules and conditions prescribed by this sec. tion are not cOmplied with or if any water course constructed or transferred under this Act is disused for three years continously, f the right of the applicant, or of his representative in interest, to t occupy such land or water course shall cease absolutely. S 30. Procedure applicable to occupation for extensions and altera-. tions.—The procedure hereinbefore provided for the occupation of land for the construction of a water course shall be applicable to .. the occupation of land for any extension or alteration of a water course, and for the deposit of soil from water course clearances. PART IV On the supply of water 31. Water supply to be subject to rules.—-—In the absence of a a written contract, or so far as any such contract does not extend, ’ every supply of water from an irrigation work shall be deemed to. be given at'vthe rates and subject to the conditions prescribed by _., the rules to ,be made by the State Government in respect thereof. 32. Conditions of water Si,L-ppi3/.-——Stich contracts and rules must be consistent. with the following conditionsz- (a) The Divisional Irrigation Ofﬁcer may not stop th supply of water to any water course, or to any person. excep in the following: cases:- (1) Whenever and so long as it. is necessary to stop? such simply for the purpose of executing“ any work ordered by mnnnetmit authority and with the previous sanction the State Government; ‘ (til Whenever and so long as any water course is nO‘ maintained in such proper customary repair as to prevent, the wasteful escape of water therefrom; (iii) Within periods ﬁxed. from time to time by the Divisional Irrigation Officer. (b) No claim shall be made against the State vaommf for compensation in respect of loss caused hy the failure--

6 * tg ry #

ffi #,

rrrf t (c) qfstqqtfr (|!tl'tl!b lffqilfi ?.8' tt\I ROQ

stoppage of the water in an irrigation rvork b:r reason of 8ny ro*ru beyond the control of thc S'tate Co'.'ernrnent. or of an9. retrrairs, ait*totions or adclitions to the irri(atiotr work or of any measures taken for regulating tlie ]li''rtler florv of water thirein, or for rnain.taini,rl; ihe e:;tablisl''ecl cotlrse of irrigation q'hich ihe ni.'i:sional h'ri:l;ition OITi{:er (:on';iilers necessary: but the person sufferin.g suctr l,rss rnay claim sirctr remission oi the ordinary eharttes

'llaval-rle for the use of the water as is au tl:orised by the State Gct'ernrnent.

(c) If 'the supply of rvater to Alr\/ l an cl irrigated from an irrigation rvork be internrpted othe:'rvise than in the manner described in the last preeeciing clarr;ic, 1he ocr:trpier or oWner of such land may presen.t a petition for ci)n'rlielrsation to the Col- lector for ani loss arising from sueh int,et'rltption, and - th.,e Divisional Iriigation Officer ma.v ar,varcl to the petiticner reasonable compensation for such loss.

(d.) 1[4ren the I'r'ater of an irrigation vrork is supplied for irrigation of a sinqle erop. ,the permission to use stieh water shaii be helcl to conlinue otttl'until that erop eon'ies to maturity and to apply only to that erop; brrt if i't be supplied for irrig?t- ing trvo br more erops to be iaised on the same land within the year, such permission shall be held to continue for_one year irom the eomm,eneem,ent of ihe irriqation. and to apply to such erops only as are matttred within that vear.

(e) Unless with the pernrission of the Superintending Irrigation Officer. no nerson entit'led to use the rvater of any irrigation rvork. or an\'11'orli, brrildinq or lr.nd appertaining to any imigatien rvcrk. shall sell or sttlr-lot or o'herv,'ise transfer hid right to streh tlse; provided' th'r'i the f'trt'ter nr'rt cf this elause- shal1 not arp]',' to the u-';e. 'lj.' :i crrltivating tenant. of rvater sunplied bv the' ourner of a vra!-€'t collrse for the irriga- tion of the l and helcl lrv sireh tenant.

But all eontrael-q made ber\veeil l.he State Gov,ernment and the owner or oecul-.ier of any imnlo'.'eable nroperty, as to the sup;rly of rl'ater to slr.ch rr:'ol=rer'tv. shall be transferred there- rv ith, and shall he nreslimed to have been so transferred u'henever a transfer af Srrch property takes plaee.

(f) IrTo ri,qht to tt'e rise of the v:a'ter ef an irriqation wofk shall be, or he dee'ircd to have been. eequired under Part W of lhe Indian T,inri+a'tian Ae1. 1908. orrnder tlre Tndian Easements Aet. 1882. of the Cen'jral Legis'latrire as adapted to Rajasthan; llot' slrali tir,e State G c','e'rnr ent Jte l;rr rnd to suppiy dny per- son with rvatcr except in r,cccrdance'.',rith ths terms of a' coD- l.ract in -rnrrilins.

PART V

Of W ater Rotes 33. Liabilit2l when person, using . unauthorizedly eannot

tdentified.-If water supplied through a water course be used in be an

m r (:5) (1mm (tar-u. W is. “K" to?! W stoppage of the water in an irrigation work by reason of any cause beyond the control of the State Government, or of any repairs, alterations or additions to the irrigation work or of any measures taken for regulating the proper flow of water therein, or for maintaining; the established course of irrigation which the Divisional Irrigation Officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the State Government. (0) If the supply of water to any land irrigated from an irrigation work be interrupted otherwise than in the manner described in the last preceding clause, the occupier or o-‘wner of such land may present a petition for corniiiensation to the Col‘ lector for any loss arising from such interruption, and the Divisional Irrigation Ofﬁcer may award to the petitioner reasonable compensation for such loss. (d) Vx’hen the water of an irrigation work is supplied for irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity and to apply only to that crop; but if it be supplied for irrigat- ing two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation. and to apply to such crops only as are matured within that year. (e) Unless with the permission of the Superintending Irrigation Ofﬁcer, no person entitled to use the water of any irrigation work, or any work, buildinr: or land appertaining to any irrigation work. shall sell or Silllwlﬂl or o‘herwise transfer his right to such use; provided that the former part of this clause shall not apply to the use. by a cultivating tenant. of water supplied by the owner of a water course for the irriga- g tion of the land held by such tenant. ‘ i But all contracts made. between the State Government and if: the owner or occupier of any immoveable property, as to the i, supply of water to such nropertv. shall he transferred there- ; . J A q a With, and shall be presumed to have been so transferred r whenever a transfer of such preperty takes place. i (f) No right to the use of the water of an irrigation work . shall be, or be deemed to have been. acquired under Part IV of the Indian Limitation Act. l908. or under the Indian Easements Act, 1882, of the Central Legislature as adapted to Rajasthan; - ~nor- slialithe State Government he bound to supply'a’ny'per- ‘ son with water except in accordance with the terms of a con- tract in writing. ' 7’ PART V of Water Rates. Hr- . . 33 Liability when person using .imauthorizedly cannot be zdentzﬁed.——If water supplied through a water course be used in an

Rpv qrgn (Iil{!r, ilqoq( Rv, ttlB qn r(q)

upauthorised manner, and if the person by whose act or neglect such use has oeeurreci ean not be identified, the person on whose land sueh water has flowed, if such land has derived benefit there- from, or if sueh person can not be identified. or if such land has not derived benefit, tl:.ei;efrom, all the persons chargeable in respeet of the water supplied through such water eourse, shall be liable or jointly lia-hle, as the ease may be, tc the charges made for such use.

34. Liabilitq u:heir, ruater runs to utaste._lf water, supplied through a water eourse be suffered to run to waste, and if, after inquiry by the Divisional Irriqation Offieer, 'the person thrdugh whose aet or negleet such water was suffer,ed to run to waste can not be diseovered, all the persons chargeabl e. in respeet of the water supplied through such wa'tei eourse sha1l be jointly liable for the charges made in respect of the water so wasted . .

35. Clwrges reco>erable in addition to penalties.- (1) All charges for the unauthorised use or for r,vaste of water may be reeovered in addition to an-v penal'ties incurred on aceount of sueh use or waste.

Q) All questions under section 33 or section 34 shall be decided by the Divisional Irriqation Officer subject to an appeal to the Superintendin g Irri qation Offieer, or sueh other appeal as may be provided under section 60.

36. Chorge on oceupier for utater how determined.-(1) The rates to be charged for rn'at,er sunplied for purposes of iruiqation to the oeeuniers of land shall be determined by the rules to be made by 'the State Gorrernment ancl such oeeupiers as accept the rvater shall pay for it accordingly.

(2) A rate so charged shall be called the'Occupier's'rate. - (3) The rules hereinl',ofore ref erred t<l may preseribe and

determine what persons. or elasses of persons are to be oeeupi,ers for the Durposes of this sceticrn. and may also determine the ser,'eral liabilities, in respect of ihe pa)'ment of the occupier's rate, of tenants and of persons to rvhom tenants nrav harre sub-let their lands, or of nroprietors and of })erson's to rvhnnr, propriet,ors may have let th'e lands helcl hv thern in crrltivaling ocerlpanev.

3?. "Outttef s rofe".--Tn nclrlitiori tr: the oecrtpier's rale. a rate, to be called thc'o.,vner's r';llc', n'ra1,' hn inrposed. aceordirrg to rules to be made ltv the State Cle"or'llrrent, on the oWn,ers of irriqated Iands, in respect of the 1in114fit .,,-,-li:rlr thev rlerive from streh irrigat ion.

38. Amottnt af o?nner'.s rnt e.-- The o\tr,ner's rate shall not exeeed the srllrl rvhieh. 1;ili1r'r'tlr'' i"rrle* for ihe tirne being in force for the assessllrpnt of land ]'rlvonrlrt. miqht hr- assessed on stteh land. on account of th,e inerease in tlrr: annrreJ valne or prodtrce ther:eof eaused by the lrrigrti,on, and for the plrrpose nf this sec'tion otrly,

‘ 39‘: mm new, mm W. M? , "I" “ (‘5) unauthorised manner, and if the person by whose act or neglect such use has occurrer. can not be identiﬁed, the person on whose land such water has flowed, if such land has derived beneﬁt there- from, or if such person can not be identiﬁed or if. such land has not derived beneﬁt, theiefrom all the persons chargeable in respect of the water supplied through such water course, shall be liable or jointly 1121010 as the. case may be, to the charges made for such use. 34. Liability when water was to waste—If water.) supplied through a water course be suffered to run to waste, and if, after inquiry by the Divisional Irrigation Ofﬁcer, the person through whose act or neglect such water was suffered to run to waste can not’ be discovered all the persons chargeable in respect of the water supplied through such water course shall be jointly liable for the charges made in respect of the water so wasted. - 35. Charges recoverable in addition to pemlties.———(l) All charges for the unauthorised use or for waste of water may be recovered in addition to any penalties incurred on account of such use or waste. (2) All questions under section 33 or section 34 shall be decided by the Divisional Irrigation Ofﬁcer subject to an appeal to the Superintending Irrigation Ofﬁcer, or such other appeal as may be provided under section 60. 36. Charge on occupier for water how determined.——-(1) The rates to be charged for water supplied for purposes of irrigation to the occupiers of land shall be determined by the rules to be made by the State Government and such occupiers as accept the water shall pay for it accordingly (2) A rate so charged shall be called the ‘Occupier’s’ rate. (3) The rules hereinhefore referred to may prescribe and determine what persons or classes of persons are to be occupiers for the purposes of this section and may also determine the several liabilities in respect of the pa1- ment of the occupier’ 5 rate of tenants and of persons to whom tenants may have sub- let their lands or of proprietors and of peisons to whom, proprietors may have let the lands held by them in cultivating occupancy. 37. “Owner’s rate”.mln addition to the. occupier’s rate, a rate, to he called the ‘owner’s rate’, may be, imposed. according to rules to be made by the State Government. on the (miners of irrigated lands, in respect of the beneﬁt wl‘iieh they derive from such irrigation. 38. Amount of Oiimer’s mien—The owner’s rate shall not exceed the sum which. under the rules for the time being in force. for the assessment of land revenue. might he assessed on such land. on account of the increase in the annual value or produce thereof caused by the Irrigation, and for the purpose of this section only, iwurlI-AA" .‘-.¢-a:_~;»4.;.", - -

firr B (r) (rsnqFf (rsf-qe, nElit{ 18' t\t(g tol

land rvhich is heid f ree of revcrllle, sh ;.i li i: c considered as though it tvere tenrpot'arily scti"ic'cl anci lial:lc tc, r-ravntent of re\renue.

39. Oiunet"s j'ete, tui iclt ttr;l chtt:'tict1! ti.':.- -No owtrcr.'s ra.te shall be citargcal,rlc eitl-rer oIl thc o\\rricr ()r' oecrrl-1i,,:r of land tenrporarily as,ses:ic'd to pay land revcllue at Irrigat ion ra1.es during the currency of such asscssmcnt.

40. Certilied d1i r:.s re ceuerotsLe rr.s land re,ue,nlte..*subject to tltt' pt'ovisions o1 sectiotr +1, iiir\,;rlirtl tawfr-rlly due undet this i;art, attd certified by thc l)ivi;;ionai lrrigation Ofiicer to be so due, u'hich retnaius .Llnpaicl aftcr the cial' on rvhich it becomes due,shali be r,ecoveralrle b1't]rc Collcctc;r l'ronr tlie person liable for the same as if it were an arrear of land r-cv(-rnri€.

41. Lambnrcltrrs or PaLels' rnau L,! 1'ctltt.irecl to eallect irrigation dtte.s.-The Collector may reqr:ire the Lar-,'rirardar or Patel, if a'ny, ot any local arca to eollect any_ surils

_ pa)'ai;lc und,er this Act in re.pect

of_anv iat-rcl or tl'ater in suclt local-iri'c;.i. ernri dcliosit the arnount so collccted in the Statc Treasur'5, 4s dn'cctcci lr]- the Collecto1, and i; rhe evcnt of_ an1, Lrcrsoll failing to pa5 ?t-r.r' ijrllll SC) required, it shall be r-eco\'ered frorn him as an arrear of taiia revenue.

PART VI

Of Drotnage 12. Pou;er. to prcl:.ibit obst ructiot-ts or orde'r ttteit rernqt)a1,.-

(1) Whenevel. it appeals to the State Government that inliiry to any land or the public irealth or pubiic convenience has ariieri or Tay arise f rom the obstruction of 3ny river, str,eam or d.rainage $"nnel, the State Governi:rent may, lty notification published in the Rajasthan Gazet'te, prohilrit, u'ithin Inrits t^rt be defined in such notihcation, the formatiotr of an-v cil-istlnc'iion or tnay, within such limits, order the removal or other'" rnoditication of rn.t otlstruction.

(? ) Thereutr on. so much of th.u :?id rive_r, streain or drainagechannel as is- conip::ised rviihin snch iirnits, shall be nufa to be a drainage rvork as defined in section 3.

43. Pouar t o remat)e oLrs/r'uctiatts af ter ltrohibiLion.-(l) TheDivisional Irrigation Officer, or other.pcrson auihorised ny tfre State Government iu that behalf , rlay, af f er such publicatiori, issue an arder'i.o the person, causing or having ccntrol oier any ru.h 6bstruc- tion to remove or modify the same within a tinre to be fixed in the or.der.

\2) If, witirin the time so fixecf ,such person d.ro€s not complywith fi','': crcier, the saio Irriga'tion Officer *"y himself - iemove ormodilV _the obstrttction and il the person to ri'hom th; o*4u." *", issued d.oes. not, when caiied,rpon, pay the.*p"rrru, involved in sucl, ..'etnoval or rnodification, suih expenses shali be r".oro.raUfe Uythe Collector from hinr or his represeri'tative in interest

"-* "* arrearqf land revenue.

am a (a) imam est-wax, new is. we Rex land which is held free of revenue, shall be considered as though it were temporarily settled and liable to payment of revenue. 39. Owner’s rate, when not churgeabl':_-«\lo owner’s rate shall be chargeable either on the owner or occupier of land temporarily assessed to pay land revenue at Irrigation rates during the currency of such assessment. 40. Certiﬁed dues recoverable its land revenue.wSubject to the provisions of section ~ll, any sum lawfully due under this part, and certified by the Divisional irrigation Ofﬁcer to be so due, which remains unpaid after the day on which it becomes due, shall be recoverable by the Collector from the person liable for the same as if it were an arrear of land revenue. 4i. Lamberders or Patels may be required to collect irrigation dues.—-The Collector may require the Lambardar or Patel, if any, of any local area to collect any sums payable under this Act in respect of any land or water in such local area, and deposit the amount so collected in the State Treasury as directed by the Collector, and in the event of any person failing to pay any sum so required, it shall be recovered from him as an arrear of land revenue. PART VI Of Drainage 42. Power to prohibit obstructions or order their remqval.—-—- (1) Whenever it appears to the State Government that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drainage channel, the State Government may, by notiﬁcation published in the Rajasthan Gazette, prohibit, within limits to be defined in such notiﬁcation, the formation of any obstruction or may, within such limits, order the removal or other modiﬁcation of such obstruction. (2) Thereupon so much of the said river, stream or drainage channel as is comprised within such limits, shall be held to be a drainage work as deﬁned in section 3. 43. Power to remove obstructions after prohibition—(1) The ‘ Divisional Irrigation Ofﬁcer, or other person authorised by the State Government in that behalf, may, after such publication, issue an brder to the person, causing or having control over any such obstruc- tion to remove or modify the same Within a time to be ﬁxed in the order. ‘ (2) If, within the time so ﬁxed, such person does not comply with the order, the said. Irrigation Ofﬁcer may himself remove or modify the obstruction and if the person to whom the order was issued does. not, when called upon, pay the expenses involved in SUCli removal or modiﬁcation, such expenses shall be recoverable by the Collector from him or his representative in interest as an arrear of land revenue. , (.7 A,"

ROE

46, Roie 'cf isnds respect oi st-tch sclicnic. made bY thc' Statr: (-, -'i

(2) Such rate shail be lixed as exceed'*ither of the foliowing lirnits:

shall, in the rn a nne I Prc:;c; so chargeable.

( i"') irrigla't,iltl clr t:ati:;'tld porl.i otr ii'i t: Ior thc rcril Gover:r t',ttti l I

47. It.cr:r: "t''t:1. i i t.'.i ttti' r'' and fgCOVgf-efl jri tr"riii,llrr'l'

48. I) llri";+ srr I ( 'i ancP of a tiul iiie:ti'ir', rcrrloVed cri t:rnrii i i'.:t'i, under section 'l{, ? ll

({sttefFt (Nt-qtr, qqsqt i8, qel't {iln 8 (a)

44. Preparation of sc!rcnt,es f ortuot'lcs of irnprol.?nlent.-When- ever it appeai.s to the Slatc Go''.cri-..rc.ii that ally drairlage rvorks are necessari'tfo, the irrt;,ror:eiriei:, c''.in'1 Lanci:;, "lt:-tcr th^e prcper

cuiti- vation or irr:igation tireleof , of 'r;.i lt p.u aecf ion f rcm floods or other aecumulations of -rvzt et', or f ro-:.r .-,roiiu,. L'y a river, . is required for *t land.s, the S'tate Goverriirei.ri lnay 9?u?e a schr:ne for such ai"i""g* works to i:e d,ra\.",il u-!l irrtci ^i:',rblished togeiirer rvith

estimafe of iis cost an,,-1 LL:i,;tr-rr:iuni oi fire propci''Lioi' rji.-cLlch' cost *ftitft the State Govcrnrnellr J'rr'r-rpoiieS 1'c iiefray and ii scilecir-rle to the lands which it ts pi'onoseci" to ir-raiie char-gcaLie in i'r*'-:p€ct of the seheme,

45. Fg'uer of ?lersr)?is ti:1.'tL,,t!erL oI7 .*iiclt sc'nente.-Ihe persons authorisecl b.l' the' dtate Gcvern,reri to tlrarv up such schenre i i'i r'r' exercise ail br an)' of the p.rwers conferred, on Irrigation officet's by section L+.

irit ,-tot'/;s.._(1) An anntt;rl rate, in cii:rt'i-.,i,'C. iccordirr'{ t':r -r'ttles to Le , ir- '1 i.,: o'vi'ntrs ci lri'l 1'rt-itis "vhir-h

(i) Six percent' ]le-r anil11lli oli works, arlclirr,g therct'o li''e c:siill-r:'iecl nance and super\risicrr oi tltt: s:inle' the estimatecl ltlc".ne, if any, derived the said rate;

(ii) In thr-.ctrse ol ac-]-icr-rltitral ]an'1' t'ire Stim vlhich uncier the n:les therl ill l*rcc fol''i-ltL'ir'ssc::slircnt oi'lalld r''evel-Iue might, be a:::;ess(rcI tiJl si-tch iailrl ('iil 'lCcoliilt' oi ti:e iucIea:;e

tire aturulti vlrli:,r r)l' proJili:u Lhcreof r:anscd by thc drainage rvorh;

(iii) sr"ich ratr: ift:i\r bc r';tt'itcl lrct;l tirne to t'itrrc sueh'rna:<irj-rlltr'i L,y thi: l]tatc (-lovcrnmenti '

b-v such t'rrlc;, oe deterrnined to be

ne arly as Poss ible so as no L to

t.i,e first ccst of tlie said yearly cost of the tnatnte-- a:rd cledticting therefronr

frorn the rvorks, excluding

rvithin

it. ll:: ',1 ,.: t-:il:li'' I'f !.eJr J;t.'

i\ t,i' 1l.r_. {.i ri!'1iti' :'.:,iti

<ir:i'tcl. t.tl be rcmerJicci i:; citte: to ally ,-.lii,,,i' r,i' ;..'l( r.rI cth:;i.rrtc1.it,i l. Clll':'t'l'r-tctcd t il-,'tlt; i i,.,'n! Oi.' ir:,t ally pCf i:Ull , a l)t'O--.tr-.t

;.-1 r;i",i;r, cl:';rillegr: -tvt;ii:s i{-'(ltlrr!o t,,.-'i {'i'1 s}i,,11 l.rc l-r':l'nc i'r' i ilr: StaLe

r-i i. i-t ;i : I ,: t';.i !. tl 1 I r i i':' l;r*'c'l.icus "10 inti

Lri: ciilli:t:ied 'i 1 ftir the

Raﬁ {were (ﬁt-WI, asset as, has am 3 (a) 44. Preparation of schemes for works of improvement—When- ever 1t appears to the State Government that any drainage works are necessary for the ii'iiproveinen; oi? any lends, or for the proper culti- IL: U .1 ‘1 vation or irrigation thereof, or that p: accumulations of water, or freq; eroslc xy a river, is required for any lands, the State Govermnent may cause a sc seine for such drainage works to be drawn up and published together with an estimate of. its cost and a statement oi the propertior oi" such cost which the State Government preroses to defray and a schedule to ection from floods or other 5 ll. L./ the lands which it is pi‘OpOSed to make charg able in respect of the scheme. ‘ 45. Power of persons extpiuyed on such scheme—’l‘he persons 3‘“ VT authorised by the State Government to draw up such scheme may exerc1se all or any of the powers conferred on Irrigation Ofﬁcers by section 14. 46. Rate of lands beneﬁted by ‘zco‘rlcsr—(l) An annual rate,in respect of such scheme, may he charged, according to rules to he made by the State Gov i‘:;[}’:t‘¥il ». yrtlie owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable. (2) Such rate shall be ﬁxed as nearly as possible so as not to exceed either of the following limits:-—— (i) Six percent, per annum on the ﬁrst; cost of the said works, adding thereto the esrin’lated yearly cost of the mainte- nance and supervision of the same. and deducting therefrom the estimated income, if any, derived from the works, excluding the said rate; (ii) In the case of ag icultural land. the sum which under the rules then in force 0 the assessment oi land revenue might be. assessed on such land on account of the increase of the annual value or produce thereof caused by the drainage work; (iii) Such rate may be varied from time to time Within \ l‘ f such maxiu’mm by the State Government; (iv) So for as any detect to he remedied is due to any irrigation worlz. rural or cilnirr ﬁnal: or obstruction. cmrstructcd e thwerz‘:went or by any perscm, a pro- or taused by the Stat portionate share (ti ti, ' ‘ drainage. “*1“ required "Q“ {Ilia a}; mic. ,». l. ’y m ,\'l (—3,; , "-n ,.'_ v Ix‘» (. t' for the relaxi‘, m t 2- a ,. shall be home L3 we state ’ i 1-.v ‘7 - 95' t- ,‘(y 4 ., N ,r‘”, i, ,’ V Government. an; lentil p.52 , xl. tsetse may he. rs .) ,- : ~>4J ‘ i - r‘. tlw r‘x’ . ‘- (\r‘r ‘- ' ,. '2’ 1* 2‘ ’1"; 47. Renew} 1,: o; tatswww-mx sue. u: diode); late nit-i3 be colluﬁd and recovered in 11"2.:41;‘z‘;ei‘ tirailxlziecl l}; emotions all) and bill for the collection and recovery at 1 rates, ance of a notificg‘wion made ib'flflﬁl‘ 7'~';:L‘I.lui‘l 4‘3 any removed or moriiiics‘i. or \Vl’lel‘lifﬁ't'l‘ 2:113" drainage work is carried Out under section 44 all clams for compensation on account oi any 10

{Tfl T $srflma (Nil-{!t, ;r6r.r|K 18, tttu tor : cons€Quent on the removal or modification of the saicl obstnrction or the eonstruction of such rvork may be made beforc the Collector

. asd he shall deai wi Lh the sarne in the manner prwid,:d in section 10. 49. Iimit'otion ol such claims.-No such claim shall be enter.

tained af ter the expira tion of one year f rom the occurrence of the loss complaincd of unless the CollecLor is satisfied that the claimant had sufficient cause for not making the claim withln such Ferlod.

PART VII AI obtoening Labun far lrngatto+r, and, Drawwge wa7rlcs 50. Power to -presnibe number of babourers ta be supplted'bUpffilonf benefitted by irngattun uorlcs.-(l) In any district-iL whicf,

en irrigation or dlainage work is constnrcted, maintained or Dro*ec- teA'Fy the State Government, the $tate Government ffioy, if it-thfnks fft, dir'ect the Collector- ,, i

_ (a) tg ascertain the proprietors, sub-proprietors or furmeffi, whose villages or estates are or witl b",- in the iudgerneni of the Collector, benefitted'by such irrigation or drginaqE *"tt, ond

(b) to set down in a list, hgr1*g clue regard to the eir- eumstanees of the distr{ct and of the- several }roprietors, suU- proPrietgls, -or farmers, th€ number of labouieri which'shallbe furnished

-bV qlv of the said persons, jointly or severa1y,from 3ny such_ village or estate, for employmetit oR "rty *fi

irrtgation -or drainage work when re{uiiea as hereinaffiprovided .' - (Zl The Collector hay, from time to Hme, add to or altersuc,b list or any part therof.

. 61. PraeeduTe for abtaining We! !* yorlcs urgentlg requlradd-(l) _ \4rtrenever ll appears to b Divisional Irrigafron "OenE" A"fVauthorised by the State Gorrernment that unless sorre work, t;-hmidiately 6xe-cuted, such serious damage will happen to anylnlglttg" or drainage work as to eause -sudden r11[- extengtv;

publfc.hryrt, qad'that the labour nec€ssary for tbe proper execuilen thEre"

of Cglrnot be obtained in the ordinary manner wtthin the tt*" -erlt .cgp be allow€d for the execution df such w*t so as to prernent suchtnjuly, . .

the said offieer may require any person named in sueh list to fu4iS$ ' as Sany - -tqUcuru..^ (rrot t*i**rllrtg tiie number whlchaccording to the Said list. he is liable to supply:) as to the saia oiftcer " seem neeessary for the immediate e:,:ecution -6f any. work. , . . (2) Every requisition so made shall be in writing and dhallstate-

(a) the nature and lc+,city of the work to be done. (b),the qymber oI labourers to be supplied by the pason

. upon ryhom the re{uisltion is mqde, fid - -

am e (a) (WWW (ta—ea, KW ‘28, rue am ;:consequen't on the removal or modiﬁcation of the said obstruction ' or the construction of such work may be made before the Collector : ﬁnd he shall deal with the same in the manner provided in section 10. 49. Limitation of such claims.——-—No such claim shall be enter- tained after the expiration of one year from the occurrence of the ’ loss complained of unless the Collector is satisﬁed that the claimant shad sufﬁcient cause for not making the claim within such period. PART VII Of obtaining Labour for Irrigation and Draimage works 50. Power to prescribe number of Labourers to be supplied‘by persons beneﬁted by irrigation works.—-(1) In any district in which an irrigation or drainage work is constructed, maintained or prgﬁ‘eCc bed ’by the State Government, the State Government may, if it thinks ﬂt, direct the Collector-— ., a (a) to ascertain the proprietors, sub-preprietors or farmers, whose’villages or estates are or will be, in the judgement of the Collector, beneﬁtted'by such irrigation or drainage work. and (b) to set down in a list, having due regard to the cir- cumstances of. the district and of the several proprietors, sub- proprietors, or farmers, the number of labourers which shall be furnished by any of the said persons, jointly or severally, from any such village or estate, for employment on any Such irrigation‘or drainage work When required as hereinafter provided. (2) The Collector may, from time to time, add to or alter . such list or any part thereof. - 4 .51. Procedure for obtaining labour for works urgently required;— (1) Whenever it a pears to a Divisional Irrigation Ofﬁcer duly authorised by the ate Government that unless some work; is immediately executed, such serious damage will ha 11 to any , irrigation or drainage work as to cause sudden an extensive " i‘publfé injury, . andfthat the labour necessary for the proper execution there- of cannot‘be obtained in the ordinary manner within the time that ,f, can be‘allowed for the execution of such work so as to prevent such __the said ofﬁcer may require any person named in such list to fumr'ni‘sh ‘as many labourers ‘(not exceeding the number which ‘accdrding'to the said list he is liable to supply) as to the said oiﬁcer L seem necessary for the immediate_,e3recution of any work. ._ (2) Every requisition so made shall be in writing and shall state-:- ' (a) the nature and lcclity of the work to be done. (b) the number of labourers to be supplied by the person \ upon whom the reQui’sition is‘ made, and ‘ _..,-.,...Mw..~.e_ -. _ .i...ia'..u.,....-“-‘ “ " “ "

qbd (IGt€rTn {Tsf'{-flr iletEit( R,V, t8-t8 rm ts (t)

' the (c) the approximate tiine ior which artd the day on which Iabanrers- will be required'

sent to the SuPerinhending the State Government.

PART VIII Of Jurtsdiction

and a copy thereof shall be imnreli]aieiy ioi*"ti"ti "Ofii."r for the information of

(3) The state GovEitirrieiri shail flx; and may from.time to time alter the iates to be paiq tq any such laboureri; provided that such rates ;h;t exceecl lf" nighesf rates for the time being pai$ in the neighboi.rrhooo for simj.lar"work; _and.in ihe case of every such labourer, the paymont sha[ continue for' rhe whgle period during which he is, in consequu"." of ihe provisions of this part prevented iio* following his oidinary occupation'

(4) The state Goverrrnr.ent may ,direct, that t\g provisions ot this pd# shall apply, either permanentty 9.r tg*porarily (as the case may be), to any district oi part of ; district-for the purpose of effecting necessary annual silt clearances' or to preveLlt the proper operation ot-a* iriig*tion oi drainage work being stopped or so much interfered with as to stop the established course of irrigation or draitrage.,

52. Jurtsd.ictisn under tltts Act of ctull, herein otherwise provided, all claims -agaigst in respect of anyfhing done undcr this Act Civil bourts; bui, no such court shall in any to the supply of wa'lcr to ally crop sowrl or of such order.

Ciurts.-Except where the State Government may be tried bY the case pass an order as growing at the time

b3. Settl"emen,t of ref erence os to mtttwal, rights and l,iabikttet'; oS per:ions interested, in watet course.-(l) Whenever a dS":*:vt yvt av,ev arises belween two oi' more persons in regard. to their mutual rigbg or fi*Uilities in respect of the use, construction or mainten?"c-:. -J a water .o.r.u", any such person rnay appiy il writing to the qltr , d-r{il] Jio"if lrriga[ion Ofhcer staiing the m-atter in dispute; and Fugh oflc itt"ii1t

"r|,.,pun give notice tJ the other. persons ,interested thatl oX

a"V to be nameri in such nolice, he wilt lrro.ceed to- gl-euTe into saiA matter, ancl, after such enquiry, he shall pass his:bnd'er the: unlem hc trans f crs (as he is Licr,:by elllpowei'ed to do) tftu ma to the Collcctor who shall tirercul:on cnquire into and pass his ol on the said matter.

- 54. Por.i:er to slLltrrn,on and exomine r.uitness.-Any offflcer po'uverecl uncler this 4.t lq condttct any .inquiry may .e1erci19 iuch powcrs connected with the stimmtining- anq elaminllg- oi nesses. as are confenred on CiviI_-C.o*tF by thu .Cq**. ?f Civil H dure, rina every such enqulry shall be deemed a iudieial

Q‘oc (WW' (is-w, Ham 2‘6. 2am urn '3 (it) ' '9: (c) the approximate time for which and the day on which the labourers will be required. and a copy thereof shall be immediately sent to the Superin’tending Irrigation Ofﬁcer for the information of the State Government. (3) The State “Government shall ﬁx, and'may from time ‘ to , 7 time alter the rates to be paid to any such labourers; provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood for similar work; and in the case of every such labourer, the payment shall continue for the whole period during which he is, in consequence of. the provisions of this part prevented from following his ordinary occupation. (4) The State Government may direct that the provisions of this part shall apply, either permanently or temporarily (as the case ’ may be), to any district or part of a district for thelpurpose of ' effecting necessary annual silt clearances, or to prevent the proper operation of an irrigation or drainage work being stopped or so much i interfered with as to stop the established course of irrigation or _'- drainage; ' . PART VIII ' Of Jurisdiction 52. Jurisdiction under this Act of Civil Ciurts.——Except where herein otherwise provided, all claims against the State Government; in respect of anything done under this Act may he tried by the; Civil Courts; but no such court shall in any case pass an order as? to the supply of water to any crop sown or growing at the time? of such order. ._ 53. Settlement of reference as to mutual rights and liabilities, of persons interested in water course.——-—(1) Whenever a difference arises between two or more persons in regard to their mutual rights-j or liabilities in respect of the use, construction or maintenance 0? a water course, any such person may apply in writing to the DiVi“ sional Irrigation Ofﬁcer stating the matter in dispute; and such'oﬂcf shall thereupon give notice to the other persons interested that, on ' day to be named in such notice, he will proceed to enquire into ”- said matter, and, after such enquiry, he shall pass hisL'T’order theI‘BO‘ unless he transfers (as he is hereby empowered to do) the mat to the Collector who shall thereupon enquire into and pass his otd on the said matter. " (2) Such order shall be ﬁnal as to the use or distribution water for any crOp sown or growing at the time when such 0rd. "is made and shall thereafter remain in force until set aside by. decree of Civil Court. » i l ‘ 54. Power to smm’non and examine witnessmAnv ofﬁcer : powered under this Act to conduct any inquiry may wexercis such powers connected with the summoning and examining of. nesses. as are conferred on Civil Courts by the Code of Civil ’ : dure, and every such enquiry shall be deemed a judicial proce '

fin v (s) n€ffqTe iTqs{t Rv, qerg Q,et

PART IX

Of offe?lcer:i and Panalties 55. OfJe n c es under

and voluntarily does anY ol -Whoe\zer, withorrt pr"oper authority

Ircts followinq. thltl is to sitv- or obst ru.,:i:; itnv irrigation

dimitri.:;ito's thc :iupply of thror-rgh, ol'el' ()r' under, any

canal so as to render ordinarily used;

( 1) damages, altcr or drainage rvork;

(2) interferes rvith, increaso or rvater in. or the flclr..' , i' \\'41 er f rotn. irrigation or drainelle r','orl<;

(3) interfcrcs u'i1,ir ril ali.ct's the {lo',v r--f rvutcr in any ri'u'er 'or streetn, So t'i 1o (,tti1;tn.{cf, damage or rctidcr less r$efUl any irrigation or drainage rvork;

(4) being resr)onsible for ihe maintenance of a water course or using a \\':tcr collrsc, neglccts to takc proper pre- eautions for the prcl'r'ntjon c'f r,vaste of thc watcr thereof or interferes with the aul.iror ised ciistribution oI tire water there- from. or lrses such rvater in an unauthorised manns;

(5) eorrupts or for"rls thc rvater of it less fit f,:r the purtioscs for rr.'hieh

any it is

(6) being liable to fttrnish lir: c'-lrers r.rnd er Part VII this Act, fails rvithout t'easonrble cause to sr,t t)ply or assist supplying the labourers required of him;

(7) destroys or m'-)\,'cs an''.' leyel mark or lvater gauge fixed by the authority of ir lrlrbiic scrvant;

(B) passes, o," callscs animals or.,'ehicles to pffis, on acros"s any of thc rvcr'l<s, l--anks or channe.ls of an irrigation drainage rvork cc'rrtrar'.v to ri-iles hrade trnder this Act, after has beerr desired to desist therelronr.

(9) violates an-v rule r-,rade under this Act for breaeh whereof a penaltl' !']r.,i.ii bc in.:un'ed;

shall be liable, on convictir,:r beior c a i',Tagistra1.c cf the Second Class, to a fine not exceeding fifi;' nrpees, or to inipli:sonr-nent not exceed- ing one mcnth, or to both.

56. Sauing

of in

or or he

contained shall any other law that no persorl

oJ prosecl-Ltion under oiher fs'u"*s.-ItTothing hereln prevent any person from b eing prosecuted under

for any offeirce pr"rnishable und,er this Act; provided shail be punished t'uvice for the same offenCe.

57. Conzp_ensation to perscn iniured.-Whenever arly person b fin€d for an offence under this Act the I{agistrate may d.i-feet that the whole or any part of such fin.e irlay be paid by u'ay of compen sation to the person injurecl by spch cffence

t 58. Power t,o,ai"t'est wlthout'tj)s,rrant.--Any persen in charge

of, or employed upon, ao;; ir;-,;iri;ion or drainage work rnay remove from the lands or buildings beionging thereto, or may take into eus- tody and take forthwith before a Magistrate or to the nearest Police

7m ‘5 (as) nature was, mm W. rue Res .1: q PART IX Of offences and panalties 55. Offences under Act. Whoever,_without proper authority and voluntarily does any of the acts t<.>llowmg, that is to say—— (1) damages, alters, enlarges or obstructs any irrigation or drainage work; (2) interferes with, increase or diminishes the supply of water in, Or the ﬂow a i' water from, through, over or under, any irrigation or drainage work; (3) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any irrigation or drainage work; (4) being responsible for the maintenance of a water course or using a water course, neglects to take proper preo cautions for the prevmtim of waste of the water thereof or interferes with the eluthcuised distribution ol‘ the water there- from. or uses such water in an unauthorised. manner; (5) corrupts or fouls the water of any canal so as to render it less ﬁt for the purposes for which it is ordinarily used; (6) being liable to furnish lElTOLlI‘CI‘S under Part VII of this Act, fails without reasonable cause to supply or assist in supplying the labourers required of him; (7) destroys or moves any level mark or water gauge ﬁxed by the authority of. a public servant; (8) passes, or causes animals or vehicles to pass, on or across any of the works, hanks or channels of an irrigation or drainage work contrary to rules 'made under this Act, after he has been desired to desist therefrom (9) violates any rule made under this Act for breach whereof a penalty may be incurred; shall be liable, on convictien before a l‘rl’lagistrate oi the Second Class, to a fine not xceeding ﬁfty rupees, or to 'mprisonment not exceed- ing one month, or to both. , 56. Saving of prosecution under other laws.~l\lothing herein contained shall prevent any person from'being prosecuted under any other law for any offence punishable under this Act; provided that no person shall be punished twice for the same offence. 57. Compensation to person injured—Whenever any person is ﬁned for an offence under this Act the Magistrate may direct that: the. whole or any part of such ﬁne may be paid by way of compend sation to the person injured by simh c 'ence. AJ-JL‘IAAL UL)- 58. Power to, arrest without war'r'ant;~~Any person in charge of, or employed upon, any irrigation or drainage work may remove from the lands or buildings belonging thereto, or may take into-cus- tody and take forthwith before a Magistrate or to the nearest Police ,Am,‘ , “5V 7‘ y _ .muww. .,M...,«. ,, - E i i r i l

{Nrwm (|qr{rf, netI6r(,RB, lrtg TTIrr u,,"(!F)

p.tatign, to be dealt wlth^ lccoqd-pg to law, any person who withinhls view, commits any of the folloiving "tr"o"i,-

- (1) wilfully damages or obstructs any irrigation ordrainage work; (?)" y1t^hout proper authority interferes with, the supply,, offlow of water in or- from any irrigation ; a;;i";A; work erin any river or strearn, so uJ t",,"idanger, a*rtog8 or retrdrcrt'less useful any irrigation or drainage ivork. e

59. De.finition -aJ "irrtgcticn ilork".-In this part the expres-slon "irrigation q/ork"' (unle"ss thene be something ;dg";nt in thesublect or context) be deemed to includ.e also all"lanbr-oc..,pi"d btthe State Government for th; pnrporu of iirigation works, and a1buildings, machin€rY, fences, gales^ and other Erections, trees, crops,plantations

,or othei produ.", Eccupied uy, or [eronginj io- tt * StateGovenament, upcrl stich land-s. I

PART X Of Sub xdtory Rules

60. Pouser to make ru-les.-(l) The State Gover:rment ilay,from tim€ to tinre, make rules to'regulate the toflo*i"g tatters:- (a) lhe proctedlngs of any officer who, und,er any provisionof this Aet, is reguired m empowered to take actioi in

"oymatter; . (b) the casee i"- ylrich, and the officers to whom, and qan-ditions subject to which, orders and decisions given

""a& ""yprovision of this Act, and not expressly provide? for as regaodiappeal, shall be appealable; . (c) .tl-. persons by wh9m, the time. place or manner ator in wfigh ?"f\i"s -for the doing oi turii.r, pr&irio" madein this A.ct, shatt be-done; (d) the amount of any charge made under this Act; (e) and generally to carry out tbe provisions of this .&ct,

. . (?. Such rules shall. be - published in the Rajasthan Gazette,and shall thereupon have the f6rce of law.

PRABI{U DAYAI., LOIWAL, Secr&arg t0 thb Gouemma&

Rto

Station, to be dealt With according to law, any person who within his View, commits any of the following offences,— (1) wilfully damages or obstructs any irrigation or drainage work; ‘ (2) without proper authority interferes withthe supplyi'of flow of water in or from any irrigation or drainage work or in any river or stream, so as tor-endanger, damage or rehdler less useful any irrigation or drainage work. 59.' Deﬁnition of “iﬂ‘i-gatton sion “irrigation work” subject or context) be work”.—In this part the expres- (unless there be something repugnant in the deemed to include also all lands occupied by the State Government for the purpose of irrigation works, and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce, occupied by, or belonging to the State Government, upon such lands. PART X. Of Subsidiary Rules 60. Power to make rules—(1) The State Government may, from time to time, make rules to regulate the following matters:— (a) the proceedings of any ofﬁcer who, under any provision of this Act, is required or empowered to take action in any matter; (b) the cases in which, and the oﬁicers to whom, and con-‘ ditions subject to which, orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable' (d) the amount of any charge made under this Act; (e) and generally to carry out the provisions of this Act. (2)... Such rules shall be published in the Rajasthan Gazette. “and shall thereupon have the force of law. If} PRABHU DAYAL LOIWAL, Secretary to the Government.