Manipur act 003 of 1978 : The Manipur Irrigation Act, 1978

Date: 15 Mar 1978

Department

Irrigation and Flood Control (IFCD) Department

PDF

To access the original judgment, please Sign In or Subscribe.

3/13 )3 ,. -- m."

.1 522/19?

=2.97/2'2/1'33LS' V ;

MNO: 9V0F 197/3

THE MANIPUR IRRIGATION BILL, 1977

(As passed by the Legislative Assembly, Manipur on 2540-77) A1»

4015

To make the law relating to irrigation; and (fraiua'ge and levy of water rates and betterment contribution and matters connected therewith, Be it enacted by the Legislature of Manipur in the twenty eight year of the Republic of India as"f011'<')WS:

CHAPTER r

1. (1) This Act may be called the Manipur Irrigation Act, 1977.

(2) It extends to the whole of Manipur State.

(3) It shall 'come into forCe on such date {is the szi'te Govéfﬁl ment! may, by notiﬁcation in .Oﬁicial Gazette, appoint and different dates;may be appointed for different areas of the State.

2. In this Act, unless the context otherwise requires :

(a) "betterment contribution" means contribution levied under Chapter VI of this Act ; -

(b) "betterment levy oﬂicer" means such oﬂi'cer as the State Government may appoint to be the betterment lev'y ofﬁcer in reSpcet of any area of the Irrigainn Work, 61' pertion of an irrigation work:

(c) "canal oﬂicer'? means an ofﬁcer exercising co'ntlrpl' over a subdivision of an irrigatjen work or portion ofanirrigation work appointed by the State Government;

(d) "canal revenue" includes water rate, betterment contribution, water csssr crop c533, licence fee for ﬁshing", navigation, sale of grass, trees and other produce from the» land belonging to Irrigation work, proceeds from lease of land belonging to irrigation work and from water mills;

(e) "colledor" means the head revenue ofﬁcer of adistrict and includes a Deputy Commissioner or other ofﬁcers appointed under this Act to exercise all or any of the powers of a Colledor; ,

(f) '.'culturable com mended area" means all lands Which are ﬁt ' for cultivation under irrigable command of an irngation work; Short title,'

extent and

commence-

mom.

Deﬁnitions.

ngnL'

(g) (h) (i)

"divisional canal ofﬁcer" means an oﬁ'icer exercising control over a division of an irrigation work or portion of the 1mga- tion work appointed by the State by notiﬁcation in the Gazette;

"drainaoe work" includes—w

(i) channels, either natural or artiﬁcial, for the discharge of waste or surplus water, and all works connected With or auxiliary to such channels;

(ii) escape channels from an irrigation work dams weirs. embankments, ﬂood embankments, sluices, groynes and other works connected therewith, but does not include works for the removal of sewage;

(iii) any work in connection with a system of reclamation ; made or improved by State Government for the purpose of drainage of an area; and

(iv). all ﬁeld drains;

"ﬁeld channel" means a channel constructed by owners or occupiers 017 constructed by the State Government on their behalf and at their cost to serye the various ﬁelds within a block of 40 hectares or as may be prescribed and main- tained by such owners or occupiers and includes existing water courses constructed or maintained by the OWners or occupiers ;

Explanationze-Existing means existing at the time of the coming into (1')

(k)

(1)

force. of this Act.

"ﬁeld drains" include drains, escape channels and other similar works constructed & maintained by the owners or OCCupiers by the State Government on behalf and at the cost of the owners or occupiers;

"ﬂood embankment" means any embankment constructed or maintained by the State Government in connection with any system of irrigation or reclamation works for the protection of lands from inundation or which may be declared by the State Government to be maintained in connection With any such system, and includes all groynes, Spurs, dams and other pro— tective works connected with such embankment;

"irrigation work" includes :—

(i) all reservoirs, tanks, dams, weirs, canals barrages, channels, domestic water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices, pumping installation constructed, maintained or controlled by the State Govern- ment for the supply or stbrage or water;

(ii; all works, embankments, structures, control structures including outlets, supply and escape channels connected with such reservoirs, tanks, dams, weirs, canals, barrage:

channels, domestic water SUpply works, pipes, ponds, spring ponds, Spring channels aqueducts, sluices, pumping installations, and all roads constructed for facilitating

' (m) (n)

(0)

(P)

((1)

(r) the construction or maintenanceof such reservoirs,t anks,

dams, weirs, canals, barrages, channels, domestic wa ter

supply works, pipes ponds, spring ponds, spring chan-

nels, aqueducts, sluices and pumping installatio ns ; -

(iii) all drainage works, ﬂood embankments, wel ls, water

courSes, and ﬁeld channels;

(iv) any part of a river, stream, lake or natural collecti on

of water or natural drainage channels and ground waters to which the State Government has applied the provi- sions of Chapter 1] of this Act; and

(v) all lands held by the State GoVemment for the purpose,

of such reservoirs, tanks, weirs, canals, barrages, chan-

nels, domestic water supply works, pipes, ponds, sp ring

channels, aqueducts, sluices, pumping installation s and all

buildings, machinery, fences, gates and other erec tion upon

such lands.

"lands under irrigable command" means such l ands as are

irrigated or capable of being irrigated by th e ﬂow 0:1

lift from an irrigation work being under it s command and

shall include also such cultivated land which rec eive in the

opinion of the Divisional Canal Ofﬁcer, by percolation or

otherwise from an irrigation Work or by indirect ﬂow , perco-

lation or drainage from or through adjoining land, an adv antage

beneﬁcial to the crop ;

"notiﬁcation" means a notiﬁcation publishe d in the oﬁicial

Gazette ;

"Occupier" includes and occupierv of lan d or property who

cultivates or possesses the same for the ti me bemg;

"on—farm development" includes any of the fo llowing works—

(i) land—levelling and land-shaping, including r ealignment of

ﬁeld boundaries ;

(ii) providing of falls, culverts and farm roads in the ﬁelds;

(iii) land reclamation by use of engine ering, biological and '

chemical measures, inclﬁding :eaChing;

(iv) contour bunding and nala bunding;

(v) such other works as may be nece ssary or incidental to

development of land or ground or ﬂow w ater potential

and for optimising the utilisation of land and water

resources ; '

"outlet" includes an opening, constructed by the State Govern-

ment in an irrigation work through which water is delivered

into a water course or ﬁeld channel or di rectly on to any

land ;

"owner" includes every pesron having int erest in ownership

of land or property and all rights and obligations which

nle appli- (2:501: of rat; top 'I Lb w t o éiééqﬁ' , K. i;at'taéli joyp'tl'y' é; ;

e" SEE ﬁfOVfoé'ﬂS' of this Act Shall to every persmr haﬁng such joint

. 3 '1 xiifﬁt'érest hr the ownership ;(s) "prescribed" means prescribed by rules made under this Act; t ".~,ewa e cﬂluent" means eﬂluent from an. sewaoe system or

g .

.Y o . sewage diSposal works and includes sullage from open drains; (tt) f'state government" means the Government of State of Manipur ;'

(u) "superintendihg cahal oﬂicer" means an ofﬁcer exercising general control over an irrigation Work or portion of an i'rn'gatidn Work; '

_^(v)f'tzrade'eﬁllient" ,i'nelu'des any liquid, gaseous or solid subs- tance Which; is disicharged from premises used for carrying 011 any trade or industry, other than domestic sewage;

(w) "water course'T means the lengthof a channel" between an unz' oytret a'iili a' ﬁeld chaﬁn'el built at the cost of the State Goyern- meat, and: maintafiietlf y the owners or occupiers: to carry waiterfgg'rh an outl'e't' to any block of lahd or is may be pm's'éﬁheﬂ';

(if) "water rate" means water rate levied under Chapter V of this" Aét :-

(y) "well", means a well sunk for search or extraction'ofground v'v'atér and includes an open well, dug, Well bored well," dug~ cum-bored well, tuheWell and ﬁlter point; .

(z) "vessbl" includes boat's, rafts, timber and other ﬂoating bodies. CONSTRUCIIQN AND; MéIgIENANCB 0FIRRIGATION WORKS 3. (1) Whenever it appears expedient to the State Government that the water of any river (including its tributaries) or stream

. .

5 .

_ (2) As soon-as practicable after the issue o f a notiﬁcationunder

"sub-section (1), the-ijivisional Canal Ofﬁcer or any oﬁicer duly

empoWer'ed under this Act shall cause public n otice to be given at

gonvenient placessuch as stating that' the S tate Government intends

,to apply or use thewater referred to_ in t hat sub-section.

_ -(3) _,The application .or use of the said water or application or

ust'of water of any'jrrigation work under the ma nagement or control

of the State Government shall he regulated acc ording to the provisions

,of this Act.

(4) Where the State Government is of' the opinion tha t in the

interest of proper irrigation from any irrigation w ork constructed or

proposed to be constructed it is necessary to control the con struction of

wells for any purpose other than exclusively domes tic use, either on

personal or community basis, in any area or areas the State Govern-

ment may by notiﬁcation specify. such area or ar eas, and thereupon

no person shall within such area or areas,

construct any such well

§Xcept- with the previous sanction of the State Government o r other

'anthority authorised by the State Government in this beha lf, and subject

to such cenditions as the State Government or such au thority may

in] pose.

(5) Where the State Government is of the opinion that in the inte-

rest of proper irrigation from any irrigation work const ructed or proposed

to be constructed it is necessary to regulate the operation of the existing

wells for any purpose other than exclusively domestic use, either on

personal or community basis, in any area c-r areas the State G overn-

ment may by notiﬁcation specify such area or areas and i mpose

such conditions as ' it may deem ﬁt with regard to extractio n of water

therefrom. 'l'hereupon no person shall within such area or areas

extract water from such well except according to conditions whi ch

the. State Government may irrpose.

(6) When the State Government is of the opinion that in the interest of proper irrigation, a block or land under any exisﬁng or

ptoposed irrigation work is to be transferred to another propo sed or

existing Work or completely excluded from any existing work , the State

ry'oyernment may by notiﬁcation specify .such areas and Suc h works

to take eﬁ'ect from a date speciﬁed in the notiﬁcation, not b eing earlier

than six months from the date thereof. -

. (7) When the State Government is of the opinion that in the

interest of proper utilisation of available water resources, it is necessary to subject a block ot'land for temporary submersion wit hout damage

to crops, the State Government may by notiﬁcation specif y such

areas and period of such submersion on a date speciﬁed in the

notiﬁcation, hot' being earlier than six months from the date ther eof.

; 4. .At any time after the day named in the notiﬁcation under splagechonﬂ) of section 3,; any Canal Oﬁicer duly empowered in this.

behalf may enter on any land, remOVe any construction, close an y

Powers of

entry on

land etc.

Enquiry or examination. Inspection & regulation of use of water. Power to

prevent

accident. use of the said water and for such purpose may take with him, or depute or employ such subordination and other persons as he thinks ﬁt.5. Whenever it shall be necessary to make an enquiry or exami- nation in connection with a projected irrigation Work or its construction

or with the maintenance of an existing irrigation work or with the

application or use of the water of any irrigation Work for the

purpose of regulation, supply or storage 01' water, auy canal otﬁoe'r

duly empowered in this behalf :nay—~

(b) undertake surveys or take levels thereon; (c) dig and bore into the s/ub-soil; (d) where otherwise such inquiry cannot be completed, cut down and clear away any standing crop, fence or jungle;

the Land Acquisition Act, l394 (Act 7 of l894) to the effect

that land in that locality is likely to be needed for a public

purpose; and

(f; set up and maintain gauge discharge of all measurement

stations and do all other things necessary for purposes of

such inquiry andoexamination,

6. Any Canal Ofﬁcer duly empowered in this behalf may enter upon any land, building, water coune or ﬁeld channel on account of hich any water rate is chargeable {or the, purpose of inspecting or irrigated thereby or chargeable with a canal revenue and doing all things necessary for the proper regulation and management of the irrigation

Works from Which such water is supplied.

7. (1) In case of any accident being apprehended or happening to an irrigation work, any canal oﬂicer empowered in this behalf may enter upon of into any immovable property in the neighbourhood of such irrigation work or such other immovable property as may may be necessary for the purpose of preventing such accident of repairing any damage done. '

' (2) In determining compensation for taking trees and other mate~ rials and princ.ples laid down in section 60 shall. be followed,8. Where any irrigation work is being damaged ordamage ta any ir:igation work is apprehenced due to ﬂoods, any Canal Ofﬁcer

duly empowered in this 'behalt' may, in the interest of the safety of

the irrigation work_regulate the ﬂoods by operating gates or fgated.

waste weir on the irrigation work or lregulate the Canalas the case"

may be.

' '

9. Where a Canal Ofﬁcer proposes under the provision of sections 5, 6, or 7 to enter into 'any building of enclosed court or garden attached 'to a dwelling house. not supplied with water from an irrigation work, and not adjacent to a ﬂood embankment, he ehall give to the occupier of such building, court or garden such reason- able prior notice as the urgenCy of the case will allow. , 10. Canal Crossings:

(1) There shall be provided at the cost of the State Govern- ment suitable means of crossing canals constructed or maintained .at the cost of the State Government at such places as the State Govt. thinks necessary for the reasonable convenience of the inhabitants , of the adjacent lands.

, (2) No suit shall lie in a Civil court against the State Government to enforce the construction of a crossing of a Canal, or to enforce the alterating of a crossing or for compensation for damage arising afrom the absence or inadequacy of any crossing, or to be modiﬁed or set aside any scheme frame or ordered passed under this section. Explanation z—Suitable means of crossing Canals include means

"for the passage of trafﬁc and of- water.

11. If the State Government is satisﬁed that any land for the construction of an irrigation work, excluding water courses, ﬁeld channels and ﬁeld drains or for the maintenance, improvement or extension of an existing irrigation Work excluding 'water courses, ﬁeld - channels and ﬁeld drains, is needed, the State Govt. may acquire the land by following the provisions of the land acquisition Act, 1894 (Act 1 of l894) except to_ the extent speciﬁcally stated to the contraryrin this chapter.

12. (1) Notwithstanding anything to the Contrary in the Land .Acquisition Act,' 1894 (Act 1 of 1894) the Collector may after holding .such enquiry 'as the deems necessary make an estimate of the amount of compensation payablein respect of the land, needed for- purposes speciﬁed in section 11 of this Act, for which declaration under section 6 of the aforesaid Act has been made, including compensation for the standing crops, trees and structures, if any, on such land and ~. for any phySicaI damage caused to them, within three months of the declaration. »

(2) The Collector may take possession of the land after tendering ' the estimated amount of compensation, as stated in subclauseﬂ), to the person having an interest in the land and the land shall there- .vnpon vestabsomtely in the State Government free from all encumbrances.

(3) If any person having an interest in the land acquired by ,.the State Government does not agree with the estimated amount of 'eompensation, he may require that the matter be referred by the

Collector for determination by the court in accordance With section 18 of the Land Acquisition Act, 1894 (Act I of 1894). ,(4) In all! other matters. relating to compensation including ;,principles for determining compensation, the provisionof the Land ,Acquisition Act, 1894 (Act Iof 1894) shall be applicable. Notice to

enter land

or garden.

Provision

for Canal

crossings.

Acquisition

of Land.

Pro.edure

for acqui-

sition of

land.

Draft sche- mes for-wateh courses & ﬁeld chan- nels.

Publiegtion of' 'draft scheme &

objections thereof.

, CHAPTER III _

WATER COURSES AND FIELD CHANNELS

13. (1 ) Notwithstanding anything contained to the contrary in thisiAct and subject to the rules prescribed by the State Government in thisbehalf, the Divisional Canal Oﬂicer may on his own motion or onthe application 'of an owner or occupier, .'prepare a draft scheme-to provide for all or any of the matters, namely:

(a) the construction, alteration, extension and realignin'ént"of any water course, or existing water course construeted.or maintained by the owners or oeenpiers; ' (b) reallotment of areas served by one water course "to!another ;

(d) the occupation of land for the deposit of soil fromwater course clearance ; .

(c) any other matter Which is necessary for the proper main-tenance and distribution of Supply of water fremalwatet"Course.

(2) Every scheme prepared under sub-section (1) shall amongstother matters, set out the estimated cost thereof, the realignmentof any water course or existing water course, as the case may bethe site of the outlet, the particulars of the owners or occupiers to be beneﬁtted and other persons who may be aﬁ'ected therebyand a sketch plan of the area proposed to be- covered by thescheme.

14. (1) Every scheme shall, as soon as may be after its prepara—tion, be published in such form and manner as may be prescribedinviting objections and suggestions with respect thereof Within twenty one days of the publication,

(2) After consideration of such objections and suggestions, if any,the Divisional Canal Oﬂicer shall approve the scheme either as 'itwas orignally published or in such modiﬁed form as he may consider ﬁt and publish the same.

(3) The Superintending Canal Olﬁcer may, on his own motionat any time, on ah application by any person aggrieved by the .approved scheme made within a period of thirty days from the dateof publication of the particulars of the scheme under subsection (52),revise the scheme approved by the Divisional Canal Oﬂ'iCer. Provided that such revision shall hot be made Without affOrdinﬁg'the persons affected an apportunity of being heard. ,

(4) As owner or occupier aggrieved by the order of the Divisiona}Canal Oﬂicer in respect of a scheme which has not been approvedmay prefer as scheme, within thirty days of the paSSing of the-order, to the Superintending Canal Ofﬁcer whose decision shall be ﬁnal.

(1) "After [a scheme has been approved by the Divisional" Canal lOﬁicet, or where an appeal is pending before the Superin- ' tending Canal ()ﬂicer after it has been disposed of by him, the Divisional Canal Ofﬁcer shall acquire the land by agreement v with the'owners thereof, or the Divisional Canal Ofﬁcer shall publish in the manner prescribed anotice ol~ his intention to ,_ acquire the land required for implementation of the scheme. ' (2) ' Any person interested may, within ﬁfteen days. from the date ' of publication of thenotice thereof apply to the Divisional Canal Oﬂicer by petition stating his objection to the proposed acquisition. ' ' -

(3) After consideringthe objections, the Divisional Canal Ofﬁcer ' ' may make an order for acquisition of the land. '

. (4) '5.er ﬁfteen days of the order made'under sub-section 3, the ' ' ' Divisional Canal Oﬁicer may take possession of the land, and

"the said shall vest absolutely in the State Government free from all encumbrances. '

(5) The Divisional Canal Ofﬁcer shall make an award of compen- ' sation, including compensation for standing CrOfS, trees and structures, it; any, onsuchland and for any physical damage 'caused to them within six months of the making of the ordcr under sub-section_(3). - '

(6) In determining the amount of Compensation of the Divi- sional Canal Ofﬁcer shall ,gtve reasonable opportunity of being _ heard to the person having interest in the land ' .. .(7).. The amount of' the compensation shall be the marketvalue- at the time of publication of the notice under sub-section (l)which shall be ﬁxed in. Comparision with the prevailing market value of similar lands'in the neighbourhood.

(8) The amount of the compensation shall be paid within thirty days of the award by the Divisional Canal Ofﬁcer.

(9) A person aggrieved by the order of the Divisional Canal Ofﬁcer in respect of compensation may prepare an appeal within .thjny, days of the' passing of the order to the Supe'ﬁn- tending Canal Ofﬁcer Who shall decide the same, and no further appeal shall lie from such a decisions. '

16. (l) The Diyisional Canal Qtﬁcer shall,_afte;,;g§tting the occu- pation: of the landuttnde-r Su-b-section'(4) of'section1'1'15f"take steps to implement the scheme at the'e'costg?of'the State Government.

. (2) Ahy watch course constructed under sub—sectioﬁ (1) shall be 311eproper't'y of the State Government. . , - . J -, (3) ,Unles's-~-ordered by the State GoVernmeht "to the. contrary, anyaextension alteration- or realignment of Water co'hrse at the instanceof the owners'or occupiers shall *be done at' the 60st of the ownersor occupiers. v ' i i Implemen -

tation of

scheme.

Maintenance:

of water

courses.

Power to

order cons- truction of bridges, cul- verts &

other works. Restoration & require of damage to water courses

17. On execution of the scheme, the Divisional Canal Ofﬁcershall on requisition in writing, direct the owners or occupiers to takeover any owner of occupier to comply With the direction, he shat!make arrangements for maintenance of the water .course at' the costof such owners or occupiers in proportion to the culturable com-manded area under the scheme held by them.

18. (l) The Divisional Canal Otﬁeer may issue an orderto thepersons using any ﬁeld channel to construct suitable bridges, culyertsor other WOIkS as approved by the Divisional Canal Ofﬁcer- fo'rthe passage of the water of such ﬁeld channel across ahy public road,canal or drainage channel in use before the said ﬁeld channel wasmade, or to repair any Such work. '

(2) Such order shatl specify a reasonable period "within vyhichsuch construction or repairs shall be completed.

(3) IF, after the receipt of such order, the persons to whom it is addressed do not within the said period, [construct or repair suchworks to the satisfaction of the said Divisional Canal Olﬁcer he maywith the previous approval of the Superintend'mg Canal Ofﬁcer, himselfconstruct or repair the same, and demand the cost of such eons-truction or repairs.

19. (l) If a person demolishes, alters, enlarges, obstructs or en-croaches upon a water course or ﬁeld or causes any d'xtmage thereto, anyperSOn affected thereby may .apply to the Divisional Canal Oﬂ'tcer for

(2) The Divisional Canal Oﬂicer may, on his own motion, oron receiving an application under sub—section (1), after making such enquiry as he may deem ﬁt, require, by a notice, in writing served on the persons found tl) be responsible for so demolishing, altering, en-larging, obstructing, encroaching or causing damage to. restore, at his own cost, the water course 01- ﬁeld channel to its original conditionwithin such period as may be speciﬁed in the notice. '

(3) If such person'fails. to the satist'actioa oftbe DivisionalCahalOfﬁcer, to restore the water course or ﬁeld channel to its origin»? condition within the period speciﬁed in the-notice-served on him under sub—secti'on (2), the Divisional Canal Ofﬁcer may'cause the water course or ﬁeld channel to be restored to its original condition and recoverthe cost incurred in respect of such: restorationfrom the defaultingperson.

(4) Any p'etrson aggrieved by the order of the Divisional CamiOﬁicer may prefer an appeal, within thirty days-of the passing ofsueh': order, to the Superintending Canal Ofﬁcer, whose decision on suchappeal shall be ﬁnal. ~

20. (1) If any person who is jointly responsible withoythe R):the maintenance of a watet course or ﬁeld channel, or jointlymgiing use of a water course with others, neglects or refuses: to: payhﬁshare of' the maintenanee, or to execute his share, of any work ﬂeece?for such maintenance, the Divisional Canal Otﬁcer, on reeeivihg-'ﬁuﬁ

ll application in writing from any person injured by such neglect or re- fuml, shall serve notice on all the parties concerned that on the cXpimtion of ﬁfteen days from the service he shall investigate the case, and shall, on the expiration of that period, inVestigate the case accor- dingly and make such order thereon as he deems ﬁt. V - (2) Such order shall be appealable to the Superintending Canal Ollicer, whose otder thereon shall be ﬁnal. '

(3) Any sum directly by such order shall be paid within a speciﬁed period.

21; (1) Whenever application is made to a Divisional Canal Ofﬁcer for supply of water'from irrigation work, and it appears to him expedient that such supply should be giVen and that it should be conveyed through some ﬁeld channel, he shall give notice to the per- sons responsible for the maintenance of such ﬁeld channel to show cause, on aday 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 Canal Ofﬁcer shall determine whether and"

.on what conditions the said supply shall be conveyed throngh such ﬁeld channel.

Provided that such application is made for lands already included in the irrigation work. '

(2) Any person, aggrieved'by the determination of the Divisional, Canal Ofﬁcer, may prefer an appeal to the Superintending Canal Ofﬁcer within thirty days of such determination. .

(3) When the DivisionalCanal Ofﬁcer determines that Supply of water of an irrigation Work may be conveyed through any ﬁeld channel as aforesaid, his decision shall, when conﬁrmed or modiﬁed by the Superintending Canal Oﬂicer on appeal, be binding on the applicant and also on the persons responsible for the maintenance of the said ﬁeld channel,

(4) Such applicant shall not be entitled to the said channeluntil he has paid the expense of any alteration of such ﬁeld channel neces- sary in order to his being supplied through it, and' also such share of the cost of such ﬁeld channel as th: Divisional Canal Oﬁ'icer or, as the case may be, Superintending Canal Ofﬁcer may determine. , ('5) Such applicant sha'l'also be liable for his share of the cost maintenance of such ﬁeld channel so long as he uses it. 22- (1) Any P350n desﬁ'ing that a ﬁeld channel

should be trans-

ferred from its present owner to himself may apply in writing to the Canal Oﬂicer, stating—

(a) that he has eudeavaured unsuccessfully to procure such transfer from the ownerbf such ﬁeld channel;

(b) that 'hedesires the said canal oﬁicer, in his behalf and at ' his east, to do all things. necessary for procuring such tra'néfe'r';

for supply of

water and

dispoasal

thereof.

Transfen, of

ﬁeld channel

a condition

themo'f.

Objection to transfer & disposal

thereof.

Intimation of transfer. Disposal of objection and intimation thereof.

Final autho— rity for

disoosal of objections._ Gm

hmubc

pail?

tam

(2) If the Divisional Canal Oﬂ'icer considers—

(a) that thesaid ti-ansfer is necessary for the bettet manage bit of the irrigation from such ﬁeld channel, and

(b) that the statements in the application are true. The Canal Oﬂicer on receipt of such an application, shall call upon the applicant to make such deposit as he considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the pro— visions of section 27 in respect of Such transfer, and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy.of the notice to the Collector of every district through which such ﬁeld channel pasSes. '

23. (1) Within twenty one days _of the publication of anotice under section 22, any person interested in the ﬁeld channel to which the notice refers may apply to the Divisional Canal Ofﬁcer by petition stating his objections to- the transfer for which application has been made.

(2) The Divisional Canal Oﬂicer may either reject the petition or may proceed to enquire into the validity of the objections, givmg previous notice to persons concerned stating the place and time at Which such enquiry will be held.

Provided that such notice shall also be given to the Collector of the district through Whose jurisdiction the ﬁeld channel passes.

"(3) The Divisional Canal Ofﬁcer shall record in writing all orders passed by him under this section and the grounds thereof.

24. If he Such objection 'is made, or where such objection is made and the Divisional Canal Otﬁcer overrules it, he shall intimate the Collector to that effect, and shall transfer the ﬁeld channel from the present owner to the applicant. ' ~

25. IF the Divisional Canal Oﬁicer considers any objection made aS'aforesaid to be valid he shall inform the Collector accordingly.

26. '(1) If the Collector disagrees with the Divisional Canal Ofﬁcer, the matter shall be referred for decision to the Superintending Canal Ofﬁcer. ' '

, (2) The decision of the .Superintending Canal Oﬁicer shall be ﬁnal and the Divisional Canal Ofﬁcer, if he is so directed by such decision. shall subject to the provisions of Section 27, 'cause the transfer of the ﬁeld channel from the present OWner to'the applicant.

27. (1') No such decision 'shall be made by the Divisional Canal Ofﬁcer until the applicant has paid to the person such amount as the Divisional Canal Oﬂicer determines to be paid as compensation L; ﬁeld channel 50 transferred, together with all expenSes incidental to such transfer; '

(2) In determining the compensa tion to he paid under this Zscction, the Divisional Canal Ofﬁcer shall follow the provisions of .Ihc Land~Acquisiti0n Act. 189-4 .(Act

1. of 1:294) but he may, if ithe person to be'compensated so des iree, award such eumpensation M the form of a rent 'charge payable in r espect _of the ﬁeld channel transferred. ' , ' i _

' " . 1

. t3) Anyfperso'ngaggrieved by the order oF_the Divisional Canal Ofﬁcer regarding compensation. may prefer an appeal to the Superin- tending Canal Ofﬁcer Within thirt 'y'days of the order. -'lhe order of the Superintending Canal Oﬁicer on suc h appeal shall be ﬁnal.

. 28. (1) When aﬁeld chartn el'is traneferredv to the applicant, the following rules and conditions shal l be binding on him and his representative in interest, namely:

.. , (:1) All" works neCessa ry for the pass ge t across such ﬁeld 'citannel,

. existing .pl'CVlO'uS to its censurction and o' Ftlte draii age intel-

cepted l'y it, and fat affording proper c onrn'unications"th'Oés

it for the comen'tence of the ne'gl'bo ming vlardx shall be

'I' constricted by the applicant, and b e maintained by him or

~ his» representativc-in-intetest to. the satisfzction o f the Divi-ional

Canal OﬁiCer. v '

7» (b) In case in VthiCh a ﬁeld. channel 'is transferred on the terms

'5' of a rent charge, the applicant o

r his»representative-in-interest

HUM". - 'Ushall so» long as he occupies su ch ﬁeld channel, pay 'rent for

'- the same at. such rate and on such d ays as are determined

by the Divisional Canal Ofﬁcer "hen the applic ant is placed

. in'occupation. ' . ' ' (c) The Divisional Canal Officer may,- on. the application'uf the

person- entitled to' receive such rent or compet-sa tion, deter-

mihe the amount of rent .dhe tlhr assess the amOunt of such

., compensation. " ' "

5 V .'

" Q2)" If any ﬁeld channel transferred und er this A-t is dismsed

for three years continuously, the riéht' of t he applicant or of his repre~

sentative in interest, to occupy such ﬁeld ch annel shall cease abselutely.

"Y 29.- (1) Whenever vit' apgears expedient t o the l'iviséonal Canal

Oﬂicer either on his own motion or on. the appEiCation of an owner

_or occupier. that'with a view to utilising irrigation potential created

'by' anvirrigation .WOrk, ﬁeld channels Shou ld be comtructed in any

area, he may._cause .to be served on the owner or occapier concerned

a notice in. the ptesc'ribed form centainihg the exa ct location of sluices

'or outlets on the irrigation works, and bpec ifyi'ng the area ofirrigable

land to be setv'edby the sameﬂajhd direct them t o construct Such ﬁeld

channels at their own cost withhi'a speciﬁed time which shall not be more

"than six pmonths. from the datebl' issue of. the'notice. '

.' 1(2)? 1f. the owner or: occupier fails to constr uct the ﬁeld channels

"in his land as directed by the Divisional,.Canal O fﬁcer within the

time prescribed under sub-secti-on 11), 'the Divisi onal Canal Otﬁcer

may, after giving the owner or occupier a r easonable opportunity

_ of being heard, make an. orde: excluding such land from the cultu'rable

command area} .. " ' ' i '

Obligations

& liabilities

of the trans-

feree.

Power to re-

quire cons-

truction of

ﬁeld channels

8: Procedure

thereof.

'Owner's duty to maintain ﬁeld channel. Acquisition of Canal then disputed . Prohi bition of diversion. Preparation of scheme for qn farm De yelotvmerv. l4

(3) Any person aggrieved by an Order of the Divisional Cane?!Ofﬁcer under spb-section (2) may, within a period of" thirty daysfrom the date on which the Order was served- on him, appelﬁagainst such order by the Superintending Canal Oﬁice'r ;' 5 Provided that the Superintending Canal Oﬁier may) admit 5i: appeal presented after the eXpiry of the period of thirty days, ifhe is satisﬁed that the applicant "had a sufﬁcient cause for no}. presenting the appeal within the said .period. - -

(4) 1n disposing of an appeal, the Superintending Canal Ofﬁéefc may after giving the applicant a reasonable ot'ponunity of being heard, pass such order on' the appeal as' he deems ﬁt. The order of the Superintending Canal Ofﬁcer on 'such ap'pealshall be ﬁnal:

(5) The Divisional Canal Ofﬁcer may co'nstructth'e ﬁeld channels at the cost of the State Government and recover the cost pro—rate from the owners or occupiers.

_ 30, (l) It Shall be the duty of owners or occupiers to maintain the ﬁeld. channels in a proper state of repairs at their own cost.

(2) If the Divisional Fanal Ofﬁcer is satisﬁed that. any ﬁeld channel is not being properly maintained, he shall after pgdviding an opportunity to the owner or occupier Concerned to take such action as may _be directed by him, proceed to hazzesuch repairs made as he may consider to be suitable at the cost of the oymers or occupiers. .

31. (1) When there is any dispute between the owners or occupiers for the construction 'of a ﬁeld channel', the Divisional Canal Olﬁce:

shall acquire the'land required for such _constructi0n.

(2) The provisions relatingto acquisition of land for the constructiqn of water courses mentioned in section 15 shall apply for acquisitionof land for the construction of ﬁeld cl'annels with the modiﬁcationthat the compensation payable. shall be paid by the cwners enocct'tpiets.

32. No land acquired under this Act fer the eonstructi'on of Waitercourses and ﬁeld 'channels shall be used for any other putpose' with- out the orde'r of the Divisioual Canal Oﬁice'r. _ ,.

33. (l) Notwithstanding'anything contained to the contraryv'il'n this Act and subject to the rules. that may be made by the StateGovernment in this behalf an authority speciﬁed by the State Govae-ment for the purpose may, on his. own motion-o; on the applicatiéhof not less than ﬁfty percent of the owners _or occupiers'hf 13min in the cultivable commanded area, pr; '"",ed a draftscheme t-o prei'aridefor on farm deve.10pment on a grouﬁpg'; block of ﬁelds. _

(2) Every scheme prepared under the Subsection") shill aimiitigother matters, set out the cost of the farm on'~"déi'eto;>mfen£ wcth'.a sketch plan of the area proposed to be covetedbythesaidchetge and particulars of the miners or occupiers to be beneﬁted by 13.579said scheme. '- . ,

(3) Every scheme shall, as soon as may be after its preparatib'n, be published in such form and manner as may be prescribed'imi'tmgobjections and suggestions with respect thereof within twenty one days cf the publication. t

15'

(4) After consideration of such objections and suggestio ris, if any,

the speciﬁed authority shall approve the scheme either as it was; origi'i-

nully published or in such modiﬁed fbrm as he m ay consider. ﬁt" and-

pub ish the same.

(5) An owner or occupier aggrieved by the o rder of the sbeeiﬁ'ed

authority in respect Of a scheme, Which has not been appro'yed, may

prefer an appeal, within thirty days of the passing of the order to Such ~ nl'llcer speciﬁed as the appellate authority by the State Government in

this behalf whose decision shall be ﬁnal.

(6) After a scheme has been approved by the Speciﬁed authority I under sub-section (4) or. where an appe al is, pending before the app'eltate authority under sub-section (5), after it ha s been disposed of byihiiﬁ'

the scheme shall be published in such manner as may be presetibed anl.

upon such publication, it shall be execut ed or not executed by the

owners or occuoirrs in the group or bl ock of ﬁelds at their cos't,

within such period of time as may be speciﬁed by the speciﬁed

u uthority. . v

(7) lathe event of the failiite of any or all of the said ownets or'

occupiers to execute the works within the said period of time Speciﬁed

by the Speciﬁed authority or in_the event of any or all the owners

01' occupiers informing in' writing the. sp eciﬁed authority .prior to the expiry of the said period of time that the y are unable to excctite or get executed the Works as required, the works may be carried out by. the State

Government or by an agen'cyfdeteimin-ed b y the State Government in that

behalf, and the cost of the works so exe cuted 'by the State Government:

or by the said agency, as the case ma y be, shall be recoverableby .thé State Government or the said agenCy, as the case may be, from the

owners or oecupiers who fail, or indicat e their inability to execute 6':

get executed'the Works as required. -

[8) The share of the individual owners or o ccupiers of the cost ofthe

work executed in the said group or block of ﬁ elds by the State Govern-

ment or by the said agency, as the ca se may be, shall be as determined by the State Government or by the s aid agency, as the case may 'be.

34. Notwithstanding anything contained in this act of any other

law for the time being in force, no civrl court shall have jurisdiction to entertain or decide any question relatin g to matters falling Within this chapter. ' '

CHAPTER" 1v .

REGULATION OF IRRIGATION- SUPPLIES

35. The provisions of this Chapter shall app ly in respect of watét'

from an irrigation works supplied under se ctions 31, 38 8t 43.

36. Water from an irrigation work may be supplied—

(a) as provided in section 37 3

(b) oh an application for irrigation or non—irrigatlon purposes

as provided in section 38 ; or

section 43,,

Barring insis-

dtction of

Civil Conn.

Aeplimﬁm

attheshegt'e'r,

Power to regulate ii'ftganon work.

Apglica-tion tor supply of water; lo_

37, «A 'DivisiOnal Canal Ofﬁcer duly. empowered by the State Government bya notiﬁeation in respect of any irrigatiOn work or class of irrigation works may, after such inquiry as he deems ﬁt, regulateEin respect of any irrigation work fereach year or part thereof or for a speciﬁed term of years at a time, as circumstances may 'require —- ' ' -

(i) th: time for'lettin; out w Lter for irrigation.

(ii) the perZoI of surply 5

(iii) tfze quantity ofSJpplj ; and

(iv) the areas to'te supplied a'; diﬂ'erent'times. Erplanan'on .-—-A land shall be deemed to have been supplied with water notwithstanding that the Water is not utilised for irrigation pro-vided that sitchnon-utilisation is duesolely to the action or inaction on the part of the owners or 03cupiers interested i-ntsuch land; * '38. (1) Any person, desiringvto have supply of water froman irrigation work for irrigating land not included in any area towhich supply of water is regulated ,under section 37, shall'makea written application to that effect to the Divisional CanalOFﬁcer, subject to any general o'r special order made by the State Governmentdetermining the extent of lands for which water cah be 'made availablefrom suCh irrigation work, such oﬁicer may. if in histopinion such 'supply can be made without detriment to the supply of Water tolands included in any areas to which supply of water is regulatedunder section 37, order the supply of water and. for' such period notexceeding six years subject to such conditions as may be speciﬁedin such order. . 4 ' ' (2) If after a period of six shecessive years of supply of water .made to any land referred to in sub-section (l), the occupier ofsuch land applies ' for the Supply of water being made permanentsuch application, with the Opinion of the DivisionalpCanal Ofﬁcer,ishalt be forwarded to the Superintending Canal Oﬁicer concerned who shall take steps to include the land in the area to which supply of water is regulate by section 3-7. ' - (3) The water'rate leviable t'or the use of water For temporary culti- vation under subsection") shall. be the normal water rate. - (4) With the sanction ot'and subject to Such conditions, payments and'i'e'strictions, as may be imp tsed by the State Government or suchoﬁicer as may be authorised by the State Government in this behalf,the divisional canal o'ﬁcer' may withgut detriment to the supply ofwater to lands included in any area to which supply of water isregulated unter section 37, giv: permiS'sion' For water to be taken from - an irr'gntion work, For purPOSes other than those of agriculture. (5_ If any perSOn ruses water tram an irrigation work withoutobtaining the permission required under this section, he shall in.addition to any penalty he may insure under this act for suchunauthorited use of water, be liable to pay water late at such rate as ma be determined by the prescribed ofﬁcer. not being less thanten tl'nes and not exceeding thirty times the nnrmalrate he wouldotherwise have been required to pay, had he applied for and obtained the permission.

39. (I ) The supply of waterto any water course or ﬁeld channel or Conditions to tiny person 'who is entitled to such supply shall not be stopped, except,-- for stop-

(a) wheneyer and no long as it is necessary to stop such supply for the purpose of matntenance of an igrigation Work or execu- tion of any work ordered by the competent authority.

(b) whenever and so long as any ﬁeld channel by which such supply is received is not maintained in such repair as to prevent the wasteful escapeof water thereof;

(0) whenever and so tong as it is necessary to do so in order to supply in rotation thelegitimate demands of other persons emitted to "ater;

(d) whenever: and so long as it may be necessary to do so in order to prevent the wastage or misuse of water; - (c) within the periods ﬁxed from time to time by the Divisional Canal Othcer of which due notice shall be giyen;

(f) whenever there is diminution in the supply of water iii the irrigation work due to any natural or seasonal causes and so long as it is necessary to do so.

(3) for any reasons beyond the control of the Divisional Canal Oﬁicer. ' .

(h) His claim shall be male against the State Government for

compensation in respect of .loss. caused by the failure or steppage .of Water 'from an irrigation work '; Provided that the person suffering such 1 vss may cEaim such remis- sion of the charges payable for the use of the water as is speciﬁed by the State Government.

40. '0) Except with the permission of the Superintend'ng C8121] Othcer no person entitled to use the water of any irrigation work shall sell or sub-let or otherwise transfer his right to such use it for un- authorised purposes.

Provides that no permission shall be necessary for use of water for authorised purposes by 'a cu'tiv-ating tenant of water supplied by the owner ofaﬁsld channel fortne irrigatzon of the land held by SuCh tenant. '

(2) Every right to the Sugply of water for agricultural purposes to any [and or Other immovable prOperty shalt be attached thereto and shall be presummed to have been so transferred whenever a tran sfer of

such )and or immovable property takes place.

41. When water from an irrigation work is supplied for the irriga- tion of one or more crops only, the right to use such water shat] be deemed to continue only until such crop or crops shall come into maturity, amt to appty onty to such crop or crops. ping supply

Transf. r o:'

right of

water.

Reszr etio-

to s It; ply of

watn.

Declaration for adapta- tion 'of apa'ticuhr crop pat- tern.

42. (I) Where Sthe Kate Government is satisﬁed that for the better cultivation ofiands and production Of crops and due preservatitnand; proper utilisation or" water resources ' of any irrigationwork, or in the public interest. it is expedient to regulate thekind- of crops that shouldvbe sown. planted or groWh on lands underthe irrigabte somtnand o"a'n irrigation worker any part thereof, andthe period during which Such. crops should be sown, planted or grownon xuch lands,the State Governmentmay, having regard to the soiteharacteristm, climate, rainfall and water available by order in writingmake a declaration to that effect; Such a declaration shall be givenvide publicty in suchmanner by the Cannai Ofﬁcer anthorised bythe State Government may think ﬁt.

(2) On such a declaration, the Canal Ofﬁcer with theappfova!of' the superior ofﬁcer authorised by the State Government mayspeciﬁed by notice. published in such manner as may beidetermincdby him, the kind; of crops that small be sown; planted or grown on the lands under the irrigable command of the irrigation workor, any part thereof, the area of 'erogs and the periods dhringwhibh'such crops shalt be sown, planted or grown, The Canal Oﬁicer shall subject 'to [hi provisions: of Sections 39(l)and 40(2). thereuponby order regulate the supply of water from the "irrigation work forsowing, plantingand growing such crops 'dtmng the periods Specxﬁedin the order. '_

(3) The State Government may, by notiﬁeati'oh in the ofhciatGazette, make rules For determining the crops and the periodsduring which such crt'ps may be sown, planted or grown and forregulati: g Suppiy of hater For the purpose. Such ruies may provideft)? ﬁxing the extent oF irrigation for sowing,' ptaming 0r growing different mom on the lands under the intgabte command of anirrigation work,

(4) On the publication ﬁfthe notice under Sub-scc'tion (2), no person shall sow. plant, or grow Or allow any erOp, other than the cropor crops speciﬁed in such notice, to be sown. ptanted or grown' on any land 'u'nder'the irrigablfé botnmand ot' the irrigation workor any part thereof, speciﬁed in such notice and during the periodspeciﬁed therein. " ' ' . E?

(5) Any person aggrieved by: any notice given under,sub—section(2), may, within thirty days from the date of publication of suchnotice. ﬁle an appeal before such oFﬁcer not below the 'rank__ ofSuperintending, Canal Ofﬁcer as the Srate Government may appotttgﬂThe appettate ofﬁcer may on hearing the parties pass such ohci'er'as he thinks ﬁt; and thereupon; the notice shall stand modiﬁed t'o/siichextent as maybe speciﬁed in. the. order. , J.

(6) The person, who-has sown; p'lan'ted'are grown'any unauthorisedCrop, - or altowed any land to be sewn, planted or grown with such} unauthorised crop; shati— " ' '- ' ' ' " " ' '

(a) be tiabie fbr contravé'ning the provisions Vot' this section;'an&-

(b)- also be liable to pay such, water rate, as may be prescribed by the State Government not being less than ﬁve times and not exceeding ten times the water rates which he, would; otherwise have been required to pay in addition to any' penalty he may incur: under the Act for such. unauthorised crop.

Provided that if nowater'is utilised either directly or indirectly from the Irrigation work for growing ahy crop, the provisions of subsections (4) and (6) shall not be applicable.

43. (I) Where in the opinion of the. State;- Government and irrigation work is likely to irrigate lands not exceeding 209 hectares tn an area or as may be prescribed in the State Government, in she public, interest,_ by ~ notiﬁcation prepare a draft scheme, . for supply of water from Such irrigation work to suchtands. The draft scheme; Ittnll roYide for handing over the management of the irrigation work and istnbution of water therefrom to the water committee appointed under section 45.' ' ' ' ~

(2) The draft scheme shat} contain the following particulars, that is to say :— -

ta) the area to .V-vhich the schemeJ 'appii'ed;

(b) the survey numbers of iands included in, such area and the names- of owners and occupiers thereof; - ' ~ A (c) the period or periods during which water will be supplied to? such lands; ' . »

(d) ' the'criop 0t crops which will be permitted to be grown thereon; ' '

(e) the. water rate at'which water may be supplied to such laind. included in the scheme; _ ' . '

(f) the amount to be paid by the State Government for man age?

men't of the irrigation work to the water Committee; and '(g) ﬁxing a period of not less than. three months from the date of publication of such notiﬁcation for submisswn of objections or suggestions to such scheme.

(3) After the publ'icatiOn of such notiﬁcation, it shall also b e

published 'by the Canals Ofﬁcer duly empowered in this be half as

soon as practicable in. the ylanguage- of the tesiden-ts- of ;the area

through which the irrigation w0rk passes in, such place or places

and in Such' mannet as he thinks ﬁt for the information of t he

owners and " occupiers who are 'like'iy to be affected, bysubh not iﬁcation.

(4) After considering such objections and stiggestions, if any, as may have been receivad within the period ﬁxed as aforesa id,

the State. Government may, after making .due inquiries, sanction the draft scheme with or. Without any modiﬁcations or may reject it.

Preparation

of draft

scheme for

in-igatian

work;

(5-) The scheme as sanctioned? under sub-seetiOn (4} shall be ' published in the Ofﬁcial Gazette and (in the village, and at the

Enfotcement, modification & * cancella- tion of

draft scheme. Appointment of water

committee 5; its func- tions.

headquarters of the Taluk and of the district in which the'lands included in the scheme as situated in such manner as the State Govt. deems ﬁt, and shall, on Such publication, be ﬁnal.

44. (1) The scheme. shallwcome into force on such date as the Govt. may, by notiﬁcation appoint.

(2) The scheme may at any time be varied by a subsequent scheme made, published and sanction in accordance with the provisions of section 43. '

(3) The Scheme may at any time be Cancelled by State Govt- by a notiﬁcation. ,

45. (1) After a scheme has come into (force under sub-section'

(1) of section 44, the State Govt. shall appointawater Committee to execute thescheme, subject to the SuperintendenCe, direction and control of the Canal Oﬁicer appointed by the State Govt. for the purpOSe.

(2) The water Committee shall consist of ﬁve persons 0; as may be prescribed, appointed from amongst the owners and occupiers of lands included in- the scheme.

. (3) The member or the members may be appointed by the State Government or any oﬂicer-th'ereof duly empowered by it in that behalf.

(4) The members of the Committee shall ordinarily hold ofﬁce for a period of two years from the date of their appointment.

(5) The members of the Committee shall hold oﬂice at the pleasure of the State Government and the State Government may terminate the appointment of all or any of the members of the Committee at any time by an order in writing in that behalf.

(6) The water committee may meet from time to time, and may follow such procedure as it deems ﬁt for the transaction of its business. _

(7) the water Committee shall :—-

(a) manage the irrigation wprk and ensure proper diStribution of water to the lands included In the scheme;

(b) decide the crops to be grown during any period or periods according to the provision of the scheme; (0 carry out day to day maintenance and ,repairs of the irrigation work; . 4 ,

(d) maintain the irrigation system of' the irrigation work beyond the outlet in a ﬁt condition for supply of water; assist the canal Oﬂ'icer—~ (e)

(i) to detecting and preventing encroachment in the irrigation work and on the lands appertaining theretu;

. (6) The applicant may resubmit the proposal to the/ Board V after removing the defects or objectionable features and such appli- cation shall" be disposed of by the Board under sub-section (3) as if -it were a fresh application. '

(7) If in course of execution of any work after obtaining the permission of the Board, the applicant desires to make any substantial alteration in the approved plan, a fresh application shall be made to the Board as if the modiﬁed plan constituted a fresh proposal and, pending the disposal of such fresh application by the Board under , sub—section (3), the construction work shall be suspended by the applicant. ,

(8) Any person feeling aggrieved by an orderissued by the Board under sub-section (3) sanctioning any proposal subject to conditions or rejecting it, may, Within three months of the date of the order of the Board, prefer an appeal to the State Government whose order in the matter shall be ﬁnal.

(9) If any person constructs or re-constructs any structure or lays out any means of access Without obtaining the permission of the Board, or where permission of the Board has been obtained, makes in course of execution of the work any Substantial deviation from the approved plan, the Board may, without prejudice to any other proceedings which may be taken againsthim, have the structure removed or the means of access closed and recover from him the expenditure involved, together with 13% departmental charges, in accordance with the procedure prescribed under Section 23 in so far as that-procedure is applicable.

('10) The Poard shall be the sole judge of what constitutes substantial deviation from the approved plan for purposes of sub- section (9}i a - . . v . .

31. (1) Where after the issue of a notiﬁcation under sub-section (2) of Section 29 it appears to the Board that the planned development of the notiﬁed area can be Secured only: by-acquiring tand in that area,-it may, with the prior consent of the State Government, acquire the entire area or such part of it as may be considered necessary, either'by direct negotiation With the owner or failing such negotiation, by resort to the provisions of the Land Acquisition Act, 1894.

(2) Such area as may be acquired under sub-section (1) shall be properly !aid out by the Board, the necessary improvements eﬂected 'and sites assigned sold or leased to the public for a speciﬁed period net exceeding, 99 years, for construction according to approved pians. a

Planning

Board to

acquire land

for planned

development,

where neces-

sary.

Planning Board to decide on levy of better- ment tax

with the

consent of

State

Government

who shall

determine the rate at levy. CemDutation cf betterment nine.

CHAPTER—VIII

LEVY OF BETTERMENT TAX

32. (1) Where a Board is of the opinion that the value of land in any area in its charge is likely to increase as aresuit of the development at public expense of any area adjoining a highway, it may, With the previous consent of the State Government, decide to ievy abetterment tax in respect of such area:

Provided that where in pursuance of Section 31 the Board has acquired any area and has had it properly laid out and sold or leased to the public, no betterment tax shall be levied in respect of such area.

(2) The State Government, when approached by the Board under sub—section (1) for its consent to the levy of betterment tax in any area, shall while giving such consent determine the percentage rate, not exceeding 80% ot' the betterment value, at which the tax Shall be levied in such area and communicate the same to the Board.

(3) Where it is decided to levy abetterment tax in respect of any area, the Board shall cause the decision to be notiﬁed in the ofﬁcial gazette and sha1l also seCure further publicity to the notiﬁcation in the manner prescribed under sub—section (4) of Section 11.

(4) The notiﬁcation shall speCify :—

(a) the exact area in which the betterment tax is to be IeVEed,

(b) the date on which the prevailing land value shah be deemed to be the basic value for purposes ofcommuting betterment, and

(c) the percentage rate of betterment value at which better- ment tax shall be levied, as determined by the State Government under sub-sectinn (2).

(5) When the development or improtemeet of the area adjoining the highway has been completed or, in the opinion of the Board, has reached a stage sufficiently advanced to enable the resulting betterment to be determined, the Board shall notify in the oﬂiciai gazette the date on which the execution of: the scheme has been~ completed or shall be deemed to have been completed, and shall also cause further publicity to such notiﬁcation in the manner prescribed under sub—section {4) of Section 11.

33. (1) For land which has already been built upon or on which permission to build has already been accorded before the date notiﬁed under sub-section (5) of Section 32, betterment value shall be the value on that date less the basic value as computed with reference to the date notiﬁed under sub-seetion (4) of that Section less, the estimated cost of improvement work, if any, carried out by the owner between the two dates.

2.3

' .(2)For land which on the date notiﬁed under rsub—section (5)of Section 32 has neither .been built upon nor in respect of Which permission to build has been accorded before that date, the bettermentvalue shall be the value on the date when permission to build isgranted less the basic value as computed With reference to the_ date notiﬁed under sub-section (4) of Section 32, less the estimatedValue ofimprovement,if any, carried out by the owner between the two latter dates.

34. (1) The Board shah, at any time after a month of the publi-cation of the notiﬁcation under sub-seCtion (5) of Section 32 assess theamount of betterment tax payable by every individual owner ofland, and shall serve anotice on him in writing in the prescribed manner,""'S'pecir'ying the amount of the tax payable by him, the details of calculation,the instalments if any .in which payment may be made, the dateor dates on or before which payment of the full amount or of theinstalments shall b made, and the authority to whom payment shallbe tendered.

(2) Any person on whom a notice for payment of betterment tax has been served under sub~seetion (1), may Within one monthfrom the date of service of such notice, ﬁle an objection before the Board in respect of the assessment made against him. Provided thatthe Board shall have discretion to entertain objections even after the expiry of the period of one month if it is satisﬁed that thefailure to ﬁle such objections in time was due to causes beyond thecontrol of the objector.

(3) After an opportunity has been given to the objector ofbeing'heard in person or through pleader the Board may conﬁrm, modifyor cancel_ the assessment made under sub-section (1).

(4) Any person aggrieved by the order i55ued by the Board undersub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court.

(5) If any person on whom a notice has been served undersub-section (1), fails to ﬁie any objection under sub-section (2), theassessment shall be conclusive and shall not be questioned in anycourt of law.

35. (1) The person liable to pay a betterment tax may, it hasoption, instead of making either a lump-sum payment or paymentby inStaltnents where allowed by the Board, execute an agreementwith the Board or any other authority Specially authorised by the StateGovernment in this behah', to 1eave the said liability outstanding asa charge on his interest in the tand Subject to the pavement in perpe-tuity of interest at the rate of 6% per annum. '

(2) A person who has exercised his option under sub—Section(1) may at any time after giving six months notice of his intentionso to do, redeem the Charge of paying the assessed amount ofbetterment tax 01' such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

36. A£r§ar5' of betterment tax shalt be realised in the mannerprovided for the recovery of arrears of land revenue. Assessment

of Better-

ment tax.

Betterment

tax may at

option of

the owner

of land he

made a

charge on

his interest

in the land-

Arrears of

betterment

tax to be

recovered

as arrears

of land

revenue.

Appropria- tion of the ?toceeds of betterment tax.

Prevention of cover structure of view or

distraction of attention ofpersons using any . _ highway.

37' The proceeds of the betterment t ax, levied in any area, shall after deduction of the assessment and collection charges, be made over 'by the Board to the Provincial Government may direct.-

PART IV

MISCELLANEOUS AND SUPPLEMENTAL

PROVISIONS

CHAPTER—IX -.

SUPPLEMENTAL PROVISIONS T

O SECURE SAFETY OF

TRAFFIC AND PREVENTION OF D

AMAGE TO HIGHWAY

38. (1) Where a highway authori ty is of opinion that it is necessary for the prevention of danger arising from obstructio n of

the view or distraction of the a ttention of persons using any hi ghway,

especially at any bend or cor ner of the highway, it may s erve a

notice upon the owner or oc cupier of land along side or at the

bend or corner of such highway to alter or remove altogether,wit hin

such time and in such a manner as may be speciﬁed in the notice, the height or character of any existing wall, (not b eing a wall

forming part of a permanent st ructure), fence, hedge, tree, adve rtistement

post, bill board or any other object thereon, so as to elimi nate er

minimise the apprehended danger.

(2) If any person upon wh om a notice has been sentd tinder

sub-section (1), objects to comply with any requixemen t or such

notice, he may, within 14 d ays of its receipt send to th ehigiway

authority his objection in wr iting stating the grounds th emo'.

(3) The highway authority shall, within 14 days of the receipt

of the objection consider t he grounds advanced and s hall, by order

in writing,either Withdraw t he notice or amend or con ﬁrm it.

(4) If a person is aggriev ed by an order issued by a highway

authority under sub—section (3), he may prefer an app eal within

7 days of the date of such Order to the collector or Chief Revenue

Oﬁicer of the district, whose decision in the matter shall b e ﬁnal.

(,5) If any person falls to Comply with the notice serv ed on

him under snb-section (1) as amended or conﬁrmed as the case may

be under suh-seetion (3) or (4), the highway autho rity may take

action ' to alter or remove t he object causing obstructi on or distraction

0t? view'at 'its own expen se, and such expenditure together with

15% departmental charges, shall he recovered from s uch persen in

accordance With the provi sions of Section 23,' withou t'prejudice to

any other action which m ay be taken against him

(c) beneﬁtted. by the eonstruetign, expansion improvement or alteration of an irrigation work which .is not capable of irrigating mere than forty hectares of land. ' 1

(2) As soon as may be, after the publication of notiﬁcation under sub-section (2) of section 52 in reSpect of any irrigation work, the betterment levy Ofﬁcer shall prepare a statement showing the lands under irrigable command of the irrigation work in reSpeCt of which the betterment contribution in accordance With the' provisions of the notiﬁcation .to be issued under suh-section (1) of section 53.

(3) The statement so prepared along with a public notiee Shall be published in the village and the ofﬁce of the sub-deputy collector con- cerned and in such other manner as may be prescribed. and such notice mull require the ewners of lands under the cultural commanded area of the irrigation work to appear. before the Betterment Levy Oﬂicet either personally or by agent at a time and place therein mentioned, such. time not being earlier than one month from the date of publication of the notice, and to state 2——

(a) to the inclusion of lands in the statement as lands under the irgigable cpmmand of the irrigation work ;,

(b) to the inclusion of the Iangis in the' statement as lands of any speciﬁggt nature and extent of irrigabiiity ; and

(c) in respect of payment of betterment contribution, the basis 9;; which they claim that the. amount 9f betterment contri- biition' has to be computed. and such statement. shall be made in writing and signed by the party or, his agent. '

(4) The Betterment Levy Oﬁicer shall also serve notiee to the same effect on the' owner: of such l-'ancf or his' agent authorised to receive service on his behalf, who resides within the revenue diist'rict inwhieh the land'vis situated and in case any ownef'resrides elsewhere and has not such agent, the notiee shall- be sent to him by registered post.

(5) On the date ﬁxed under sub-section (3) or on such other date to which an inquiry may be adjourned, the Betterment Levy Ofﬁcer shin": after holding an inquiry inthemanner prescnibed and: after giving. an Opportunity 03% being; heard to every person; who has made a's'tate— ment under sub-section (3), make as order specifying— (13); the;amo,unt of: betterment contribution: payable in. respect of ' the saixztlandsu and V

(b). the date: from which such betterment contribution shall be:

Rayable. '

(6) The State Government or any person aggrievedby an order made under sub—section (5) may, within sixty days from the date of the order, appeal, to. the; prescribed authenty and the anthoritymay pass. . i V such other; onthe appeal.» as it»: may» deem; ﬁt.

M (7) An order passed by the prescribed authority" on an appealfpree- ferred to it uhder siibesecti-onm) ' andsubjeet to the orders 9f thej authority the' ordef-of"the-'Betterm'eht: Levy O&iccr'under'sub-'seeuontﬁﬁ shall be ﬁnal.

Notice of demand for payment of betterment levy.

Method of payment of contribution. Payment by occupiers. Protection liabiliiy for damages

(8) At the end of every four years from the year in -which thebetterment ,contribution is ﬁnally determined under sub—section (1) anyfuture instalment of such contribution shall be liable to be revised onthe same basis as provided in that subsection.

(9) If, in the' opinion of the State Govt. the enforcement of allor any of the provisions of this chapter will cause hardship in any caseor cases, the Government may,'by notiﬁcation setting out the ground therefore, exempt either permanently or for Speciﬁed period such caseor cases from all or any of the provisions of this chapter, subject tosuch conditions, if any, as the Government may deem ﬁt to impOSe.

54. The contribution shall become payable under this chapter on-a written notice of demand- thereof issue by the Betterment Levy Ofﬁcer being served on the oWner; Provided that no notice of demand shall be served on an owneruntil an order made under sub-section (5) of section 53 becomes ﬁnal ; Provided further that Where, before the commencement of this Act,ﬁve years or more have elapsed from the date of completion of the construction, expansion, improvement or alternation of the work suchnotice may be served at any time after such commencement:

55. (l) The owner of any land, in respect of which any contribu-tion is payable, shall pay it in cash in such annualyinstalrnents notexceeding twenty as may be preseribed. Provided that if, on or before the date on Which the ﬁrst

instalment is payable, orat subsequent date within a period oftwo years from that date, the owner pays the entire contribution, as the case may be, he shall be entitled to aVrebate as may be

prescribed 611 such contribution or balance of contribution, as the

case may be. .

(2) Contribution payable under this Act in rwpect of any land shall be deemed to be revenue demand due upon the said land.

56. Any person having interest in alands may, notwithstandingthat he is not the owner of such land, the contribution payable by the owner in respect of such land and shall, if such person,pays the entire contributiOn within a period of two years from the date on which the owner becomes liable to pay the contribu~' tion, be entitled to rebate as may be prescribed.

57. No'claim shall lie against the State Govt. for compensationor for the refund of betterment contribution on account of lossoccasioned by any temporary failure or stoppage of water in anrirri-gation work or by any cause beyond the control of the divisionalcanal ofﬁce;- or by repairs, alterations or additions made to such work. ' ' ' ' ' '

CHAPTER VII

()lil'AlNING LABOUR AND MATERIALS FOR IRRIGATION

WORK IN EMERGENCY

58. (1) Whenever it appears to the divisional canal ofﬁcer or any ofﬁcer acting under his general or special orders in 'this helm", that, unless so work or repair is immediately executed, such am'iuux damage will happen to any irrigation work as to Cause Muidcu aud extensiVe public injury or irrigation and that labour necessary for the proper execution thereof cannot be obtained in the ordinary manner in time to prevent such injury or interruption or to remedy it within a reasonable time, the divisional canal ofﬁcer or tiny olliccr acting under the said~orders, may, by public proclamation by heat of drum require any able bodied person, who resides Or owns him! in any village within eight kilometers of the place where the Wurk it to be executed and whose name appears in the list hereafter mentioned to attend in person at such place and to carry out such duties as he may allot to them in connection with the execution Hi the work necessary for the safety of the particular irrigation work.

(2) All perSOns so labouring shall be entitled to payment at ' rule which shall not be less than the highest rates for the time being paid in the neighbourhood of similar labour. 5'). Subject to such rules as may be made in this behalf, the |L)iviaionul Canal Ofﬁcer in consuitation with the Collector shall prepare a list of persons liable to carry out the duties as aforesaid, and may from time to time add to or alter .such list or any part thereof.

()0. Whenever it appears to a Divisionai Canal Ofﬁcer or any UmUUI' acting under his general or special orders in this behalf, thnt it is essential for carrying Out urgent works on any irrigation work to prevent public injury Caused by damage to works, he may enter upon or into any immovable property in the neighbourhood of the irrigation work requiring immediate, repair, or other work mu! tukc possessmn, appropriate, cut or remove any trees, timber, bamboo», mats, rcpes, straw, earth stone and other materials, and prepare Lin inventory of the materials taken; such materials shall be mid for at the highest prices for which they are sold in the neighbour- mmi Mid in case damage is sustained by any person in consequence of the rcmoVal, seizure or cutting of any such materiaistcompen- autimt shall be paid for such damage by the DivisionalCanalOtﬁcer in nucordunce with the §procedure laid down in sections 68 and 69.

61. Any person aggrieved by ﬁxation bf wages under sub- section (2) of Section 58"may prefer an aipeal within sixty days to the Superintending Canal ~Oﬁicervwhose decision shall be ﬁnalv Power to

requi rements

services in

emergency.

Preparation

of list of

able bodied

persons.

Power to

enter and

removal ob-

struction in

urgency.

Appeal for

revis10n of

wages.

Pfohibition of encroach- ment .

Enactment of encroach- mem.

Notiﬁcation declaring in- tention to construct drainage

work; '~

Preparation of scheme for ﬁeld

chains.

CHAPTER VIII

DRAINAGE AND PREVENTION OF WATERLOGGING

.62. Whenever it appears to the State Govt. that injury to anyland or public health or public convenienCe'has arisen or may arise fromthe encroachment upon any irrigation work, the State Govt. may, by notiﬁcation, prohibit, within limits to be deﬁned in Sneh notiﬁcation,the formation of any encroachment, or may," within Such limits, order the remoyai or other notiﬁcation of such encroachment.

63. (1) The Divisional Canal Ofﬁcer, or other person authoriseby the State Govt. in that behalf may, after the notiﬁcation undersection 62 issue an order to the person causing or having control over _any suoh encroachment to remove or modify the same Within a time to beﬁXed' in the nr'der. Provided that the Divisional Canal Oﬁicer may, in cases of emer- gency, remove the encroachment before the publication of notiﬁcationand the expenses incurred shall'be recoverable from the person concerned, 64. (l) Whenevei- it appears to the State Government that anydrainage work excluding ﬁeld drain is necessary in the interest of public health, or for improvement of any land or for the proper cultivationox: irrigation thereof'ér' that protection'from ﬂoods or other accumu- lation of Water or injurious salts or"from erosibn by a river, is requiredfor any lands, the Staté Government may by'nOtiﬁcation declare thatthe drainage work shall 'be 'constructed after a day to be named in thesaid notiﬁcation, not being earlier than three months from the date thereof.

(2) As soon as practicable after the issue of a notiﬁcation under sub—section (1), the DiviSionaI Canal Oﬂicer or any oﬁieer dulyempowered under this Act shall cause public notiee to be givenat convenient places, Stating that the State Government intends tocbnstrbet the) drainage work excluding ﬁeld drain referred to insubésectioq (l). ' " ' ' (3.),- The provisions contained in Sections ll and 12 regardingthe acquisition of land for the consuuction of work shall apply,mutat/s mutandis, to" the construction of drainage work referred to. m sub—sectionﬁﬂ);

' '

65'. (1) Notwithstanding anything'contained to the contrary insubsection (1) of section. 64, the Divisional Canal Ofﬁcer maycause a scheme for ﬁeld drains to be, drawn up.

* (2) Every scheme drawn. up under sub-sectiotl (1) amongsts other matters set out the "estimated cost thereof, the alignment. ot'the 'proposed'ﬁel'd drain or realignment of the existing ﬁeld drain, as the case may be, the particulars of the owners or occupiers to

he bencﬁtted and other persons who may be affected thereby and xkctch plan of' the area proposed to be covered by the scheme.

(3) The provisions contained in Sections 14, 15 and 17 to 20 almll apply mutatis mutandis to the scheme drawn up for ﬁeld timins.

(4) The Divisional Canal Oﬁ'icer may construct the ﬁeld drains on behalf of the owners or occupiers and recover the cost pro-rata l'mm the owners or occupiers.

CHAPTER IX

AWARD OF COMPENSATION

66. Compensation may be awarded in the event of only subs- tantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained :

Provided that no compensation shall be so aWarded in 1eSpect of any damage arising from—

(al deterioration of climate or soil; or

(b) stoppage of amigationoor of the means of ﬂoating timber or of watering cattle,

(c) stoppage or diminution of the supply of water in conse- quence of the exercise of power conferred by section 3 if no use has been made of such supply Within ﬁve years immediately before the date of issue of the notiﬁcation under section 3; or

(d) failure or stoppage of water in an irrigation work where such failure or stoppage is due to—~

(i) any cause beyond the control of the Divisional Canal Oﬂicet;

(ii) the execution of any repairs, alterations or 'additions to the irrigation work;

(iii) any measures considered necessary by the Divisional Canal Ofﬁcer, for regulating the proper ﬂow of water in the irrigation work or for maintaining the established course or irrigation; or

(N ) circumstances mentioned under clauses (a) to (g) of section 39:

ProVided further that any person who suﬁ'ers less from any utoppage or diminution of water supply to his lands due to any 111 the causes named in clause (d) of the preceding provision shall be entitled to .snh remission of water rate payable by him as may be authorised by the State Government.

Condition

for award

of compen.-

sation.

Limitation for claim of compen- sation. Tender o f compensa- tion for entry, da— mage etc. Method of awarding and asses- sing com- Apensation. .2Appaal.

67. No claim for compensation under this Act for any damageshall be entertained after the expiration of one year from thetime when the damage complained of commenced, provided thatthe Divisional Canal Ofﬁcer on suﬁicient cause shown to his satis—faction by the claimant for not making the claim within suchperiod may condone the delay, and entertain the 'claim. .

68. (i) In every case of entry upon any land and building ' or the utilisation of materials under sections 4, 5, 6, 7 and 60 ofthe Canal Ofﬁcer or the person making the entry shall ascertainand record the extent of the damage, if any, caused by the entry, . or in the execution of any work, to any crop, tree, building or other property and the value of the materials taken or utilised and within one month from the date of such entry, compensation shall be tendered"by the Canal Ofﬁcer to the owner or Occupier of the property, as thecase may be.

(2) If such a tender is not accepted within a week of thetender, the Canal Ofﬁcer shall forthwith refer the matter for thepurpose of determining the amount of compensation to the DivisionalCanal Ofﬁcer who shall decide the matter with the previous approvalof the Superintending Canal Oﬂicer.

(3) The Superintending CanalOﬁicer either suo motu or on theapplication of the person concerned. when the matter has not beenreferred to the Divisional Canal Ofﬁcer, may revise the order of the Canal Ofﬁcer within a period of two years from the date ofthe order. '

69. (1) Unless otherwise provided, all claims for compensationunder this Act other than claims of the nature provided for insection 63- shall be made to the Divisional Canal Oiﬁcer concerned.

(2) The Divisional Canal Oﬂicer shall enquire into all Suchclaims and determine the amount of compensation, ii' any, Which should be awarded. In determining such amount, the DivisionalCanal Ofﬁcer shall be guided by the provisions of the Sections 23 and 24 of the Land Acquisitign Act, 1894. | Provided that regai'd shail be had to the diminﬁtion 1'11 the hartet va1ue, at the time of awarding compensation, of the prOperty in résPect of which compensatiqnis claimed; and where Such market value isnot ascertainable the amount of the diminution of the annual net pro~ vgts oistich property caused by the eXercise of the powers conferred bv. .13 c ;

Provided further that no order determining the amount of compen- s—ation shall be made by the Divisional Canal Ofﬁcer under this section-.,W1thout the preV1ous approval of the Superintending Canal Oﬂicer.

70. Any person aggrieved by the order of the Superintending Canal 'Ofﬁcer 01' the Divisional Canal Oiﬁcer under' Section 68, or- of theDivisional Canal Ofﬁcer under §ection 69, may prefer within 90 daysfrom the date of communication of the order, appeal to the prescribed_ authority.

7|. All sums of money payable for compensation awarded under Paymentof thin Chapter shall become due three months after the ﬁnal award is c?mpené'a'. . . p . tlon & mte—nmde, 4nd smple mterest o; the rate as may be prescrlbed but not restthereoﬁ less than ﬁve percentum per annum shall be allowed on any such sum

renmining unpaid after the said three months, except When the non-

payment of such sum is caused by the neglect or refusal of the claimant

to apply for or recelved the'same.

CHAPTER X

SETTLEMENT OF DISPUTES

Inquiry into 72. (l) The Canal Ofﬁcer, may if he considers necessary pass an -. . . . disputes for m'tlcras to the use or dxstnbutlon of water from a water course or use cf dis_ Held channel amongst personsm any land or agreup oflands or in tribution of

:1 .1y holdings or groups of holdlngs in such land or lands. water-

Provided that no such order shall be passed by the Canal Oﬂicer

without making any inquiry intothe matter and without giving notice

to all the persons interested that or. a day to be named in such notice,

he elmll proceed to inquire .into the said matter.

(2) Whenever a diﬂ'erence arises between two or more persons to regard to their mutual rights or liabilities in respect of the use [or maintenance of a water course or ﬁeld channel or ﬁeld drain Any such person may apply in writing to the Canal Ofﬁcer stating the matter in dispute.

(3) On receipt of the applﬁcatjon under sub—sectiou (2), the ("anal Ofﬁcer shall give notice to' the other persons interested, and .(m a day to be named in such notice, he shall proceed to enquire rinto such matter and after the enquiry, he shall try to bring about u comprom'se, between the parties. '

(4) On the failure of the Canal Ofﬁcer to hring about com- promise, he shall pass an interim order as regards the use of u'mintcnnnca of a water course of ﬁeld channel or ﬁelddrain pending the disposal of the disputes and he shall forward the dispute to the Divisional Canal OﬂiCer along with his ﬁndings and the Divisional ('zmnl ()tlicer shall pass an order thereon after giving a hearing to the pnrtics.

(3') The §uperintending Canal Ofﬁcer, within whose jurisdi tion the water course or ﬁeld channel or ﬁeld drain. issituated, may, on Na own motion or on an application» made in this behalf by m aggrieved person, revise an order passed by a Divisional Canal (Jllicer under sub-section (4): '

Provided that no such application shall lie unless it is made within :1 period of thirty days from the date of such order.

(6) No order passed under this Section shall be liable to be called in question in any civil court.

Prohibition of interfe- rence and obstruction &Irrigation work.

Removal of encroacher. Maintenance of tank, pond, well, etc. above reservoir. Praiubitien of operation of mining or quarry.

CHAPTER XI

SAFETY OF IRRIGATiON WORK 73.' Except as may be prescribed, no person other than theCanal Ofﬁcer shall—

(a) interfere with or encroach upon an irrigation work; or

(b) construct any earthen or masonary bund or weir on anychannel or stream, ﬂowing above or below any irrigationwork.

74. The Canal Ofﬁcer may issue an order to the person con-cerned interfering or encroaching upon any irrigation work to removethe same within a time to be ﬁxed in the order; and if the person concerned does not Comply with the order, the Canal Ofﬁcer mayremove the encroachment and take such either action as may benecessary and recover the expenses thereof from the person concerned. Provided that the Canal Oﬂicer, may, in case of an emergency remove the encroachment or take the necessary action beforeissuing the order, and recover the expenses thereof from the person-concerned.

75. (1) Every owner whose tank, .vgell, pond, spring pond or-other reservoir is situated above any irrigation work, shallmaintainthe bunds and surplussing arrangements of such tank, well, pond, spring pond, spring channels or reservoir in a safe and eﬂicientcondition.

(2) If, in the opinion of the Canal Ofﬁcer, such bunds or surplussing arrangements of the works referred to in sub—section (1) are not in a ﬁt' condition and are likely to endanger the irrigationworks below, then the owner concerned shall be served with a noticeto bring such bunds or surplussing arrangements to a reasonably ﬁt conditions, in such manner and within such time as may bespeciﬁed in the notice.

(3) If the said owner fails to comply with the notice within the time speciﬁed or does repairs Which in the opinion of the CanalOﬂicer are unsatisfactory the Canal Ofﬁcer may carry out the neces-sary repairs and recover the cost from the said owner.

(4) From any order of the Canal Ofﬁcer under this section andappeal shall lie within thirty days from'the date of communicationof the order, to the Divisional Canal Oﬂiccr, whose decision thereon-shall be ﬁnal.

75. No person shall conduct mining or quarrying operationsrequiring the use of explosives within such distance as may beprescribed from the foundaries of an irrigation workwithout the-written permission of the Canal Ofﬁcer.

77. Notwithstanding anything contained to the contrary in Sub-awtiun (4) of section 3, no well exclusively for domestic use, either on personal or community basis, shall be excavated within suchAllstiincc, as may be speciﬁed by the State Government from timeto time, from the, beundaries of, an. irrigation work without the yevious sanction of the authority speciﬁed by the State Govern-mm and Subject; to such conditions'as the authority may impose.

. 78. No person shall havethe right to ﬁsh or ply any vessel in the reservoir, pond or tank or'acreass or alongacanal or channel maintained or controlled by the Government without the permission it writing of the State Government or of such Otﬁcer as may beempowered in this behalf by the State -Gove'rnment .and exceptunder such terms and. conditions and issubject to payment of such feel as may be prescribed. , .. 79'. ,No person other .than the Canal Ofﬁcer or any Ofﬁcerduly empowered in this _ behalf. .Vshali let tout water from a canal(f: channel by cutting the , bund, construeting a sluice .or outlet9: any other similar contrivance.

80. (I) Save as provided in this Act, no person shall abstract wtltcr for any purpose by the inSLallation of pump sets or othermetrical or mechanical devices '.fo'r pumping waterfrom an irrigation work except with .the permission of theDivisional Canal Ofﬁcer

within Whose jurisdictiun such pump sets or other deVices fox. abstraction

nl' water are installed and subject to such termsand conditions and

subject to the payment of such tees, as may be prescribed.

(2) If any person abstract water from an irrigationwork in violation of subsection (1), the Divisional (anal Oﬂicer or any person authorised by him in that behalf shall have the power to enter lnto.any property, place or premises in which any construe-tlnn is made or any pump set or other electrical or mechanical device is installed tor the abstraction of the water and remove or cnursc to be removed Such construction or pump set or other device,

(3) The Divisional Canal'Oﬂicer or the person authorised under subsection (2) may also CQnﬁscate any pump set Or Other electrical or mechanical device if .he is satisﬁed that such confiscation is necessary for the prevention of the abstraction of water.

Sl. No person shall deposit any produCe of mines or earth

ur any other material in or near any channel or ﬁeld drain or

other Work, whether natural or artificial. through which rain or

other water ﬂows! into any irrigation work.

32. (I) No person shall without the permission of the Divi— nimml Canal Ofﬁcer, pollute or discharge seivage etﬁuent or trade efﬂuent in the v~ater of any irrigation work "which may injure to the irrigation work or may deteriorate the quality of water of themightien work or may give rise to the growth of any weeds in the irrigation w0rk. -

(2) The provisions of the Water (Prevention and Control fof l'ullntion) Act, 1974 will apply with regard to matters 'in Mlb'SCL'llUn (l). . _ .

Trohibition

of excava-

tion of well.

Prohibition

of ﬁshing:

and plying

of vessef.

ProL ibition

o f letting

out water.

Prohibition

of abstrac-

tion of

water with-

. ut autho- rity.

Prohibition . of deposit of earth dc produce of mine.

prevention of pollution.

Penalt y 1'or oﬁcnces

under the Act.

83.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

<10)

(II)

(121

(13)

shall L be

CHAlTER XII

OFFENCES AND PENALTIES

Whoevery-ivolnntarily or without proper authority :

tiamages, alters, enlarges, obstructs or encroaches upon any irrigation work; i '

interferes with increases or decreased the level and supply of water in, or the ﬂaw of water from, through, over 01' under, any irrigation work;

interferes with or alters the ﬂow of water in any riveror stream, so as to endanger, damage or render less useful any irrigation work;

being reSponsible for the maintenance of water course or ﬁeld channel, or using a water course or ﬁeld channel, neglects'té take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of water therefrom, or uses such water in an unauthorised manner;

causes any vessel to enter or navigate on any 1rr1gat10n Work contrary to the rules for the time being prescribed bythe State Government;

while navigating on any irrigation work, neglects to take proper precautions for the safety of the irrigation Work and 0f vessels thereon;

neglects, without reasonable cause, 'to carry out or to port- tinue to carry out duties in connection with the execution of any repair or work, when lawfully bound to do nndcr section 58;

destroys or moves any level—mark or water—gauge ﬁxed by the authority of a public servant.

opens, shuts or obstructs or attempts to open shut or obstruct any sluice or outlet or any other similar contri- vance in any irrigation work;

a110Ws- cattle to graze or be tethered on the irrigation work or pass any animal or vehicles on any irrigation work; grows or allows to grow any crop in contravention of a not1ﬁcation under sub-section (2) of Section 42; uses water from an irrigation work without obtaining the permission required under sub—section (5) of section 385;. contravenes any of the provisions of the Act or of any rules made thereunder.

liable on conviction before a Magistrate, for .oﬁ'ences mentioned in clauses (l) to (6), (8). and (12) to aﬁne not exceeding Rupees one thousand. or imprisonment not exceeding one year

er With both and. for offences m entioned in clauses (7), (9) to (

11)

and (l3) to a ﬁne not exceeding R upees five hundred or to im- nrlannmcnt not exceeding two mon ths or with both.

Provided that for a second or subs equent offence under clauses

(I) to (6), (8) and (12) ﬁne shall not be less than Rupees two

hundred and under clauses (7)= (9) to (ll) and (13) ﬁne shall not he lest! than rupees ﬁfty:

Provided further that in case of a continuing oﬁ'ence of daily ﬁne of not less than rupees ﬁfty during the period of continuance of the offence shall also be impos ed.

84. The penalties and punishment s mentioned to the Water (Pre- ventioned Control of Pollution) Act 1974 will be applicable for violating the provision of section 82. ,

85. (1) When any person is convic ted of an offence under section 83, the Magistrate may order that the said person shall remove the obstruction or repair the damage o r replace ,or. repair the land mark, have! mark, water gauge or apparatu s in respect of which the conviction has taken place within a period to be ﬁxed in such order.

(2) Without prejudice to the power of the Canal Ofﬁcer under ﬁction 74, if such person neglects or refuses to obey such order within the period so ﬁxed, the C anal Ofﬁcer may carry out the W ork

in accordance with such order and th e cost thereof shall be recoverable ' from such person. '

86. Whoever. abets any offence pun ishable under this act or attempts to commit any such offence shal l be punished with the punish- ment provided in this Act for such offence.

. 87. Nothing contained in this Act sh all prevent any person from being prosecuted under any other law or the. time being in force for any act or omission made punishable by t his Act.'

88. Notwithstanding anything contained in t he Code of Criminal

Procedure, 1973, all offences punishabl e under this Act shall be cogni- mblc 11nd vailable.

89. Any person in charge of, or employ ed upon any irrigation

wnrk, may remove from the land or bui ldings belonging thereto, or may ttikc into custody without a warrant an d without unnecessary delay

take toa'Magistrate or in the absence of th e Magistrate take to the

nearest Police Station, any person who wi thin his view :

(11) wilfully damages, alters, enlarges or obstructs any irrigatiOn

work ;

(1)) without preper authority interferes with the supply or ﬂow

of waste, 1n or from any irrigation work so as to endanger,

damage on render IeSS useful such irrigation w ork.

Penalty for

violation of

section 82.

Order to

remove 8c

repair etc.

of damages

&obstruc«

tions.

Penalty for

abetment &

attempt to

commit

oﬁences.

Saving oi

prosecution

under other

laws.

Procedure

in offences

under the

Act.

Power of

Oﬂﬁcers to

arrest oﬁ'en—'

ders.

Power to order re- ward out of ﬁne.

Procedure in offences by Com-

pany.

Co mposition of offences.

90. (l) Whenever any person is ﬁned for an offence under this:

Act, the court which imposes such ﬁne, or which conﬁxms in apnea?

or revision a sentence of such ﬁne or a sentence of which such ﬁne"

forms part may direct that the whole or any part of such ﬁne mayr be paid by way of reward to any person who gave information leading». to the detection of such oﬁence or to the conviction of the offender. (2.) If the ﬁne is ordered to be paid as a reward by a court whose.- decision is subject to appeal or revision, the amount ordered to be '30» paid, shall not be paid'until the period speciﬁed for presentation of the, appeal has elapsed, or if an appeal is preferred till after the decisiom of the'appeal. . -

91. (1) If theperson committing an offence under this Actisa Company, the Company as well as eVery person in charge of and respon— sible to the company for the conduct of its businesstat the timexof"

the commission of the oﬁence shall be deemed lo be guilty of the oﬂ'enc:

and shall be liable to he proceeded against and punished accordingly. Provided that nothing contained in' this sub-section shall render any"

such person liable to any punishment if he proves that the oﬁ'encewaés. committed without his knowledge 'or that be exercised due deligence to- prevent the commission of such offence.

(2) Notwithstanding anything contained in sub—section (t) where?

an offence under this act has been committed bya company wand it is proved that the offence has been committed with the cdnsent or commit— vance of, or that the Commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary, or other ofﬁce?

of the Company, Such Director, Manager, Secretary or other Ofﬁcers shall also be deemed to be guilty of that oﬁ'ence and shall be liable to be proceeded against and punished accordingly. -

Expla'zatz'on : for the purposes of this section :

(a) "Company': means a body corporate and includes a ﬁrm or other association of individuals ': and

(b) "Director" in relation to a ﬁrm means a partner in the ﬁrm...

92. Any Canal Ofﬁcer duly empOWered under this Act mayr accept before the institution of a prosecution under this Act, from. any person, against whom a reasonable belief exists that he has; committed an offence punishable under this Act or the rules made thereunder, a sum of money as may be prescribed but not exceeding; two hundred rupees, by way of, composition for such offence.

CHAPTER XIII

MISCELLANEOUS

93. When the person causing any damage, alteration, enlarge- ment: or nbstruction to any irrigation work Without pr0per authority gnurmt utter such enquiry as the Divisional Canal Oﬂicer may deem ittmcient be ascertained or indentiﬁed, the Divisional Canal Oﬁicer mug. mi x-eqziisitim fruin the Canal Oﬁicer after giving not less than one month's notice to the owners and occupiers of all lands liettr'llttetl thereby, and after hearing their representations if'any, raanvm' from them, in such proportion as he thinks-ﬁt,' the cost til" repairing such damage, or of removing such alteration or nhaltttction.

. 'H. (1) Whenever any sum is to be paid by any person under this Act and the sum has not been paid within the time prescribed far attch payment, it shall be recoverable as arrear/arrears of land revenue with interest not exceeding twelve percent per annum as may be prescribed.

, (2)_ When any sum is recovered as above under sub—section (1) nl' Seetmn 27 and sub—section (1) of section 28, it shall be paid it) the person who is entitled to receive the same.

95. (l) The State Government or, subject to such rules as may be made under this Act, any Ofﬁcer so empowered in this behalf, may :

(u) appoint such ofﬁcers with such designations, deﬁne the. local limits of jurisdittion of such olﬁcers and assign to them respectively such powers .and duties under this act, as the State Government or such ofﬁcer may deem ﬁt;

(h) invest an' government ofﬁcer in any department, either personally, or in right of his ofﬁce, or any other persons, with such powers and impose upon him such duties, under this Act, as the State Government or such Ofﬁcer, may deem ﬁt.

Provided that any assignment of, or investment with powers or ilulicrt made under this section may at any time be cancelled or Varied by the State Government 011 such Ofﬁcer.

(2) The State Government shall have the pOWer to direct in the nutnncnprescribed the annual inspection of and submission of repurts on all irrigation works in respect of their proper maintenance utttl repair. - '

00. Any ofﬁcer empowered under this Act to conduct any enquiry may exercise all such powers connected with summoning and examining the witnesses and the production of documents as are conferred on a civil court by the Code of civil Procedure,

1908

and every such enquiry shall be deemed to be ajudicialproceedinz. Procedure _

forrecovery

of cost of

repair.

Procedure

for recovery

of sums dun

under the

Act.

Appointmeat

and invect~

merit of

powers.

Power to

summon

witnesses

and docu-

ments-

Sanction for prouecution & ﬁiing suit & bar oflegal proceeding for net done in-'gooﬂ-'ﬁit'h. Entrustnient otpdw'er to

.'Vﬂla'g'e? Pan- 'ch'a'yats. ' ' ' Bawsmsw

totmépe'rg-

Power to

make Rules

3,8

97. (1) No suit, prosecution or other proceeding shalllie againstany oﬂicer or servant of ?the State Government, for any act doneor purporting to be done under this Act, without the previoussanction of the State GBVern'ment; '

(2) No ofﬁcer or servant ofthe State Government shall belia'ble'in requet "of any such act in any civil or criminal proceedin if the act was" donc'in good faith in the course of the executionof. dii'ties'or' th "discharge of the functions imposed by 0r underthisAct. ' ' " "(3) Save as otherwise provided in this Act, no suit shall -beinstituted against the State Government in reSpect of any act doneunless" the' suit is instituted within six months from the date of the aet complained of.

98. (1.) The State Government may, from time to time, em-power, the village Panchayats to discharge any of the functions entrusted to the Government under this Act.

(2) Without pfejudice to the generality of the foregoing provision,the State Government may entrust the Village Panchayats with the respon-sibility of constructing and maintaining small irrigation works such astanks", tubewe'lls; water courses and ﬁeld channel and regulate supply ofWater therefrom.

99. If the State'Government is of the'opinion that it is in the plublié interest to" entrust distributiOn of water supply when given inbulk at the head regulator 'or outlet to 'farmers' co-operative societies, the State Government may by rules provide for the formation of suchsoeieti§s on sugh congitipns'asimay be prescribed. '

1.99. (l) The'State V'Govepnmeht may, by notiﬁcation, make rulesfor'th'e" phr'p'ose Of'caff'ryinéinte 'efffe'ht the ' preyisions' ofthis Act.

(2) Every rule made under this Act shall be .laid as soon as may be, after it is made, 'Ibefo'r'e'Tthe '.St'ate' Legis'i'a'thi-e while it is in Session forthe'total period of fourteen days Which" may be comprised in onesession or in two successive sessions, and if,' before the expiry of thesession in which it is so laid or the session immediately following, the be, so however, that any such modiﬁcation or annualment shall be without prejudice to the validity of anything previously done or committed to be done under that rule.

(flannewﬂ. ("lame ~55. {?lnuueww. Clauw~~~51 leme «58. Elena: :m59. lemc-v-GO. Qluuue ~ 61. Clauw—GZ. ﬁlauaew—bs. Clausc—M. Glause—GS. Clausc—66. ClauIe—67. Cluu5e~68. Clause - 69. Clause—70. Cluuse—71 . Cluuse—72. Clause—73. Cltluse—74. Cluuse—75. Clause ——76. Clause —77. (Tlause—78. Clause—'79. ('lause—SO. Ciause—81 . Clause—82. '41

Serving notice of demands for payment of betterment levy. Indicates the method of payment of contribution. Payment by occupins.

Protection frOm liabilities for damages. Deﬁnes the power to requisition services of labour in emergency. Provides for the preparation of a list of able bodied persons. Deﬁnes the powers to enter and remove obstruction in .utgency. Appeal for revision of wages.

Prohibition of encroachments.

. Enactment of encroachers. .Provides for issue of notiﬁcation declaring intention _to construct drainage works.

Provides for the preparation of a scheme for ﬁeld drains. Indicates the conditions for award of compensation. Deﬁnes the limitation of claims of compensation. Tendering of compensation for entry damage etc. Stipulates the methods for assessing and awarding compensation} Provides for appeals against compensation.

,Paymcng of compensation and interest thereof.

Provides for enquiry into disputes connected with the distribution and_ use of water '

Provides for prohibitiOn for integference and obstruction. Provides for the removal of enchroachers.

Provides for maintenance of tanks, pondsgwells etc. Provides for prohibiting operation of mining/quarry works in the vicinity of irrigation works.

Prevides for the prohibition of well excavation in the Vicimty of11'riga- tion works.

Provides for prohibiting ﬁshing and plying of vessels. Prohibition of letting out water.

Prohibition of obstruction of water without authority. , Prohibition of earth deposit and produce of mines.

Provides for the prevention of pollution.

Clause— 83. ClauSe— 84. Clause— 85. 'Clause— 86. Clause— 87. Clause— 89. Clause—— 90. Clause— 91. CIause— 92. Clause- 93. Clause— 94. Clause— 95. Clause— 96. Clause— 97. Glause— 98. Cianse— 99. Clause~100.

Provides for the levy of penalty for offences committed under the Act.- Penalties'for violation at section 82 of the Act. EmpOWers to order for restoration and repair of damages anti obstructions.

Provides for levy of penalty for abetment and attempt to commit oﬂ'e'nees.

Serving of prosecution under' other laws.

ProCedure in office under the Act.

Powers of Ofﬁcers to arrest offendevs.

Power to order reward out of ﬁne. '

Procedure to be adopted in, case oftoﬁ'enee's committed by a Company. ' '

Composition of oﬁenders.

Procedhre for recovery of cost of repairs.

Procedu're- for recovery of sums due under the Act:

Provides fer the appointmeng of ofﬁcers under the Act

and investing them with powers. _ Powers to summon witnesses and documents; Section for prosecution and ﬁling suit and bar of legal proceedings {01"

acts done in spot!" faith.

Entrustment of'power to village 'Panchayatx.

Entrustment to Co-operative Soeieties.

This clause empowers the State Government to make Rules consistent with the provisions of the Act.

IRRIGATION BILL 1N MANIPUR

s'i'A'TEMEN'r OF REASONS JUSTIFYING THE 1311.1, l, The, ("unmitution of India empowers the States to enact hegislations

fglmidittg Wutcr i. e. Water Supplies, Irrigation, Can als, Water Storage and

Water l'owm',

g, No legislation has been enacted regarding water so far in the State

at Munipur.

\. linactment of Irrigation Bill is immediat ely required for controlling

and rr'uulnting the following aspects :— (m application of water for public purpose. (m mustruction of irrigation worksincluding water cou rses, ﬁeld channels

tmd lields dtainsﬁ1

(a) regulation of irrigation supplies.

(d) levy of betterment contribution and w ater rates.

(cl requisition of labour and materials in emergency.

0') settlement of disputes.

(13) protection cf irrigation works including oﬂ'ences and penalties.

4. The present bill seeking to provide f or use and control by the State for public purposes the water of all the rivers and streams ﬂowing in natural channels, of all lakes and other natural collection of still water and to that end ennct law relating to irrigation levy and asseSSment of water rates and hettetment contribution. S. The enactment of Irrigation Bill

for the State has become very urgent

for proper management of the comm

anded areas which Will be provided

with

imitation facilities through different

types of Irrigation Frojects shortly.

m In order to realise some revenue

fYOm those projects to meet at least

I [mt't uf the running and maintenanc

e expenditure, the various users are

prunmetl tn he charged with water

rates at speciﬁed rates for different cr

ops.

This is expeeted to yield an annhal reve

nue of about Rs. 17.80 lakhs. Thus,

there Will he 11 deﬁcit of about Rs. 2

5.42 lakhs which has to be met from other ruonruci.

7. The above deﬁcit will he in the operation of Loktak Lift IrrigationProject (Phase-I) where the power required for operating the pumping setsis being made available by Diesel Generation. Even though the power byDiesel Generation is costly, we are to resort to it only for commencingirrigation in the Loktak Command immediately. However, position will be reserved when once power from the Loktak Hydel Project becomes available.This will be in a period of about three to four years, from now. Duringthis period, the irrigation in the commanded area of all the Projects wouldhave been fully established and possibilities of increasing water rates to realiSemore revenue can be considered for adaptation.

Manipur act 003 of 1978 : The Manipur Irrigation Act, 1978

SECTIONS