LexThe Chhattisgarh Irrigation Act 1931
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actTHE MADHYA PRADESH IRRIGATION ACT, 1931 61
(No. 3 oJ 1931)
TABLE OF. CONTENTS
Sections :
Preamble :
I. Short title, extent and commencement.
2. Interpretation.
3. Canal.
4. Water-course.
4-A. Field channel.
5. Canal system.
CHAPTER-I
Definitions
6. Private irrigation work.
6-A. Private water course.
7. Grant-in-aid irrigation work.
8. Commanded.
9. Wet.
10. Irrigable.
11. Outlet.
12. Chak.
12-A.Compulsorily assessed area.
13. Occupier.
14. Permanent holder.
15. Canal Revenue.
16. Water rate.
CHAPTRER-II
Canal Officials and their Charges and Powers
1 7. Canal officers.
18. Canal charges
18-A. Additional canal officers.
19. Subordination of canal officers.
20. Canal Deputy Collectors.
21. Canal Subordinates.
22. Power to allot duties among canal officers.
23. Appeals.
24. Revisions.
25. Canal officers to have certain powers of Civil Court.
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62 THE MADHYA PRADESH IR.R.IGATION ACT, 1931
CHAPTER-III
Rights in Water
Sections:
26. Government's right in water.
27. Bar of accrual of rights in water to the detriment of a pro
jected canal.
28. Bar of accrual of rights in water to the detriment of an
existing canal.
29. Rights to supply of water from a canal.
30. Compensation for damage.
CHAPTER-IV
Construction and maintenance ef canals
31. Power to enter and survey, etc.
32. Power to enter for repairs and to prevent accidents.
33. Power to prohibit obstructions or to order their removal.
34. Power to remove obstructions.
35. Government to provide means of crossing canals.
36. Power to impress labour in emergency.
CHAPTER-V
The Supply of water from canals and charges therefor
37. Purposes for which water may be supplied.
37-A. Reduction or remission of charges for supply of water.
37-B. Submerging tank.
38. Supply of water on demand.
39. Supply of water to supplement village tanks.
40. Supply of water for industrial, urban or other purposes.
40-A. Supply of water to compulsorily assessed area.
41. Control of supply of water from outlets.
42. Power of State Government with regard to irrigation from
private irrigation works.
43. Unauthorised use and waste of water.
44. Rates for unauthorised use and waste of water.
44-A. Discharged waste water to vest in State Government.
44-B. \Vater rate for utilisation of drain out water from
submerging tank.
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Sections :
THE MADHYA PRADESH IRRIGATION ACT, 1931
CHAPTER-VI
Irrigation agreements
45. Power to make irrigation agreements.
46. Scope of irrigation agreements.
4 7. Main incident of irrigation agreements.
48. Consent to agreement where land is in possession of
subtenants.
49. Consent to agreement where land is held jointly by pro
prietors.
50. Consent to agreement where land is held by non-resident
proprietor.
51. Special rule when all permanent holders do not consent.
52. No consent to be presumed without previous notice.
53. Inclusion of wet land.
54. Inclusion of land irrigated by lift.
55. Cancellation of agreement by mutual consent.
56. Cancellation of agreement for failure to maintain water
courses.
57. General Power to cancel agreements.
58. Power to make rules.
CHAPTER VI-A
Betterment Contribution
58-A. Definitions of "new canal" and "commanded area".
58-B. Omitted.
58-C. Levy of betterment contribution.
58-D. Notification of commanded area by State Government.
58-E. Proclamation by Authorised Officer.
58-F. Enquiry by Authorised Officers.
58-G. Powers of Authorised Officer.
58-H. Determination of betterment contribution payable
by holders.
58-HH.Appeal
58-HHH. Finality of award.
58-I. Suspension of payment of instalment.
58-J. Betterment contribution to be recoverable as arrears of
land revenue.
58-K. Power to make rules.
CHAPTER-VI-B
Irril!,ation C:ess
58-L. Levy of Irrigation Gess.
58-IVL
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64 THE MADHYA PRADESH IRRIGATION ACT, 1931
CHAPTER-VII
Collection of Canal Revenue
Sections
59. Dates of payment of canal revenue.
60. Definition of arrear.
61. Mode of recovery Jf arrears.
62. Irrigation Panchayats.
63. Power to make rules for assessment and collection.
64. Mode of recovery of miscellaneous revenue.
CHAPTER-VIII
Construction and 'maintenance of water-courses
65. Power to make water-course contracts.
66. Scope of water-course contracts.
67. Consent in certain cases.
68. Water courses to ha property of Government.
68-A. Constructions· of water-courses for irrigating compulsorily
assessed area.
68-B. Construction of wat¢r-courses for irrigating a chak.
69. Irrigation Panchayait to be responsible for maintenance of
water courses.
70. Power to construct water-courses at cost of permanent
holders.
71. Water-courses to be an improvement.
72. Power to require raiyats in raiyatwari village to maintain
water-courses.
73. Power to have water-courses repaired.
74. Recovery of sums clue to State Government.
75. Power to make rules.
CHAPTER-VIII-A
Construction and maintenance ef field channels
75-A. Power to apply provisions of this Chapter.
75-B. Power to require permanent holders and occupiers to
construct or dig field channels.
75-C. Apportionment and recovery of expenses where work
undertaken by Executive Engineer.
75-D. Permanent holder or occupier to comply with the order of
Executive Engineer.
75-E. Maintenance of fi¢ld channels.
75-F. Obstruction or interference with water flowing in field
channel prohibited in certain cases.
75-G. Bar of suits and proceedings.
75-H. Power to make rules.
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Sections
76.
76-A.
77.
-o lo.
79.
80.
81.
82.
83.
84·.
85.
86.
87.
88.
89.
89-A.
89-B.
89-C.
89-D.
89-E.
90.
91.
91-A.
91-B.
91-C.
91-D.
91-E.
91-F.
91-G.
91-H.
91-I.
91-J.
91-K.
THE MADHYA PRADESH IRRIGATION ACT, 1931
CHAPTER-IX
Construction and maintenance of private irrigation works
Power to make grants or Joans for construction of private irrigation
works.
Grant of permission to permanent holder to construct dam, etc.,
in any river, natural stream, etc.
Power to enforce maintenance of grant-in-aid irrigation works.
Applications for acquisitions of land for grant-in-aid irrigation works
Demarcation of land required for grant-in-aid irrigation works and
estimate of cost.
Power of State .Government to direct acquisition of land for grant-in-aid
irrigation works.
Acquisiticn of land for grant-in-aid irrigation works.
Applications for acquisition of land for private irrigation works.
Inquiry to be made by Collector.
Demarcation of land required ,for private irrigation works and esti
mate of cost.
Power of State Government to direct acquisition of land for private
ir,igation works.
Acquisition of land for private irrigation works.
Conditions of delivery of occupation to applicant.
Delegation of powers by State Government.
Result of applicant's failure to construct work or comply with conditions.
Acquisition of th_e right of supply through an existing private water
course.
Construction of a private water-course.
Occasional supply of water through private water-Course.
Obligation of person owning or using private water-course.
Application of sections 89-A to 89-D.
Compensation for damage.
Power to make rules.
CHAPTER-IX-A
Requisitioning of tankes etc.
Commencement of Chapter.
Requisitioning of tanks, etc.
Payment of compensation.
Preparation of list of all land commanded by a tank.
Release from requisition.
Power to acquire requisitioned property.
Limitation for claims against the Government.
Power to remove difficulty.
Rules.
Delegation of power.
Interpretation.
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Sectio,1s
92.
93.
94-.
95.
96.
97.
98.
99.
100.
THE MADHYA PRADESH IRRIGATION ACT. 1931
CHAPTER-IX-B
Omitted.
CHAPTER-X
Rules, Offences and Re/1eals
Genera! provisions regarding rules.
Power to make rules.
Oflienn:s and penalties.
Compensation to private persons.
Power to order repairs to be done.
Power to remove · person caming mischief:
Power to arrest person causing mischief.
Cornpositiou of offences.
Repeah mi<l savings.
/'age
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1 l '.J
l 13
THE :NIADHYA PRADESH IRRIGATION ACT, 1931
(No. 3 of 193l)l
An Act to consolidate and amend the law relating to Irriga
tion in [1fadhya Pradesh]2.
Premrihlt
Whereas it is expedient to consolidate and amend the law re
lating to irrigation · in [Madhya Pradesh )2; and whereas the
Governor-General h as given his previous sanction to the passing of
this Act as required by sub-section ('.i) of section 8-A of the
Government of India Act;
It is hereby enacted as follows
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L ( l) This Act may be called the [Tvfadhya Pradesh}2 Short tit!l.l, ox tent aml
Irrigation Act, 1931. commcncem0nt.
[(2) It extends to and shall be in force Ill the whole of
Madhya Pradesh]3
CHAPTER..cl
Dff initions
2. (1) Unless there is anything repugnant in the subject or lntcrpr-~t<1t:on.
context, any expression used in this Act which is defined or
explained in the· Central Provinces Land Revenue Act, 1917
(II of 1917), or in the Central Provinces Tenancy Act, 1920 (I of
1920; 4 shall have the meaning therein assigned to it.
(2} Every expression, which is (iefincd or explained in ariy
part of this Act, is used in every part of this Act in conformity
with such definition or explanation.
3. ''Canal" includes- Canal.
f ( a) all canals, channels and reservoirs including submerg
ing tanks, tubewells, drainage works, and lift irriga
tion works constructed, maintained or controlled by
the State Government for the supply or storage of
water for irrigation; )5 ·· · ·
(b) all works, roads, embankments, structures, supply and
escape channels connected with, or constructed for
the purpose of facilitating the construction or
maintenance of such canals, charmels or reservoirs;
l. for Statemtnt of Objects and Reasons and Report of Select ( omrnittee,
see Central Provinces Gazette dated the 7th February, 1931 and 1st
August, 1931, Part VII, pages 9 to 34 and 4 7 to 69, respectively. For
dis~ussion, see c~ntral Provinces Legislative Council proceedings, 4ated
the 25th February, 1931 and 28th August, 1931, pages 296 to 299 and
169 to 193 of Volumes I and II. respectively. ·
2. Subs. by M. P. Act23 of 195.~, S. 3 (4), for. "the Central frovin<,:es and
Berar"
3. Subs. by S. 3 (3), Schedule,PartA, item 26, ibid.
4. Now see M.P. Land Revenue Code, 1959. (2() of 1959) .
. s. Sub. by M.P. A:t 42 of 1973, S. 2.
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Water-course,
Field chan ncL
Canal system.
Private irrigation work.
Private water cou,,c,
Grant-in-aid irrigation
work.
Commanded.
THE MADHYA PRADESH IRRIGATION ACT, 1931
(c) all uncompleted works which, when completed, will
fall within clause (a) or (b); and
(d) all land acquired or set apart for any of the above,
but does not include a water-course.
4. "Water-course" means any channel which is supplied with
water from a canal but is not maintained at the cost of the
Govnerment, and all subsidiary works belonging to)uch channel
[arid includes a field channel constructed in accordance with the
provisions of this Act. l
[4-A. "Field channel" means a channel which conveys
or distributes water from an outlet or an opening in a water
course for irrigation of fields belonging to private owners. J z
'
5. "Canal system" means all canals supplied from one or
mo~e common sources or head-works, together with all water
courses supplied therefrom and all lands commanded thereby.
6. "Private irrigation work" means a work, which is nr,t
the property of the Government, constructed or maintained for
the supply or storage of water for irrigation, [ and includes
a private water-c0urse.J3
(6-A. ''Private water-course" means a water-course
constructed at the cost of a permanent holder.]3
7. "Grant-in-aid irrigation work" means a private irrigation
work constructed or improved by or on behalf of a perma
nent holder partly or wholly by means of a grant of money from
the Government.
8. Land is said to be commanded by a canal when it ma" be
irrigated from that canal by the flow of water under gravity,
and .without the need of lifting or pumping the water [ ,._,.. ]4 :
Provided that jhe Executive Engineer, with the previous
sanction of the Superintending Engineer, may declare any land
to be not commanded if it can be irrigated only bi an excessive
expenditure of water or by means of a water-course wfrch passe;
through an area which the Executive Engineer considers it
desirable to aviod
Explanation.-Land which would not otherwise be comman
ded may become commanded by the construction of a crossing
for the passage of water across a natural drainage, channel or
ridge.
I. Added by M.P. Act 23 of 1960 S. 2.
2. Ibid. S. 3.
3. Ins'. by M. P. Act 23 of 1958, S. 3 (3) Schedule part A, item 26.
4. Wordi; "or of obstructing its flow in a canal or water course" on1itted by
C. P. and Jlerar Act 55 of 1948, S. 2.
THE MADHYA PRADESH IRRIGATION ACT, 1931
9. Land is .,aid to be wet-
:,._a/
( b)
"When it is clas,ed in the annual papers cf the
village under any clescripition Which the State
Government may, by rules made under this Act,
declare to have the meaning of "wet" for the pur
poses of this definition; or
when it has been declared bv the
gineer. with the sanction of · the
Engin~Tr, to be wet.
Executive En
Superintending
10. Land is said to be i,rigablc when-
,'.a) it is commanded bv a canal
: b: it lS under cultivation ;and
(c) it JS not wet.
[Explanation.-~-Land which has been cultivated with any
crop at any time during two yc:1r.5 r1-er-,:0ir1g t1nt +i:0m which
an irrigation agreement has effect shall be deemed to be under
cultivation.] 1
Wet.
Irrigable.
l 1. An "outlet" is ctn opening, constructed by [the State Outlet,
Governmcnt] 2 in a canal, through which water is delivered in•
to a water-course or directly on to any land.
12. (1) A "ehak" is that area of 1and on one side of a Chak.
canal, or below a tail, which would be commanded by a single
outlet so situated that it would eonunz1nd the greatest possible
area of land on that side of the canal in that neighbourhood.
Explanation.~The fact that, in order to secure a more
efficient flow of water, two or more outlets are constructed fot
one chak, does not convert that chak into two or more chaks.
(2) In cases of doubt, the Executive Engineer shall have
power to determine the boundaries of chaks ; and in all cases
he shall have power so to determine them that no single chak
shall include land in more than one village.
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[12-A. "Compulsorily as~cssed area" means an area ri.on
fied as compulsorily assessed to wa ter-ratc iu accordance \Vith
rules made under this Act and the cxpr,;ssion "compulsm·il.y
assessed" shall be c,ms1rued accor~lingly.] 3
Compulsorily ~sscssed
area.
13. .An "occupier" of land is any penon holding or profr·,,,
mg to hold the right to cultivate such land lc,r the tirw,: bt'ing.
f14·. ~\ "pcrman,:nt holder" of :mv land means the Bhumi
swami of such land and includes m1 ;ceupancv tenant therof.J 4
1. Subs. by C. P. an i lhrctr Act 55 of 1948, S. 3.
2. Subs. by A. 0 1937, for "Government".
3. lns by C. P. and Barar Act, 11 of 1945, S. ,-.
4. Subs. by M. P. Act 23 of 1960, S. 4.
Occupier.
Permanent !10Jder.
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Canal revenue.
Water-rate.
Canal officers.
Canal charges
THE MADHYA PRADESH IRRIGATION ACT, 1931
[15. "C'.ana] rcven.u..::~: ir-.c:udcs irrfrration ccss levied un
der chapter _\'I-D and 2.ll sums, p,,yablc t~ the Government for
the use of, n~ht to use of, or v·:1·,tc of water from, a canal.] 1
. 16. A "water-rate" is ,,tlie am?unt of canal revenue pay
able for the. use of water or 10r the nght to use water for irriga
tion for a smgle crop on one 2.cre of l:md.
Explanation,-A single crop includes t,rn crops of the
sm:rje product within the same year.
CHA.PTER-II
Canal q[ficials and their charges and J1owers
I i'. There shall be the following classes of canal officers,
namclv :
(a1 . ;
(b)
re) ' ' (d)
(e)
The Chief Engineer ;
Superintending Engin~ers
Executive Engineers ;
Sub-Divisional Officers ; and
Canal Deputy Collectors.
18. (1) The State Government may group together in
to circles areas in which canals have been or arc to be construct
ed ; and may divide circles in to divisions, and divisions into
mb-divisions.
(2) The State Government may at any time born new
circles, divisions or sub-divisions, abolish existing circles, divisions
or sub-divisions, or alter the limits of existing circles, divisions
or sub-divisions.
(3) The State Government shall appoint a Chief Eng
ineer to be in-charge of the irrigation department generally, a
Superintending Engineer to be in-charge of each circle, an Ex
ecutive Engineer to be in-charge of each division, and a Sub
Divisibnal Officer to be in charge of each sub-division.
'
(4) The State Government may appoint persons to be
additional canal officers in any sub-division, division or circle, and
may invest them with any or all of the powers of a Sub-Division.al
Officer, Executive Engineer or Superintending Engineer, re
spectivelv.
I ;
I
(5) The State Government may invest Superintending
Engineers with the power to appoint Sub-Divisional Officers to
sub-divisions within their circles.
Additional canal officers. ['18-A. The State Government may, by notification in
the Official Gazette, appoint the Canal Officers of any neigh
bouring State to be Additional Canal Officers in any sub-division
or circle of this State and to exercise such powers and to per
form such duties under this Act as may he specified in the noti
fication.]2
!. Subs. by M. P. Act 42 of 1973, S. 3.
2. Ins.1 by M. P. Act 23 of 1958, S. 3(3), Sche<lulc, Part-A, Item 26.
THE MADHYA PRADESH IRRIGATION ACT, 1931
19. The Chief Engineer shall be subordinate to the State
Government;
all other canal officers shall be subordinate to
the Chief Engineer;
all canal officers in a circle shall be subordinate
to the Superintending Engineer; and
all canal officers in a division shall be subordinate
to the Executive Engineer.
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Subordination of canaJ
officers.
20. (1) The State Government may :ctppoint a Canal Deputy Canal Deputy Collectors.
Collector to one or more divisions.
(2) A Canal Deputy Collector shall be subordinate to the
Executive Engineer of any division to which he i; appointed.
(3) The State Government may inve,t a Canal Deputy
Collector with any or all of the pDwers of a Sub-Divisional
Officer under this Act, and may invest a Sub-Divisional Officer
with all or any of the powers of a Canal Deputy Collector.
21. ( l) The Chief Engineer may. subject to rules made Canal Subordinates
under this Act, divide a sub-division into subordinate charges,
may appoint canal subordinates to such charges. and may
prescribe the duties of such subordinates.
(2) All canal subordinates in a sub-division shall be sub
ordinate to the Sub-Divisional Offiicer.
(3) The State Government may, by notification, id.vest
any canal subordinate ·with any of the powers of eanal officer,
except a power to decide appeal.
(4) The Chief Engineer may subject to rules made under
this Act delegate to Superintending· Engineers or to Executive
Engineers any or all of his powers under sub-section( I).
22. (1) \Vhen under this Act any duty is to be perfomed
or power is to be exercised by a canal officer, and the class
of canal officer is not specified, rules made under this Act
regulating the performance of such duty or exercise of such
power may prescribe the class of canal officers by which it is to
be performed or exercised.
(2) In addition to the above, rules may be made under
this Act prescribing generally the class of canal officer who is
to perform any duty or exercise any power which, under this Act,
is to be performed or exercised by a canal officer.
(3) \'\'hen the class of canal officer who is to perform any
duty or exercise any power under this Act is not prescribed
under sub-section (I) or sub-section (2), such duty shall be
performed or such power exercised by the Sub-Divisional Officer.
Power to allot duties
among canal officers.
•
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Appeals.
•
THE M/\DHY,\ PRADESH IRRIGATION /\CT, J931
2'1. : ]) Save as provided for in this Act and the rnlcs made
thereunder, ]JC, appeal shall lie from an order passed ll\ a Com
missioner, ! Collector] 1, canal officer, or canal subordinalc.
I')) \-. The
(a)
follo,1ing appeals shall lie--
if an order under section 34 is passed by a
[_Collector Jl, or canal officer, to the Commis
sioner;
(b) if an order under section 38 is passed by a
canal officer subordinate to the Executive Engi
neer, to the Executive Engineer;
(c) if an order under section 44 is passed by a canal
officer, to the r Collector] I ;
(d) if an order under section 117 is passed by a canal
subordinate; to the Canal Deputy Collector or
Sub-Divisional Officer; and, if it is passed by a
Canal Deputy Collector or Sub-Divisional Officer
otherwise than on appeal, to the Executicve
Engineer;
(e)
(f)
(g)
if an order under section 56 is passed by a Super
intending Engineer, to the Chief Engineer;
if an order under sub-section ( 1) of section G2 is
passed by a [Collector] 1, to the Commissioner; and
if an order
Executive
Engineer.
under section 73 is passed by an
Engineer, to the Superintending
(3) No appeal shall lie-
\ a; to the Commissioner or Chief Engineer-after the
expiration of sixty days from the date of the order
to which objection is made; or
(b) to the [ Collector JI, Superintending Engineer or
Executive Engineer-after the expiration ofthi.rty
days from the date of the order to which
objection is made; or
( c) to the Canal Deputy Collector or Sub-Divisional
Officer- . after the expiration of ten days from the
date of the communication of the order to which
objection is made:
Provided that no appeal shall iie to the [CollectorJ I against
an order passed by an Executive Engineer under section 44
either after the expiration of thirty days from the date of such
order or after the cutting or the crop for ,vhose irrigation the
wa1 er was supplied.
(4) An appeal may be admitted after the period of limita
tion prescribed therefor if the applicant satisfies the appellate
authority that he had sufficient cause f;r not preferring the
· ppeal within such period.
l. Subs. by M. P. A. 0. 1956, for "Deputy Commissioner."
...
..
Tlffl MADHYA PRADESH IRR1GATION ACT, 1931 73
(5) No appeal to a canal officer shall require to be stamped.
(6) No legal practitioner shall be permitted to appear in
any appeal under this Act or under the rules made thereun
der except in appeals before the Commissioner.
(7) Rules may be made under this Act providing for appeals
from the orders of canal officers and canal subordinates, regula
ting the procedure to be followed in such appeals, and prescri
birn.-, periods of limitation therefor. L)
(8) Such rules may require that specified appeals or classes
of appeals shall lie only to a specified revenue officer.
24. A Commissioner may, at any time, inquire into the Revision.
propriety of any order passed by a [Collector] 1 who is subordi-
nate to him, and any canal officer may, at any time, inquire
nto the propriety of any order passed by a canal officer or
canal subordinate who is subordinate to him, and may pass
such order in reference thereto as he may think fit:
Provided that he shall not reverse or vary any order so
as to affect adversely the rights of any private person without
having given to such person an opportunity to be heard.
[25. The Canal Officer conducting an enquiry in the disch
arge of his duties under this Act, or the rules made thereunder
shall have the powers of a civil court under the Code of Civil
Procedure, 1908 ( V of of 1908), for the purposes of receiving
evidence, administering oathes, enforcing the attendance of witness
and compelling the discovery and production of documents and
all such proceedings under this Act and the rules made
thereunder shall be deemed to be judicial proceedings within
the meaning of section 228 of the Indian Penal Code, 1860
(No. 45 of 1860) ]. 2
CHAPTER-III
RIGI-J TS IN 111A TER
Canal officers to have
certain powers of ci vii
court·
26. All rights in the water of any river, natural stream or Government's right in
natural drainage channel, natural lake or other natural collection water,
-of water shall vest in the Government, except to the extent to
which rights may have been acquired in water affected by a
notification published under section 27 prior to the publication
of such notification.
27. When the State Government proposes to construct a
canal, it shall publish a notification declaring its intention and
indicating the site of the head-works, and thereupon no
right shall be acquired against the Government under section
15 or section 16 of the Indian Easements Act, 1882 ( V of
1882 ), in the water of any river, natural stream or drainage
channel, lake or other natural coliection of water, any of whose
waters will supply the canal when constructed.
I. Subs. by M.P. A. 0. 1956, for '·Deputy Commissioner".
2. Sub. by :M. P.Act, 42 of I 973, S. 4.
Bar of accrual of rights
in water to the detriment
of a projected canal.
74
Bar of accrual of rights
in water to the detriment
of an existing canal.
Rights to supply of
water from a canal.
Compensation for
damage.
Power to enter and
survey, etc.
THB MADHYA PRADESH IRRIGATION ACT, 1931
28. No rights shall be acquired against the Government
under section 15 or section 16 of the Indian Easements Act,
1882 (V of 1882 ), in the water of any river,. natural stream
or natural drainage channel, lake or other natural collection
of water, any of whose waters supply a canal existing or under
construction at the commencement of this Act.
29. No rights shall be acquired against the Government,
whether under section 15 or section 16 of the Indian Easements
Act, 1882 (V of 1882), or otherwise, to the supply of water
frotn a canal, save in accordace with the provisions of this
Act or under a grant from the Government.
30. (1) No claim for compensation shall lie against the
Government for any damage arising from-
(a)
(b)
(c)
the stoppage or diminution of the percolation or
flow of water; or
the deterioration of climate or soil ; or
the stoppage of navigation, or of the means of
drifting timber or watering cattle:
Provided that compensation shall be payable
where, as a result of the construction of a canal,-
-
(i) the rent or revenue of any land has been
reduced, or
(ii) the supply of water to or from a tank or other
constructed work has been diminished.
[ (1-A) In determining the amount of such compensation,
regard shall be had to the diminution in the market value,
at the time of awarding compensation of the property
in respect of which compensation is claimed and where
such market value is not ascertainable the amount shall
be reckoned at fifteen times the amount of the diminution
of the annual net profits of such property, caused by
the exercise of the powers conferred by this Act. ]1
(2) Claims under this section may be enforced by applicae
tion made to the [Collector] 2 within one year from the reduc
tion of the rent or revenue, of the diminution or the supply.
(3) Any person aggrieved by the decision of the [Collector]2
under sub-section (2) may, within six months from the date of
such decision, institute a suit in a civil court to have such decision
set aside or modified.
CHAPTER-IV •
CONSTRUCTION AND MAINTENANCE OF CANALS
31. (1) Any ca~al officer, or any person acting under
the general or special order of a canal officer, may-
1. Ins. by M. P. Act 23 of 1958, S. 3. (3). Schedule, Part A, item 26.
2. Subs. by M. P. A. 0. 1956 for "Deputy Commissioner."
THE MADHYA PRADESH IRRIGATION ACT, 1931
(a) enter upon any lands adjacent to any canal or
water-course or through which any canal or water-course
is to be made, and undertake surveys or levels thereon;
( b) dig and bore into the sub-soil;
(c) make and set up suitable land-marks, level-marks,
water-gauges and other apparatus;
(d)
(e)
'{j)
do all other acts necessary for the proper prosecution
of any inquiry relatinng to any existing or projec
ted canal or water-course under the charge of the
said canal officer;
where otherwise such inquiry cannot be completed,
cut down and clear away any part of any standing
crop, fence or jungle; and
enter up on any land or building for the purpose of
inspecting or regulating the use of the water suppli
ed, or of measuring the lands irrigated thereby or
chargeable with canal revenue and of doing all
things necessary for the proper regulation and
management of any canal:
Provided that, if such canal officer or person pro
s;isod to enter into any building or any enclosed court
to a attached dwelling-house, he shall give the occupier of
such building or court at least three days, notice in writing
of his intention to do so.
(21 After entry under this section, the canal officer shall,
befor: leaving, tender compensation for any damage which
may have been caused by any proceeding under this section;
and in case of dispute as to the sufficiency of the amount so
tendered, he shall refer the matter for decision by the [Collector]l
such decision shall be final, and no suit shall lie in a civil
court to have it set aside or modified ..
32. (1) In case of any accident happening or being appreh
ended to a canal, any canal officer or canal suborodinate, or
any person acting under his generl. of special orders in this
behalf, may enter upon any lands adjacent to such canal,
and may execute all works waich may be necessary for the
purpose of repairing or preventing such accident.
(2) In every such case the Executive Engineer shall tender
compensation to the proprietors or occupiers of the said
lands for all damage caused thereto. If such tender is not
accepted, the Executive Engineer shall refer the matter to the
[Collector] l , and compensation for the damage shall be
determinea as though the State Government had directed the
occupation of the land under Part VI of the Land Acquisition
Act, 1894 ( l of 1894).
1. Subs. byM. P. A. 0. 1956 for "Deputy Commissioner."
75
Power to enter for rep.
airs and to prevent
accidents.
16 THE MADHYA PRADESH IRRIGATION ACT, 1931
Power to prohibit obstru
ctions or to order their
removal.
Power to remove
obstructions.
Government to provide
means of crossing canals.
3$. Whenever it appears to the State Government
that injury to any land or to the public health or public conven
ience has arisen or may arise from the obstruction of any river,
stream or drainage channel, it may, by notification published in
the Official Gazette,. prohibit, within limits to be defined in
such notification the formation of any obstruction, or may, within·
such limits, order the removal or modification of sueh obstruction.
I
34. ( 1) The [Collector] 1 or any canal officer authorised by
the State Government in this behalf, may, after such publica
tion,
1
.issue an other to the person causing or having control
over ~ny such obstruction to remove or modify it within a
time fixed in the order ..
(2) If, within the time so :fixed, such person does not com
ply with the order, the [Collector] 1 or side canal officer
may 1;emove or modify the obstruction, and the expenses incur
red in such removal or modification shall be recoverable as
arrears of land revenue.
35. (1) In accordance with rules made under this Act a
revenue officer and canal offiicer shall make a joint inspection of
tl: c alig:1ment of all canals to be constructed and maintained at
the cost of the Government, and shall make a second joint
inspection of all such canals after not less tha:µ three yers from
the co)npletion of such canals and shall report to the [Colleetor]l
where,, in their opinion, means of crossing such canals should
be provided for the reasonable convenience of the inhabitants
of the adjacent lands.
(2) The State Government shall cause
crossing such canals to be ~onst_ructed the
ernment at such places as 1t thmks fit.
suitable means of
cost of the Gov-
(3) If at any time after the second of such inspections five
or more of the permanent holders of such lands apply to the
[Colleator]I for the construction of further means of crossing,
he shall cause an inquiry to be made and, if he thinks that fur
ther means of crossing should be constructed, he shall for
ward his opinion to the State Government, which shall cause
such measures to be taken as it thinks proper:
Provided that, if the local inhabitants deposit, half the est
imated cost of constructing such a means of crossing for the
passage of traffic, the State Government shall cause it to be con
struc,ecl, such crossing to be the property of the Government;
and if the estimated cost exceeds the actual cost, [the State
Government shall refund )2 half the difference:
Provided further that, if the [Collecor] ,1 has once caused
an inqu;;iry to be made under this _secti_on, it shall not b~ necess
ary for· him to cause a second mqmry to be made mto the
same matter.
l. SuL,s~ by M, P. 1\. d. 19)6, fur "Deputy Con1mbsioner".
2. Sub8. by A. 0. 1937- for ''G,:_,,vernmcnt ~ha!: r,'.fund".
11IE MADHYA PRADESH lRRlGATION ACT, 1931
(4) J:',;o suit slnlllic in a civil court against the Government
to enforce the construction cf a crJssing of a canal, or to
enforce the alteration of a crossin:_; or for compensation for
damage arising from the absence orinadequacy ofany crossing,
or to modify or set aside any scheme framed or order passed
under this section.
Explanation.-Suitable means of crossing canals include
means for the passage of traffic and of watc;".
77
36. (1) Whenever it appears to the Executive Engineer, or to Pqwer to impress labour
any Sub-Division al Officer acting under his general or special in emergency
orders in this behalf, that, unless some work is immediately
executed, such serious damage will happen or continue to any
canal as is likely to e~. use or continue to cause serious public in-
jury or serious interruption of the normal course of irrigation,
and that the labour necessary for the proper execution there
of canot be obtained in the ordinary manner in time to pre
vent such injury or interruptiori or to remedy it within a reaso
nable time,
the Executive Engineer,oranySub-Divisional Officer acting
under the said orders, may by public proclamation by beat of
drum, require every permanent holder and occupier of irrigable
land resident in any village within five miles of the place where
the work is to be executed, and every ,,gricultural labourer employ
ed by them, to attend in person at such place and to carry
out such duties as may be allotted to them.
(2) If, in the opinion of the Executive Engineer, or of any
Sub-Divisional Officer acting under the said orders, the amount
of labour likely to att,nd in pursuance of an order under sub
section ( l) is not sufficient, he may at any time in like manner
. and subject to the same conditions, issue a like order requiring
tne attel1ll..inc [of all pctsons]l resident within five miles of
the plaee where the work is to be executed.
(3) The rates or wages to be paid for such ,vork shall
exceed those current in the neighbourhood for similar ,sork,
and any person attending in compliance which the proclamation
shall be paid for the whole period during which he is thereby
preven t,cd from following his ordinary occupation.
~ (4) No person shall be required to carry out any duties
under this s,'.stion for which such person is unfitted by rer,son
of agc,sex [or bodily infirmity.]2
l. Sabs by M. P. Act 2 of 1953. S. 2 (1) for "of all cultivaters or of all
agricultural labourers, or of both".
'2. Sub,. by S. 2 (ii).i bid for '·bodily infirmity of social position"
78 THE MADHYA PRADESH IRRIGATION ACT, 1931
CHAPTER -V
TI-IE SCPPLT OF TVATER FRO.NJ CANALS .UvD
CHARGES THEREFOR
Purpose for which water 37. (1) ·water mav be supplied from <i- canal -map be supplied. ·
Reduction or remission
or charges for supply of
water.
Submerging tank.
(a) under an irrigation agreement, in accordance with
the provisions of Chapter VI ;
( b) on demand, for the irrigation of specified areas ;
(c) to supplement a village tank ;
(d) for industrial, urban or other purposes not con
nected with agriculture ;
(e) for the irrigation of a compulsorily assessed arca.] 1
_ _ (2) Charges for the supply of water under clause (a),
[ (b), (c) or (e) J2 of sub-section (1) shall be paid at such rates
as !illay be fixed by the State Government in accordance with
rule~ made under this Act.
[37-A. Notwithstanding anything contained in this Act
or the rules made thereunder, the State Government may, by
notification, reduce ,or remit the whole or any part of the charges
for the supply of water under sub-section (1) of section 37.]3
_ [37-B. (1) The State Government may, on an appli
cation made by not less than fifty per cent of the permanent
holders and occupiers of land in any particular area for constuc
tion; of a submerging tank in that area, undertake the construc
tion• of such tank at the cost of the Government subject to such
terms and conditions as may be prescribed.
(2) "\'\There the State Government undertakes to cons
struct a submerging tank under sub-section (1 ), the terms and
conditions prescribed under sub-section (1) shall be binding on
all the permanent holders and occupiers of ]and likely to be cover
ed by the submerging tank irrespective of the fact whether they
are signatories to the application or not.
: (3) 'Where submerging tanks constructed and maintained
by the State Government ate in existence prior to the commence
ment of the Madhya Pradesh Irrigation (Amendment) Act,
1973, the terms and· conditions prescribed under sub-section (1)
shall be binding on all the permanent holders and occupiers of
lands covered by the submerging tank.
(4) The Canal Officer or any other officer authorised· for
execution for the purpose of this section shall during the period
between 15th September and 1st October every year, in the pre
scnd: of t1Je permanent hoJders and occupiers or their representa
tives-fin-interest mark out the land actually submerged under
water of the submerging tank in the vmage map by a contour
line and obtain signatures on the map of the permanent hoders
and occupiers or their representatives-in-interest present on the
spot.
!. Jn5. !,y C. P. and Berar Act 11 rf E45, S. 3 (i).
2. Sub. by S. 3 (ii), ibid, fo, "(b) or (c)"
3, Iris. by C. P. and Berar Act 55 of 1948, S. 4.
•
1HT MADHYA PRADESH IRRIGATION ACT, 1931
(5) The permanent holders and occupiers of lands with
in the contour line on the map sh~ll l:c liable to pay water-rate
at such rates as may be determined by rulcs.]1
38. ( 1) Water may be supplied from a canal at any
time for the irrigation of specified areas at the discretion of
the Executive Engineer.
(2) vVater supplied on demand shall be paid for accord
ing to the area actually irrigated. In the determination of such
area the decision of the Executive Engineer shall be final and
shall not be mdificd or set aside by any civil court.
The water-rates for such supply are called "demand rates"
(3) Rules may be made under this Act regulating the
procedure cf canal officers in reciving applications for water on
demand, in supplying water on demand, and in assessing canal
revenue.
39. (1) Water may be supplied at any time to supple
ment a village tank at the discertion of the Executive Engineer.
(2) Rules may be made under this Act prescribing the
conditions on which water may be supplied under this seciion,
and regulating the procedure of canal officer, in giving such
supply.
40. The conditions for the supply of water for industrial,
urban or other purposes not connected with agriculture, and
the charges thereor, shall be as agreed upon between the State
Government and the company, firm, private person or local body
concerned and fixed in accordance with rules made under th!s
Act.
time
rules
[40_-A_. (1) Water may be supplied from a canal at any
to Jrngatc a compulsorily assessed area in accordance with
made under this Act.
(2) Rules may be made under this Act prescnomg the
conditions on which water may be supplied under this section,
and regulating the procedure of canal officers in giving such
supply.] 2
41. '\Yater for the irrigaiion of land, or to supplement
village tanks, or for an industrial, urban or other puropose not
connected with agriculture, may be taken only from such
outlets as mav be determined from time to time bv the Executive
Engineer for 'the special needs of such land, system. or purpose.
42. If, as a result of the construction of a canal,the area
irrgated fr0m any private irrigation work in its proximity is
increased beyond the area recorded as irrigable at the last set
tlement, the state Government may, witl10ut prejudice to its
rights, if any, recorded at such settlement, direct that such water
rate as it may deem fit shall be charged on such increase of area:
1, Ins. by M. P. Act. 42 of 1973, S. 5.
2. Ins. by C. P. and Bearar Act, 11 of 1945, S. 4
Supply of water on
demand.
Supply of water to
supplement village
tanks.
79
Supply of water for
Industrial, urbin oi:
other purposes.
Supply of water to
compulsorily assessed
area.
Control of supply of
water from cutlets.
Power of State Govern
ment with regard to
inigaticm from private
irrigation works.
/
80 THE MADHYA PRADESH IRRIGATION ACT, 1931
Unauthorised use and
waste of water.
Rates for unauthorised
use and waste of water.
Provided that no water-rate shall be charged, if on inguirY
it is found that the increase in the area has been due to an Y
; mprovcment of the private work since the settlement.
43. (1) Water is said to be used in an "unauthoridsed''
manner when its use gives rise to, or may be expected to give
rise to, benefits of any kind and,·-
(a)
(b)
when it is allowed or caused to flow on to land, or
into a village tank, or into a private system of irriga
tion, or into any system for the supply of water for
an industrial, urban or other purpose not connected
with agriculture, so that the owners or occupiers of
such land or system thereby obtain for such land
or system · water to which they are not entitled
under the provisions of this Act or of the rules or of
any agreement or contract made thereunder; or
when it is taken from any canal, outlet or water
course in contravention of any of the provisions of
this Act or of the rules made thereunder or of any
order by a canal officer passed thereunder.
(2) Water which is allowed or caused to escape from a canal,
water-course or field in such a manner that no benefits arise from
its consumption is said to be "wasted".
44. ( 1) Cultivated land on which water has been used in
an unauthorised manner shall be subject to the payment of
water-rates; such rates are called "rates for unauthorised use".
(2) Rates for unauthorised use shall be payable by the occu
piers of the land concerned:
Provided that, if such occupiers can prove to the satisfaction
of a canal officer that the unauthorised use was due to the act
or omission• of another person, the canal officer may levy such
rates, or aportion thereof, from such other person.
(3) When ,vater is used in an unauthorised manner other
wise than on cultivated land, the Executive Engineer may make
an estimate of the volume of water used, and may determine the
pers~ms responsible for such use and the persons who have been
benefited thereby. Such ·water may be charged for at bulk
rates to be prescribed from time to time by the State Govern
ment, and the charges shall be distributed among the persons
responsible and the persons b~·nefited by such use at the discre
tion of the Executive Engineer.
(4) When water is wasted, the Executive Engineer may make
an estimate of the volume of water wasted, and mav deter
mine the persons responsible for such wastage. Such water rn.ay
be charged for at bulk rates to bExcerpt shown. Open the full act in Lexace.