The Goa Command Area Development Act, 1997

The Goa Command Area Development Act, 1997
(Goa Act No. 27 of 1997) [8-9-1997]
AN
ACT
to provide for accelerated increase in agricultural and allied production in the State of
Goa,  through  a  programme  of  comprehensive  and  systematic  development  of
command areas on scientific and modern lines, comprising measures for optimum
use of land and water, prevention of land erosion and water logging, improvement of
soil fertility and regulation of cropping pattern, and for proper maintenance and up-
keep of irrigation systems in the State of Goa for ensuring maximum benefits to the
cultivators under the command areas and for matters connected therewith. 
Be it enacted by the Legislative Assembly of Goa in the Forty-eighth Year of the
Republic of India as follows:—
CHAPTER - I
1. Short  title, extent and commencement.—  (1)  This Act may be called the Goa
Command Area Development Act, 1997.
(2) It extends to the whole of the State of Goa.
(3)It shall come into force on such date as the Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different areas of the
State of Goa.
2. Definitions.— In this Act, unless the context otherwise requires,—
(1) “Command area” means an area irrigated or capable of being irrigated either by
gravitational flow or by lift irrigation or by any other method, under any major or
medium irrigation system, project, to be specified by notification by CAD Board;
(2) “Command area development work” means any work undertaken under this Act;
(3) “Comprehensive command area development” includes,—
(a) systematic land development for conservation of land and water;
(b) water use management for optimum use of water, including irrigation by turns,
volumetric measurement of water and other enabling measures to avoid waste water
logging, salinity, alkalinity and the like;
(c) conjunctive use of surface and ground water for multiple cropping and proper
utilisation of available water resources;
(d) regulation, maintenance and repairs of irrigation systems;
(e) bringing the land records upto date for consolidation of land holdings, land
survey and mapping;
(f) realignment of field boundaries and consolidation of land holdings under a pipe
outlet or under an adjacent pipe outlet, for efficient farm management;
(g) grouping of small holding in a contiguous area nearer the outlet and larger ones
further away;
(h) all  round development  of  the  farms  in  the  areas  pertaining  to agriculture,
horticulture, sericulture, farm forestry, animal husbandry, fisheries, communication,
agro-based industry and co-operation;
(4) “Command Area Development Board” or CAD Board means a statutory body
constituted under section 3 of the Act;
(5) “Chairman”  means the Chairman of the Command Area Development Board
unless and otherwise specified/referred as Chairman(s) of any other Body, Institution,
Corporation etc. under this Act;
(6)  “Credit  Incharge”  means  an  Officer  of  the  rank  of  Assistant  Registrar  of  
Co-operative  Societies  of  the  office  of  the  Registrar  of  Co-operative  Societies  on
deputation to CAD Board;
(7) “Deputy Director of Agriculture” means an Officer of CAD Board not below the
rank of a Deputy Director of Agriculture of Agriculture Department deputed to the
CAD Board;
(8) “distribution system” includes:—
(a)  all  main  canals,  branch  distributories,  minor  canals  and  water  courses
constructed for the supply and distribution of water for irrigation;
(b) all works, structures and appliances connected with the distribution of water for
irrigation;
(c) all field channels and farm channels and related structures under a pipe outlet;
 (9) “drainage system” includes:—
(a) channels, either natural or artificial for the discharge of waste or surplus water
and all works connected therewith or ancilliary thereto;
(b) escape channels  from  an irrigation  or distribution  system  and other  works
connected therewith but does not include works for removal of sewage;
(c) all connecting drains and main drains to drain off surplus water from field
drains;
(d) all field drains and related structures under pipe outlet;
(10) “Executive Engineer/Canal Officer” means an Officer of the rank of Executive
Engineer of a Works Division of  1[Department of Water Resources] on deputation to
CAD  Board  with  all  powers  as  delegated  to  the  Officer  of  equivalent  rank  in1[Department  of  Water  Resources]  and  in  addition  the  powers  of  Canal  Officer
empowered by the Goa, Daman and Diu Irrigation Act, 1973 (Act 17 of 1973);
(11) “farm road” means a road serving lands under a pipe outlet;
(12) “financing agency” means any commercial bank or any co-operative society,
including a co-operative agricultural development bank, the main object of which is to
lend money or any Regional Rural Bank established under the Regional Rural Banks
Act,  1976  (Central  Act  21  of  1976);  and  includes  any  other  agency  selected  for
providing credit facility for comprehensive command area development;
(13) “field channel”/“water course”  means a channel constructed or to be constructed
by  the  Government  or  by  the  land  holder  or  by  any  other  agency  to  receive  and
distribute water from a pipe outlet and having capacity not exceeding 0,042 cumec.
discharge or 421  litres per second;
(14) “field drain” means a channel excavated and maintained by the land holder or by
any other agency on his behalf to discharge waste or surplus water from the  land
holding under a pipe outlet; and includes drains, escape channels and other similar
works constructed or to be constructed and maintained by the owners or occupiers or by
the Government;
(15) “Government” means the Government of the State of Goa;
(16) “Ineligible person” means a person not eligible for ordinary land development
loans and belonging to one of the following categories, namely:-
(i) Farmers occupying the lands without any valid title to mortgage such lands;
(ii) minors without guardians;
(iii) Farmers occupying the Government land which have not been assigned to
them, or Government lands assigned but which revert to the Government in case the
assignee mortgages the same;
(iv) Land holders unable to get loan from any credit agency because of overdues
which are to  be cleared before obtaining any loan for further capital investment;
(v) Farmers who are unwilling to apply for land development loans;
(17)  “Input  and  Extension  In-charge”,  “Soil  Survey  In-charge”  and  “Water
Management Specialist” means the Officers of the rank of Agriculture Officers (Grade
I) of Agriculture Department on deputation to (Office of) the CAD Board;
(18) “Irrigated dry land” or “irrigated land” means localised for light irrigation of
crops, other than paddy, sugarcane and banana;
(19) “Irrigation Officer” in relation  to a command  area means an Officer of the
Revenue Department not below the rank of the Revenue Sub-Divisional Officer having
jurisdiction over such area or an Officer of the Command Area Development Board not
below the rank of an Assistant Engineer, exercising control over the irrigation system in
the Command Area and includes any other officer appointed by the Government to
perform the functions of an Irrigation Officer under this Act;
(20) “Irrigation system” includes—
(a) the distribution system; and
(b) the drainage system;
(21) “irrigation system under a pipe outlet” includes the field channels and field
drains, with all the related structures including roads thereto;
(22) “land holder” means a person in actual possession of the land, whether as an
owner or as a tenant or sub-tenant or as a mortgagee in possession or as a licensee, or
otherwise and includes a person who is likely to be benefitted by the Command Area
development work, and the expression “Land holding” shall be construed as land held
by a land holder;
(23)  “Member”  means  the  member  of  the  Command  Area  Development  Board,
unless  and  otherwise  specified/referred  as  member  of  any  other  body,  institution,
corporation etc. under this Act;
(24) “Notification” means a Notification published in the Goa State Gazette and the
expression “notified” shall be construed accordingly;
(25)  “pipe  outlet”  means  an  opening  or  contrivance  constructed  by  the  State
Government in an irrigation system through which water is delivered for irrigation at
the periphery of the localised area ordinarily not exceeding 40 hectares;
(26) “prescribed” means prescribed by rules made this Act;
(27) “Scheduled Castes” and “Scheduled Tribes” shall have the same meaning as
assigned to them in the Constitution;
(28)  “Small  farmer”  means  a  person  who  holds,  whether  as  owner,  tenant  or
mortgagee with possession or partly in one capacity or partly in another capacity a land,
as defined for the purpose of availing benefits of RDA Schemes in Goa;
(29) “Superintending Engineer CAD” means an Officer of the rank of Superintending
Engineer of 2[Department of Water Resources]  on deputation to CAD Board, with all
powers  as  delegated  to  the  officer  of  equivalent  rank  in  Department  of  Water  
Resources;
(30) “systematic land development” includes all or any of the following works:-
(a) construction of field channels and water courses with related structures;
(b) construction of field drains with related structures;
(c) land shaping, including grading levelling, bunding and the like;
(d)  realignment  of  field  boundaries  and  rectangularisation  of  plots  and
consolidation of land holding under a pipe outlet, or under an adjacent pipe outlet,
wherever necessary, for efficient farm management;
(e)  lining  of  field  channels,  wherever  necessary,  with  suitable  material   to
prevent seepage of water;
(f) construction of farm roads with related structures:
(31) “Water Distribution Co-operative Society” also called as “Pani Vantap Vyavstha
Sahakari Saunstha Maryadit” means co-operative society of farmers of command area
of any irrigation project formed at a hydraulic Unit, like water course(s) and registered
under  the  relevant  Co-operative  Societies  Act,  for  the  purpose  of  efficient  water
management and implementation of CAD programmes;
(32) “wet land” means land localised for heavy irrigation crops, like paddy, sugarcane
and banana.
CHAPTER-II
3. Constitution of CAD Board.— (1) As soon as may be after the commencement of
this Act, the Government may, by notification in the Official Gazette, constitute one or
more Command Area Development Boards (hereinafter called the ‘CAD Boards’) for
the command area of each major and medium irrigation projects in the State of Goa.
Such Board(s) shall have autonomy in administrative and financial matters.
(2) The Command Area Development Board shall a body corporate having perpetual
succession and a common seal with power, subject to the provisions of this Act, to
acquire, hold and dispose of property, both movable and immovable, and shall by the
said name sue and be sued.
(3) The CAD Board shall be named as “Command Area Development Board”.
4. Composition of the Command Area Development Board.—
The Command Area Development Board shall comprise of the following members,
namely:—
(i) The Minister in-charge of Command Area Development Programme  3[Water
Resources] of the Government of Goa Chairman;
(ii)  The  concerned  Members  of  the  Legislative  Assembly  and  Parliament,  as
members of the Command Area Development Board;
(iii)  The  Secretary,  CAD  4[Water  Resources]  as  Chief  Executive  of  the  CAD
Boards;
(iv)  The  Secretary,  Finance  or  his  representative  not  below  the  rank  of  Joint
Secretary, Finance, as member;
(v) The Chief Engineer, “Water Resources”, Government of Goa, as Member;
(vi)  The  Superintending  Engineer,  Command  Area  Development  Board,  as
Member-Secretary;
(vii) The Director of Agriculture, Member; 
(viii) The Registrar of Co-operative Societies, Member;
(ix) The Director of I.C.A.R., Member;
(x) The Director of Veterinary Services, Member;
(xi) The Sr. Hydrogeologist, Ground Water Cell, Member;
(xii) The Chairperson of Goa Horticulture Development Corporation, Member;
(xiii) One Deputy Collector (Revenue) having jurisdiction in the Command Area
of respective CAD Board, as Member;
(xiv)  One  representative  of  the  Government  of  India  to  be  nominated  by  the
Ministry of Water Resources, as Member;
(xv) Four elected representatives of Panchayat Raj Institution within the Command
Area of CAD Board, to be nominated by the Government, as Members;
(xvi) Seven Chairman of Registered Water Distribution Co-operative Societies,
formed within the jurisdiction of Command Area or CAD Board, to be nominated by
the Government as Members;
(xvii) Two representatives from NGOs, to be nominated by the Government as
Members;
(xviii) One academician to be nominated by the Government as Member;
(xix) Five progressive farmers of the respective Command Area to be nominated
by the Government as Members;
(xx) The Director of Land Survey.
5.  Disqualification  for  the  membership  of  the  Command  Area  Development
Board.— A  person shall be disqualified  for being  nominated  as, and for being,  a
member of the Command Area Development Board, if he,—
(a) had been convicted and sentenced to imprisonment for an offence which, in the
opinion of the Government, involves moral turpitude; or
 (b) is of unsound mind and is so declared by a competent court; or
(c) is an undischarged insolvent; or
(d) has been removed or dismissed from the service of the Central Government or 
the State Government or a Corporation owned or controlled by the Central 
Government or the State Government or from the membership of the Command Area 
Development Board; or
(e) has directly or indirectly, by himself or by his partner, any share or interest in
any work done by the order of the Command Area Development Board or in any
contract or employment with or under or by or on behalf of the Command Area
Development Board.
(f)  is  employed  as  a  legal  practitioner  on  behalf  of  the  Command  Area
Development  Board  or  accepts  employment  as  legal  practitioner  against  the
Command Area Development Board.
6. Term of Office.—  (1) The Chairman shall hold the office of Command Area
Development  Board  as  long  as  he  holds  the  Office  of  Minister  for  5[Water  
Resources]/CAD, Government of Goa. No sooner he relinquishes the Office of the
Minister for “ Water Resources”/CAD, he shall automatically cease to be the Chairman
of the Command Area Development Board and under such circumstances, the Chief
Executive of the Board shall officiate.
(2) The terms of the concerned Members of the Legislative Assembly and Parliament
as Members of the Command Area Development Board shall be for a period of 5 years
or so long as they continue to be the MLAs or MPs of the concerned area, whichever is
earlier.
(3) Elected  representatives of Panchayat Raj Institutions shall continue  to be the
Member/s for a maximum period of 5 years or so long as they continue to be members
of Panchayat Raj Institution, whichever is less.
(4) Chairman of registered water distribution Co-operative societies shall continue to
be the Member of the Board as long as he holds the office of Chairman of such society
or for a period of 5 years, whichever is less.
(5) The terms of the nominated representatives from NGOs, academician and the
progressive farmers shall be for 5 years.
7. Casual vacancies.— Any casual vacancy caused by the resignation of a member
or by any other reason may be filled by the Government by nomination, and such
person shall hold the Office of the remaining period for which the member in whose
place he is nominated would have held office.
8. Meetings of the Command Area Development Board.—  (1) The Command
Area Development Board shall meet at least once in three months generally in the
Secretariat of the Government or at such other place as decided by the Chairman of the
CAD Board and observe such rules of procedure in regard to the transaction of business
at its meeting as may be provided by regulations.
 (2) The Chairman or in his absence any members chosen by the members present
from  among  any  themselves  shall  preside  at  a  meeting  of  the  Command  Area
Development Boards.
(3) If any Government Officer of Command Area Development Board is unable to
attend  any  meeting  of  the  Command  Area  Development  Board,  he  may,  under
intimation to the Chairman, authorise his immediate subordinate Officer in writing, to
attend the same on his behalf.
(4) All questions/issues at a meeting of the Command Area Development Board shall
be decided by the majority of votes of the members present and in the event of equality
of votes, the Chairman shall have a casting vote.
(5)  Quorum  for  a  meeting  of  the  Command  Area  Development  Board  shall  be
minimum of 50% of total strength.
9. Composition of CAD Circle and its Divisions .— For the purpose of discharge of
duties and functions of the Command Area Development Board as specified in section
10 of the Act, following staff of the “Water Resources”, Agriculture, Co-operative and
Accounts Department of the Government of Goa, shall be deputed to the CAD Office of
the  Command  Area  Development  Board.  It  will  function  as  one  of  the  Circle  of6[Department  of  Water  Resources]  so  far  as  technical  control  is  concerned.  The
Superintending  Engineer  CAD  will  be  reporting  to  the  Chief  Executive  of  the  
Command Area Development Board through the Chief Engineer, “Water Resources”
Department.
(1)  A  Superintending  Engineer  with  full  staff  strength  of  a  Circle  office  of  the
“Department  of  Water  Resources”  alongwith  one  or  more  Deputy  Director  of
Agriculture and three or more Agriculture Officers, Grade I, one or more Officer, of the
rank of Asst. Registrar of Co-operative Societies, one or more Accounts Officer, will be
deputed from respective Departments. This will be called CAD Board Circle Office.
(2)  Three  or  more  Executive  Engineers  with  full  divisional  component  Sub-
Divisional Staff of “Department of Water Resources” i. e. one Division each for S.I.P.,
T.I.P. and A.I.P; all on deputation from “Department of Water Resources” will work
under  the  above  said  Circle  Office  of  Command  Area  Development  Board.  These
Divisions will be called CAD Divisions.
(3) Agriculture Foremen to be appointed by the Command Area Development Board
as per the requirement.
CHAPTER - III
10. Functions of the Command Area Development Board. — The Command Area
Development Board shall supplant the existing CAD Authority. The functions of the
Command Area Development Board shall be as follows:-
(i) To lay down policy guideline for the implementation of CAD Programme;
(ii) To  disburse  Central  assistance  and  the  Government’s  share  to  Water
Distribution Co-operative Societies for the works entrusted to them;
(iii) To provide technical assistance and guidance to Farmers’ Associations, Water
Distribution Co-operative Societies;
(iv) To  co-ordinate  the  activities  of  different  departments  involved  in  the
implementation of CAD Programme;
(v) To  maintain  the  accounts  of  amounts  disbursed  and  to  give  utilisation
certificate to the Government and the Union Government;
(vi) To guide, supervise and monitor the work of Water Distribution Co-operative
Societies;
(vii)To develop ground water to supplement surface  “irrigation”;
(viii) To help the Farmers’ Associations, Water Distribution Co-operative Societies
in selection and introduction of suitable cropping pattern;
(ix) Carry out soil survey and prepare Geographical Information System;
(x) To develop marketing and processing facilities and communications;
(xi) To organise annual agricultural fairs, seminars and workshops and exhibitions,
etc., to motivate the farmers;
(xii) To diversify agriculture and develop activities like animal husbandry, farming,
poultry, etc.;
(xiii) To carry out assessment and reclamation of water-logged areas;
(xiv) To  act  as  a  catalyst  for  formation  of  Water  Distribution  Co-operative
Societies;
(xv) To determine the payment of compensation to the affected persons as provided
in sub-section (4) of section 16 of this Act, through the CAD Circle Office;
(xvi) To carry out on farm development works which includes construction of
water courses, field channel, warabandhi, land levelling and shaping, scientific crop
planning suitable to local soil and climatic condition;
(xvii) Providing  extension  facilities  like  demonstration  on  farmers  field  and
training of farmers;
(xviii) To propose and initiate the work of re-alignment of field boundaries and or
consolidation of holdings and get the same carried out by the authorities concerned
within the framework of the provisions of the Goa Land Revenue Code, 1968 (9 of
1969)  and  the  rules  made  thereunder,  to  facilitate  the  viable  units/holdings  for
economic and efficient water management.
CHAPTER-IV
11. Duties of  C. A. D. Circle and its Divisions. — The duties of the C. A. D. Circle
and its Divisions shall be as follows:—
(i) Assuming  responsibility  for  formation  of  Water  Distribution  Co-operative
Societies;
(ii) Disbursement of fund to Water Distribution Co-operative Societies as received
from the Government and Union Government;
(iii)Providing technical assistance to Water Distribution Co-operative Societies;
(iv) Maintenance of the accounts;
(v) Maintenance  of  register  of  all  agreements  entered  into  between  CAD
establishment and Water Distribution Co-operative Societies;
(vi) Training of farmers to form Associations/Societies;
(vii) Giving utilisation certificate of grants received from Union Government;
(viii) Recommend simultaneously for amendment to the relevant “irrigation” Act to
provide for water distribution co-operative  societies and take over of the system
(participatory “irrigation” management);
(ix) Hand  over  the  system  ceremoniously  to  Water  Distribution  Co-operative
Societies.  The  advantage  of  ceremonial  transfer  is  that  all  the  farmers  in  the
jurisdiction of the Water Distribution Co-operative Societies would come to know
about it;
(x) Initiate Action Research Programme for one project in the State where transfer
process could be scaled up to distributary branch level;
(xi) Entering into agreement with Water Distribution Co-operative Societies;
(xii) Supply of water to Water Distribution Co-operative Societies (W.D.C.S.) as
per agreement;
(xiii) Providing maintenance grants to Water Distribution Co-operative Societies.
The amount given by the Government to CAD Board for maintenance of tertiary
system should be passed on to the Water Distribution Co-operative Societies;
(xiv) Construction and maintenance of the system down to minor/water course
level to carry the designed supply;
(xv)  to  carry  out  on  farm  development  works  including  water  courses,  field
channels, warabandhi, land levelling and shaping, scientific crop planning suitable
for local soil and climatic condition.
(xvi) Providing  extension  facilities  like  demonstration  on  farmers  field  and
training of farmers;
(xvii) Maintenance of the equipments for measuring the supply of water at the off
take of minor/water course;
(xviii) Preparation of bills seasonwise and send to Water Distribution Co-operative
Societies for payment;
(xix) Recovery  of  water  fees  from  the  Water  Distribution  Co-operative
Societies/Farmers and credit the same to Government treasury from time to time.
12. Duties of Water Distribution Co-operative Societies .— The following shall be
the duties of the Water Distribution Co-operative Societies, namely:—
(i) Establishment and updating register of members;
(ii) Preparation of Cropping Plan in consultation with Agriculture Officials of  
C.A.D.A. at the beginning of   “irrigation” season;
(iii) Receiving  water  in  bulk  on  volumetric  basis  or  area-crop  basis  from
C.A.D.A.;
(iv) Payment of water fees to Command Area Development Board;
(v) Delivering water to the registered members;
(vi)Arranging supply of water to non-members at differential rate;
(vii) Taking  the  execution  of  works  of  water  courses  and  field  channels  of
capacity  not  exceeding  0.042  cumec.  discharge  or  42  litres  per  second.
Implementation  of  warabandhi.  Agriculture  demonstration  and  maintenance  of
accounts  and  submission  of  accounts  to  Command  Area  Development  Boards
regularly;
(viii) Operation and maintenance of the infrastructure transferred to them;
(ix) Maintenance of water accounts;
(x) Recovering of water rates from the farmers in its jurisdiction;
(xi) Educating of farmers in applying new technology.
13. Duties of each member of the Water Distribution Co-operative Societies .—
Each  member  of  the  Water  Distribution  Co-operative  Society  shall  perform  the
following duties, namely:—
(i) Submission of cropping plan at the beginning of season of Water Distribution
Co-operative Societies, and applying for “irrigation” water;
(ii) Participation  in  election  of  officials  of  Water  Distribution  Co-operative
Societies;
(iii) Payment of dues of water rates;
(iv) Abiding by bye-laws of Association/Society;
(v) Usage of water efficiently;
 (vi) Ensuring that no damage is caused to “irrigation” structure;
(vii) To use water for “irrigation” economically and without wastage by adopting
such techniques and regime as may be prescribed by the C.A.D. Authority.
(viii) Obligation of the land holder to take steps to maximise production from his
land by  adopting such scientific and modern techniques of farm management as may
be notified, from time to time, by such authority, as may be prescribed under this Act;
(ix) to take such precautionary and preventive measures by land holder as may be
necessary so as not to cause damage to the adjacent land holdings.
CHAPTER–V
14. Formation of units and power of Command Area Development Board to
specify  Command  Areas  for  comprehensive  land  development.— (1)  All  lands
comprising the Command Area under one or more pipe outlet shall form into a single
unit for the purpose of:—
(i) Comprehensive land development;
(ii) Maintenance and upkeep of “irrigation” system.
(2) The  Command  Area  Development  Board  may,  by  notification,  specify  the
command  areas  under  its  jurisdiction  in  which  all  or  any  of  the  works  under
comprehensive land development shall be taken up in one or more instalments and also
specify the officers for command area development work in such command area.
(3)Whenever  it  appears  to  the  Command  Area  Development  Board  that  the
systematic land development including construction of related structures is expedient
for  the  supply  of  water  to  the  lands  immediately  after  or  simultaneously  with  the
availability of water in the main “irrigation” system, the Command Area Development
Board may, by notification, declare the command area under an “irrigation” system, or
project or source for the purpose of applying the provisions of this section.
(4)On the issue of the notification, the Canal Officer or any official authorised by
him, shall have power to—
(a)enter upon any land and make survey of such land to determine the most suitable
alignment for the construction of necessary structures so as to convey water to every
land under a pipe outlet and mark out the land which, in his opinion, is necessary for
the construction of such structures;
(b) enter upon any land in the command area of an “irrigation” system or lands
adjacent thereto and undertake survey or take levels thereon for preparing a Scheme
for comprehensive land development;
(c)dig and bore into the top soil or sub-soil and collect soil samples for the purpose
of technical investigation without causing any loss or damage to the structure, tree or
crops standing thereon and any hole or pit caused thereon shall be made good by the
Canal Officer or any Official authorised by him;
(d) make and set up suitable land marks, and level marks for the said purpose;
(e) do all other acts necessary for the proper conduct of any inquiry or investigation
relating  to  any  existing  or  proposed  Scheme  for  comprehensive  command  area
development;
(f) enter  upon any land or building  and  clear  obstructions  such as shrubs and
bushes and other obstructions for the purpose of regulating the use of water supplied
or inspection or measurement of the lands irrigated thereby and of doing all things
necessary for the proper regulation and management of land and water:
Provided that  if the Canal Officer  or any other person authorised in this behalf
proposes to enter into any building or any enclosed courtyard attached to a dwelling
house, he shall give the occupier of such building or courtyard at least a day’s notice in
writing of his intention to do so, if the occupier denies entry on oral request.
(5) The Canal Officer shall ensure that no loss or any damage is caused in the
process  of  survey,  inspection,  investigation  or  any  of  his  other  acts  in  the  lawful
discharge of his duties. However, if any damage or loss is caused, then, on the written
request of the affected  person, a suitable  compensation shall be determined  by the
Superintending Engineer, CAD, whose decision shall be final in this regard and binding
on the parties concerned and the Canal Officer shall pay the compensation within a
period of six months from the date of such decision accordingly.
15. Formation and registration of water distribution co-operative societies.— (1)
When the Command area having not less than 100 hectares in area or less, as may be
approved by CAD Board under a single hydraulic or more Unit(s) is identified, the
farmers/beneficiaries of that Command Area shall be advised to form water distribution
co-operative society by the concerned Canal Officer. Then, the Canal Officer shall
supply the list of such farmers and the Command area map of that unit to the Credit-In-
Charge,  who  in  turn  shall  take  up  the  job  of  conducting  a  meeting  of
farmers/beneficiaries, forming of society, preparation of feasibility report and making
all other necessary formalities.  Then,  the Superintending  Engineer,  Command Area
Development Board Circle, shall recommend to the Registrar of Co-operative Societies
to  register  the  society.  The  Credit-In-Charge  shall  followup  the  process  with  the
Registrar of Co-operative Societies and get the Society registered.
(2) As soon as the society is registered, the concerned Canal Officer shall hand over
the existing water distribution system by executing the approved agreement with the
Chairman  of the  society.  The  Central  and State  assistance  shall  be released  to the
society for performing its functions. The Credit-In-Charge shall render all necessary
guidance to the society in performing its functions and duties and ensure the smooth
functioning as stipulated in the Co-operative Societies Act or this Act.
(3) No officer or servant of the Government of India or the Government or any State
Government or of a local authority or an employee of any institution receiving aid from
the funds of the Government shall be qualified for being chosen as or for being a
Chairman, or President or a member of a managing committee of any water distribution
Co-operative society.
CHAPTER- VI
16. Preparation of the Schemes.—  (1)  The Command Area Development Board
shall prepare a Scheme for the comprehensive development of the Command Area or
any phase of it generally in accordance with the Command Area Development Schemes
as laid down as per guidelines issued by the Government of India, Ministry of Water
Resources. Only in  such  cases,  where  the  local  climatic,  soil  and  other  conditions
demand any modification, the Command Area Development Board shall make such
modification as may be necessary.
(2) Any Scheme so prepared shall, amongst others, set out the following, namely:—
(a) area proposed to be covered under the Scheme;
(b) the work or works to be executed;
(c) the phasing of the Scheme, both areawise and workwise;
(d) the sketch plan of the area proposed to be covered under the Scheme;
(e) the reallocation or the realignment, if any, of a pipe outlet or the existing  
“irrigation” system;
(f) the survey numbers covered;
(g) field boundaries as existing and as proposed;
(h) the compensation to be given to or recovered from the land-holders or Water
Distribution Co-operative Societies, as the case may be;
(i) the cost involved in the Scheme as well as in each phase thereof; 
(j) the charges or dues to be levied on the beneficiaries; and 
(k) such other matters and particulars as may be prescribed.
(3) The Command Area Development Board shall also, from time to time, make and
take up any new or additional Schemes in the Command Area.
(4) The Scheme shall provide for the payment of compensation to any affected land
holder for the reduction in the extent of his holding under the above Scheme and for
recovery of compensation from any other land holder who is benefitted in getting more
extent of land under the Scheme. The amount of compensation shall be determined so
far as practicable in accordance with the provisions of the Land Acquisition Act, 1894
(Central Act 1 of 1894):
Provided  that  nothing  in  sub-section  (4)  shall  preclude  the  determination  of  the
amount of compensation by agreement with the benefitted and affected land-holders and
thereupon the amount so determined shall be the amount payable to such affected  
land-holder.
17. Procedure  on  completion  of  preparation  of  the  Scheme.— (1)  When  a
development  Scheme  has  been  prepared,  except  in  case  of  construction  of  field
channels, the CAD Board shall, by notification, publish the same in the Official Gazette
inviting  objections  and  suggestions,  if  any,  from  all  persons  likely  to  be  affected
thereby, within thirty days from the date of such publication in the Official Gazette.
(2) The notification shall also be published in the village chavadies, the notice boards
of the office of the concerned village panchayats, the notice boards of the concerned
taluka offices and the offices of the District Collector within whose jurisdiction the
lands proposed to be included in the Scheme are situated.
18. Sanction of the Scheme.—  (1) After the publication of the Scheme as aforesaid
and after considering the objections, if any, received in respect thereof, the CAD Board
shall,  after  making  such  modifications  therein  as  it  deems  necessary,  sanction  the
Scheme.
(2) The Scheme as sanctioned under sub-section (1), shall be notified in the Official
Gazette and shall be published in the manner specified in sub-section (2) of section 17.
19. Consequences of notification.— Upon the sanction of the Scheme or any phase
thereof by the Command Area Development Board under section 18 (hereinafter called
as the ‘approved Scheme’), the following consequences shall ensue, namely:—
(1) The Command Area Development  Board may require any department  of the
Government, any statutory or corporate body controlled by the Government functioning
within the area of operation of the approved Scheme to follow such directions in respect
of such matters as are specified in the approved Scheme.
(2) All development plans relating to land development drawn by any department of
the Government or any local or statutory authority or body or any corporation controlled
by the Government shall be intimated to the CAD Board and shall be executed with its
approval and subject to such modifications or changes, if any, as the CAD Board may
suggest and also subject to such directions as the CAD Board may give.
(3) The  Command  Area  Development  Board  shall  be  empowered  to  take  all
necessary action for the implementation of the approved Scheme including levy of cost
of works and other charges and to give directions to land-holders with regard to the
following matters, namely:—
(a) the crops which are to be raised and the rotation of such crops;
(b) provision for drainage in the farm;
(c) distance of wells, tube-wells, pumps and other sources of “irrigation” from the
distribution system;
(d) erection and removal of fences over lands;
(e) submission of returns within such time and in such manner as may be provided
by  regulations  containing  a  true  and  accurate  statement  regarding  the  following
matters, namely:—
 (i) area of land cultivated by him, the classification of such land, his interest
therein and encumbrances on such land, if any;
(ii) the nature and quantity of agricultural produce raised by him; 
(f) Such other matters as may be specified by regulations.
20. Execution  of  the  Scheme.— (1)  Upon  the  sanction  of  the  Scheme,  the
Command Area Development Board may execute the same through such agency as it
deems fit, except such Schemes which are to be executed by the Water Distribution Co-
operative Societies as specified under section 12 (vii) of this Act. However, in the area
where no such Water Distribution Co-operative Societies are in existence, the CAD
Board may execute these works also through such agency as it deems fit.
(2) In order to provide for the physical planning for the purpose of effective water
management and economically viable crop production in a block of field, the Command
Area  Development  Board,  if  and,  wherever  found  necessary,  shall  propose  the
realignment of boundaries and consolidation of small and fragmented holdings and get
the same carried out within the frame-work of the Goa Land Revenue Code, 1968 (9 of
1969) and the rules made thereunder.
CHAPTER-VII
21. Regulation of “irrigation” and water use management and power of Canal
Officer to regulate “Water Resources” system.—  The Canal Officer shall, having
regard to the availability of water and other factors, have power to regulate the supply of
water from an “irrigation” system upto and below a pipe outlet and specify:-
(a) the time for letting out water for “irrigation”; 
(b ) the duration of supply;
(c) the quantity of supply; and
(d) the different areas to be supplied at different times.
Explanation:- Water shall be deemed to have been supplied, if it is made available, at
the  pipe  outlet,  whether  or  not  it  is  used  for  “irrigation”  of  land  under  a  
pipe-outlet and therefore chargeable at the normal rate.
22. Liability for unlawful use of water or when water runs to waste.—  (1) If
water supplied from an “irrigation” system is put to unauthorised or unlawful use, the
person by whose act or negligence such use has occurred, or if such a person cannot be
identified, the person or all the persons or through whose land water has flowed and the
land is benefitted therefrom, or the person or all the persons chargeable in respect of the
water  supplied  from  such  “irrigation”  system,  or  the  Water  Distribution  
Co-operative Society under whose jurisdiction such unauthorised or unlawful use of
water has occurred, shall be liable, severally or jointly, as the case may be, for the
imposition of such charge as may be levied by the Canal Officer or any other authority
thereof or under the relevant law for the time being in force.
Explanation:— For the purpose of this section, the use of water for irrigating an 
area in the following manner shall constitute, unauthorised or unlawful use, namely:—
(i) When an area is not localised under an “irrigation” system;
(ii) When an area which is localised as irrigated dry, is irrigated as wet;
(iii) When an area localised  for a single crop is irrigated for a double crop;
(iv) When an area which is localised  for one particular season is irrigated in the
season for which it is not so  localised;
(v) When an area is irrigated unauthorisedly by breaching or cross bunding an  
“irrigation” system;
(vi) When an area is irrigated by pumping water without prior permission of the
Canal Officer;
(vii) When an area is irrigated with a crop in contravention of cropping pattern
specified under section 27 of this Act;
(viii) When an area is irrigated otherwise than in accordance with the schedule of
water allocation prepared by the prescribed authority indicating the day, time and
duration of supply for which any person is entitled to receive water.
(2) Where water supplied through a field channel is allowed by any person to run to
waste, the person by whose act or negligence such water was allowed to run to waste, or
if, after inquiry such person cannot be found, the person or all the persons chargeable or
the Water Distribution Co-operative Society in respect of the water supplied from such 
“irrigation” system; shall be liable, severally or jointly, as the case may be, for the
imposition of a charge which shall be made in the prescribed manner in respect of the
water so wasted.
(3) The levy of charges for unauthorised or unlawful use of or wastage of water shall 
not be a bar for launching prosecution for any offence connected with such use or waste.
(4) All charges for the unauthorized or unlawful use or for waste of water may be
recovered as water rates, in addition to any penalties imposed on account of such use or
waste of water.
(5) Any question arising under this section shall be decided by the Canal Officer and
any person aggrieved by the order of the Canal Officer may prefer an appeal to the
Superintending Engineer, Command Area Development Board, within fifteen days from
the date of making of the order and the decision of the Superintending Engineer, C.A.D.
Board, shall be binding on both the parties.
23. Stoppage of water supply.—  (1) It shall be lawful for the Government or Canal
Officer or any Officer authorized  by them in this behalf, to stop the supply of water to
any Water Distribution Co-operative Society, to any land holding or field channel or to
any  person  who  is  entitled  to  such  supply  under  all  or  any  of  the  following
circumstances, namely:—
 (a) Whenever and so long as it is necessary to stop such supply for the purpose of
executing 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 escape of water thereof;
(c) Whenever and so long as it may be necessary to do so in order to prevent the
wastage or misuse of water;
(d) During the periods fixed, from time to time, by the “irrigation” Officer of
which due notice has been given;
(e)  Whenever  there  is  diminution  in  the  supply  of  water  in  the  “irrigation” 
system due to any natural or seasonal causes and thereby so long as it is necessary to
do so;
(f) Whenever there are floods or heavy rains in the Command Area and thereby so
long as it is necessary to do so.
(2) No claim shall be allowed against the Government or Canal Officer or any person 
authorised by them, for compensation in respect of any damage arising out of—
(a) deterioration in climate or soil; or
(b) stoppage  or  diminution  of  the  supply  of  water  where  such  stoppage  or
diminution is due to:—
(i) any cause beyond the control of the authority in charge of the “irrigation”
system;
(ii) the  execution  of  any  repairs,  alterations  or  additions  to  the  “irrigation”
system;
(iii) any measures considered necessary by the Canal Officer for regulating the
proper flow of water in the field channel or for maintaining the established courses
of  “irrigation”; or
(iv) circumstances mentioned in clauses (a) to (f) of sub-section (1).
24. Supply of water for “ irrigation” of one or more crops .— Where water from
an “irrigation” system is supplied for the “irrigation” of one or more crops as specified
by the Canal Officer, the right to use such water shall be deemed to continue only until
such crop or crops shall come into maturity, and to be lawful only in respect of such
crop or crops.
25. Settlement  of  disputes  regarding  distribution  of  water.— (1)  Whenever  a
dispute arises between two or more land-holders in regard to their natural rights or
liabilities in respect of the use or maintenance of field channel, any such land-holder
may apply in writing to the Water Distribution Co-operative Society stating the matter
in dispute.
(2)  On  receipt  of  an  application  under  sub-section  (1),  the  Water  Distribution  
Co-operative Society shall give notice to the other persons interested to appear before it
on a day to be specified in such notice, and shall proceed to enquire into such matter and
after the enquiry, the Water Distribution Co-operative Society may try to bring about a
compromise between the parties and if such a compromise cannot be brought, it shall,
after hearing the parties concerned, pass such an order as it deems fit:
Provided  that  if  any  dispute  arises  

Excerpt shown. Open the full act in Lexace.

‹ Prev All Goa acts Next ›