The Goa Irrigation Act, 1973

 
 
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GOVERNMENT OF GOA 
LAW AND JUDICIARY DEPARTMENT 
— 
Notification 
LD/18/73 
 
The following Act passed by the Legislative Assembly of Goa which received the 
assent of the Administrator of Goa, Daman and Diu on 29th December, 1973 is hereby 
published for general information. 
M. S. Borkar, Under Secretary (Law). 
 
Panaji, 31st December, 1973 
The Goa Irrigation Act, 1973 
 
(Act No. 18 of 1973) 
AN 
ACT 
to make provision for the construction, maintenance and Regulations of Canals, for the 
Supply of Water therefrom, obtaining labour in emergencies and for the levy of rates 
for water so supplied and certain other matters pertaining to Irrigation in the Union 
territory of Goa, Daman and Diu. 
 
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Twenty- 
-fourth Year of the republic of India as follows: 
 
PART I 
Preliminary 
1. Short title, extent and commencement.— (1) This Act may be called the Goa 
1[Omitted] Irrigation Act, 1973. 
(2) It extends to the whole State of Goa. 
(3) It shall come into force on such date as the Government may, by notification in the 
Official Gazette appoint: 
Provided that different dates may be appointed for different areas of the Union territory 
of Goa, Daman and Diu. 
2. Definitions.— In this Act, unless the context otherwise requires,— 
(1) “bandhara” means any structure, permanent or otherwise, constructed or 
maintained for the purpose of impounding or diverting water of any river, strea m, lake or 
any natural collection of water, and includes any weirs, sluices, head walls, groins or any 
other works connected with such bandharas; 
2[(1A) “Bulk user of water” means any person including an institution, a 
company or an establishment, whether Government or not, including restaurant, 
 
 
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hotel, multi dwelling unit, water treatment plant, desalination plant, or any other 
commercial or industri al establishment, or an establishment dealing with activity 
of construction, whose consumption of water exceeds 3000 cubic meters per day;] 
(2) “canal” includes— 
(a) all canals, channels, pipes and reservoirs, bandharas, weirs, tanks, ponds, spring 
ponds and sluices constructed, maintained or controlled by Government for the supply 
or storage of water; 
(b) all works, embankments, structures, and supply and escape channels connected 
with such canals, channels, pipes or reservoirs, bandharas, weirs, tanks and all roads 
constructed for the purpose of facilitating the construction or maintenance of such 
canals, channels, pipes or reservoirs; 
(c) all water-courses, drainage works and flood embankments; 
(d) any part of a river, stream, lake, natural collection of water or natural drainage- 
-channel to which the Government may apply the provisions of section 4, or the water 
of which has been applied or used before the commencement of this Act for the 
purpose of irrigation; 
(e) all land belonging to the Government which is situated on the bank of any canal 
and which has been appropriated under the orders of the Government for the purposes 
of such canal; and 
(f) all mechanical and electrical appliances tools and plants and structures, installed 
or constructed, maintained or controlled by the Government for lifting water. 
(3) “Canal-Officer” means any officer appointed, or invested with powers of a 
Canal-Officer, under section 3; 
(4) “Collector” includes any officer appointed, by the Government to exercise all or 
any of the powers of a Collector under this Act; 
(5) “drainage work” means any work in connection with a system of irrigation or 
reclamation made or improved by the Government for the purpose of the drainage of any 
place, whether under the provisions of section 14 or otherwise and includes escape- 
-channels from a canal, dams, weirs, embankments, sluices, groins and other works 
connected therewith but does not include works for the removal of sewage; 
(6) ”flood-embankment” means any embankment constructed or maintained by the 
Government in connection wi th any system of irrigation or reclamation works for the 
protection of land from inundation or which may be declared by the Government to be 
maintained in connection with any such system, and includes all groins, spurs, dams and 
other protective works connected with such embankments; 
(7) “Government” means the Administrator of the Union territory of Goa, Daman  
and Diu appointed by the President under article 239 of the Constitution; 
(8) “Inspector” means such officer as the Government may declare to be an Inspector 
for the purpose of this Act; 
(9) “land holder” of “holder” means the person in whom a right to hold the land is 
vested, whether solely on his own account or wholly or partly in trust for another person 
or for a class of persons or for the public and includes a mortgage vested with right of 
possession; 
(10) “land under irrigable command of a canal” means such lands as are irrigated or 
capable of being irrigated from a canal, being under its command and shall include also 
such lands as are or shall be deemed to be irrigated within the meaning of section 37; 
 
 
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(11) “Mamlatdar” includes any officer appointed by the Government to exercise all or 
any of the powers of a Mamlatdar under this Act; 
(12) “notification” means a notification published in the Official Gazette; 
(13) “occupier” means in respect of any land, any person who has an interest in the 
land and cultivates the land himself or by his servants or by hired labour and includes a 
tenant; 
(14) “owner” includes every person having a joint interest in the ownership of the 
thing specified and all rights and obligations which attach to an owner under this Act  
shall attach jointly and severally to every person having such joint interest in the 
ownership; 
(15) “prescribed” means prescribed by rules made under this Act; 
(16) “water-course” means any water-channel or pipe having a capacity not  
exceeding3 [five hundred] litres per second, which is supplied with water from a canal  
and includes all subsidiary works belonging to such channel or pipe except the sluice or 
outlet through which water is supplied to such channel or pipe. 
3. Appointment of officers.— The Government may— 
(a) appoint such officers with such designations, and assign to them respectively such 
powers and duties under this Act, as it may deem fit; 
(b) invest any Government Officer, in any D epartment, either personally or in right of 
his office by name or by virtue of office or any other person, with such powers, and 
impose upon him such duties, under this Act, as it may deem fit. 
 
PART II 
Construction, Control and Maintenance of Canals 
4. Notification when water supply to be applied for purposes of canals. — 
Whenever it appears expedient to the Government that the water of any river or stream 
flowing in a natural channel or of any lake, or any other natural collection of still water, 
should be applied or used by the Government for the purpose of any existing or proposed 
canal, the Government may, by notification declare that the said water will be so applied 
or used after a day to be specified in the said notification, not being earlier than three  
months from the date thereof. 
5. Powers of Canal-Officer for purpose of so applying water supply.— At any time 
after the day specified under section 4, the Canal -Officer may enter on any land, remove 
any obstruction, close any channel and do any other thing necessary for such application 
or use of the said water, and for such purpose may take with him, or depute or employ, 
such subordinates and other persons as he deems fit. 
6. Entry for inquiry. — Whenever it shall be necessary to make any inquiry or 
examination in connection with a proposed canal or with the maintenance of an existing 
canal, the Canal-Officer and any person acting under the general or special order of any 
such Canal-Officer, may— 
(a) enter upon such land as he may think necessary for the purpose; 
(b) exercise all powers and do all things in respect of such land as he might exercise 
and do, if the Government had issued a notification under the provisions of section 4 of 
the Land Acquisition Act, 1894 (Central Act I of 1894), to the effect that the land in 
that locality is likely to be needed for a public purpose; and 
 
 
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(c) set up and maintain water -gauges and do all other things necessary for the 
prosecution of such inquiry and examination. 
7. Power to inspect and regulate water supply. — The Canal-Officer and any person 
acting under the general or special order of any such Canal -Officer may enter upon any 
land, building or water -course with respect to which any water rate is chargeable under 
this Act, for the purpose of inspecting or regulating the use of water su pplied or for 
measuring the land irrigated thereby chargeable with a water rate and for doing all things 
necessary for the proper regulation and management of the canal from which such water  
is supplied. 
8. Power to enter for repairs and to prevent accidents .— In case of any accidents 
being apprehended or happening to a canal, the Canal -Officer and any person acting  
under the general or special order of any such Canal -Officer, may enter upon land 
adjacent to such canal and may take all materials required to execute all works which may 
be necessary to such lands for the purpose of preventing such accident or repairing any 
damage done. 
9. Notice to occupier of building etc. — When a Canal -Officer or any other person 
acting under his general or special orders in this behalf proposes acting under the  
provisions of section 6, section 7 or section 8 to enter into any building or enclosed court 
or garden attached to a dwelling house, not supplied with water from a canal and not 
adjacent to a flood -embankment, he shal l previously give to the occupier of such  
building, court or garden such reasonable notice as the urgency of the case may allow. 
10. Means of crossing canals to be provided and obstructions to drainage to be 
avoided . — Suitable means of crossing canals shall b e provided at such places as the 
Government thinks necessary for the reasonable convenience of the inhabitants of the 
adjacent land, and suitable bridges, culverts or other works shall be constructed to prevent 
the drainage of the adjacent land being obstructed by any canal. 
11. Government may prohibit formation of obstructions of rivers etc, within 
certain limits.— Whenever it appears to the Government that injury to the public health 
or public convenience or to any canal or to any land for which irrigati on from a canal is 
available, has arisen or may arise from the obstructions of any river, stream or natural 
drainage course, the Government may, by notification, prohibit within limits to be defined 
in such notification, the formation of any such obstructi on, or may, within such limits, 
order the removal or other modifications of such obstruction and thereupon so much of  
the said river, stream, or natural drainage course, as is comprised within such limits, shall 
be held to be a drainage work as defined in section 2. 
12. Canal-Officer may issue order to person causing obstruction.— The Canal- 
-Officer, may after the publication of the notification under section 11, issue an order to 
any person causing or having control over any such obstruction; to remove or modify the 
same within such period as may be specified in such order. 
13. Canal-Officer may cause obstruction to be removed. — If within the period 
specified in the order under section 12, any person does not comply with such order, the 
Canal-Officer, may cause  the obstruction to be removed or modified and such person  
shall be liable to pay the expenses of removal or modification, and if the person does not, 
when called upon, pay the expenses of such removal or modification, such expenses shall 
be recoverable as an arrear of land revenue. 
14. Construction of drainage works. — Whenver it appears to the Government that 
any drainage work is necessary for the public health or for the improvement of the proper 
 
 
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cultivation or irrigation of any land, or that protection from flood or other accumulations 
of water, or from erosion by a river is required for any land, the Government may cause a 
scheme for such work to be drawn up and carried into execution, and the person 
authorised by the Government to draw up and execute such s cheme may exercise in 
connection therewith the powers conferred on Canal -Officer by sections 6, 7 and 8 and 
shall be liable to the obligations imposed upon Canal-Officer by sections 9 and 28. 
 
PART III 
Water-Courses 
15. Determination of the need for water-course and their alignment in any 
area.— (1) The Canal-Officer on being satisfied that the construction of water-courses in 
any area is necessary in the public interest for supply of water from a canal to lands 
requiring such supply for the purpose of cultivation, shall declare by notification, that 
such water-courses may be constructed after a date to be specified in the notif ication, not 
being earlier than thirty days from the date of publication thereof. A copy of such 
notification shall be sent to the Mamlatdar of the area for publication in the village 
concerned. 
(2) After the date specified in the notification under sub -section (1) the Canal -Officer 
shall determine the suitable alignment for the water -courses and shall mark out the land, 
which in his opinion, is necessary to occupy for the construction thereof. He shall 
forthwith publish a notification by affixture on the notice board in his office that so much 
of such land as is situated within such village or villages has been so marked out and shall 
send a copy of such notification to the Mamlatdar for publication in every village through 
which the water -course is taken o n such lands. He shall also send a copy of such 
notification to the Collector of every District in which such land is situated. 
16. Collector to acquire land. — (1) On receipt of a copy of a notification under 
section 15, the Collector shall issue notices to th e owner of such land and other persons 
interested in it to show cause why such land should not be acquired and after giving them 
a reasonable opportunity of being heard, if satisfied that such land is required for a water- 
-course, proceed to acquire and take possession of such land under the provisions of the 
Land Acquisition Act, 1894 (Central Act 1 of 1894) as if a declaration had been issued by 
the Government for the acquisition thereof under section 6 of that Act and as if the 
Government had thereupon directed the Collector to take order for the acquisition of such 
land under section 7 of the said Act and as if the Government had issued orders for the 
immediate possession being taken under section 17 of the said Act. 
(2) Notwithstanding anything contained in the Land Acquisition Act, 1894 (Central 
Act I of 1894), the acquisition of any land under sub-section (1) shall be deemed to be for 
a public purpose. 
(3) Save as aforesaid, the provisions of the Land Acquisition Act, 1894 (Central Act I 
of 1894), shall apply to acquisitions to be made under this Act. 
17. Such acquired land to remain as property of Government. — On possession of 
the land being taken, the Canal -Officer shall fix the boundary marks in the prescribed 
manner and thereupon the ownership of such land shall vest in Government. 
18. Obligations of user of water -course.— (1) Every user of water -course shall be 
bound to maintain such water-course in a fit state of repair for the conveyance of water. 
 
 
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(2) Every user of water -course shall subject to the provisions of Part IV be entitled to 
have a supply of water by such water-course on such terms as may be prescribed. 
 
19. Failure to execute work or to repair water-course.— If any user of a water- 
-course fails to fulfill any obligation imposed upon him by sub -section (1) of section 18, 
the Canal-Officer may require him, by notice to execute the necessary repairs within a 
period of not less than seven days to be specified in such notice, and, in the event of a 
failure, may execute the same and, except as hereinafter provided in this section, all 
expenses incurred in the execution of such repairs shall be a sum due by such user to the 
Government and shall be recoverable as an arrear of land revenue. 
20. Canal-Officer to construct water -courses.— After any land has been acquir ed 
under section 16 and has vested in the Government under section 17, the Canal -Officer 
shall construct the water-courses necessary in the area. 
 
PART IV 
 
Supply of Water 
21. Regulation of water supply from canal. — The Canal-Officer by a notification in 
respect of any canal or class of canals may, after such inquiry as he deems fit, regulate in 
respect of any canal for each year or for a specified term of years at a time, as 
circumstances may require— 
(1) the time for letting out water for irrigation; 
(2) the period of supply; 
(3) the quantity of supply; and 
(4) the areas to be supplied at different times. 
Explanation:— A land shall be deemed to have been supplied with water if water is 
made available for irrigation of such land. 
22. Power to stop water supply.— The supply of water to any water-course or to any 
person who is entitled to such supply not be stopped except— 
(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 competent to accord 
administrative approval under the C.P.W.D. Manual. 
(b) whenever and so long as any water -course by which such supply is received is 
not maintained in such repair as to prevent the wasteful escape of water therefrom; 
(c) whenever and so long as it is necessary to do so in order to supply in rotation the 
legitimate demands of other persons entitled to water; 
(d) whenever and so long as it may be necessary to do so in order to prevent the 
wastage or misuse of water; 
(e) within the periods fixed from time to time by a Canal -Officer duly empowered 
by the Government in this behalf, of which due notice shall be given; 
(f) whenever there is diminution in the supply of water in the canal work due to any 
natural or seasonal causes and so long as it is necessary to do so. 
 
 
 
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23. Agreement for sup ply of water transferable with the property in respect of 
which supply is given. — Every agreement for the supply of canal water to any land, 
building or other immovable property shall be transferable therewith and shall be 
presumed to have been so transfer red whenever a transfer of such land, building or other 
immovable property takes place. 
No person entitled to the use of any work or land appertaining to any canal, and,  
except in the case of any such agreement as aforesaid, no person entitled to use the water 
of any canal, shall sell or sub -let or otherwise transfer his right to such use without the 
permission of the Canal-Officer. 
24. Regulation of cultivation on lands.— (1) Subject to the provisions of section 25, 
and subject to such directions as may be is sued from time to time, the Canal -Officer may 
in any year, having regard to the quantity of water available in any canal under his control 
determine, by order published in the prescribed manner and within the time prescribed the 
area of lands in the irrigable area of such canal, to be cultivated with paddy, sugarcane, or 
any perennial crop or intermittent irrigated dry crops or with dry or semi -dry crops and 
regulate the supply of water for irrigation accordingly. 
(2) If, in accordance with a decision of the Canal-Officer under sub -section (1), any 
land entitled to supply of water under the canal is not supplied with water, the holder of 
such land shall be liable to pay only the dry assessment of such lands. 
(3) From the order of the Canal -Officer under this s ection an appeal shall lie within 
fifteen days from the date of the publication of the said order, to the Collector of the 
district. 
25. Power to prescribe the kind of crop to be grown under the irrigation area and 
the period of sowing such crop.— (1) Whenever the Government is satisfied that for the 
better cultivation of the lands and the due preservation of the water -resources of a canal,  
it is expedient and desirable in the public interest to regulate the kind of crop that should 
be grown on lands irrigated by such canal and the period of sowing such kind of crop, it 
may, by notification, make a declaration to that effect. 
(2) On making of a declaration under sub -section (1), the Canal -Officer, with the 
approval of the Collector, may specify by notification in su ch manner as may be 
prescribed the kinds of crop that shall be grown on any land under such canal and the 
period of sowing and planting such crops. 
(3) On the publication of a notification under sub -section (2) no person shall grow or 
allow any crop other than the crops specified in such notification to be grown on any land 
under such canal and no person shall sow or plant or allow the sowing  or planting of crop 
at any time other than during the period specified in such notification. 
(4) In all cases in which the p erson who has sown or grown any unauthorised crop or 
allowed any land to be grown or sown with such unauthorised crop cannot be found, the 
holder of the land in addition to such other person concerned, shall— 
(a) be liable for contravening the provisions of this section; and 
(b) also be liable to pay such water rate as may be determined by the Canal -Officer 
not being less than five times and not exceeding ten times the water rate which he 
would otherwise have been required to pay: 
 
 
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Provided that if no water is utilised either directly or indirectly from the canal for 
growing any crop, the provisions of sub-sections (3) and (4) shall not be applicable. 
 
PART V 
Award of Compensation 
 
26. Compensation for damage caused consequent of the exercise of the powers 
conferred by this Act. — Compensation may be awarded in respect of any substantial 
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 respect of any damage 
arising from— 
(a) deterioration of climate or soil; or 
(b) stoppage of navigation or of the means of floating timber or of watering 
cattle; or 
(c) stoppage or diminution of the supply of water in consequence of the exercise of 
the power conferred by section 5 if no use has been made of such supply within the  
five years immediately preceding the date of the issue of the notification under section 
4; or 
(d) failure or stoppage of any w ater in a channel where such failure or stoppage is 
due to:— 
(i) any cause beyond the control of the authority in charge of the canal; 
(ii) the execution of any repairs, alterations, or additions to the canal; 
(iii) any measures considered necessary by the Canal -Officer, for regulating the 
proper flow of water in the channel or for maintaining established course of 
irrigation; or 
(iv) circumstances mentioned under clauses (a) to (f) of section 22: 
Provided further that any person who suffers loss from any stoppage or diminution of 
water supply to his lands due to any of the causes named in clause (d) of the preceding 
proviso, shall be entitled to such remission of the water rate payable by him as ma y be 
authorised by the Government. 
27. Limitation of claims. — No claim for compensation under this Act shall be 
entertained after the expiration of twelve months from the time when the damage 
complained of commenced, unless the Collector is satisfied that the claimant is prevented 
by sufficient cause from making the claim within such period. 
28. Compensation for damage caused by entry on land, etc. — (1) In every case of 
entry upon any land or building under section 5, section 6, section 7 or section 8, the 
Canal-Officer or the person making the entry shall ascertain and 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 land holder or owner of the property damaged, as the case may be. 
(2) If such tender is not accepted, within a week of such tender, the Canal-Officer shall 
forthwith refer the matter to the Collector for the purpose of determining the amount of 
compensation. 
 
 
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29. Claims to be preferred to the Collector. — (1) All claims for compensation 
under this Act other than claims of the nature provided for in sectio n 28 shall be made to 
the Collector of the District in which such claim or part of it arises 
(2) The Collector shall enquire into all  such claims and determine 
the amount of compensation, if any, which should be awarded. In 
determining such amount, the Collector shall, as far as possible be guided 
by the provisions of sections 23 and 24 of Land Acquisition Act, 1894:    1 of 1894 
Provided that 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 twelve 
times the amount of the diminution of the annual net profits of such property caused by 
the exercise of powers conferred by this Act: 
Provided further that no order determining the amount of compensation shall be made 
by the Collector under this section without the previous approval of the Government or 
such officer as the Government may appoint in this behalf. 
30. Appeal.— Any person aggrieved by the order of the Collector under section 28 or 
section 29 may, within ninety days from the date of communication of the order, prefer as 
appeal to the Administrative Tribunal established under the Goa, Daman and Diu 
Administrative Tribunal Act, 1965 (6 of 1965). 
31. Compensation when due and interest payable.— All sums of money payable for 
compensation awarded under this Part shall become due three months after the final  
award is made, under section 29 and simple interest at the rate twelve perc ent per annum 
shall be allowed on any sum remaining unpaid after the said three months, except when 
the non-payment of such is caused by the neglect or refusal of the claimant to apply for or 
receive the same. 
32. Abatement of revenue demand on interruption of  water supply. — If 
compensation is awarded under section 29 on account of a stoppage or diminution of 
supply of water to any land paying land revenue to the Government and the amount of the 
land revenue payable on account of such land has been fixed with r eference to the water 
advantages appertaining thereto, the holder of the said land shall be entitled to an 
abatement of the amount of land revenue payable to such extent as shall be determined by 
the Collector of the District. 
 
PART VI 
Water- rates, Betterment charges and Irrigation cess 
 
33. Determination of rates for supply of canal water. — (1) Such rates shall be 
leviable for canal water supplied for purposes of irrigation or for any other purpose, as 
shall, from time to time, be determined by the Government. 
(2) If, owing to the construction of a new canal or to the improvement or extension of 
an existing canal, the quantity or duration of any water supply, in respect of which either 
no revenue or a fixed amount of revenue has hitherto been paid to the Government, is 
increased, rate shall be revised in respect of the increased water supply as may be 
determined by the Government. 
(3) The rates mentioned in sub -section (2) shall be payable by the person on whose 
application the supply was granted, or by any person who uses the water so supplied. 
 
 
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34. Liability when person using water unauthorisedly cannot be identified. — If 
water supplied  through a water -course be used in an unauthorised manner, and if the 
person by whose act or neglect such use has occurred cannot be identified the person or  
all the persons on whose land such water had flowed, if such land has derived benefit 
therefrom, the person or all persons chargeable in respect of the water supplied through 
such water-course, shall be liable or jointly liable, as the case may be, for the charges 
which shall be made for such use under the rules made under this Act. 
35. Liability when water runs to waste.— (1) If water supplied through a water- 
-course be suffered to run to waste, and if, after inquiry, the person through whose act or 
neglect such water was suffered to run to waste cannot be discovered, the person or all the 
persons chargeable in respect of the water supplied through such water -course shall be 
liable or jointly liable, as the case may be, for the charges which shall be made in respect 
of the water so wasted under the rules made under this Act. 
(2) All questions arisin g under this section and section 34 shall be subject to the 
provisions of section 91 be decided by a Canal -Officer duly empowered by the 
Government in this behalf. 
36. Charges recoverable in addition to penalties.— All charges for the unauthorised 
use or for w aste of water may be recovered, as water -rates, in addition to penalties 
incurred on account of such use or waste. 
37. Land deriving benefit from percolation liable to water-rate.— If it appears to a 
Canal-Officer duly empowered by the Government in this behalf to enforce the  
provisions of this section that any cultivated land within two hundered metres of any  
canal receives, by percolation or leakage from such canal, an advantage equivalent to that 
which would be given by a direct supply of canal water for irrigation, or that any 
cultivated land, wherever situated, derives by a surface flow, or by means of a well sunk 
within two hundred metres of any canal after the admission of water into such canal, a 
supply of water which has percolated or leaked from such canal, he may charge on such 
land a water -rate not exceeding that which would ordinarily have been charged for a 
similar direct supply to land similarly cultivated. 
Explanation.— For the purpose of this Act, land charged under this section shall be 
deemed to be land irrigated from a canal. 
38. Levy of water-rate for use of percolation water for non-irrigation purposes.— 
(1) If it appears to the Canal -Officer that any natural stream, artificial drain or well sunk 
within two hundred metres of any canal is deriving percolation water from such canal,  
and the water from such stream, drain or well is used for purposes other than those of 
irrigation, he may charge for t he use of such water, a water -rate not exceeding that as 
would ordinarily have been charged if the supply had been made from the canal for such 
purposes. 
(2) The provisions of sub -section (1) shall not apply to water from such stream, drain 
or well used exclusively for domestic purposes by the residents of any village. 
39. Scheme of irrigable land under command and betterment charges on 
construction or improvement etc. of a canal. — When the construction of a new canal  
or the improvement of extension of an existing canal is undertaken, the Government shall 
direct an officer empowered in this behalf to prepare a scheme showing the lands under 
the irrigable command of the canal and the betterment charges leviable on such lands and 
such other details as may be prescribed. 
 
 
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40. Publication of scheme and notice to owners and persons interested. — (1) The 
scheme prepared under section 39 shall be published in the Official Gazette and in such 
other manner as may be prescribed. 
(2) The Canal-Officer empowered under section 39 shall als o give notice to persons 
known or believed to be the owners of or interested in the land under irrigable command 
of the canal requiring them to appear before him either personally or by agent at time and 
place therein mentioned (such time not being earlier  than one month from the date of the 
notice) to state their objections, if any— 
(a) to the inclusion of the lands in the scheme as the lands under irrigable command 
of the canal, and 
(b) to the imposition and recovery of the betterment charges on such lands. 
41. Inquiry and award.— On the date fixed under section 40 or on such other date to 
which inquiry may be adjourned, the officer concerned shall, after holding a formal 
inquiry in the manner provided by the Goa, Daman and Diu Land Revenue Code, 1968 (9 
of 1969) and after hearing the objections, if any, stated by the persons as required by the 
notice under section 40 make an award, which shall specify,— 
(a) the lands under irrigable command of the canal, 
(b) the increase in value of such lands by the completion of the construction of a 
new canal or the improvement or extension of an existing canal, 
(c) the amount of betterment charges leviable on each of the land, 
(d) the date from which the betterment charges shall be leviable: 
 
Provided that no betterment charges shall be lev iable in respect of any land which is  
unarable (kharaba). 
 
42. Increase in value and betterment charges. — (1) The increase in value on 
account of the completion of a new canal or the improvement or extension of an existing 
canal shall be the amount by which the value of the land on the completion date is likely 
to exceed the value of the land on the construction date and the betterment charges shall 
be one-half of such increase in value. 
(2) For calculating the value of the land on the construction date and t he increase in 
value on completion date it shall be lawful for the Government to prescribe by Rules the 
method and the particulars to be taken into account. 
Explanation.— For the purposes of this section, the Government shall, by notifi- 
cation specify— 
(a) the date of the commencement of construction of any work in connection with the 
construction or improvement or extension of canal, as the construction date; 
(b) the date of completion of the construction, improvement or extension of a canal as 
the completion date. 
43. Appeal to the Collector.— (1) Any person aggrieved by award made under 
section 41, may within sixty days from the date of the award, appeal to the Collector. 
(2) The provisions of Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969)  
shall apply to such appeals, as if the officer empowered under section 39, was a Revenue 
Officer and the Collector was his immediate superior. 
44. Revision by Government .— The Government may call for and examine the 
record of any inquiry under section 41 or of the proceedings  in appeal under section 43  
 
 
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for the purpose of satisfying itself of the legality or regularity of such inquiry or 
proceedings and may modify or reverse the award or the decision of the Collector. 
45. Finality of orders of Government, Collector’s decision and award.— Any order 
passed by the Government in revision under section 44 and subject to such order, the 
decision of the Collector on an appeal under section 43 and subject to the order of the 
Government in revision and the decision of the Collector on appea l, as the case may be, 
the award made under section 41, shall be final. 
46. Betterment charges to be first charge on land next to land revenue. - From the 
date specified in the award as the date from which the betterment charges shall be 
leviable, or from such date as may be otherwise specified by the Collector in appeal under 
section 43 or by the Government in revision under section 44 as the date from which such 
charges shall be leviable, the betterment charges recoverable in respect of any land shall, 
subject to the prior payment of the land revenue, if any, due to the Government thereon, 
be a first charge on the land in respect of which such betterment charges are leviable. 
47. Payment of betterment charges.— The betterment charges shall be payable on 
the date fixed under the rules made under this Act: 
Provided that the owner of the land on which such charges are imposed may execute  
an agreement in favour of the Government agreeing to pay the amount of such charges by 
annual instalments together with interest at such rate and within such period  as may be  
prescribed by rules. 
48. Relinquishment or exchange of land in lieu of the payment of betterment 
charges.—Notwithstanding anything contained in section 47, the Government may allow 
the owner of the land on which the b etterment charges may be payable to relinquish the 
whole or any part of the land or to deliver it in exchange in favour of the Government on 
such conditions as may be prescribed: 
Provided that no such relinquishment or exchange shall be permitted unless th e land is 
free from encumbrances. 
49. Levy of irrigation cess. — In addition to the water -rates or other charges leviable 
under the provisions of this Act, there shall be levied in respect of land under irrigable 
command of a canal a cess called “the irrigation cess.” 
50. Liability for irrigation cess.- (1) In the case of unalienated land, the occupant, and 
in the case of alienated land, the superior holder, shall be primarily liable to the 
Government for the payment of the irrigation cess, inclusive of all arrears of such cess: 
Provided that in the case of any land in the possession of a tenant, if such tenant is 
liable to pay the irrigation cess in respect of such land under the provisions of the Goa, 
Daman and Diu Agricultural Tenancy Act, 1 964 (7 of 1964) such tenant shall be  
primarily liable to pay the irrigation cess, in respect of such land. 
(2) In the case of default by any person who is primarily liable under this section, the 
irrigation cess including all arrears as aforesaid, shall be recoverable— 
(a) from the occupant or superior holder, as the case may be, where the tenant was  
primarily liable, and 
(b) in any other case, from any other person in possession of the land: 
Provided that where the irrigation cess  is recovered under this section from a person 
who is not primarily liable for the same, such person shall be allowed credit for any 
payment which he may have duly made to the person who is primarily liable, and shall be 
 
 
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entitled to credit, or the amount r ecovered from him, in account with the person who is 
primarily liable. 
51. Rate and period of irrigation cess.— (1) The irrigation cess payable in respect of 
any land under the irrigable command of a canal shall be at such rates of such period as 
may be fixed by the Government by notification in the Official Gazette. 
(2) The determination of such rates and period shall be final and shall not be  
questioned in any court: 
Provided that no increase shall be made during such period in the rates so fixed. 
52. Date for payment of irrigation cess. — The irrigation cess recoverable in respect 
of any land shall be leviable on such date as the Government may specify in this behalf. 
53. Payment and recovery of water -rates and other dues. — (1) Every water -rate 
leviable or charged under this Act shall be payable in such instalments and on such dates  
and to such officers as shall from time to time be determined under the orders of the 
Government. 
(2) Any such rate or instalment thereof which is not paid on the date when it become s 
due shall be deemed to be an arrear of land revenue due on account of the land for the use 
of which canal water was supplied or which was benefitted by percolation or leakage  
from any canal and shall be recoverable as such arrear by any of the methods sp ecified in 
section 124 of the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) including 
the forfeiture of the said land. 
(3) The amount of the betterment charges or any of its instalments together with 
interest thereon if not paid on the dates specified  in section 47 and the amount of  
irrigation cess, if not paid on the dates specified in section 52, shall be demand to be an 
arrear of land revenue due on account of the land in respect of which it is payable and  
also be recoverable as such arrear by any o f the methods specified in section 124 of the 
Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969) including the forfeiture of  
the said land. 
(4) Any other sum due to the Government or to the Canal -Officer under the provisions 
of this Act whether on behalf o f Government or any other person under Part III of this  
Act which is not paid when demanded shall, be recoverable as an arrear of land revenue  
in accordance with the provisions of sections 123 and 124 of the Goa, Daman and Diu 
Land Revenue Code, 1968 (9 of 1969). 
 
PART VII 
Of Obtaining Labour in Emergencies 
54. Procedure for obtaining labour for works or repairs urgently required. — (1) 
Whenever it appears to the Canal-Officer, that unless some work or repair is immediately 
executed such serious damage will happen to any canal as to cause sudden and extensive 
public injury or, that unless some clearance of a canal or other work which is necessary in 
order to maintain the established course of irrigation is immediately executed, serious 
public loss will occur,  and that the labourers necessary for the proper execution of such 
work, repair or clearance cannot be obtained in the ordinary manner within the time that 
can be allowed for the execution of the same so as to prevent such injury or loss, the said 
officer may, by order, direct that the provisions of this section shall be put into operation 
for the execution of such work, repair or clearance and thereupon every able -bodied 
person who resides or holds land in or near the locality where such work, repair or 
clearance has to be executed and whose name appears in the list hereinafter mentioned, 
shall, if required to do so by such officer or by any person authorised by him in this 
 
 
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behalf, be bound to assist in the execution of such work, repair or clearance as suc h 
officer or any person authorised by him in this behalf may direct. 
(2) All persons so labouring shall be entitled to payment at rates which shall not be less 
than the highest rates for the time being paid in the neighbourhood for similar labour. 
55. List of Labourers.— Subject to such rules as may be prescribed the Collector 
shall prepare a list of the persons liable to be required to assist as aforesaid and may add  
to or alter such list or any part thereof. 
 
56. Reports to be made by Canal -Officer.— All orders made under section 54 shall 
be immediately reported to the Collector and to the Principal Engineer. 
57. Appeals against order under section 54. — Any person who does not accept the 
amount payable under section 54 may appeal to the Collector within thirty days f rom the 
date of any tender of payment and the decision of the Collector thereon shall be final. 
PART VIII 
Maintenance of Canals 
58. Power to take over canal for maintenance by Government —If the  
Government considers that in the interest of the proper irrigation of lands under any canal 
maintained by any person or body of persons, the work of maintenance of such canals be 
taken over by the Government and the cost of such maintenance or any part thereof 
recovered from the holders of land benefitted by such canal, the Government may, by 
notification make a declaration to that effect and after expiry of a period of not less than 
three months from the date of publication of such notification to be specified therein, the 
Government shall take over and maintain in a fit state of repairs such canal: 
Provided that no artificial reservoir owned by any land holder which is actually used 
for the purpose of irrigation by such land holder shall be declared under this section 
except — 
(i) on the request of the land holder, or 
(ii) in the opinion of the Government, such notification is necessary in the public 
interest: 
Provided further that where a notification is issued in accordance with clause (ii) of the 
preceding proviso, the land holder concerned shall be paid such compensation for t he 
deprivation of his rights as may be awarded by the Collector of the District after such 
inquiry as may be prescribed. 
(2) On such taking over of canal it shall be deemed to be a canal within the meaning of 
clause (2) of section 2 and the provisions of this Act shall mutatis mutandis apply to it. 
 
PART IX 
 
Second-class Canals 
59. Notification of Second-class Canal.— (1) The Government may by notification— 
(a) declare that it is proposed to constitute any canal, channel, stream, river

Excerpt shown. Open the full act in Lexace.

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