LexThe Gujarat Irrigation and Drainage Act, 2013
Gujarat · state statute
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IV
Acts
of
Gujarat
Legislature
and
Ordinances
promulgated
and
Regulations
made
by
the
Governor.
The
following
Act
of
the
Gujarat
Legislature,
having
been
assented
to
by
the
Governor
on
the
2Oth
March,
2013,
is
hereby
published
for
general
information.
,
C.
J.
GOTHI,
Secretary
to
the
Government
of
Gujarat,
Legislative
and
Parliamentaly
Affairs
Department.
GUJARAT
ACT
NO.
6
OF
2013.
(First
published,
after
having
received
the
assent
of
the
Governor,
in
the
"Gujarat
Government
Gazette",
on
the
22"d
March,
2013)
AN
ACT
to
provide
for
irrigation
and
drainage
in
the
State
of
Gujarat.
EREAS
it
is
necessary
to
make
provisions
for
the
construction
relating
to
ilrigation
in
the
State
of
Gujarat
and
for
the
matters
colmected
therewith'and
incidental
thereto.
It
is
hereby
enacted
in
the
Sixty-foulth
Year
of
the
Republic
of
India
as
follows:-
CHAPTER
I
PRELIMINARY
1.
(I)
This
Act
may
be
called
the
Gujarat
Irrigation
and
Drainage
Act,
Short
title,
extent,
2013.
commencement
and
application.
(2)
It
extends
to
the
whole
of
the
State
of
Gujarat.
`
`
(3)
It
shall
come
into
force
on
such
date
as
the
State
Government
may,
by
notification
in
the
Ocia/
Gazette,
appoint.
(4)
It
shall
apply
to
all
the
works
constructed
or
maintained
relating
to
irrigation
by
the
State
Govermnent,
State
Government
Institutions
and
Grant-in-Aid
Institutions
of
the
State
and
includes
all
services
rendered
thereof.
`PART
IV]
6-2
2.
tl)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(4)
OefiJ,itions
In
this
Act,
unless
the
context
otherwise
requires,
-
"Appellate
Authority"
means
Canal-Officer
of
the
rank
of
the
Executive
Engineer
of
the
concerned
project
or
palt
of
the
project;
"canal"
includes
-
all
canals,
channels,
water-courses,
pipes
and
resel-voirs
constructed,
maintained
or
controlled
by
the
Government
for
the
supply
or
storage
of
water;
all
works,
embankments,
structures
and
supply
and
escape-channels
connected
with
such
canals,
channels,
pipes
or
reservoirs;
and
all
roads
constructed
for
the
purpose
of
facilitating
the
construction
or
maintenance
of
such
canals,
channels,
pipes
or
reservoirs;
all
field
channels,
drainage-works
and
flood
embacuts;
river,
stream,
lake,
natural
collection
of
water
or,
natural
drainage-
channels
or
any
part
`thereof,
to
which
the
State
Goneent
may
apply
the
provisions
of
section
4,
or
the
water
of
which
has
been
applied-or
used
before
the
passing
of
this
Act
for
the
purpose
of
any
existing
canal;
all
lands
belonging
to
the
Govenrment
which
are
situated
on
a
bank
of
any
canal,
and
which
have
been
appropriated
under
the
orders
of
the
Goneent
for
the
purposes
of
such
canal;
all
tubewells,
artesian
wells,
borewells
and
dugwells,
constructed
by
the
Governnlent
and
maintained
or
controlled
by
the
Goneent;
percolation
tank
or
pond
used
for
recharge
of
ground
water;
"Canal-officer"
means
any
person
or
an
officer
appointed
as
a
canal-officer
under
section
3
for
the
purposes
of
the
Act;
"drainage
work"
means
any
work
in
connection
with
a
system
of
irrigation
or
reclamation
made
or
improved
by
the
Governlnent
for
the
pmpose
of
the
drainage,
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
from
tow~s;
"Federation"
means
a
federatin
of
recognised
associations;
"field
channel"
means
any
chalmel
or
pipe,
constructed
and
maintained
by
the
holder
of
a
land
either
by
himself
or
jointly
with
other
holders
of
lands
or
constructed
by
the
Government
and
-
-
4
(5)
(6)
PART
IV]
(7)
6-3
maintained
by
such
holder
or
holders
beyond
a
water-course
and
includes
all
subsidiary
works
connected
\vith
any
such
channel
or
pipe;
"flood-embankment"
means
any
embankment
constructed
or
maintained
by
the
Govermnent
in
connection
with
any
system
of
in'igation
or
reclamation
works
for
the
protection
of
lands
from
inundation
or
which
may
be
declared
by
the
Govenlnlent
to
be
maintained
in
connection
with
any
such
system,
and
includes
all
groins,
spurs,
dams
and
other
protective
works
connected
with
such
embankments;
"Govermnent"
means
the
State
Government;
"land
under
irrigable
command
of
a
canal"
means
such
lands
as
are
irrigated
or
capable
of
being
irrigated
from
the
canal,
being
under
its
command
and
shall
include
such
lands
as
are
or
shall
be
deemed
to
be
irrigated
within
the
meaning
of
section
34;
"Lift
Irrigation
Scheme"
means
the
scheme
in
which
the
water
is
pumped
from
water
body
such
as
liver,
stream,
drain,
Hallo,
kotar,
lake,
pond,
reservoir,
bandhara,
canal,
tube-lvell,
natural
collection
of
water,
etc.
and
supplied
to
the
area
situated
at
higher
elevation
for
the
pulpose-of
in.igation
or
other
purpose;
"outlet"
means
an
opening
in
a
canal
through
which
water
is
delivered
into
a
water"-course,
field-channel,
pipeline
or
directly
to
any
land;
"owner"
includes
every
person
having
a
joint
interest
in
the
ownership
in
land,
building
or
such
other
things;
and
all
rights
and
obligations
which
attach
to
an
olvner
under
the
provisions
of
this
Act
shall
attach
jointly
and
severally
to
every
person
having
such
joint
interest
in
the
ownership;
"prescribed"
means
prescribed
by
rules
made
under
section
47;
"Water
Conservation
Structure"
means
any
structure
pern)anent
or
otherwise
constructed
or
maintained
for
the
purpose
of
impounding
or
diverting
water
of
any
river,
stream,
lake
or
any
natural
collection
of
water
and
includes
any
dam,
weirs,
bandhara,
tidal
regulator,
checkdam,
sluices,
head
walls,
groins,
spreading,
chamlels
or
any
other
works
constructed
for
water
conservation;
"water'-course"
means
a
chamlel
constructed
and
maintained
at
the
cost
of
the
Government
to
supply
water
from
an
outlet;
"Water
Users'
Association
(WUA)"
means
an
Association
as
defined
by
clause
(1)
of
section
2
of
the
Gujarat
Water
Users'
(8)
(9)
(IO)
(11)
(12)
(13)
(14)
(15)
(16)
-
,
.
.
.
.
.
.
.
.
.
PART
IV]
6-4
When
water-
supply
to
be
applied
to
canal.
*
-
'Power
of
canal
officer
for
applying
water-
supply.
Entry
for
inquiry.
Participatory
Irrigation
Management
Act,
2007(in
sholt
"PIM
Act,2007");
3.
For
carrying
out
the
purposes
of
this
Act,
the
State
Governlnent
may
by
notification
in
the
Office\ct/
Goette
-
appoint
such
officers
not
below
the
rank
of
Overseer
or
Additional
Assistant
Engineer
as
the
canal-officer
and
assign
to
them
such
powers
and
such
duties
under
this
Act,
as
the
State
Government
may
deem
fit
and
also
specify
the
area
of
jurisdiction;
autholise
or
empower
the
water
users'
association
to
appoint
the
office
bearer
of
the
Association
to
exercise
such
powers
and
perfonn
such
duties
of
the
canal-officer,as
the
State
Goveent
may
deem
fit
and
also
specify
the
area
of
jurisdiction.
(cl)
(b)
CHAPTER
II
CONSTRUCTION
AND
MAINTENANCE
OF
CANAL
SYSTEMS
(A)
pp/ication
of
Water
for
Purposes
of
Canals.
4.
Whenever
it
appears
expedient
or
necessary
to
the
Govenllnent
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
State
Govelnment
for
the
purposes
of
any
existing
or
projected
canal,
the
State
Goveent
may,
by
notification
in
the
Official
Gazette,
declare
that
the
said
water
shall
be
so
applied
or
used
after
such
date
as
may
be
specified
in
the
said
notification,
not
being
earlier
than
tllree
months
from
the
date
thereof.
(B)
Power
of
En-fly
on
Land,
etc.
5.
At
any
time
after
the
date
specified
under
section
4,
any
canal-
officer
duly
empowered
in
this
behalf
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
purposes
may
take
with
him,
or
depute
or
employ,
such
employees
and
other
persons
as
he
deems
fit.
6.
Whenever
it
is
expedient
or
considered
necessary
to
make
any
inquiry
or
examination
in
conllection
with
a
projected
canal,
or
with
the
maintenance
of
an
existing
canal,
any
canal-officer
duly
empowered,
in
this
behalf,
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,
and
(b)
exercise
all
powers
and
do
all
things
in
respect
of
such
land
as
if
the
State
Government
had
issued
a
notification
under
the
provisions
of
I
of
1894.
6-5
section
4
of
the
Land
/\cqu"isition
Act,
1894
to
the
CIfeet
that
such
land
in
that
locality
~
litcly
to
be
needed
for
the
public
purpose,
and
(c)
set
up
and
maintain
\tcr-'gauges
and
do
all
other
things
necessary
for
the
prosecution
of
such
inquiry
and
examination.
7.
Any
canal-officer
or
any
person
acting
under
the
general
or
special
Power
to
inspect
order
of
any
such
canal-officer,
may
enter
upon
any
land,
building
or
water
and
regulate
course,
in
respect
of
which
any
water-rate
is
chargeable,
for
the
pulpose
of
"'ater'-supply.
inspecting
or
regulating
the
use
of
the
water
supplied,
or
of
measuring
the
land
irrigated
thereby
or
chargeable
with
a
water-'rate,
and
of
doing
all
things
necessary
for
the
proper
regulation
and
management
of
the
canal
from
which
such
water
is
supplied.
8.
In
case
of
any
accident
being
apprehended
or
happening
to
a
canal,
Power
to
enter
any
canal-.officer
and
person
acting
under
the
general
or
special
order
of
for
rePairs
and
any
such
canal-officer,
may
enter
upon
any
land
adjacent
to
such
canal,
and
to
prevent
may
take
away
trees
and
other
materials,
and
execute
all
works,
which
may
accldents.
be
necessary
for
the
purpose
of
preventing
such
accident
or
repairing
any
dalnage
done.
9.
When
a
canal-officer
or
other
person
proposes,
under
section
6,
7
or
Notice
to
8,
to-
enter
into
any
building
or
enclosed
court
or
garden
attached
to
a
occuPier
of`
dwelling-house,
not
supplied
with
water
from
a
canal,
and
not
adjacent
to
a
building'
etc'
flood"embaent,
he
shall
give
prior
notice
to
the
occupier
of
such
building,
court
or
garden,
as
the
urgency
of
the
case
may
allow.
(C)
,Canal
Crossings.
10.
-
(1)
The
crossing
canals
shall
be
provided
at
such
places
as
the
Means
of
crossing
Goneent
thinks
necessary
for
the
reasonable
convenience
of
the
canals
to
be
inhabitants
of
the
adjacent
land,
and
suitable
bridges,
culverts
or
other
~et
dto
works
shall
be
constructed
to
prevent
the
drainage
of
the
adJacent
land
dalnage
to
be
being
obstructed
by
any
canal.
avoided.
(2)
The
Government
may
approve
the
crossing
of
canal
systems
by
all
types
of
utility
lines,
if
it
deems
fit,
after
obtaining
necessary
deposits,
rent,
maintenance
and
repair
charges
and
other
applicable
charges.
(3)
The
Goneent
may
approve
the
crossing
of
natural
drain,
diversion
of
natural
drain
by
earthen
bund
or
by
any
means
if
it
deems
fit.
(D)
Removal
of
Obstructions
to
Drainage.
11.
(1)
Whenever
it
appears
to
the
State
Govelnment
that
injury
to
the
State
Government
public
health
or
public
conveni
ence,
or
to
any
canal
or
to
any
such
land
for
may
Prohibit
which
inigation
from
a
canal
is
available,
has
arisen
or
may
arise
from
the
fati
of
.
-
.
onstructxons
oI
obstruction
of
any
river,
stream
or
natural
dralnage-'course,
It
may,
by
r
ers,
etc.,
with`
in
notification
in
the
Ocia/
Gazette,
prohibit,
within
the
limits
to
be
defined
certain
limits.
PART
IV]
6-6
Catlal-officer
may
direct
any
person
to
remove
obstruction.
Canal-officer
may
cause
obstruction
to
be
removed.
.
~
When
drainage
works
are
necessary,
State
Government
may
order
scheme
to
be
carried
out.
b
Construction
and
maintenance
of
Field
Channels.
in
such
noti~fication,
the
formation
of
any
such
obstruction,
or
may,
within
such
limits,
order
the
removal
or
other
modii-leation
of
such
obstruction.
(2)
On
publication
of
the
notification
under
sub-section
(1),
the
said
river,
stream
or
natural
drainage
channel,
as
is
complised
within
such
limits,
shall
be
held
to
be
a
dramage
work
as
defined
by
clause
(4)
of
section
2.
12.
Any
canal-officer
may,
after
publication
of
the
notification
under
sub-section
(1)
of
section
11,
by
an
order,
direct
to
any
person
causing
or
having
control
over
any
such
obstruction
to
remove
or
modify
the
same
within
such
time
as
may
be
specified
in
such
order.
13.
If
within
the
time
specif`ied
under
section
12
such
person
does
not
comply
with
the
order,
the
canal-oft-leer
may
cause
the
obstruction
to
be
removed
or
modified
at
the
cost
of
such
person;
and
if
the
person
to
whom
the
order
was
issued
does
not,
when
called
upon,
pay
the
expenses
of
such
removal
or
modification,
such
expenses
shall
be
recoverable
by
the
Collector
as
an
arrear
of
land-revenue.
(E)
Constructto.n
of
Drainage
Works.
14.
(1)
Whenever
it
appears
to
the
State
Govelnment
that
any
drainage
work
is
necessary
for
the
public
health
or
for
the
improvement
of
the
proper
cultivation
or
irrigation
of
any
land,
or
that
protection
from
floods
or
other
accunulations
of
water,
or
from
erosion
by
a
river,
is
required
for
any
land,
the
State
Governlnent
may
cause
a
scheme
for
such
work
to
be
drawn
up
and
canied
into
execution.
(2)
The
person
authorised
by
the
State
Govenlment
may
authorise
any
person
to
draw
up
and
execute
the
scheme
referred
to
under
sub-section
(1)
and
thereupon
such
person
may
exercise
in
conllection
therewith
the
powers
confen.ed
on
canal-officer
under
sections
6,
7
and
8
and
shall
be
liable
to
the
obligations
imposed
upon
canal-officer
under
sections
9
and
22.
CHAPTER
III
CONSTRUCTION
AND
MAINTENANCE
OF
FIELD
CHANNELS
15.
(1)
Where
there
does
not
exist
field
channel
in
any
service
area
in
which
lands
are
capable
of
being
irrigated
from
a
canal,
the
State
Goveent
may
construct
the
field
channel
in
the
public
interest
at
the
cost
of
the
State
Govermnent,
which
is
likely
to
be
needed
for
construction
of
proposed
field
channel.
(2)
Th
field
channel
constructed
by
the
State
Government
under
sub-
section
(1)
shall
be
maintained
in
accordance
with
the
rules
as
may
be
prescribed.
6-7
16.
(1)
tvery
pel.son
desiring
to
have
a
supply
of
water
from
a
canal
Application
for
shall
submit
a
writtc
application
to
that
effect
to
the
canal-oftcer,
in
such
suPPly
of
water.
form
.alongwith
such
fecs
as
may
be
prescribed.
(2)
The
provisiol
s
of
sub-section
(1)
shall
not
apply
to
the
projects
or
part
of
the
project
where
the
minor
canal
selvice
area
is
declared
and
implemented
under
section
3
of
the
PIM
Act,
2007.
(3)
On
receipt
of
an
application
made
under
sub-section
(1),
the
canal-
officer
may
grant
pennission
for
water
to
be
taken
subject
to
such
conditions
and
restrictions,
as
to
the
limitation,
control
and
measurement
of
the
supply
to
impose
in
relation
to
the
use
of
water
for
any
palicular
purpose
as
may
be
prescribed.
17.
The
supply
of
water
to
any
field-channel
or
to
any
person
who
is
Power
to
stop
entitled
to
such
supply
shall
not
be
stopped
except
-
water-suPPly'
Gltj.
18
of
2007.
(a)
(b)
(c)
(d)
(e)
whenever
and
so
long
as
it
is
necessary
to
stop
such
supply
for
the
pulpose
of
executing
any
work
ordered
by
canal-
officer;
whenever
and
so
long
as
may
field-channel
by
which
such
supply
is
received
is
not
maintained
in
such
repair
as
to
prevent
the
wasteful
escape
of
water
therefrom;
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;
whenever
and
so
long
as
it
may
be
necessary
to
do
so
in
order
to
prevent
the
wastage
or
misuse
of
water;
within
the
periods
fixed
from
time
to
time
by
a
canal-officer
of
which
due
notice
shall
be
given;
whenever
and
so
long
as
it
is
necessary
to
stop
such
supply
pending
a
change
in
the
source
thereof
by
a
canal-officer;
in
accordance
with
the
condition,
if
any,
providing
for
stoppage
of
water
supply,
subject
to
which
pennission
for
water
supply
to
be
taken
may
have
been
given.
-
(g)
18.
When
canal-water
is
supplied
for
the
irrigation
of
one
or
more
crops
Duration
of
only,
the
petmission
to
use
such
water
shall
continue
until
such
crop
or
water
snPPIy.
crops
come
to
maturity,
and
shall
be
valid
only
for
such
crop
or
crops.
19.
(1)
Every
agreement
for
the
supply
of
canal-water
to
any
land,
Agreement
for
building
or
other
immovable
propelty
shall
be
transferable
therewith,
and
s~lwl~
'shall
be
presumed
to
have
been
so
transferred
whenever
a
transfer
of
such
property
in
respect
laud,
building
or
other
immovable
property
takes
place.
of
which
water
supply
given.
(2)
No
person
entitled
to
use
of
any
work
or
land
appeltaining
to
any
canal
and
except
in
the
case
of
any
such
agreement
as
aforesaid,
no
person
PART
IV}
6
-8
CcHlPensation
20.
Compensation
may
he
awarded
in
respect
of
any
substantial
damage
~rbfe
of
caused
by
the
exercise
of
any
of
the
powers
confen`ed
by
or
uilder
this
Act,
substantial
which
is
capable
of
being
asceltained
and
estimated
at
the
time
of
awarding
damage.
such
compensation:
Provided
that
no
compensation
shall
be
awarded
in
respect
of
any
damage
arising
from
-
(a)
(b)
(c)
(d)
deterioration
of
climate,
or
stoppage
of
navigation,
or
the
means
of
rafting
timber
or
of
watering
cattle,
or
stoppage
or
diminution
of
any
supply
.of
water
in
consequence
of
the
exercise
of
the
power
conferred
by
section
4,
if
no
use
has
been
made
of
such
supply
within
the
five
years
prior
to
the
date
of
issue
of
the
notification
under
section
4,
or
failure
or
stoppage
of
the
water
in
a
canal,
when
such
failure
or
stoppage
is
due
to-
(i)
any
cause
beyond
the
control
of
the
State
Govermnent,
(u")
the
execution
of
any
repairs,
alterations
or
additions
to
the
canal,
or
(iii)
any
measures
considered
necessary
by
any
canal"
officer
for
regulating
the
proper
flow
of
water
in
the
canal,
or
for
maintaining
the
established
com'Se
of
irrigation;
but
any
person
who
suffers
loss
from
any
stoppage
or
diminution
of
bis
water-supply
due
to
any
of
the
causes
specified
in
clause
(d)
shall
be
entitled
to
such
remission
of
the
water-rate
payable
by
him
as
may
be
authorised
by
the
Governnlent.
Limitation
of
21.
No
claim
for
compensation
under
this
Act
shall
be
entertained
after
claims'
the
expiration
of
twelve
months
from
the
time
when
the
damage
complained
has
commenced,
unless
the
Appellate
Authority
is
satisfied
that
the
claimant
had
sufficient
cause
for
not
making
the
claim
within
such
period.
(B)
Sun7lnal:l
Decision.
ComPensation
for
22.
In
every
case
of
entry
upon
any
land
or
building
under
section
5,
6,
damage
caused
by
7
or
8,
the
canal-officer
or
person
making
the
ently
shall
ascel`tain
and
entry
on
land'
etc'
record
the
extent
of
the
damage,
if
any,
caused
by
the
entry,
or
in
the
PART
IV]
6-9
4
23.
If
the
supply
of
water
to
any
land
irrigated
from
a
canal
is
Compensation
on
intemlpted
otherwise
than
in
the
manner
described
in
clause
(d)
of
section
account
of
20,
the
holder
of
such
land
may
prefer
an
appeal
for
compensation
to
the
in
terruPtio"
of
Appellate
Authority
for
any
loss
arising
from
such
interruption,
and
the
`vater-s"PPly
Appellate
Authority,
after
consulting
the
canal-officer
shall
award
to
the
applicant
reasonable
compensation
for
such
loss.
24.
The
decision
of
the
Appellate
Authority
under
section
22
or
23
as
to
Decision
as
to
the
amount
of
compensation
to
be
awarded,
or,
if
any
rule
framed
under
amount
of
section
47,
the
decision
of
the
appellate
authoritv
in
the
matter
prescribed
co"Pens.at'fln
,
r
r
-
r
conclusive.
under
section
47
shall
be
conclusive
and
final.
(C)
Formal
Adjudicatto'n.
25.
As
soon
as
practicable
after
the
issue
of
a
notification
under
section
Notice
as
to
claim
4,
the
Collector
shall
cause
a
public
notice
to
be
given
at
convenient
places,
for
comPensatifln
stating
that
the
Government
intends
to
apply
or
use
the
water
as
aforesaid,
in
ce'taifl
cases
and
that
claims
for
compensation
may
be
made
before
him.
A
copy
of
sections
20
and
21
shall
be
atmexed
to
every
such
notice.
26.
All
claims
for
compensation
under
this
Act,
other
than
the
claims
Claim
to
be
provided
for
in
sections
22
and
23,
shall
be
made
to
the
Collector
of
the
referred
to
district
in
which
such
claim
arises.
Collector'
27.
(I)
The
Collector
shall
inquire
into
every
such
claim
and
detennine
Provisions
of
Land
the
amount
of
compensation,
if
any,
which
may,
in
his
opinion
be
given
to
Acquisition
Act,
the
claimant,
and
shall
make
an
award.
1894
to
apply
in
`-
Inquiry
and
award.
(2)
Eveiy
award
made
under
sub-section
(1)
shall
be
in
the
form
of
award
declared
under
section
26
of
the
Land
Acquisition
Act,
1894,
and
the
provisions
of
the
said
Act
shall
so
far
as
may
be,
apply
to
the
inquiry
and
the
making
of
an
award
under
sub-section
(1).
28.
In
detennining
the
amount
of
compensation
under
section
27,
regard
Diminution
in
shall
be
had
to
the
diminution
in
the
market-value,
at
the
time
of
awarding
market
value
to
be
compensation,
of
the
property
in
respect
of
which
compensation
is
claimed.
considered
in
fiXing
Where
such
market-value
is
not
ascertainable,
the
amount
shall
be
reckoned
comPensat'on.
at
twelve
times
the
amount`
of
the
diminution
of
the
annual
net
profits
of
such
propeity.
29.
(1)
All
sums
of
money
payable
for
compensation
awarded
under
Compensation
section
27
shall
be
due
three
months
after
the
claim
for
such
compensation
when
due
and
was
made.
interest
thereon.
I
of
1894.
6
-
10
q
,
.
A'.
TR
RATES
.
(A)
Stq,ply
Rates.
Rates
for
supply
30..
(1)
The
State
Goveniinent
may
deterniine
the
rates
leviable
for
of
c.anal-water'
canal-water
supplied
for
pulposes
of
in'igation,
or
for
other
pulposes.
,,
(2)
In
case
the
construction
of
a
new
canal
.or
to
the
improvement
or
extension
of
an
existing
canal,
the
amount
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
State
Govermnent,
is
increased,
rates
shall
be
leviable
tmder
this
section
in
respect
of
the
increased
water-supply
only.
(3)
The
rates.
shall
be
payable
by
the
person
on
whose
application
the
-water
supply
was
granted,
or
by
any
person
who
uses
the
water
so
supplied.
(B)
Water
rates
for
unauthorts'
ed
used
and
waste
of
water.
-
Liability
when
Person
31.
If
water
supplied
tllrough
a
field-channel
be
used
in
an
unauthorised
using]IX
I||
wale
manner,
and
if
the
person
by
whose
act
or
neglect
such
use
has
occurred
~edent
Isey
cannot
cannot
be
identified
-
(i)
the
person
or
all
the
persons
on
whose
land
such
water
has
flowed,
,
.
,
if
sucl`
land
has
~derived
benefit
there.
from,
or
,
.
(ii)
if
no
land
has
derived
benefit
therefrom,
the
person,
or
all
the
persons
chargeable
.in
respect
of
the
water
supplied
tiTrough
such
field-chalmel,
dD,'
shall
be
liable,
or
jointly
liable,
as
the
case
may
be,
for
the
charges
which
shall
be
payable
for
such
use
as
may
be
prescribed.
Liability
when
32.
(I)
If
water
supplied
tlHough
a
field-channel
be
suffered
to
run
to
water
runs
to
waste,
and
if,
after
inquiry,
the
person
through
whose
act
or
neglect
such
waste'
water
was
suffered
to
run
waste
cannot
be
discovered,
the
person
or
the
persons
in-charge
of
the
water
supplied
through
a
field-chamlel
shall
be
liable,
or
jointly
liable,
as
the
case
may
be,
for
payment
of
such
charges
as
may
be
prescribed
which
shall
be
made
in
respect
of
the
water
so
wasted.
(2)
All
questions
arising
under
sections
31
and
32
shall,
subject
to
the
provisions
of
section
43,
be
decided
by
the
respective
canal-officer.
Charges
33.
All
charges
for
the
unauthorised
use
or
for
waste
of
water
may
be
ecove,rhie
recovered,.
as
water-rates,
in
addition
to
any
penalty
as
decided
by
the
in
addition
.
"`
-
`
A
-
"
t
GK
LxI]|eIlaItieS.
Governnient
on
account
ot
such
use
or
waste.
-
-
d
PART
IV]
-l1
(C)
Wate,.
rates
for
percolat.ion
and
leu""~
"e.
34.
If
it
appears
to
a
canal-officer-
(i)
that
any
cultivated
land
within
two
hundred
meters
of
any
nd
deriving
canal
receives,
by
percolation
or
leakage
from
such
canal,
an
l-)e
j
7
cfit
from
advantae
equ~valent
to
that
which
would
b
inen
by
a
direct
"
o!atio
~
f;.a,.f)fe
1
-
-
o
paymeat
o-i
supply
of
canal-water
for
Irrigation,
or
Va`ter
rate.-
(u")
that
any
cultivated
land,
wherever
situate,
derives
by
a
surface..`ffow
or
by
means
of
a
well-sunk
within
t\vo
hundred
meters
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-fate
not
exceeding
that
which
would
ordinarily
have
been
charged
for
a
similar
direct
supply
to
land
similarly
cultivated.
Explanation.-
For
the
purposes
of
this
Act,
land
charged
ullder
this
section
shall
be
deemed
to
be
land
irrigated
from
a
canal.
35.
If
it
appears
to
a
canal-officer
to
enforce
the
provisions
of
this
Levy
of
water
rate
section
that
any
natural
stream,
artificial
drain
or
well
Suldlk
within
two
for
use
of
hundred
meters
of
any
canal
is
deriving
percolation
water
from
such
canal,
ercofat~on
wer
and
the
water
from
such
stream,
drain
or
well
is
used
for
the
purposes
other
~rf~
gal
'on
than
those
of
ilrigation,
he
may
charge
for
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.
(D)
Recovery
of
water
rates
and
other
rates
in
arrears.
36.
(1)
Every
water-rate
leviable
or
charged
under
this
Act
shall
be
Payment
and
pavable
in
such
installments
and
on
such
dates
and
to
such
officers
and
in
recovery
of
water
uh
manner
as
may
be
prescribed;
and
if
the
person
who
is
liable
to
pay
and
other
such
installments,
makes
default
in
such
payment
on
the
date
when
it
becomes
due,
be
shall
be
liable
to
pay
interest
at
such
rate
and
within
such
period
as
may
be
prescribed.
(2)
Any
such
rate
of
the
installment
specified
in
sub-section
(1)
or
the
interest
which
is
not
paid
on
the
date
when
it
becomes
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
wllich
was
benefited
by
percolation
or
leakage
from
any
canal
and
shall
be
recoverable
as
such
arrear
by
any
of
Born.
v
or
1879.
the
methods
specified
in
section
150
of
the
Gujarat
Land
Revenue
Code,
1879,
including
the
forfeiture
of
the
said
land.
(3)
Any
rent
payable
to
the
owner
of
a
field-channel
by
a
person
authorised
to
use
such
field-channel
may
be
paid
in
such
installments
and
on
such
dates
as
the
canal-officer
shall
direct
and
no
more
of
such
rent
shall
at
any
time
be
payable
to
the
owner
thereof
than
it
is
actually
recovered
from
the
person
liable
to
pay.
d
6-12
(4)
(a)
Any
other
sum
due
to
the
State
Govern.ment
or
to
a
canal'-off-icer
under
the
provisioIs
of
this
Act
whether
on
behalf
of
the
State
Govermneut
or
any
otber
person
ulIder
this
Act
which
is
not
paid
when
demanded
shall,
and
(b)
aly
rent
or
installment
thereof
payable
to
the
owner
of
a
field-cllannel,
w`ilicll
is
not
paid
when
it
becomes
due
may,
on
behalf
of
the
owncr,
be
recoverable
as
an
arrear
of
land
revenue
in
accordance
with
the
Bow`
V
of
1879'
pl.OviSiOnS
of
the
Gujarat
Land
Revenue
Code,
1879.
CHAPTER
VII
OFENCES
AND
PENALTIES
Whoever
voluntarily
and
without
proper
authority-
Penalty
for
damaging
canal,
etc.
-
37.
Ci)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
damages,
alters,
enlarges
or
obstructs
any
canal;
interferes
with,
or
increases
or
diminishes
the
supply
of
water
in,
or
the
flow
of
water
from,
tllrough,
over
or
under
any
canal,
or
by
any
means
raises
or
lowers
the
level
of
the
water
in
any
canal;
corrupts
or
fouls
the
water
of
any
canal
so
as
to
render
it
less
fit
for
the
purposes
for
which
it
is
ordinarily
used;
destroys,
defaces
or
moves
any
land
or
level
mark
or
water
gauge
fixed
by
the
authority
of
a
public
servant;
destroys,
tampers
with,
or
removes
any
apparatus
or
palt
of
any
apparatus,
for
controlling,
regulating
or
measuring
the
flow
of
water
in
any
canal;
passes
or
causes
animals
or
vehicles
to
pass,
in
or
across
any
of
the
works,
banks
or
chalmels
of
a
canal
contrary
to
the
rules
made
under
this
Act,
after
he
has
been
desired
to
desist
therefrom;
causes
or
knowingly
and
wilfully
permits
cattle
to.
graze
upon
any
canal
or
flood-embankment,
or
tethers
or
causes
or
knowingly
and
wilfnIly
pelrnits
cattle
to
be
tethered,
upon
any
such
canal
or
embankment,
or
roots
up
any
grass
or
other
vegetation
growing
on
any
such
canal
or
embankment,
or
removes,
cuts
or
in
any
way
injures,
or
causes
to
be
removed,
cut
or
otherwise
injures
any
tree,
bush,
grass
or
hedge
intended
for
the
protection
of
such
canal
or
embankment;
neglects,
without
reasonable
cause
to
assist
or
to
continue
to
assist
in
the
execution
of
any
repair,
clearance
or
work,
when
lawfully
bound
so
to
do;
violates
any
rule
made
under
this
Act
for
breach
thereof;
(,'iii)
(I,-)
PART
IV]
XLV
of
1860.
shall,
when
such
act
shall
not
amount
to
the
offence
of
committing
mischief
within
the
meaning
of
the
Indian
Penal
Code,l86O
on
conviction
before
a
Magistrate,
he
punished
for
each
of
such
offences
with
imprisomnent
for
a
ternl
which
may
extend
to
ibree
months
or
with
fine
which
may
extend
to
five
thousand
rupees
or
with
both.
.V\Tlloever
without
proper
authority-
38.
pierces
or
cuts
through
or
attempts
to
pierce
or
cut
through
or
otherwise
damage,
destroy
or
endanger
the
stability
of
any
canal;
opens,
shuts
or
obstructs
or
attempts
to
open,
shuts
or
obstructs
any
sluice
in
any
canal;
makes
any
dam
or
obstruction
for
the
purpose
of
diverting
or
opposing
the
current
of
a
river
or
canal
on
the
bank
whereof
there
is
a
flood
embankment
or
refuses
or
neglects
to
remove
any
such
dam
or
obstruction
when
lawfully
required
so
to
do,
Penalty
for
endangerillg
stability
of
canal,
etc.
(i)
(ii)
(iii)
4
shall,
when
such
act
shall
not
amount
to
the
offence
of
committing
mischief
within
the
meaning
of
the
Indian
Penal
Code,1860
on
conviction
before
a
Magistrate
of
the
First
Class,
be
punished
for
each
of
such
offences
with
imprisonment
for
a
term
which
may
extend
to
six
months
or
with
fine
which
may
extend
to
ten
thousand
rupees
or
with
both.
XLV
of
1860.
-
39.
Whenever
any
person
is
convicted
under
section
37
or
38,
the
Obstruction
to
Magistrate
may
order
that
he
shall
remove
the
obstruction
or
repair
the
be
removed
and
damage
in
respect
of
which
the
conviction
is
held,
W4ithin
a
period
to
be
damage
repaired'
fixed
in
such
order.
If
such
person
neglects
or
refuses
to
obey
such
order
Ivithin
the
period'so
fixed,
the
canal-officer
duly
empowered
in
this
behalf
may
remove
such
obstruction
or
repair
such
damage
and
the
cost
of
such
removal
or
repair,
as
certified
by
the
said
officer,
shall
be
leviable
from
such
person
by
the
Collector,
as
an
arrear
of
land
revenue.
40.
Any
person
in-charge
of
or
employed
upon
any
canal
may
remove
Person
employed
from
the
lands
or
buildings
belonging
thereto,
or
may
take
into
custody
on
canal
may
take
without
a
warrant
and
take
forth
with
before
a
magistrate
or
to
the
nearest
offenders
info
police-station,
to
be
dealt
with
according
to
}aw,
an
person
who
within
his
custody.
view,
(i)
(ii)
wilfully
damages,
obstructs
or
fouls
any
canal,
or
without
proper
authority
interferes
with
the
supply
or
flow
of
water
in
or
from
any
canal
or
in
any
1"iver
or
stream
so
as
to
endanger,
damage,
make
dangerous
or
render
less
useful
any
canal.
-
41.
Nothing
herein
contained
shall
prevent
any
person
from
being
Saving
of
prosecuted
under
any
other
law
for
any
act
or
omission
made
punishable
by
Prosecutions
this
Act:
under
other
laws.
PART
IV]
I
(2)
If
such
fine
is
awarded
by
a
Coult
whose
decision
is
subject
to
appeal
or
revision,
the
amount
awarded
shall
not
be
paid
until
the
period
prescribed
for
presentation
of
the
appeal
has
lapsed,
or
if
an
appeal
be
presented
till
the
appeal
is
decided.
.
.
,.
CHAPTER
VIII
APPEAL
-
Appeal
against
43.
(1)
Any
person
aggrieved
by
the
order
of
the
canal-officer
may
order
of
canal-
make
an
appeal
to
the
Appellate
Authority
to
whom
`the
canal-officer
officer'
passing
the
order
is
subordinate.
(2)
No
appeal
shall
be
maintainable
after
the
expiry
of
thirty
days
from
the
date
on
which
the
order
appealed
against
was
communicated
`to
the
appellant:
Provided
that
such
appeal
may
be
entertained
by
the
Appellate
Authority
after
the
said
stipulated
pel`l`od
if
it
is
satisfied
that
there
are
sufficient
reasons
for
condoning
'such
delay
in
preferring
the
appeal.
(3)
An
appeal
shall
be
made
in
such.mamler,
to
such
authority
and
shall
be
accompained
with
such
fees
as
may
be
prescribed.
Power
of
civil
44.
(1)
The
Appellate
Authority
under
this
Act
shall
have
the
same
court
for
certain
powers
for
the
purposes
of
making
inquiries
under
this
Act
as
are
vested
in
Put'Poses'
the
Court
under
the
Code
of
Civil
Procedul`e,
1908
in
respect
of
the
following
matters,
namely:-
V
of
1908.
F
XrLV
of
1860.
-
(
enforcing
the
attendance
of
any
person
as
a
witness
and
examining
him
on
an
oath;
(b)
compelling
the
production
of
documents
and
material
objects;
(c)
issuing
commissions
for
the
examination
of'witnesses;
and
(d)
proof
of
facts
by
affidavits.
-
-
(2)
All
inquiries
and
appeals
under
this
Act
shall
be
deemed
to
be
judicial
proceedings
within
the
meaning
of
sections
193,
219
and
228
of
the
Indian
Penal
Code,1860.
,
Service
of
45.
Service
of
any
notice
under
this
Act
shall
be
made
by
delivering
or
notice.
tendering
a
copy
thereof
signed
by
the
officer
therein
mentioned.Whenever
it
may
be
practicable,
the
service
of
the
notice
shall
be
made
on
the
person
therein
named.
When
such
person
cannot
be
found,
the
service
may
be
made
on
any
adult
male
member
of
his
family
residing
with
him;
and
if
no
PART
IV}
6-15
such
adult
male
member
can
be
found,
the
notice
may
be
set-
/ed
by
fixing
the
copy
on
the
outer
door
of
the
house
in
which
the
person
therein
named
ordinarily
dwells
or
carries
on
business;
and,
if
such
person
has
no
ordinary
place
of
residence
Witttin
the
district,
setvice
of
any
notice
may
be
made
by
sending
copy
of
such
notice
by
post
in
a
registered
cover
addressed
to
such
person
at
his
usual
place
of
residence.
CHAPTER
IX
.
MISCELLANEOUS
'
v
46.
No
suit,
prosecution
or
other
legal
proceedings
shall
lie
against
the
Protection
of
State
Govenunent
or
any
officer
or
employee
of
the
Government
for
action
taken
in
anything
which
is
in
good
faith
done
or
intended
to
be
done
in
pursuance
of
good
faith
the
provisions
of
this
Act
or
any
rule,
notification
made
or
issued
thereunder.
47.
(I)
The
State
Goneent
may,
by
notification
in
the
Ocial
Gazette,
Power
to
make
make
rules
for
carrying
out
the
purposes
of
this
Act.
roles'
(2)
In
particular
and
without
prejudice
to
the.
generality
of
the
foregoing
power,
such
rules
may
provide
for
all
or
any
of
the
following
matters,
namely:-
(a)
the
proceedings
of.
any
officer
who
ullder
any
provision
of
this
Act,
is
required
or
empowered
to
take
action
in
any
matter;
)
the
matters
in
which,
the
officers
to
whom
and
the
conditions
subject
to
which,
the
orders
and
decisions
given
under
any
provision
of
this
Act
and
not
expressly
provided
for
as
regards
appeal,
shall
be
appealable;
(c)
the
manner
of
construction
and
maintenance
of
a
field-channel
under
section
15;
(
the
amount
of
any
charge
to
be
made
under
this
Act;
(e)
fonn
of
application,
fees
to
be
paid
with
application,
conditions
for
grant
of
permission
for
supply
of
water
under
section
16;
matters
under
section
24,
in
which
the
decision
of
Appellate
Authority
shall
be
final;
(g)
charges
payable
for
unauthorised
use
of
water
under
section
31;
charges
payable
for
wastage
of
water
under
section
32;
(i)
manner
and
timelimit
of
payment
of
instalments,the
authority
to
whom
p`ayment
made;
rates
of
interest
payable
and
the
period
within
which
interest
shall
be
paid
under
section
36;
0)
the
maimer
of
appeal,
fees
and
the
authority
to
whom
appeal
shall
lie
under
section
43;
any
other
matter
which
is
or
may
be
provided
by
rules
under
this
Act.
(3)
All
rules
made
under
this
section
shall
be
laid
for
not
less
than
thiity
days
before
the
State
Legislature,
as
soon
as
possible
after
they
are
made
and
shall
be
subject
to
rescission
by
the
State
Legislature
or
to
such
modification
as
the
State
Leostature
may
make
during
the
session
in
which
they
are
so
laid
or
the
session
immediately
following.
PART
IV]
I
Definitions.
48.
-
'Regulation
of
construction
and
maintenance
of
tube,veils,
etc.`
In
this
Chapter,
ullless
the
context
otherwise
requires,-
`
(
"artesian
well"
means
a
well
which
taps
artesian
or
piestic
water
having
piezometric
level
above
the
ground;
)
"borewell"
means
a
well
drilled
in
hard
rock
areas
where
the
bore
can
stand
on
its
own
and
where
lining
by
pipes
is
not
necessary;
and
includes
a
dug-cum-f
ore
well;
(c)
"ground
water"
means
water
under
the
sul"'face
of
the
earth
regardless
of
the
geological
structure
in
which
it
is
stationary
or
moving
and
includes
all
grotmd
water
reservoirs;
(
re.
scribed"
means
prescribed
by
nlles
made
under
section
,
,
(e)
"tubewell"
means
a
deep
bore
drilled
into
the
ground
for
the
purpose
of
drawing
water
through
onc
or
series
of
pernleable
layers
of
water
bearing
strata.
(2)
The
State
Governnlent
may,
by
a
like
notification,
direct
that
the
provisions
of
this
Chapter
shall
cease
to
apply
to
such
area
on
and
from
such
date
as
may
be
specifled
in
the
notification;
and
with
effect
on
and
from
that
date,
the
said
provisions
shall
cease
to
apply
to
such
area,
except
as
respects
things
done
or
omitted
to
be
done
bfore
such
cesser.
50.
Notwithstanding
anything
contained
in
the
Gujarat
Land
Revenue
Code,
1879
or
in
any
other
law
for
the
time
being
in
force,
no
holder
of
any
land
assessed
or
held
for
the
putpose
of
agriculture
within
the
meaning
of
the
said
Code
(hereinafter
in
this
Chapter
referred
to
as
"the
agricultural
land")
shall
construct,
or
cause
or
pelmit
to
be
constructed,
any
tubewell,
artesian
well
or
borewell,
exceeding
the
depth,
as
may
be
prescriExcerpt shown. Open the full act in Lexace.