LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The KARNATAKA IRRIGATION ACT, 1965.

Karnataka · state statute
Open in Lexace · Ask the AI about this act
THE KARNATAKA IRRIGATION ACT, 1965. 
ARRANGEMENT OF SECTIONS 
Statements of Objects and Reasons. 
Sections: 
1. Short title, extent, commencement and Application. 
2. Definitions. 
3. Appointment of officers. 
CHAPTER II 
CONSTRUCTION, CONTROL AND MAINTENANCE OF IRRIGATION WORKS 
4. Constructon, control and maintenance of irrigation works only with consent of Government 
and subject to conditions. 
5. Notification to issue when water supply is to be applied for purposes of  irrigation works. 
6. Entry for inquiry. 
7. Power to inspect and regulate supply. 
8. Power to enter for repairs and to prevent accidents. 
9. Notice to occupier. 
10. Means of crossing canals to be provided and obstruction to drainage to be avoided. 
11. Government may prohibit obstructions of rivers, etc., within certain limits. 
12. Irrigation Officer may issue order to person causing obstruction. 
13. Irrigation Officer may cause obstruction to be removed. 
14. Construction of drainage works. 
CHAPTER III 
FIELD CHANNELS 
15. Determination of the need for field-channels and their alignment in any area. 
16. Deputy Commissioner to acquire land. 
17. Such acquired land to remain as property of Government. 
18. Omitted. 
19. Omitted. 
20. Obligations of  user of the field-channel.  
21. Omitted. 
22. Omitted. 
23. Omitted. 
24. If user fails to execute work or to repair fi eld-channel Irrigation Officer  may execute the 
same. 
25. Omitted. 
26. Construction of field channel in lands acquired. 
CHAPTER  IV 
REGULATION OF IRRIGATION 
27. Regulation of water supply from irrigation works. 
28. Application for permission to use water from an irrigation work. 
 2
29. Stoppage of water supply. 
30. Supply of water for irrigation of one or more crops. 
31. Regulation of cultivation on lands. 
32. Power to prescribe the kind of crop to be gr own under the irrigation area and the period of 
sowing such crop. 
CHAPTER V 
AWARD OF COMPENSATION 
33. Compensation for damage caused consequent on the exercise of powers conferred by this 
Act. 
34. Limitation of claims. 
35. Compensation for damage caused by entry on land, etc. 
35. Claims to be prefered to the Deputy Commissioner. 
37. Appeal. 
38. Compensation when due and interest payable. 
39. Omitted. 
CHAPTER VI 
OF OBTAINING LABOUR IN EMERGENCIES 
40. Requisition of labour for urgent works or repairs etc. 
41. Payment to persons requisitioned. 
42. Appeals against order under sectiion 41. 
CHAPTER VIII 
MAINTENANCE OF IRRIGATION WORKS 
43. Power to take over irrigation works for maintenance by Government. 
44. Levy of maintenance cess. 
45. Payment  to Tungabhadra Board, etc. 
CHAPTER VIII 
SAFEGUARDS FOR IRRIGATION WORKS 
46. Limitation in respect of irrigation works. 
47. Interference with the functioning of cross drainage works. 
48. Obligations of owners in respect of works affecting safety of canals. 
49. Mining or quarrying near irrigation works. 
50. Excavation of wells near irrigation works. 
51. Operation of sluice gates, etc. 
52. Fishing and plying of boats, etc. 
53. Letting out of water from canal prohibited. 
54. Depositing produce of mines in or near channels prohibited. 
CHAPTER IX 
PENALTIES AND PROCEDURE 
55.  Offences under the Act. 
56. Persons convicted under section 55 liable to repair the damage, etc. 
 3
57. Abetment. 
58. Punishment for vexatious exercise of power. 
59. Punishment under other laws not barred. 
60. Offences under this Act to be cognizable. 
60A. Compounding of offences. 
61. Power to remove obstruction or damage to work. 
62. Payment of fine as reward to informant. 
CHAPTER IXA 
FUNCTIONS OF WATER USERS SOCIETY ETC., 
62A. Functions of Water Users Society. 
62B. Functions of Water Users Distributary Level Federation. 
62C. Functions of Water Users Project Level Federation. 
62D. Water User Apex Level Federation. 
62E. Effect of other laws. 
62F. Power to exempt certain projects. 
CHAPTER X 
MISCELLANEOUS 
63. Recovery of cost of repairing damage when the offender is unascertainable. 
64. Liability when person using water unauthorisedly cannot be found. 
65. Appeals against orders under the Act. 
66. Power of revision. 
67. Power to summon and examine witnesses. 
68. Service of notices. 
69. Bar of certain proceedings, etc. 
70. Offences by companies. 
71. Power to make rules. 
72. Repeal and savings. 
* * * * 
STATEMENTS OF OBJECTS AND REASONS. 
 Act 16 of 1965.-  There are at present different enactments in force in the different areas of 
the State in regard to the construction, main tenance and regulation of i rrigation works and other 
matters pertaining to irrigation.  An Act ca lled the Mysore Irrigation (Levy of Betterment 
Contribution and Water Rate) Act, which was pass ed by the Legislature in 1957, consolidated all 
the provisons in these enactments, in so far as t hey related to the levy of betterment contribution 
and water rate.  The present Bill seeks to consolidat e all the remaining provisions of the Irrigation 
and other allied Acts in force in the different areas. 
 The Bill provides among other things for the regulation of water from irrigation works, and 
gives certain powers to irrigation officers in r egard to the survey, inve stigation, execution and 
maintenance of irrigation works.  It provides  as before for the performance of customary 
obligations in regard to maintenance of irrigation works by the beneficiaries.  There is provision 
for taking over certain notified i rrigation works all over the Stat e for maintenance by Government 
if it is found necessary to do so in the intere st of their proper preservation and of the economic 
 4
utilization of and regulation of water from such works.  This is subject to the payment by the 
beneficiaries of a cess, the proceeds of which will be put into a fund.  A contribution up to 50 per 
cent of such proceeds is to be made by Govern ment to the fund out of the general revenues.  
This fund is to be utilised not merely for maint enance but also for providing facilities for proper 
use of water from the irrigation work and for c onstructing and maintaining ayacut roads, culverts, 
etc., in the irrigated area.  It is proposed to take  over all but very small irrigation works for 
maintenance over a period of years, so that at the end of that period, the State will have complete 
control and responsibility for maintenance of all such works, while the responsibility for the others 
will continue to vest in the beneficiaries or other appropriate agencies. 
 Provision has also been made in the Bill for t he construction by Government Agency of all 
water courses with a capacity of not below one cusec, leaving the responsiblity for construction of 
water courses having a smaller capacity (called 'f ield channels') to the ry ots.  At present the 
practice in this behalf varies from one area to anot her, the smallest capacity of water courses to 
be constructed by Government being 3 cusecs in some areas.  The lowering of the limit is 
intended to provide greater facilities to ryots and to promote the speedy development of irrigation, 
particularly under major projects.  There is also provision to enable Government to construct field 
channels in the event of failure on the part of the ry ots to construct them, subject to recovery of 
the cost of such construction from the holders of lands benefited from such field channels. 
 The Bill also provides for certain safeguards for irrigation works and for certain safeguards for 
irrigation works and for penalties for the contravention of the  mandatory provisions of the Bill.  
 (Published in Karnataka Gazette (Extra ordi nary) Part IV -2A dated 18.12.1959 as No. 102 at 
pages 28-29.) 
II 
 Amending Act 12 of 1969.-  According to the Mysore Irrigation Act, 1965, firld channels may 
be constructed either by a pers ons whose lands  would be benifit ed by the construction or by 
Government at the instance of such persons. It is now proposed to provide that Government itself 
shall construct all fields channels at Government cost. 
 It is further proposed to provide that  the procedure relating to acquistion of lands and 
payment of compensation under the Act shall, as far as may be, in accordance with the 
provisions of the Land Acquisition Act. 
 It is also proposed to provide penal water rate  for unauthorised cultivation in order to ensure 
effcetive compliance of the Act. 
 It is necessary to amend t he Act for the said purposes. 
 Hence this Bill. 
 Opportunity is taken to make certai n incidental and consequential amendments also. 
 (Published in Karnataka Gazette (Extra ordi nary) Part IV -2A dated 26.8.1968as No. 767 at 
pages  6.) 
III 
 Amending Act 24 of 2000.-  To achieve better results in water management, it is considered 
necessary to involve and empower farmers through Water Users Co-operative Societies and their 
Federations in irrigation water management. Accordingly, it is considered necessary to amend the 
Karnataka Irrigation Act, 1965,- 
 (i) to provide for entrustment  of control, maintenance and monitoring of irrigation works to 
Water User Societies; 
 5
 (ii) to enable, Water Users Societies to provide the means of crossing canals and to 
construct culverts etc., to prevent obstructions to drainage; 
 (iii) to empower the Water User Society to  construct drainage works wherever necessary; 
 (iv) to empower the Water User Society to r epair the field channel in the event of failure by 
the user to repair the field channel and recover the costs from the user; 
 (v) to provide for consulting the Water User s Project Level Federation for regulating water 
supply from irrigation work; 
 (vi) to empower water user society to le vy water charges when water is temporarily made 
available as well as when water is used unauthorisedly; 
 (vii) to empower Water User Society to stop supply of water in the event of violation of 
cropping pattern and non-payment of water charges and to levy penal water charges in cases of 
crop violations; 
 (viii) to exempt levy of maintenance cess in respect of lands situated within the jurisdiction of 
Water User Societies; 
 (ix) to provide for compounding of offences; 
 (x) to provide for compensation of Water Users Apex Level Federation; 
 (xi) to outline the functions of Water User So ciety, Water Users Distributary Level Federation, 
Water Users Project Level federation and Water Users Apex Level Federation. 
 Further it is also considered necessary to amend the Karnataka Irrigation (Levy of 
Betterment, Contribution and Water Rates) Act, 1957 to  restrict the application of the Act only to 
the Water Users Co-operative Societies and not to  the societies registered under the Karnataka 
Societies Registration Act, 1960. 
 Certain consequential amendments are also made. 
 As the matter was urgent and the Karnatak a Legislature Council was not in session, 
Karnataka Irrigation and Certain Other Laws (Amendment) Ordinance, 2000 was promulgated. 
 This Bill seeks to replace the said Ordinance. 
 Hence the Bill 
 (Obtained from L.A. Bill No. 29 of 2000) 
IV 
 Amending Act 8 of 2002.- It is considered necessary to provide for Water Users 
Societies to become members of the Water Users  Project Level Federation by suitably 
amending the Karnataka Irrigation Act, 1965. 
 It is also considered necessary to amend the Karnataka Irrigation (Levy of 
Betterment Contribution and Water Rate) Act, 1957  to entrust the work of supplying the 
water from any irrigation work  and levying and collecting the water rates thereby to the 
Karnataka Neeravari Nigam Limited . 
 Since the matter was urgent and the Karnataka Legislative Council was not in 
session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance, 2001 
(Karnataka Ordinance 6 of 2001) was promulgated to achieve the object. 
 Hence the Bill.  
 (L.A. Bill No. 2 of 2002) 
 
 
 6
V 
 Amending Act 9 of 2002.- It is considered necessary to amend the Karnataka 
Irrigation Act, 1965, to provide for,- 
 (i) a separate definition of "Water Users Association" and to make a provision for 
continuing the existing Water Users Societies registered prior to the 
commencement of this Amendment Act in respect of the minor Irrigation tanks 
irrigating less than 2000 hectares till a Water Users Association is registered 
under the Karnataka Societies Registration Act, 1960. 
 (ii) Conferring certain powers under Sections 4, 10, 14 and 27 on the Water Users 
Association. 
 (iii) Exempting Water Users Association from the levy of maintenance cess. 
 (iv) Defining the functions of the Water Users Association. 
 It is also considered necessary to amend the Karnataka Irrigation (Levy of 
Betterment Contribution and Water Rate) Act, 1957 enable levy of water rate on Water 
Users Association who in turn may collect water charges from the water users. 
 Since the matter was urgent and the Karnataka Legislative Council was not in 
session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance,  2002 
(Karnataka Ordinance 1 of 2002) was promulgated to achieve the object. 
 Hence the Bill. 
 (L.A. Bill No. 7 of 2002) 
VI 
 Amending Act 36 of 2003.- Krishna Bhagya Jala Nigam Limited and the 
Government of Karnataka have made an investment of Rs. 4143 crores for the 
construction of Almatti and Narayanpur Dams, Main Canals, Distributories and Rs. 780 
crores for the construction of field Irrigation Channels in private lands. This considerable 
investment is made to provide irrigation fac ilities to the lands owned by farmers of this 
State in order to improve their economic condition through productive agricultural 
practice. 
 In order to ensure that the benefits of Irrigation accrue to the original landholder by 
preventing sale or lease, to a limited extent of the land by him in favour of any other 
person, it is proposed to restrict partially, the transfer of such land for a limited period. 
 As the matter was urgent and the Karnataka Legislative Council was not in session, 
the Karnataka Irrigation (Amendment) Ordinance, 2003 was promulgated. 
 This Bill seeks to replace the said Ordinance. 
 Hence the Bill. 
 (L.C. Bill No. 3 of 2003) 
 [Entry 17 of List-II of the Seventh Schedule to the Constitution of India]. 
 
 
 7
VII 
 
Amending Act 29 of 2010.-   
1. It is considered necessary to amend the Karnataka Irrigation Act, 1965 to 
provide for supply of water in bulk on volumetric basis by the Cauvery 
Neeravari Nigam Limited to the Water Users Co-operative Societies. 
2. It is considered necessary to amend the Karnataka Irrigation (Levy of 
Betterment Contribution and Water Rates) Act, 1957, to enable the Cauvery 
Neeravari Nigam Ltd., to levy and collect water rates for the water supplied or 
made available from an irrigation network in any area or areas by the Nigam. 
Hence the Bill. 
[L.A. Bill No. 15 of 2010, File No.DPAL 23 Shasana 2008] 
[Entry 17 and 18 of List II of the Seventh Schedule to the Constitution of India.] 
 
* * * * 
 
 
 8
1[KARNATAKA]1 ACT NO. 16 OF 1965 
(First published in the 1[Karnataka]1 Gazette Extraordinary on the Nineteenth day of 
August, 1965) 
THE 1[KARNATAKA]1 IRRIGATION ACT, 1965. 
(Recevied the assent of the President on the Twenty-third day of July, 1965). 
(As Amended by Act 12 of 1969, 24 of 2000, 8 of 2002, 9 of 2002, 36 of 2003 and 29 of 
2010) 
 An Act to make provisions  relating to the construction, maintenance and 
regulation of irrigation works, the supply of water therefrom, obtaining labour in 
emergencies and certain other matters pertaining to irrigation in the 1[State of 
Karnataka]1. 
 WHEREAS it is expedient to make provisions relating to the construction, maintenance 
and regulation of irrigation works, the supply of water therefrom obtaining labour in 
emergencies and certain other matters pertaining to irrigation in the  1[State of 
Karnataka]1; 
 B E it enacted by  the 1[Karnataka]1 State Legislature in the sixteenth Year of the 
Republic of India as follows:- 
 1. Adapted by  the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973. 
CHAPTER I 
PRELIMINARY 
 1.  Short title, extent, commencement and application .-(1)  This Act may be 
called the 1[Karnataka]1 Irrigation Act, 1965. 
  1. Adapted by  the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973. 
 (2)  It extends to the whole of the 1[State of Karnataka]1. 
  1. Adapted by  the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973. 
 (3) It shall be come into force on such 1[date]1 as the State Government may, by 
notification, appoint. 
  1. This Act came into force on 1.1.1966 by notification. Text of  notification is at page 299. 
 2. Definitions.-   In  this Act, unless the context otherwise requires,- 
 (a) "Canal Officer" means any officer appointed or invested with powers of a Canal 
Officer under section 3; 
 (b) "Chief Engineer" means an officer appointed by the State Government as Chief 
Engineer for Irrigation and includes any officer appointed to perform the functions of a 
Chief Engineer under this Act; 
 1[(bb) "Command Area Development Authority" means the Command Area 
Development Authority established under the Karnataka Command Areas Development 
Act, 1980 (Karnataka Act 6 of 1980)]1. 
  1. Inserted by Act 24 of 2000 w.e.f. 14.6.2000. 
 (c) "Deputy Commissioner" includes any officer not below the rank of an Assistant 
Commissioner, appointed by the State Government to exercise all or any of the powers 
of a Deputy Commissioner under this Act; 
 (d) "drainage work" includes,- 
 9
  (i) channels, either natural or artificial, for the discharge of waste or surplus 
water, and all works connected with or auxiliary to such channels;   
 (ii) escape channels from an irrigation work, dams, weirs, embankments, sluices, 
groynes and other works connected therewith, but does not include works for the 
removal of sewage; 
  (iii) any work in connection with a sy stem of reclamation made or improved by 
Government for the purpose of drainage of the country; and  
  (iv) all works for the protection of lands from inundation or erosion, constructed 
or maintained either wholly or in part by the State Government; 
 (e)  "field channel" means any water course, hikkal or pipe having a capacity not 
exceeding one cubic foot per second, which is supplied with water from an irrigation 
work, and includes all subsidiary works belonging to such field-channel, except the 
sluice or outlet through which water is supplied to such channel or pipe; 
 (f)  "flood-embankment" means any embank ment constructed or maintained by 
Government in connection with any system of irrigation or reclamation works for the 
protection of lands from inundation or which may be declared by the State Government 
to be maintained in connection with any such system, and includes all groynes, spurs, 
dams and other protective works connected with such embankments; 
 (g)  "Irrigation Officer" means any officer appointed as an Irrigation Officer or invested 
with the powers of an Irrigation Officer under section 3; 
 (h)  "irrigation work" includes,- 
  (i) all reservoirs, tanks, wells, anicuts, bandharas, ponds, spring ponds, canals, 
field-channels, thalapariges, pipes, channels, aqueducts and sluices constructed, 
maintained or controlled wholly or partly by Government for the supply, conveyance or 
storage of water; 
  (ii) all works, embankments, structures, supply and escape channels, connected 
with such reservoirs, tanks, anicuts, bandharas, channels, canals, pipes, sluices, and all 
roads constructed for facilitating the construction or maintenance of such reservoirs, 
tanks, anicuts, bandharas, canals, channels pipes and sluices; 
  (iii) all drainage works and flood embankments; 
  (iv) any part of a  river, stream, lake, natural collection of water or natural 
drainage channel to which the State Government may apply the provisions of section 5 
or of which the water has been applied or used before the commencement of this Act for 
the purpose of any existing irrigation work; 
  (v) all lands appropriated by the State Government for the purpose of such 
reservoirs, tanks, anicuts, bandharas, canals, channels, pipes, sluices and all 
buildings, machinery, fences, gates and other erections upon such lands; 
 (i) "land holder" or "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 mortgagee vested with right of 
possession; 
 (j) "notification" means a notification published in the official Gazette; 
 10
 (k)  "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; 
 (l)  "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; 
 (m) "patel" means such officer as the State Government may declare to be a patel for 
the purposes of this Act; 
 (n) "prescribed" means prescribed by rules made under this Act; 
 (o) "Tahsildar" includes any officer appointed by the State Government to exercise 
all or any of the powers of a Tahsildar under this Act. 
 1[(p) "Water Users' Apex Level Federation" means a Water Users' Apex Society 
registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 
1959) which shall consist of members as specified in its bye-laws; 
 1[(pp) "Water Users Association" means "a Water Users Association registered under 
the Karnataka Societies Registration Act, 1960 (Karanataka Act 17 of 1960),- 
 (a) members of which consist of not less than sixty percent of the Water Users 
for cultivation of land; or 
 (b) majority of members of which consist of Water Users for cultivation of land 
and holding not less than fifty one percentd of land; 
under an irrigation work being a tank irrigating less than two thousand hectares but 
excluding tanks within the command area of a major or medium irrigation project. 
  Provided that a Water Users Society registered under the Karnataka Co-
operative Societies Act, 1959 in respect of such tank priors to the commencement of the 
Karnataka irrigation and Certain Other Law (Second Amendment) Act, 2002, may 
continue till a water Users Association is registered.]
1 
  1. Inserted by Act 9 of 2000 w.e.f. 25.02.2002. 
 (q) "Water Users Distributary Level Federation" means a Federation of Water Users 
Societies at Distributory Level registered under the Karnataka Co-operative Societies 
Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty 
one percent of the Water Users Societies within an area in relation to a distributary of a 
major or medium irrigation project, as may be notified by the State Government; 
 (r) "water Users Project Level Federation" means,- 
  (i) in the case of a major irrigation project, a Federation of 1[Water Users 
Societies or]1 Water Users Distributary Level Federations at the project level registered 
under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the 
members of which consist of not less than fifty one percent of 1[Water Users Societies 
or]1 Water Users Distributary Level Federation within an area in relation to the major 
irrigation project as may be notified by the State Government; 
 1.  Inserted by Act 8 of 2002 w.e.f. 13.11.2001. 
  (ii) in the case of a medium irrigation project,  a federation of Water Users 
Societies at the project level registered under the Karnataka Co-operative Societies Act, 
1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty one 
 11
percent of Water Users Societies within an area in relation to the medium irrigation 
project as may be notified by the State Government; 
  (iii) in the case of a minor irrigation or lift irrigation works, a federation of Water 
Users Societies in relation to such minor irrigation or lift irrigation works registered under 
the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the 
members of which consist of not less than fifty one percent of Water Users Societies 
within such area as may be notified by the State Government; 
 (s) "Water Users Society" means a Water Users Co-operative Society registered 
under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959),- 
 (a) members of which consist of not less than sixty percent of the Water Users for 
cultivation of land; or 
 (b) majority of members of which consist of Water Users for cultivation of land and 
holding not less than fifty one percent of land, 
under an irrigation work within the area of operation of the society 1[but excluding a tank 
irrigating less than two thousand hectares and not falling within the command area of a 
major or medium irrigation project.]1 
 1. Inserted by Act 9 of 2002 w.e.f. 25.02.2002. 
 Explanation.- For the purposes of this clause "area of operation " means an area 
comprising a contiguous block of land within an irrigation work as may be notified by the 
Irrigation Officer. 
2[from time to time]2]1 
 1. Clause (p) to (s) Inserted by Act 24 of 2000 w.e.f. 14.06.2000. 
 2. Inserted by Act 9 of 2002 w.e.f. 25.02.2002. 
 3. Appointment of officers. - The State Government, or, subject to such conditions 
as may be prescribed, any officer of Government empowered in this behalf may, by 
notification,- 
 (a) appoint such officers with such designations, and assign to them respectively 
such powers and duties over such areas or such irrigation works under this Act, as the 
State Government or such officer may deem fit; 
 (b) invest any officer of Government in any Department or any other person with 
such powers and impose upon him such duties over such areas or such irrigation works 
under this Act, as the State Government or such officer may deem fit. 
CHAPTER II 
CONSTRUCTION, CONTROL AND MAINTENANCE OF IRRIGATION WORKS 
 4.  Constructon, control and maintenance of irrigation works only with 
consent of Government and subject to conditions.-  (1) No person shall construct, 
control or maintain wholly or partly any reservoir, tank, anicut, bandhara, pond, spring 
pond, canal, field channel, talaparige, channel or aquaduct except with the previous 
sanction of the State Government or such other authority as may be authorised by the 
State Government in this behalf and subject to such conditions as the State Government 
or such authority may impose: 
 1[Provided that the State Government may entrust to a Water Users Society 2[or 
Water Users Association] 2 control, maintenance and monitoring of any irrigation work 
either wholly or in part and thereupon such Water Users Society 2[or Water Users 
 12
Association]2 shall be responsible for the control, maintenance and monitoring of such 
irrigation work.]1 
 1. Inserted by Act 24 of 2000 w.e.f. 14.06.2000. 
 2. Inserted by Act 9 0f 2002 w.e.f. 25.02.2002. 
 (2) Where the State Government is of the opinion that in the interests of proper 
irrigation from any irrigation work constructed or proposed to be constructed it is 
necessary to control the construction of wells in any area or areas, the State 
Government may by notification specify such area or areas; and thereupon no person 
shall within such area or areas construct any well except with the previous sanction of 
the State Government or other authority authorised by the State Government in this 
behalf, and subject to such conditions as the State Government or such authority may 
impose. 
 5.  Notification to issue when water supply is to be applied for purposes of 
irrigation works.- (1)  Whenever it appears expedient to the State Government or any 
officer generally or specially authorised by it in this behalf, 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 Government for the purpose of any 
existing or proposed irrigation work, the State Government or the authorised officer 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. 
 (2) At any time after the day specified under sub-section (1), the Irrigation 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 irrigation work or with the maintenance of an 
existing irrigation work, the Irrigation Officer, or any person acting under the general or 
special order of such Irrigation 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 he might exercise 
and do, if the State  Government had issued a notification under the provisions of 
section 4 of the Land Acquisition Act, 1894, to the effect that land in that locality is likely 
to be needed for a public purpose; and  
 (c) set up and maintain water-gauges and do all other things necessary for the 
purpose of such inquiry and examination. 
 7.  Power to inspect and regulate supply.-  The  Irrigation Officer or any person 
acting under the general or special order of such Irrigation Officer, may enter upon any 
land, building or field-channel, for the  purpose of inspecting or regulating the use of 
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, maintenance and 
management of the irrigation work from which such water is supplied. 
 8.  Power to enter for repairs and to prevent accidents. -  In case of any accident 
or damage being apprehended or occurring to an irrigation work, the Irrigation Officer, or 
 13
any person or persons acting under the general or special order of such Irrigation 
Officer, may enter upon any land adjacent to or in the neighbourhood of such irrigation 
work and may remove trees and other materials and execute all works which may be 
necessary for the purposes of preventing such accidents or repairing any damage. 
 9.  Notice to occupier.-  When an Irrigation Officer or any other person acting under 
his general or special order in this behalf, proposes, under the provisions of sections 6, 7 
or 8, to enter into any building or enclosed court or garden attached to a dwelling house, 
which is not supplied with water from an irrigation work not  adjacent to a flood-
embankment, he shall previously give to the occupier of such building, court or garden 
such reasonable written notice as the urgency of the case may allow. 
 10.  Means of crossing canals to be provided and obstruction to drainage to be 
avoided.-  Suitable means of crossing canals and channels shall be provided at such 
places as the State Government 1[or the Water Users Society 2[or Water Users 
Association]2 in respect of any irrigation work entrusted to it as the case may be] 1 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 or channel. 
 1. Inserted by Act 24 of 2000 w.e.f. 14.06.2000. 
 2. Inserted by Act 9 0f 2002 w.e.f. 25.02.2002.  
 11. Government may prohibit obstructions of rivers, etc within certain limits.-   
Whenever it appears to the State Government that injury to the public health, or public 
convenience, or  to any irrigation work or to any land for which supply from an  irrigation 
work is available, has arisen or may arise from the  obstruction of any river, stream or 
natural drainage channel, the State Government may, by notification, prohibit within 
limits to be defined in such notification, or may, within such limits, order the removal or 
other modification of such obstruction; and thereupon so much of the said river, stream 
or natural drainage channel as is comprised within such limits, shall be deemed to be a 
drainage work as defined in section 2. 
 12. Irrigation Officer may issue order to person causing obstruction.-   The 
Irrigation 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.  Irrigation Officer may cause obstruction to be removed. -  If within the period 
specified under section 12 such person does not comply with the order, the Irrigation 
Officer may cause the obstruction to be removed or modified and such person shall be 
liable to pay the expense of such removal or modification; 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 as an arrear of land revenue. 
 14.  Construction of drainage works.-   Whenever it 1[appears to the Water Users 
Society 3[or Water Users Association]3 in case of any irrigation work entrusted to it and in 
other cases to the State Government]1 that any drainage work is necessary for the public 
health or for the improvement of the proper cult ivation or irrigation of any land, or that 
protection from floods or other accumulations of water or from erosion by a river is 
required for any land,  1[the State Government or as the case may be, Water Users 
Society]1 3[or Water Users Association]3 in its discretion cause a scheme for such work to 
 14
be  drawn up and carried into execution, and the person authorised by the State 
Government 2[or as the case may be, Water Users Society] 2 3[or Water Users 
Association]3 to draw up and execute such scheme may exercise, in connection 
therewith, the powers conferred on Irrigation  officers by sections 6, 7 and 8 and shall be 
liable to the obligations,  imposed upon Irrigation Officers by sections 9 and 35. 
 1. Substituted by Act 24 of 2000 w.e.f. 14.6.2000. 
 2. Inserted by Act 24 of 2000 w.e.f. 14.6.2000. 
 3. Inserted by Act 9 0f 2002 w.e.f. 25.2.2002. 
CHAPTER III 
FIELD CHANNELS 
 15.  Determination of the need for field-channels and their alignment in any 
area.-  (1)  The Irrigation Officer on being satisfied that the construction of field-channels 
in any area is necessary in public interest for supply of water from an irrigation work to 
lands requiring such supply for purposes of cultivation, shall declare by notification that 
such field-channels may be constructed after a date to be specified in the notification, 
not being earlier than thirty days from the date of publication thereof.  A copy of such 
notification shall be sent to the Tahsildar of the area for the publication in the villages 
concerned. 
 (2)  After the date specified in the notification under sub-section (1), the Irrigation 
Officer shall determine the suitable alignment for the field-channels and shall mark out 
the land, which in his opinion, it 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 Tahsildar for publication in every village 
through which the field-channel is taken and on such lands.  He shall also send a copy 
of such notification to the Deputy Commissioner of every district in which such land is 
situated. 
 16. Deputy Commissioner to acquire land.-  (1) On receipt of a copy of notification 
under section 15, 1[the Deputy Commissioner shall issue notices to the 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]1  that 
such land is required for a field-channel, proceed to acquire and take possession of such 
land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been 
issued by State Government for the acquisition thereof under section 6 of that Act and 
as if the State Government had thereupon directed the Deputy Commissioner to take 
order for the acquisition of such land under section 7 of the said Act and as if the State 
Government had issued orders for immediate possession being taken under section 17 
of the said Act. 
 1. Substituted by Act 12 of 1969 w.e.f. 19.6.1969. 
 (2)  Notwithstanding anything contained in the Land Acquisition Act, 1894, the 
acquisition of any land for the purpose of constructing a field-channel under section 15 
shall be deemed to be for a public purpose 1[x x x]1. 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 1[Explanation I x x x 
 15
 Explanation II x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 17. Such acquired land to remain as property of Government. -  On possession 
of the land being taken, the Irrigation Officer shall fix the boundary marks in the 
prescribed manner, and thereupon ownership of such land shall vest in the State 
Government. 
 1[18 x x x 
 19 x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 20. Obligations of 1[user of]1  the field-channel .- (1)  Every  1 [user of]1 the field-
channel shall be bound,- 
 1. Substituted by Act 12 of 1969 w.e.f. 19.6.1969. 
  (a)  to maintain such field-channel in a fit state of repair for the conveyance of 
water; 
  1 [(b) x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 (2) Every user of a field-channel 1[x x x] 1 shall, subject to the provisions of Chapter 
IV, be entitled to have a supply of water by such field-channel on such terms as may be 
prescribed. 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 1[21 x x x 
 22 x x x 
 23 x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 24. If user fails to execute work or to repair field-channel Irrigation Officer may 
execute the same.- (1)  If any user of field channel fails to fulfil any obligation imposed 
upon him by clause (a) of sub-section (1) of section 20, the Irrigation Officer may require 
him, by notice, to execute the necessary repair within a period to be specified in such 
notice, of not less than seven days, and , in the event of failure may execute the same, 
and except as hereinafter provided in this section, all expenses incurred in the execution 
of such repair shall be a sum due by such user to the State Government recoverable as 
an arrear of land revenue. 
 1[Provided that in respect of an irrigation work entrusted to a Water Users Society 
such expenses shall be deemed to be dues by such user to a co-operative society and 
shall also be recoverable in accordance with the provisions of the Karnaatka Co-
operative Societies Act, 1959.]1 
 1. Inserted by Act 24 of 2000 w.e.f. 14.6.2000. 
 1 [(2)   x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 1[25    x x x]1 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 16
 1[26.  Construction of field channel in lands acquired .-  After any land has been 
acquired under section 16 and has vested in the State Government under section 17, 
the Irrigation Officer shall construct the field channels necessary in the area.]1 
 1. Substituted by Act  12 of 1969 w.e.f. 19.6.1969. 
 CHAPTER IV  
REGULATION OF IRRIGATION 
 27. Regulation of water supply from irrigation works.-   An  Irrigation Officer duly 
empowered by the State Government by a notification in respect of any irrigation work or 
class of irrigation works may, after such inquiry as he deems fit, and after consultation 
with a committee appointed by the State Government consisting of such number of 
official and non-official members as may be prescribed, regulate in respect of any 
irrigation work for each year or for a specified term of years at a time, as circumstances 
may require,- 
 (i) the time for letting out water for irrigation; 
 (ii) the period of supply; 
 (iii) the quantity of supply; and 
 (iv) 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: 
 1[Provided that where an irrigation work is entrusted to a Water Users Society, the 
Irrigation Officer, instead of consulting the committee so appointed by the State 
government, shall,- 
 (i) in case of a Water Users Society whose area of operation extends to one or 
more minor irrigation of lift irrigation works, consult such Water Users Society; and 
 (ii) in other cases, consult the Water Users Project Level Federation.] 1 
 
2[Provided further that when an irrigation work is entrusted to a Waters Users 
Association the irrigation officer instead of consulting the committee so appointed by the 
State Government shall consult Water Users Association.]2 
 1. Inserted by Act 24 of 2000 w.e.f. 14.6.2000. 
 2. Inserted by Act 9 of 2002 w.e.f. 25.2.2002. 
 1[27A. Restriction on alienation of certain lands:- (1) Notwithstanding anything 
contained in any other law for the time being in force, after commencement of 
construction of any irrigation work to irrigated any land, from any irrigation project, being 
a major or medium irrigation project, no owner of such land shall, for such period not 
exceeding ten years and from a date to be spec ified in this behalf, by a notification by 
the Chief Engineer in charge of the irrigation work, transfer the land specified in the 
notification by way of sale, mortagage, lease, gift, exchange or otherwise without prior 
permission of the Irrigation Officer. 
 (2) The Irrigation Officer may give permission under sub-section (1) having regard to 
the guidelines issued by the State Government from time to time.]
1 
 1. Inserted by Act 36 of 2003 w.e.f. 6.6.2003. 
 28. Application for permission to use water from an irrigation work.- (1)  Any 
person desiring to have a supply of water from an irrigation work for irrigating a land 1[x x 
 17
x]1 not included in any area to which supply of water is regulated under section 27, shall 
make a written application to that effect to the Irrigation Officer.  Subject to any general 
or special order made by the State Government determining the extent of lands for 
which water can be made available from such irrigation work, such officer may, if in his 
opinion such supply can be made without detriment to the supply of water to lands 1[x x 
x]1  included in any area to which supply of water is regulated under section 27, order the 
supply of water and for such period not exceeding six years subject to such conditions 
as may be specified in such order. 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 (2) If after a period of six successive years of supply of water made to any land 
referred to in sub-section (1), the holder of such land applies for the supply of water 
being made permanent, such application, with the opinion of the Irrigation Officer, shall 
be forwarded to the Deputy Commissioner of the district.  The Deputy Commissioner of 
the district shall then take steps in accordance with law 1[x x x]1 to include the land in the 
area to which supply of water is regulated by section 27. 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 (3) The water rate 2[or water charges, as the case may be] 2 leviable for the use of 
water for temporary cultivation under sub-sections (1) and (2) shall be twice the water 
rate 2[or water charges, as the case may be]2 1[x x x]1 . 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 2. Inserted by Act 24 of 2000 w.e.f. 14.6.2000. 
 (4) With the sanction of, and subject to such conditions, payments, and restrictions, 
as may be imposed by the State Government or such officer as may be authorised by 
the State Government in this behalf, the Irrigation Officer, may, without detriment to the 
supply of water to lands 1[x x x] 1  included in any area to which supply of water is 
regulated under section 27, give permission for water to be taken from an irrigation work, 
for purposes other than those of agriculture. 
 1. Omitted by Act 12 of 1969 w.e.f. 19.6.1969. 
 (5) If any person uses water from an irrigation work without obtaining the permission 
required under this section, he shall in addition to any penalty he incurs under this Act 
for such unauthorised use of water be liable to pay water rate 1[or as the case may be, 
water charges]1 at such rate as may be determined by the prescribed officer not being 
less than ten t

Excerpt shown. Open the full act in Lexace.

‹ Prev All Karnataka acts Next ›