LexThe M.P. Irrigation Rules-1974
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actRule –1] 2
Section 9 4
Section 21 5
Section 23 & 24 read with 93(c) 6
Section 23 (7), 25 and 93 7
Rule –2] 9
Rule –2] 11
Section 37 (2) 12
Section 37-B 14
Section 38 15
Section 39 16
Section 40 17
Section 44 18
Sections 45, 52, 58 read with sections 92 & 93 (c) 20
Section 59 25
Section 62 read with section 93 (c) 26
Section 63, 93 (c) and 92 (5) 32
Section 65,75,93 (c) and 92 (5) 36
Section 75(C), (D)(4), (E) & (G) 37
Section 99 44
Rule –1] M.P. Irrigation Rules, 1974 [1
Madhya Pradesh Irrigation Department
Notification
No. 1-1-G- 73 -33, Bhopal, Dated the 3 rd April,
1975,
In exercise of the powers conferred by sections 92 and 93 of the Madhya Pradesh
Irrigation Act, 1931 (3 of 1931), the State Government hereby makes the
following rules, the same having been previously published as required by sub-
section (3) of section 92 and a copy thereo f having been laid on. the Table of the
Madhya Pradesh Legislative Assembly on the 24th April, 1974 as required by sub-
section (4) of section 92 of the said Act. Namely :-
RULES
1. Short title. - These rules may be called the Madhya Pradesh Irrigation Rules,
1974.
2. Definitions. - In these rules, unless the context otherwise requires:-
(a) Act means the Madhya Pradesh Irrigation Act, 1931 (3 of 1931);
(b) Adsali sugar cane means that variety of sugar cane, which is ordinarily
sown during the period from 1st Se ptember to 30th November and becomes
ready for harvesting after not less than 14 months of its sowing and needs first
watering before'15th January following the year of sowing;
(c) Abi rate means the amount of canal revenue payable for the use of
dampness and accumulated silt in the tank bed by the cultivator for a single crop
on one acre of land;
(d) Block means whole area of certain specified land to which the block system is
applied;
(e) Banihar means any person. Appointed by the Sub- Divisional Officer or Canal
Deputy Collector to Super wise and co ntrol the field to field and day today
distribution of water beyond the outlet in the field;
(f) Canal Deputy Collector means a Canal Deputy Collector in charge of
Irrigation Division in any area;
(g) Executive Engineer means Executive Engineer, In charge of Irrigation
Division In any area;
(h) Fruit block means a block In which the Irrigation of long term fruit trees is
permitted;
(I) Form means a form appended to these rules;
(j) Garden Block means a block In which the I rrigation of crops other than
sugarcane, pllm or long term fruit trees Is permitted throughout the year;
(k) Kharif Crop means a crop grown within the period from the break of the
monsoon season to the beginning of th e cold weather season. It generally
includes the following:
Rice, Rajika, Senji, Opium Ganja, Tobacco, Cotton, Jawar, Bajra, Charu, Kodon,
Sowan, Moth, Moong, Urad, Groundnuts, Makka, san and Tilli, Singhara etc.,
(I) Perennial Crop means a crop whi ch Is Irrigated continuously for a peri od of
more than 8 months;
(m) Plot. means one of the two or more portions Into whi ch a pi ece of l and Is
divided for the purpose of irrigation; '.
(n) Rabi Crop means a crop gro wn within the period between- 18 th September
and the end of February next following. It includes the following:
Wheat, Tilhan, (Excluding Tilli) Arhar, Gram, Peas, Masur, Chori, Potatoes and
Batra etc.
(o) Section means a section of the Act:
(p) Section subordi nate means a person In charge of a section of Irrigation
department:
(q) Sub-Divisional O fficer means the sub-divisional officer In charge of
irrigation in any area subordinate to the Executive Engineer;
(r) Submerging tank means, an y tank constructed, maintained and control led
by the State Government for the purpose of storing water to moisten the land in
tank bed for Rabi cultivation and emptied by the end of October every year;
(s) Sugarcane block means a block In which the Irrigation- of sugarcane is
permitted;
(t) Superintending Engineer means the Superintending Engineer In charge of
the Irrigation Circle In any area;
(u) Thok means a group of adjoining fields, wi th in the command of a parti cular
chak to be determined by the beneficaries themselves;
(v) Thokder means any respectab le person, se lected by the permanent holders
of thok, from amongst themselves, for the management of day to day distribution
of water within the thok, to which he is selected:
(w)*Year means a year commencing from 1st of J uly in t he calender year and
ending on the 30th of June in the next calender year.
1[(X) Os rabandi - means a programme of re l88seof water In di fferent
distributaries and minors of canal syst em showing the discharge, duration of
supply and area to be irrigated.
2[(y) Warabandi means a programme of distribution of water to each holding of a
chak, from an outlet, fixing the time and date/day for irrigation.
1,2. Inserted vide Irr igation. Deptt. No tification No. F-27 -8-8I - M M – 39 dated
6.I1.82.
* It is also known as Irrigation Year.
Section 9.
3. land classed at the current settlement as bahra, or jhillan, or chahl, or Jor, abi
or adan and khasra numbers classed In whole as bandhwas, narbandhwas,
tagarbandhla, or talas shall be deemed to be wet for the purpose of section 9 of
the Act.
4. Khasra numbers which are classed in part as bahra, jhillan or chachi," or jor or
abi or adan or bandhwas, narbandhwas tagarbandtila or talas at the current
settlement may be declared to be wet.
Section 21
5. The Chief Engineer shall fix the limits of all subordinate charges Into which a
sub -division Is divided.
6. The canal subordinates to be appointed to subordinate charges shall be:
(I) Irrigation Inspectors,
(II) Section Subordinates, and
(III) Amine.
The Chief Engineer may place anyone of th ese subordinates In charge of one or
more such charges.
7. The Chief Engineer may delegate to 'Superintending Engineers or
Executive Engineers any of his powers under rules 5 and 6.
Section 23 & 24 read with 93(c).
8. Every petition for appeal or revision shall be accompanied by certified- CQPV
of the-order to which objection 18 made unless the production' of such copy is
dispensed with.
9. (1) The appellate authority may either admit the appeal or after examining the
record, may summarily reject It:
Provided that the appeal is authority sh all not be bound to examine the record
where the record where the appeal time barred or does not He.
(2) If the appeal is admitted a date shall be fixed for hearing and notice there of
shall be served on the respondent.
(3) After hearing the parties; if they appear, the appellate authority may
(a) Confirm, vary or reverse the order appealed against;
(b) Direct such further Investigation" to be made or such additional evidence to
be taken, as may think' necessary;
(c) Or It self take such additional evidence:
(d) Or remand the case for disposal with such directions as it thinks fit.
10. (1) if an appeal is admitted the appellate authority may pending the result
of the appeal, direct the execution of the order appealed from to be .stayed.
(2) A revenue officer or canal officer, who has passed any order or his successor
in office, may direct the execution of such order to be stayed at any time before
the expiry of the period prescribed for appeal, if no appeal has been filed.
(3) If execution of any order la stayed under sub-rules (1) or (2), such security
may be taken or conditions imposed at the appellate authority or r1evenue
officer or canal officer think, III.
11. A petition for appeal or revision shall be presented to, or lodged In the
office of" the appellate authority:
Provided that any such petition to 8 Canal' Deputy Collector, Sub .Divisional
Officer or Executive Engineer, against an order passed under section 47~ may
be forwarded by registered post, in which case limitation shall run from the date
of posting.
Rule –2] M.P. Irrigation Rules, 1974 [6
Section 23 (7), 25 and 93.
12. Except for reasons to be recorded in writting no canal officer shall inquire in
to any case at any place out side the local limits of. his charge.
13. The State Government or the Chief Engineer, may tr ansfer any case or class
of cases from any canal officer to any ot her such office' competent to deal there
with.
14. A Canal officer may take over any case of case arising- under the provisions
of the Act other wise for enquiry or de cision, to any canal officer or canal
subordinate, to him and competent to de al with such case or. cases. or may
withdraw any case or class of cases from any such Canal Officer or canal
subordinate and may deal with such cases or class of cases hi mself or refer the
same for disposal to any ot her such canal officer or ca nal subordinate: Provided
that when after inquiry in a case, a report is submitted by a canal officer or canal
subordinate to a superior canal officer or canal subordinate for final orders. the
latter may, before passing final orders give the parties an opportunity to be
heard.
15. (a) No person shall be required to attend in person unless he resides within
the local limits of the canal officer's jurisdiction, or
(b) Without such limits but at a place less than fifty miles or, where there is a
railway communication or other established public conveyance for five sixth of the
distance between the place where he resi des and the place where he is required
to attend, is less than two hundred miles from such place.
16. No person shall be required to attend in person who is ex empt from personal
appearance under section 132 or section 133 of the Civil Procedure Code, 1908.
17. Diet money to be paid, to persons requ ired to attend an inquiry shall include
the traveling expenses, if any, which such Persons may have to incur. These
payments shall be made at such rates and in accordance with such principles as
are laid down in the rules for the time being in force regulating such payments to
witnesses in proceedings before a revenue officer held under the Madhya Pradesh
Land Revenue Code, 1959.
18. Every notice shall be in duplicate, and shall be signed and sealed by the
officer issuing it or by such person as he empowers in this behalf, and it shall
specify the time and place at which the person summoned Is required to attend,
and also whether he is required to give evidence or to produce a document.
Rule –2] M.P. Irrigation Rules, 1974 [7
19. Every notice may be served either by tendering or delive ring a copy thereof
or sending such copy by post in a cover registered under the Indian Post Office
Act, 1889, to the person on whom it is to be served or his au thorised agent or, if
service in the manner aforesaid cannot be ma de, by affixing a copy thereof at his
last known place of residence or at some place of public resort in the village or
villages to which the inquiry relates.
20. If any party to an inquiry before a ca nal officer: does not appear on the date
fixed for hearing, the case may be hear d and determined in his absence or may
be dismissed in default.
21. (1) A canal officer may from time to time adjourn the hearing of a case or
proceeding before him.
(2) The place of an adjourned hearing of a case or proceeding shall be intimated
at the time of the adjournment to such of the parties and witnesses as are
present.
22. (1) Except when a case or proceeding before a canal officer has been decided
on its merits no appeal shall lie from an order under rule 20.
(2) The party against whom any order is passed under rule 20 may, subject to
such restriction as may be imposed in the Act, apply within thirty days from the
date of such order, to have it set asid e on the ground that he was prevented by
any sufficient cause from appearing at the hearing, and the canal officer may,
after. Notice to such other parties as may be concerned and after making such
inquiry, as he considers necessary, set aside the order passed.
23. A canal officer may give and appo rtion costs incurred in any case or
proceeding in such manner and to such extent as he thinks fit, provided that no
cost shall be levied or awarded in cases or proceedings which are under- taken, in
the administrative or fiscal interests of the Government.
24. Save as otherwise provided in the Act and the rules made there under all
appearances before, application to, and acts to be done before any canal officer
under the Act, or the rules made there under, may be made or done by the
parties themselves, or by their recogniz e d a g e n t s , o r i n a c a s e b e f o r e t h e
Commissioner by any legal practitioner acting on their behalf.
Rule –2] M.P. Irrigation Rules, 1974 [8
Section 35
25. The first joint inspection of the alignment of a canal system before it is
constructed shall be made by the Sub- Di visional Officer (Irrigation) and either
the revenue officer deputed to deal with proceeding for the acquisition of land
required for the construction of the cana l system or a revenue officer deputed by
the Collector.
26. Crossing for traffic shall ordinarily be provided on canals and branch canals at
an average distance apart of two miles, and on distributaries, minor distributaries
at an average distance apart of 1-1/2 miles: Provided that in special cases
crossings may be provided at distances lesser than those mentioned above.
27. Irrigation crossings shall ordinarily by provided on the alignment of existing
field channels, but where there is more th an one field channel from existing tank
on one side of a valley, only one crossing shall usually be constructed.
28. The inspection shall be made on the spot by the aforesaid two officers jointly.
A meeting of the inhabitant s of the adjacent lands sh all be convened for the
purpose of consultation and any suggestions made by them shall be briefly
recorded and considered. The two officers shall thereupon decide where. In their
opinion, crossings should be provided and prepare a joint report in such form as
may be specified by the state Govern ment. Such proposal that has been
considered shall be entered separately in Form 1.
29. The joint report shall be submitted by the Sub- Divisional Officer (Irrigation)
to the Executive Engineer, who shall, after entering therein his remark and
recommendations, forward it to the Collector.
30. If the Collector disagrees, with the recommendation of the Executive
Engineer, he shall record the fact in original report, and if in any particular case
he considers that further inquiry is necessa ry, he shall either make it himself or
shall depute a revenue officer to inqu ire and report, jointly with the Sub-
Divisional Officer (Irrigation). This inquiry shall be made in the same manner as
the original inquiry and the supplementary report shall be submitted by the Sub-
Divisional Officer (Irrigation) to the Executive Engineer and by the latter to the
Collector.
31. The Collector shall return the report to the Executive Engineer after recording
his approval to works which he considers necessary. Superintending Engineer he
shall submit the case to the Secretary to the Government in the Irrigation
Department for orders.
Rule –2] M.P. Irrigation Rules, 1974 [9
32. The Executive Engineer shall submit to the Super- intending Engineer through
the Collector the reports on works in regard to which he has been unable to come
to an agreement with the Collector. If th e Superintending Engineer agrees with
the Executive Engineer and not with the Collector, he shall forward the case to
the Commissioner. If the Commissioner does not accept the views of the
33. When a final decision has been arrived at regarding the position of all
crossings required on a canal, the Execut ive Engineer shall prepare two copies of
the report in which shall be included al l cases that have been considered. These
copies shall be signed by the Executive Engineer and the Colle ctor and filed in
their respective Offices. Th e orders passed in regard to both crossings which are
refused and crossing which are to be provided shall be communicated to the
inhabitants concerned.
34. The Superintending Engi neer shall, in consultati on with the Commissioner,
decide when the second joint inspection shall take place. The period of three
years shall count from the date on which water is first admitted to the canal
concerned.
35. The procedure for the first joint inspection shall apply to the second joint
inspection except that th e Sub-Divisional Officer (Revenue) or such revenue
officer as may be deputed by the Collector for the purpose shall be associated
with the Sub- Divisional Officer (Irrigation).
Rule –2] M.P. Irrigation Rules, 1974 [10
Section 37
36. Proposals for the fixation of rates for the supply of water under clause (a), (b)
or (c) of sub-section (1) of section 37 shall be considered by the Standing
Committee for irrigation after which the said proposals and the opinion of the
Standing Committee shall' be placed on the table of the Madhya Pradesh
Legislative Assembly. The State Government shall give the Assembly an
opportunity of discussing th em and shall take into consideration any resolution
concerning them that may be passed by the Legislative Assembly before fixing
the rate to be charged:
Provided that if the State Government cons iders any case to be so urgent as to
necessitate the immediate issue of orders, it may take action at once.
All orders issued under this proviso shall. within six months of their issue, be
placed before the Standing Committee and there- after laid on the table of the
Legislative Assembly.
37. Notwithstanding anything contained in the aforesaid rule if no Standing
Committee for irrigation is constituted the State Government may fix the rates
which shall be placed before the St anding Committee if such committee is
constituted within a period of 6 months from the date of such orders and after the
expiry of the said period, shall be laid on the table of the Legislative Assembly.
Section 37 (2)
38. Water rates shall b e assessed by the Canal Officer I at the rates specified in
the Sched ule of rates as noti fied by the Gov ernment of Madhya Pradesh from
time to time. in accordance with rules 36 and 37.
1[39. If a cu ltivator takes water for prepar ing land for cultivation and does n ot
sow the crop. And if crop is sown and no subsequent watering is done he shall be
charged at t he rat e f or prepar ing lan d f or cultivation only an d if su bsequent
watering is also done, he shall be charged at crop rates only.
40. If an area is sown with mixed crop for which different I water rates have been
fixed the whole area will be assessed at the highest of such crop water rates.
41. If different crops are grown in different parts of the same field, the water rate
for the who le shall be calculated on the highest rated crop unless the divisions
between crops have been clearly defined by a ridge not less than half a foot high.
42. Wh en original cro p is sow n bu t f ails an d t he f ield is p loughed af resh f or
sowing another crop in the same season, the rate to be levied shall be due on the
crop which comes to maturi ty (only where the area is declared to be exempted
from agreement).
43. If the agreement is con cluded for a portion of a field only, that portion shall
be clearly demarcated by a ridge not le ss than half a foot high. In case the
portion is not demarcated. The entire fi eld shall be assumed as having been
irrigated and water rates shall be charged on it at normal crop rate.
44, In cases of fields proposed to be Irrigated partly by canal water and partly by
other source, short te rm irr igation agr eement for portion of the field to be
irrigated by canal water shall be conclu ded and that portion shall be c learly
demarcated by 8 ridge not less than half a foot high. If the agreement portion of
the field is not demarcated, whole field shall be assumed as having been irrigated
by canal water and the area in excess be charged at 1[1.5 times the crop rate.
45. If water from a well or any other sour ce is conveyed in the same channel or
water cours e in the sa me season the wh ole Irrigated area during s uch season
shall be treated as irrigated from the State canal.
46. The E xecutive E ngineer may permit su pply of water for the purpose of
forming, thrashing floor, free to any person whom a supply of water for irrigation
has been sanctioned under these rules and to any other person at the rate for
preparing land for cultivation.
47. When short term agreement for su pply of water is presented after the
prescribed date but not later than one month of the date prescribed under rule 98
and 99 the water rate shall be charged for such agreemented area @ 10% more
than the ordinary
crop rate.
1. Revised rule 39 sub stituted vides Irrigation Deptt. Notification No. F/29 /1/B/
MM/31/II dated 5-11-84.
2. Rule 44. The words "double the the crop rate" changed to-at 1.5 time the crop
rate vide Notification No. F-27-3-77-MM-31 dated 28-12-78 and is ordered to b e
substituted w. e. f. 1st Dec. 1975.
48. When short term agreement has been given to irrigate specified area. And the
applicant irrigates an area in excess of such specified area the same be charged
1(at 1.5 times the crop rate.
49. If the trees standing at different places having deep kyaries (Thavalas) round
each individual tree are watered, then such individual tree may be taken as if it is
standing on an area of 1/40th acre and the garden crop rates shall be charged on
it. If more than 40 trees are there in one acre the rate per acre shall be charged.
In case water is taken without deep kyaries (Thavalas) round the trees proposed
for Irrigat ion. the whole watered area shall be measured and assessed as per
acreage crop rate.
50. Irrigation from escape. Percolation, leakage from channels and from drainage
channels shall be charged at crop rates, provided that the number of wateri ng Is
two or more In cluding water for preparing land for cultivation, otherwise rate for
preparing land for cultivation, shall be charged. In case of fields Irrigated by well
or wells sunk within distance of 150 meters from main canal and 50 meters from
distributaries the water rate shal l be ch arged for the Irrigated area at half the
crop rate.
51. When the crops are damaged by percolat ion; leakage or breach of canal etc.
no charge shall be levied but recording of such area shall be Invariably done and
verified by the superior officer.
52. Persons using wa ter without permiss ion at the time prohibited by proper
authority, that is. During closed day, or contrary to the osrabandi programme o r
for the irrigation of a field which has been debarred from canal irrigation. shall be
charged at double the crop rate and in every such case the canal officer may
Impose penal charges to the extent of Rs. 250.
53. In case of persons, willfully cutting the bank or placing bunds in the bed of a
canal, for the purpose 01 irrigating their fields, a fine to the exte nt of Rs. 250
may be imposed by the canal officer.
3. Rule 48.The words 'double the crop rate "changed to-at 1.5times the crop rate
vide Noti fication No. F- 27-3-i7-MM-31 dated 28-12-78 and is or dered to b e
substituted w. e. f. 1st Dec. 1975.
Section 37-B
54. The cultivators desiring constructions of a Sub- merging tank shall apply to
the Executive Engineer concerned in Form 2.
55. On receipt of the application the Executive Engineer shall undertake survey
etc. to find out the feasibility of the scheme.
56. In case the scheme is feasible one, the Executive Engineer shall enter into
agreement with the permanent holders of the land likely to be benefited by the
dampness of such submergence. The agreement shall be in Form 3.
57. Full tank level stones of the submerged tank shall be fixed at site and marked
on the village map in triplicate showing the position of the stones fixed and the
area benefited thereby. A list of such areas shall be prepared in triplicate showing
survey numbers, area, name of permanent holders etc. and kept in the record
duly signed by the Executiv e Engineer. This will be ta ken as authentic record for
further reference.
58. The gates of the submerging tanks sha ll not be opened before 1st October in
any year and marking of the area actua lly submerged shall be completed by the
end of September every year.
59. The Amin, section Subordinate or Irrigation Inspector shall proceed to mark
out the area actually submerged af ter 15th September and complete the
formalities as provided under sub-section (4 ) of section 37-8. In case the tank is
full (F. T .L.) only panchanama to this effect shall be prepared duly signed by the
beneficiaries and sent to the Executive Engineer for a pproval. In case the tank is
not fu II the map of the area actually submerged shall be prepared on tracing
paper in duplicate and sent to the Execut ive Engineer for approval along with the
reasons for short fall, who shall return them duly approved within a fortnight for
assessing accordingly.
60. If in any year of scarcity It Is consid ered that in view of making provision for
drinking water certain submerging tanks should not be emptied, the Collector and
Executive Engineer shall submit join t report to the Commissioner and the
Collector shall prohibit the opening of such tank in that year with the concurrence
of the Commissioner. In all such case s remission may be granted by the
Executive Engineer.
61. When an old scheme is restored, the Abi portion of land Revenue shall be
treated as rebate. In case the present Ab i rate is higher, the permanent holder
shall be asked to pay the difference, and if the present Abi rate is lower, the
cultivator shall pay the settled rate.
62. Unsettled cultivable land under submer gence shall be charged at Abi rates in
force in case the land Is under cultivation or otherwise 1/2 of the Abi rates shall
be charged.
63. If canal water is also taken in either of the cases mentioned in rules 61 and
62,1/2 of the canal water, crop rate shall also be charged in addition to Abi rates.
Section 38
64. Application for the supply of water for irrigation on demand shall be made in
writing by the occupiers requiring it in Form 4.
65. (a) The Executive Engineer shall pass or ders on applications made under rule
65. (b) If the demand for the supply of water for which an application is made
under rule 65 is urgent, the Sub-Divisiona1 Officer may, in anticipation of the
Executive Engineer's order, issue an order for the supply of water.
66. When an application for remission of water rate is made, the Executive
Engineer shall grant remission only if he is satisfied that there was a failure to
supply water to the area in respect of which application is made, and such
remission shall be in full.
Section 39
Rule –2] M.P. Irrigation Rules, 1974 [15
67. An application for the supply of water to supplement a village tank shall be
made in Form 5 and shall ordinarily be pr esented at least fifteen days before the
water is required, to any canal officer or canal subordinate.
68. Before he sanctions an application for the supply of water to supplement a
village tank, the Executive Engineer sh all intimate to the applicants, the
approximate sum that will be charged for the water required. This shall be done
In writing in Form 5 and the applicants shall sign thereon a statement that they
undertake jointly and severally to pay the sum calculated at the prescribed rate
for water actually supplied in Form No.6.
69. The Executive Engineer shall not ordinarily sanction the application If: -
(i) He anticipates that the supply of water for the irrigation of rice under
agreement will be adversely affected there by, or
(ii) In his opinion the applicants have no t made suitable arrangements to deliver
the water from the point at which it is supplied into the tank, or
(iii) he has good reason to anticipate that the water will be used for the Irrigation
of a crop. Which is not under agreement.
70. Charges for water supplied to supplement a village tank shall be calculated on
the volume of water supplied as measured in the tank.
Section 40
1[71. Water may be supplied for any village tank, town or for Industrial purposes
and to a corporation at the rates not less than the rates specified in col. (3) of the
table below as prescribed and approved by the Government:
Table
1. 2 . * 3.
1. Village Tanks Rs. 6.00 per 10,000 cft from 15th July
to 31st October and ~s.12.00 fro m 1st
Nov. to 15th July.
2. Industrial purposes. Rs. 40.00 per 10,000 cft. except where
high rates exists or are agreed upon.
3. Corporation & Towns. Rs. 12.00 per 10,000 cft.. do...do...
provided that the Executive Engineer may permit, with the agreement in Form 7
the supply of canal water for purposes other than irrigation without sacrificing the
interest of irrigation for any term not exceeding one year and where the supply is
not to exceed five Mcft. of water in a year. For term exceedi ng one year an d,
where the supply is to be more than fi ve Mcft. in a year the previous sanction of
the State Government shall be necessary.
I. Rul e 711s substi tuted vi de Not ification No. 29-51-7 8-ML.33 dated 3 0-6.78 * Rate s
indicated in co13 are as in force from 1-4-83.
Section 44
1[72. (a) The charge for water that has been used in an unauthorised manner on
cultivated land under agreement shall be made at 1.75 times the demand rate so
loveable for the class of crop grown on it.
2[(b) The charge for water whi ch has been used in an unauthorized manner on
cultivated land not under agreement shall be at the following rates: -
(i) From Harl jans, Tribal s, small and marginal Farmer s at 1.25 times of the
demand or short-term agreement rate.
(ii) F rom other cu ltivators at 1.75 t imes the dema nd rate or short- term
agreement rate.
73. (1) T he charge for water whi ch has been used i n an unau thorized manner,
otherwise th an, on cu ltivated lan d sh all be made at t hrice t he v olumetric rat e
fixed under section 37 read with section 39 or under section 40 as the case ma y
be.
(2) Charge for water, whi ch has been wasted, shall be made at thrice the
volumetric rate fixed under section 37 and in addition, a penalty to the extent of
Rs. 250 on the discretion of the canal officer may also be imposed. T he canal
officer may u tilise t he wh ole or t he part thereof t o compen sate th e person
affected by such waste.
74. N o ch arge sh all b e made f or w ater obtain ed by percolat ion, leak age, or
flooded by breach of canal which is not induced unless in the latter case it has
been deliberately diverted to the fields which it is expected to benefit.
75. A ca nal officer or canal subor dinate on becoming aware of waste of water,
shall immediately stop it. In a case of unauthorized use he shall stop the flow, if
he considers that the supply to areas t hat are en titled to receive water will be
adversely affected by allowing i t to cont inue. In either case he shall submit a
report to the Executive Engineer.
76. The Executive Engineer, on receipt of a report of unauthorised use or waste of
water, shall after exam ination of s uch witnesses as he m ay consider necessary,
record his orders with the reasons thereof, and shall communicate them through
the Canal Deputy Collector to the section subordinate concerned.
77. If a cultivator wished to make any representation regarding the orders passed
by the Executive Engineer, he shall do so either personally or in writing within ten
days of the receipt of the parcha.
A representation may be addressed either t o the E xecutive E ngineer or to t he
officer who submitted the orig inal report. If a person al interview is d esired, this
shall be stated. T he officer, who receives the representa tion. shall then i ntimate
to the applicant the date, time and place at which his representation will be heard
or Interview granted.
1.- Rul e 72 -"at doubl e" and "thri ce" in sub-rul e (a) & (b) changed to 1. 75 ti mes vi de
Notification No. F 27-3-77-MM-3I dt. 28-12-78 Change is effective from 1st Dec. 1975.
2. Revised sub-rule (b) of rule 72, substituted vide Irrigation Deptt. Notification No,
F/21/I/B/MM/31/II dated 5-11-84.
78. If an appeal is made to the Collector against the orders of the Executive
Engineer, the Collector shall before considering the case, obtain from the
Executive Engineer, the reports, plan etc. on which the orders were based. He
shall communicate his decision to the applicant through the Executive Engineer.
Sect ion 44 (A) (2)
79. The Executive Engineer shall have a watch over the concerns, whom a supply
of water under section 40 of the Irrigati on Act, has been made and see that
adequate arrangements are made to make best use of such water for cultivation.
80. On discovery of the use of water made under rule 79 for cultivation; the
water rates shall be charged in the manner prescribed below: -
(a) In case, two or more watering including preparing land for cultivation, crop
rates shall be charged but for one wate ring the rate for preparing land for
cultivation shall be charged.
(b) In case of water being used for othe r than agricultural purposes, the rates
prescribed by the Government for such use shall be charged.
N. B. -In such areas agreements or dema nd will not be necessary and the
procedure for recording and assessing canal water shall be applicable.
Section 44-B
81. The area irrigated outside the submerging tank while emptying or through
sluice, waste weir etc. shall be charge d at crop rates provided the number of
watering including preparing land for cultivation is two or more otherwise rate for
preparing land for cultivation shall be charged.
Sections 45, 52, 58 read with sections 92 & 93 (c)
82. The Irrigation agreements under these rules shall be signed on behalf of the
Government by the canal officer or by an y other officer or canal subordinate of
the Irrigation Department authorized for that purpose by the Executive Engineer
in this behalf.
83. No Irrigation can be made fr om a canal unless a n agreement is concluded
between the Government of Madhya Pradesh and the permanent holder except in
those case s which are exempted under th ese rules. Irrigation made without
entering i nto agreement shal l be trea ted as una uthorized irrigation and the
permanent holder, irrigating their fields before ente ring into agreement or
irrigating such fields or area not specif ied in the agreement already entered into
by them, shall be liable to punishment and a ssessment under the provisions of
the Act, and the rules made there under.
1[84. The long term agreement in Form 8 and short term agreement i n Form 9
and supplementary lo ng term agreement in Form 10 appended to these rules
shall be concluded. The long term agreement shall be operative for a period of 5
years and th e sh ort t erm agreement w ill be drawn ev ery y ear. T he t erms and
conditions laid down in such forms shall be constructed as part of these rules.
85. An i rrigation agreement may be modi fied or cancelled by mutual consent
between the canal officer on be half of the State Government and the permane nt
holder concerned.
2[86. The long term agreement shall be village wise, tank wise or project wise for
the irrigation of Rice in rice lon e, as w ell as in wheat and mix ed crop Zon e. The
supplementary agreement shall be made in Form 10 appended to these rules.
87. The long term agreements for rice irrigation f or a mahal or c hak may be
accepted by the Superintending Engineer when it is clearly in the interest of State
Government to do so. Separate agreemen ts may be made for parts of a village
irrigable from separate work s. Separate works i mply separate tank s or projects
and not separate distributaries of the same project.
88. If, on examination of a long term agreement and after explaining its terms to
the permanent holders present, the C anal Deputy Collector or a n Irrigation
Inspector who has been specially author ized under s ection 51 to accept an
agreement is satisfied that either the permanent hol ders of not l ess than two
third, or not less than 95% of the permanent holders of, all the irrigable land in a
village, mahal or chak cultivated with crops to which the agreement relates, have
signed the agreement, and in the case of mahal or chak, the consent required
under the proviso to section 51 has been pi ven, he sh all take action to compl y
with the provisions of section 52.
1. Rul e 84, substi tuted vi de Irri gation Deptt. N otification No.
F/29/78/MM/78/31/IV dated 31-3-83.
2. Rul e! 86 s ubstituted vi de Irri gation Deptt. N otification No.
F!29/78/I.MM/78/31/IV dated 31-3-83.
89. (i) In the notice prescribed In se ction 52 of the Act, the Canal Deputy
Collector or Irrigation Inspector competen t to accept the long term agreement,
shall specify the date, time and place at which he will hear objections before the
agreement is declared to be accepted.
(ii) He shall make a summary record of the objections made and his decision on
each objection. If he decides that no good cause has been shown against the
proposed declaration, he shall make an endorsement in Form 11 attached to
these
Rules on the long term agreement declar ing that such agreement is final and
inding on the permanent holders of all irrigable land to which it relates.
90. If long term agreement is declared to be final and binding under rule 89, it
shall unless it is otherwise specified, have retrospective effect from the
commencement of the season in which it is made, A supplementary agreement in
inform 10 for a wet area may be accepted by Executive Engineer.
91. Water for irrigation may , if demanded, be supplied immediately on long term
agreement, which has not been declared final and binding if the Canal Officer , or
canal subordinate, who is authorized to accept it, is satisfied that either the
permanent holders of not less than two third, or not less than 95% of the
permanent holders of all the irrigable land in the village, mahal or chak cultivated
with crops to which the agreement rela tes have signed the agreement relates
have signed the agreement. Provided that, if subsequently for any reason
whatsoever, the agreement is not declared to be final or binding the signatories
of the long term agreement shall be deem ed to have agreed to pay at demand
rates for the supply given to the area of their crops that have been irrigated.
92. Where more than one long term agreem ent exists for a village irrigated from
a single work; on expiry of one agreem ent the cultivators concerned shall be
given the option of (a) renewing the ex pired agreement for a reduced period so
as to epire simultaneously with othe r agreements or (b) making a single
agreement for the whole village for fi ve years and canceling the unexpired
agreement.
93. A copy of each long term agreement th at is declared to be final and binding
shall be supplied to the sarpanch of the village concerned .
94. For village under long term agreement in form 8, the Amin shall prepate a list
of khasra numbers included in the agreement, includ ing those declared out of
command as soon as the agreement is made. This will show for each Khasra
number. The commanded area and the na me of the permanent holder, The list
shall be checked by the irrigation inspecto r and a copy of it sh all be attached to
the agreement and a COPY shall be given to the Sarpanch when the agreement is
declared final and binding.
95. The short term agreement shall be ma de individually and crop wise for the
irrigation of various crops or commodities in the wheat or mixed crop zone which
ceases to be effective on the maturity of the crops or the commodities for which it
has been concluded.
96. The Canal Officer or Officer authoriz ed for the purpose may refuse any short
term agreement or cancel it by giving a notice well in advance of the first
watering even after signing the agreement:-
(a) if any arrear in respect of water rate is outstand- against the permanent
holder, or
(b) if it may not be possible to supply water to field or field due to technical
reasons, or
(c) if the permanent holder persistently fails to maintain his water course in
proper condition.
97. The permanent holders, who have en tered into short term agreement with
the State Government and if there is no interruptio n on the part of the State
Government in giving them supply of wa ter, shall be bound to pay the water
rates on demand, irres- pective of whether they irrigate their fields or not,
provided that if department fails to su pply water to the area under agreement,
such area may be treated as dry (Khusk Rakaba) and Superintending Engineer
may grant full remission of canal revenue in such area. A statement of such area
certified by the Sub-Divisional Officer, may be submi tted to the Superintending
Engineer, through the Executive Engineer.
98. (1) The short term irrigation agreemen t for each crop shall be concluded as
per programme given below: -
S. No. Commodity Final date of issuing Fi nal date of conclud-
(Ailan) proclamation ing irrign. Agreement
(1) (2) (3) (4)
1. Sugar cane. 31st December. 31st March.
2. Cotton and Makka. 1st March. 15th April.
3. Paddy (Dhan) and
other Kharif Fasal. 31st May. 15th August.
4. All Rabi including
Vegetables. 30th September. 15th December.
5. Zaid Rabi
(Summer-Crop). 15th February. 31st March.
Any delay In Issuing proclamation shall be subject to that much extension In the
final date of concluding agreement for respective crops.
(2) Water for seeding of paddy may be gi ven under order the Executive Engineer
on the written application of the cultivator ,fore concluding agreement and the
field on which the water taken shall be treated as an agreement area.
99. The Superintending Engineer if convinced shall extend e date of concluding
agreement mentioned in column (4) of rule : to the extent of one month.
100. At least one month in advance of ea ch crop season, e Executive Engineer
shall invite a meeting of all the Irrigation inspectors, Sub-Engineers, Sarpanchas
& prominent occupiers of e land of the i rrigated area, and after acquainting them
of the water storage position of variou s tanks, and reservoirs providing the
facilities of canal irrigation, determine wi th their consultation the area which can
be brought under canal irrigation. On determination of the total area the
Executive Engineer sha1', locate area to be irriga ted by each distributary of the
canal, publish the area so allocated to ea ch distributaries for general Information
on or before the dates prescribed in colu mn (3) of the statement provided in rule
98 regarding short term agreement. The publication shall be made in Form 12.
101. In the meeting a tentative programme of releasing water through various
distributaries (Osrabandi) and dates for opening of outlets for supplying water, to
fields beginning from Iii portion of di stributaries and upwards shall also be
finalised.
102. Executive Engineer shal l reduce or enhance the area determined in the
meeting and even stop the supply in cases of emergency.
103. The short term agreement shall be submitted by the permanent holders or
occupiers concerned duly filled in or le same may be got filled by the Amin
concerned.
104. A receipt in Sinchai Pustika (Form 11-A-Hindi) shall be granted by the official
receiving the agreement. Complaints n this regard may be made to higher
officers immediately.
105. When it is proposed to make short term agreement with the occupiers, the
Executive Engineer shall, depute Irrigation Inspec tor for that purpose and shall
ordinarily cause a proclamation in Form 12 to be made in the village, or group of
villages, setting forth the object and date of visit of the Irrigation Inspector, and
the time and place where he will meet th e occupiers. Such pl ace shall be in the
village itselfExcerpt shown. Open the full act in Lexace.