LexThe MP IRRGATION RULES 1931
Madhya Pradesh · state statute
Open in Lexace · Ask the AI about this actChapter00- SHORT TITLE & RULES 2
Chapter01-Defination 3
Chapter02-Canal officials and their charges and powers 8
Chapter03-Rights in water(1) 14
Chapter03-Rights in water 16
Chapter04-Construction and maintenance of Canals 18
Chapter05 23
Chapter06 30
Chapter06-A 38
Chapter06-B 45
Chapter07-Collection of Canal Revenue 46
Chapter08 49
Chapter08-A(1) 54
Chapter08-A 60
Chapter09(1) 66
Chapter09-A(1) 79
Chapter10-Rules. Offences and Repeals 86
Section -1] M.P. Irrigation Act, 1931 [1
Madhya Pradesh Irrigation Act. 1931
(No.3 of 1931)
1
[Incorporating amendments made Subsequently]
2
An Act to consolidate and amend the law
Relating to irrigation in M. P.
Preamble: - Whereas it is expedient to consolidate and amend the
law relating to irrigation in Madhya Pradesh, and whereas the
Governor General has given has prev ious sanction to the passing of
this Act, as required by sub-section (3) of Section 80-A of Government
of India Act:
It is enacted as follows:
1. Short title, Extent and Commencement: - (1) This Act
may be called the Madhya Pradesh Irrigation Act, 1931.
3
[(2) It e xtends and shall be in force in the whole of Madhya
Pradesh.
1. This Act was brought i nto force i n the er stwhile Madhya Prad esh [cal led C. P. &
Berar] on the 15
th
March 1932, and extended to whole of new M . P. Vide Extension
of Laws Act, 1958 w.e.f. 1-1-1959.
2. The amendments incorporated arc detailed in the "Note!! of Posting of Amendments
to Act" given at the end of the book.
3. Substituted vide section 26 in Part A o f the schedule to M.P. Extension of Laws Act,
1958 and sub section 3 is deleted.
4. These two enactments, referred to i n the Pr incipal Act have been re pealed by M P
Land Revenue Code 1959, which has now to be Sc {'n in lieu of these.
Section-2-3] M.P. Irrigation Act, 1931 [2
Chapter I – Definitions
2. Interpretation.- (1) Unless there is anyt hing repugnant in the
Subject or context, any expression used in this Act, which is defined
or explained '[in the Central Pr ovinces Land Revenue Act, 1917 or
in the Central Province Tenancy Act, 1920], shall have the meaning
therein assigned to it.
(2) Every expression, which is defi ned or explained in any part of
this Act, is used in every part of this Act in conformity with such
definition or explanation.
3, Canal. - "Canal" includes: -
1[(a) all canals, channels and reservoirs Including submerging
tanks tube wells, drainage works, and lift irrigation works
constructed, maintained or cont rolled by the State Government
for the supply of water for irrigation.
(b) all works, roads, embank ments, structures, supply and
escape channels connected with, or constructed for the purpose
of facilitating the construction Or maintenance of such canals,
channels or reservoirs;
(c) all uncompleted works which, when completed, will fall within
clause (a) or (b); and
(d) all land acquired or set apart for any of the above, but does
not Include a water-course.
Section 4-6] M.P. Irrigation Act, 1931 [3
2
(4. Water-Cours e, - “Wat er-Course" mean s any channel whic h is
supplied with wate r from a canal but is not maintained at the cost of
the government. And all s ubsidiary works belonging to such channel
and including a field channel cons tructed in accordance with the
provisions of this Act.
3
[(4-A) Field Channel. - "Field Channel" means channel which
conveys or distributes water from an outlet or a n opening in a water-
course for irrigation of fields belonging to private owners.
5. Canal System. - "Canal System" means all canals supplied from
one or more com mon sources or he ad-works, together with all water-
courses supplied there from and all lands commanded thereby.
6. Privat e Irrigat ion Wo rk. - "Private Irrig ation Work" means a
work. Which Is not the property of the Government c onstructed or
maintained for the supply or sto rage of wat er fo r I rrigation,
4
[and
includes a private. water-course].
5
[6-A. Private Water Course.- “Private Water Course" means a
water course constructed at the cost of a permanent, holder.
1. The definition of 'Canal' was substituted vide Section~2 of M. P. Irrigation
(Amendment) Act, 1973 (No. 42ofl973).
2 & 3. Section 4 & 4-A has been added by r-,.I. P. Irrigation (Amendment) Act, 196(
(No. 23 of 1960).
4 & 5. Inserted vide Section 26 in Part A of the Schedule to M. P. Extension 0
Laws Act, 1958 (No. 23 of 1958).
Section 7-9] M.P. Irrigation Act, 1931 [4
7. Grant in aid irrigation work.- Grant in aid irrigation work" mean
a Private irrigation work constructed or improved by or on behalf of a
Permanent holder partly or wholly by means of grant of money from
the Government.
8. Commanded,- Land is said to be comma nded by a canal when it
may be irrigated from that canal by the flow of water under gravity,
and without the need of lifting or pumping the water i
Provided that the Executive Engineer, with the previous sanction of the
Superintending Engineer, may declar e any land to be not commanded
If it can be irrigated only by an excessive expenditure of water or by
means of a water course which pa sses through an area which the
Executive Engineer considers it desir-able to avoid.
Explanation, - Land, which would not ot herwise be commanded, may
become commanded by the constructi on of a crossing for the passage
of water across a natural drainage, channel or ridge.
9. Wet. - Land Is said to be wet
(a) When it is classed In the a nnual papers of the village under
any description which the State Government may, by rules made
under this Act, declare to have the meaning of "wet" for the
purposes of this definition; or
(b) When it has been declared by the Executive Engineer, with
the Sanction of the Superintending Engineer, to be wet,
Section10-12] M.P. Irrigation Act, 1931 [5
10. Irrigable. - Land is said to be irrigable when -
(a) It is commanded by a canal;
(b) It is under cultivation; and
(c) It is not wet.
Explanation.- L a nd w hi c h ha s be e n c ul t i v a t e d wi t h a n y c r o p a t a ny
time during two years preceding th at which an irrigation agreement
has effect shall be deemed to be under cultivation
11. Outlet,- An "outlet" Is an opening, constructed by the State
Government in a canal, through which water Is delivered into a water-
course or directly on to any land.
12. Chak. - (1) A "Chak" is that area 01 land on one side of a canal or
below a tail, which would be commanded by a single outlet so situated
that it would command the greatest po ssible area of land On that side
of the canal in that neighborhood.
Explanation- The fact that, in order to se cure a more efficient flow of
water, two or more outlets are constructed for one chak, does not
convert that chak into two or more chaks.
(2) In cases of doubt, the Executive Engineer shall have power to
determine the boundaries of chaks; and in all cases he shall have
power so to determine them that no single chak shall include land in
more than one village.
Section,12-16] M.P. Irrigation Act, 1931 [6
1
[12-A. Compulsorily assesse d area. - "Compulsorily assessed
area" means an area notified as compulsorily assessed to water rate in
accordance with rules made under this Ac t and the expression
"compulsorily assessed" shall be construed accordingly.
13. Occupier.- An "occupier' 01 land is any person hold-ing or
professing to hold the right to cultivate such land for the time being.
2
[14. Permanent holder. - A "Permanent hol der" of any land means
the Bhumiswami of such land and include s an occupancy t enant
thereof.
3
[15. Canal reve nue. - "Canal revenue" Includes Irrigation cess
levied under Chapter VI-B and all sums payable to the Government for
the use of, right to use 01, Or waste 01 water from, a canal.
16. Water rate.- A “water-rate" is the amount of canal revenue
payable for the use of water or for the right to use wate r for irrigation
for a single crop on one acre of land.
Explanation-A single crop includes tw o crops 01 the same product
within the same year.
I. Inserted vide M.P. Irrigation (Amendment) Act, 1945 (No. 11 of 1945).
2. Substituted vide M. P. Irrigation (Amendment) Act, 1960 (No. 23 of 1960).
3. This hag been substituted by Irrigation (Amendment) Act, 1973 (No. 42 of 1973) Vide
Section 3 of the said Act.
Section-17-18] M.P.IrrigationAct,1931 [ 7
Chapter II
Canal officials and their charges and powers
17. Canal officers. - There shall be the following classes Of canal
officers, namely:
(a) The Chief Engineer;(b) Superintending Engineers;
(c) Executive Engineers; (d) Sub-Divisional Officers; and
(e) Canal Deputy Collectors.
18. Canal charges.- (1) The State Government may group together
into circles, areas in which canals ha ve been or are to be constructed,
and may divide circles into divisions, and divisions into sub-divisions.
(2) The State Government may at any time form new Circles, divisions
or sub divisions, abolish existing circ les, Divisions or sub-divisions, or
alter the limits of existing circles, divisions or sub-divisions
(3) The State Government shall appo int a chief Engineer to be in
charge of the irrigation department generally, a Superintending
Engineer to be in charge of each ci rcle, an Executive Engineer to be in
charge of each division, and a Sub-Divisional Officer, to be in charge of
each division.
(4) The State Government may appoin t persons to be additional canal
officers in any sub division, divisi on or circle, and may invest them
with any or all of the powers of Sub-Divisional Officer, Executive
Engineer or Superintending Engineer, respectively.
(5) T he State Government may inve st Superintending Engineers with
the power to appoint Sub-Divisional Officers to sub-divisions within
their circles.
Section-18-20] M .P.IrrigationAct,1931 [ 8
1
(18-A. Additional Canal Officers.- The State Govern ment may, by
notification in the official Gazette , appoint the canal officers of any
neighbouring State to be A dditional Canal Officers in any Sub Division,
Division or Circle of the st ate an d to exe rcise such powers an d to
perform such duties under this Act as may by specified in the
notification.
19. Subordination of canal officers, - The Chief Engineer shall be
subordinate to the State Government:
- All other canal officers shall be subordinate to the Chief
Engineer:
- All canal officers in circle shall be subordinate to the
Superintending Engineer: and
- All canal officers in a division shall be subordinate to the
Executive Engineer.
20. Canal Deputy Collector. - (1) The State Government may
appoint a Canal Deputy Collector to one or more divis ions.
(2) A Canal Deputy Colle ctor sha ll be subordinate to Executive
Engineer of any division to which he is appointed
(3) State Government may invest a Canal Deputy Collector with any or
all of the powers of a Sub- divisional Officer under this Act, and may
Invest a Sub-Divisional Officer with all or any of the powers of a Canal
Deputy Collector.
1. Inserted vide MP Extension of Laws, Act 1958 (No. 23 of 1958)
Section-21-22] M.P.IrrigationAct,1931 [ 9
21. Canal Subordinates. - (1) The Chief Engineer may. Subject to
rules made under this Act divide a sub-division Into subordinate
charges, may appoint canal subordinates to such charges, and may
prescribe the duties of such subordinates.
(2) All canal subordinates in sub-division shall be subordinate to the S
sub-Divisional officer.
(3) The State Government may, by notification, invest any canal
subordinate with any of the powers of a canal officer, except a power
to decide appeals.
(4) The Chief Engineer may, subject to rules made under this Act,
delegate to Superintending Engineers or to Executive Engineers any or
all of his powers under this sub - section.
22. Power to allot duties among canal officers, (1) When under
this Act any duty is to be performed or power is to be exercised by a
canal officer, and the class of canal officer Is not specified, rules made
under this Act regulating the performance of such duty or exercise of
such power may prescribe the class of canal officers by which it is to
be performed or exercised.
( 2 ) I n a d d i t i o n t o t h e a b o v e , r u l e s m a y b e m a d e u n d e r t h i s A c t
prescribing generally the class of ca nal officer who is to perform any
duty or exercise any power which under this Act, is to be performed or
exercised by a canal officer.
(3) When the class of canal office r who is to perform any duty or
exercise any power under this Act is not prescribed under sub-section
(1) or sub-section (2), such duty shall be performed or such power
exercised by the Sub divisional Officer.
Section-23-] M.P.IrrigationAct,1931 [ 1 0
23. Appeals. - (1) Save as provided for in this Act and the rules made
there under, no appeal shall lie from an order passed by a
Commissioner, Collector, canal officer, Or canal subordinate.
(2) The following appeals shall lie:
(a) If an order under section 34 is passed by 8 Collector or canal
officer, to the Commissioner;
(b) If an order under section 38 is passed by a Canal officer
subordinate to the Executive Engineer, to the Executive
Engineer;
(c) If an order under section 44 is passed by a canal officer, to
the Collector;
(d) If an order under section 47 is passed by a canal sub
ordinate, to the Canal Deputy Collector Or Sub-Divisional Officer;
and, if it is passed by a Canal De puty Collector or Sub-Divisional
Officer otherwise than On appeal, to the Executive Engineer;
(e) If an order under section 56 is passed by a Superin tending
Engineer, to the Chief Engineer;
(f) If an order under sub-section (1) of section 62 is passed by a
Collector, to the Commissioner; and
(g) If an order under section 73 is passed by an Executive
Engineer, to the Superintending Engineer.
(3) No appeal shall lie
Section-23] M.P.IrrigationAct,1931 [ 1 1
(a) To the Commissioner or Chief Engineer after the expiration
of sixty days from the date of the order to which objection is
made; or
(b) To the Collector, Superinten ding Engineer or Executive
Engineer after the expiration of thirty days from the date of the
order to which objection is made; or
(c) To the Canal Deputy Collector or Sub-Divisional officer, after
the expiration of ten days from the date of the communication of
the order to which objection is made: Provided that no appeal
shall lie to the Collector against an order passed by an Executive
Engineer under section 44 either after the expiration of thirty
days from the date of such order or after the cutting of the crop
for whose irrigation the water was supplied.
(4) An appeal may be admitted after the period of limitation prescribed
there for if the applicant satisfie s appellate authority that he had
sufficient cause for not preferring the appeal within such period.
(5) No appeal to a canal officer shall require to be stamped.
(6) No legal practitioner shall be permitted to apear in any appeal
under this Act or under the rules made there under except in appeals
before the Commissioner.
(7) Rules may be made under this Act providing for appeals from the
orders of canal officers and canal subordinates regulating the
procedure to be followed in such appeals, and prescribing periods of
limitation there for.
(8) Such rules may require that specified appeals or classes of appeals
shall lie only to a specified revenue officer.
Section-24-26] M.P.IrrigationAct,1931 [12
24. Revision.- A Commissi oner may, at any time, i nquire into the
propriety of any order passed by a Collector w ho Is sub-ordinate to
him and any canal officer m ay, at any time, inquire into the propriety
of any order passed by a c anal officer or can al subordinate who Is
subordinate to him, and may pass su ch order i n reference thereto a s
he may think fit. Provided that he shall not reverse or vary any orde r
so a to affect adversely the rights of any private person without having
given to such person an Opportunity to be heard.
1
[25. Canal Officers to have certain powers or Civil Court. - The
canal officer conducting an enq uiry in t he di scharge, of his duties
under this Act, or the rules made there under shall have the power of
a Civil Court under the Code of Ci vil Procedure, 1901 (No. V of 1908),
for the purposes of receivin g evidence, administering oaths, enforcing
the attendance of witness and compelling the discovery and production
of documents and all such proceedin gs under this Act and t he r ules
made there under shall b. deemed to be judicial Proceedings within the
meaning Or section 228 of the In dian Penal Code, 1860 (No 48 of
1860),
26. Rights of the Government in water. - All rights in the water of
any river, natural stream or natural drainage channel, natural lake or
other natural collection of water shall vest in the Government, except
to the extent to which rights may have been acquired in water affected
by a notification Published under section 27 prior to the publication of
such notification
1. Section 25 is substituted by Irrigation (Amendment) Act, 19i3 (No. 42 of 1973) Vide Section
4 of the said Act
Section-27-30] M.P.IrrigationAct,1931 [ 1 3
Chapter III
Rights in water
27. Bar accrual of rights in water to the deteriment of a
projected canal. - When the state Governme nt proposes to construct
a canal it shall publish a notification declaring its intention and
indicating the site of the head-wor ks and thereupon no right shall be
acquired against the Government under section 15 Or section 16 of the
Indian Easements Act, 1882 (No.5 of 1882), in the water of any river,
natural stream or drainage channel, lake or other natural collection of
water, any of whose waters will supply the canal when constructed.
28. Bar of accrual of rights in water to the detriment of au
existing canal.- No rights shall be acquired against the Government
under section 15 or Section 16 of th e Indian Ease ments Act, 1882
(No.5 of 1882). In the water of any river, natural stream or natural
drainage channel, lake or other natural collection of water, any of
whose waters supply a canal existing or under construction at the
commencement of this Act.
29. Rights to supply of water from a canal. - No rights shall be
acquired against the Government, whether under section 15 or section
16 of the Indian Easements Act, 1882, or otherwise, to the supply of
water from a canal, save In accordance with the provisions of this Act
or under a grant from the Government.
30. Compensation for damage.- (1) No claim for com-pensation
shall lie against the Government for any damage arising from
(a) The stoppage or diminution of the percolation or flow of
water; or
Section-30] M.P.IrrigationAct,1931 [14
(b) The deterioration of climate or soil; or
(c) The stoppage of navigation, or of the means of drifting
timber or watering cattle; Provid ed that compensation shall be
payable where, as a result of the construction of a canal
(i) The rent or revenue of any land has been reduced, or
(ii) The supply of water to or fr om a tank or other con structed
work has been diminished.
1
[ (1-A) In determining the amount of such compensation, regard shall
be had to the di minution In the market value, at the time of awarding
compensation of t he property in respect of which compensation is
claimed and where such market valu e is not ascertainable the a mount
shall be reckoned at fifteen times t he amount of diminution of the
annual, net profits of such property, caused by the powers conferred
by this Act.
(2) Claims under t his section may be enforced by applic ation made to
the Collector within one y ear from the reduction of the rent or
revenue, or the diminution of the su pply. (3) Any person aggrieved by
the decision of the Collector under sub-section (2) may, within six
months from the date of such decisi on, Institute a suit in a Civil court
to have such decision set aside or modified.
1. Inserted vide M.P. Extension of laws Act) 1958 (No. 23 of 19
Section-27-30] M.P.IrrigationAct,1931 [ 1 3
Chapter III
Rights in water
27. Bar accrual of rights in water to the deteriment of a
projected canal. - When the state Governme nt proposes to construct
a canal it shall publish a notification declaring its intention and
indicating the site of the head-wor ks and thereupon no right shall be
acquired against the Government under section 15 Or section 16 of the
Indian Easements Act, 1882 (No.5 of 1882), in the water of any river,
natural stream or drainage channel, lake or other natural collection of
water, any of whose waters will supply the canal when constructed.
28. Bar of accrual of rights in water to the detriment of au
existing canal.- No rights shall be acquired against the Government
under section 15 or Section 16 of th e Indian Ease ments Act, 1882
(No.5 of 1882). In the water of any river, natural stream or natural
drainage channel, lake or other natural collection of water, any of
whose waters supply a canal existing or under construction at the
commencement of this Act.
29. Rights to supply of water from a canal. - No rights shall be
acquired against the Government, whether under section 15 or section
16 of the Indian Easements Act, 1882, or otherwise, to the supply of
water from a canal, save In accordance with the provisions of this Act
or under a grant from the Government.
30. Compensation for damage.- (1) No claim for com-pensation
shall lie against the Government for any damage arising from
(a) The stoppage or diminution of the percolation or flow of
water; or
Section-30] M.P.IrrigationAct,1931 [14
(b) The deterioration of climate or soil; or
(c) The stoppage of navigation, or of the means of drifting
timber or watering cattle; Provid ed that compensation shall be
payable where, as a result of the construction of a canal
(i) The rent or revenue of any land has been reduced, or
(ii) The supply of water to or fr om a tank or other con structed
work has been diminished.
1
[ (1-A) In determining the amount of such compensation, regard shall
be had to the di minution In the market value, at the time of awarding
compensation of t he property in respect of which compensation is
claimed and where such market valu e is not ascertainable the a mount
shall be reckoned at fifteen times t he amount of diminution of the
annual, net profits of such property, caused by the powers conferred
by this Act.
(2) Claims under t his section may be enforced by applic ation made to
the Collector within one y ear from the reduction of the rent or
revenue, or the diminution of the su pply. (3) Any person aggrieved by
the decision of the Collector under sub-section (2) may, within six
months from the date of such decisi on, Institute a suit in a Civil court
to have such decision set aside or modified.
1. Inserted vide M.P. Extension of laws Act) 1958 (No. 23 of 19
Section-31] M.P.IrrigationAct,1931 [15
Chapter IV
Construction and maintenance of Canals
31. Power to enter and survey etc.- Any canal officer, or any
person actin9 under the general or special order of a canal officer may
:-
(a) enter upon any lands adjacent to any canal Or water-Course
or through which any canal or wa ter-course is to be made, and
undertake surveys or levels thereon;
(b) dig and bore into the sub-soil;
(c) Make and set up suitable land-marks, water-gauges and
other apparatus;
(d) Do all other acts necessary fo r the proper prosecution of any
Inquiry relating to any existing Or projected canal or water-
course under the charge of the said canal officer;
(e) Where otherwise such inquiry cannot be completed, cut down
and clear away any part of any standing crop, fence or jungle;
and
(f) Enter upon any land or building for the purpose of Inspecting
or regulating the use of the water supplied. Or of measuring the
lands Irrigated thereby or chargeable with canal revenue and of
doing all things necessary for the proper regulation and
management of any canal:
Section-31-32] M.P.IrrigationAct,1931 [16
Provided, that If such canal offi cer Or person proposes to enter
into any building or any enclose' court attached to a dwelling
house, he shall give the occupier of such building or court at
least three days' notice in writing of his Intent/on to do so.
(2) After entry under this section, the canal officer shall, before
leaving, tender compensation for any damage which may have been
caused by any Proceeding under the is section; and, in case of dispute
as to the sufficiency of the amount so tendered, he shall refer the
matter for decision by the Collector. Such decision shall be final, and
no suit shall lie in a civil court to have it set aside or modified
32. Power to enter for repairs and to prevent accidents. - In
case of any accident happening or being apprehended to a canal. Any
canal, officer or canal subordinate, or any person acting under his
general or special orders In this behalf, may enter upon any lands
adjacent to such canal, and may execute all works which may be
necessary for the purpose of repairing or preventing such accident.
(2) In every such case the Ex ecutive Engineer shall tender
compensation to the proprietors or occupiers of the said lands for all
damage caused thereto. If such te nder is not accepted, the Executive
Engineer shall refer the matter to the Collector and compensation for
the damage shall be determined as though the State Government had
directed the occupation of the land under part VI of the Land
Acquisition Act, 1894 (No.1 of 1894)
Section-33-35] M.P.IrrigationAct,1931 [17
33. Power to prohibit obstructions or to order their removal. -
Whenever it appears to the State Go vernment that injury to any land
or to the public health or public convenience has arisen or may arise
from the obstruction of any river, stream or drainage channel it may,
by notification published in the offi cial Gazette, prohibit, within limits
to be defined in such notification the formation of an y obstruction, or
may, within such limits, order the removal or modification of such
obstruction.
34. Power to remove obstructions.- (1) The Collector or any canal
officer authorized by the State Gove rnment in this behalf may, after
such publication, issue an order to the person causing or having
control over such obstruction to re move or modify it within a time
fixed in the order (2) If, within the time so fixed, such person does not
comply with the order, the Collector or said' canal officer may remove
or modify the obstruction, and the expenses incurred In such removal
or modification shall be recoverable as arrears of land revenue.
35. The Government to provide means of crossing canals- (1) In
accordance with rules made under this act a revenue officer and canal
officer shall make a joint inspection of the alignment of all canals to be
constructed and maintained at the cost of the Government, and shall
make a second joint inspection of all such canals after not less than
three years from The completion of su ch canals and shall report to the
Collector, where, in their opinion, means of crossing such canals
should be Provided for the reasonable convenience of the inhabitants
of the adjacent lands. (2) The State Government shall cause suitable
means of crossing such canals to be constructed at the cost of the
Government at such places as it thinks fit.
Section-35-36] M.P.IrrigationAct,1931 [18
(3) If at any time after the second of such inspections, five or more of
the permanent holders of such land s apply to the Col-lector for the
construction of further means of cros sing, he shall cause an inquiry to
be made and if he thinks that fu rther means of crossing should be
constructed, he shall forward his opinion to the State Government
which shall cause such measure to be taken as it thinks proper;
Provided that, if the local inhabitants deposit half the estimated cost of
constructing such a means of crossi ng for the passage of traffic, the
State Government shall cause it to be constructed, such crossing to be
the property of the Government; and if the estimated c9st exceeds the
actual cost, the State Government shall refund half the difference;
Provided further that, if the Collector has once caused an inquiry to be
made under this section, it shall not be necessary for him to cause a
second inquiry to be made into the same matter.
(4) No suit shall lie In a civil cour t against the Government to enforce
the construction of a crossing of a canal, or to enforce the alteration of
a crossing or for compensation for damage arising from the absence or
inadequacy of any crossing or to modify or set aside any scheme
framed or order passed under this section.
Explanation.- Suitable means of crossing canals include means for
the passage of the traffic and of water.
36. Power to impress labor in emergency.- (1) Whenever It
appears to the Executive Engineer, or to any Sub-Divisional Officer
acting under his general or special orders in this behalf, that, unless
Section-36] M.P.IrrigationAct,1931 [19
some work is immediately executed, such serious damage will happen
or continue to any canal as is lik ely to cause or continue to cause
serious public injury or serious in terruption of the normal course of
irrigation -and the labor necessary for the proper execution thereof
cannot be obtained in the ordinary manner In time to prevent such
Injury or Interruption or to remedy It within a reasonable time. -The
Executive Engineer, or any Sub-Divisional Officer acting under the said
orders, may, by public proclamation by beat of drum, require every
permanent holder and occupier of irri gable land resident In any village
within five miles (8 km) of the place where the work is to be executed,
and every agricultural laborer employ ed by them, to attend In person
at such place and to carry out such duties as may be allotted to them.
(2) If, in the opinion of the Ex ecutive Engineer, or of any Sub-
Divisional Officer acting under the said orders, the amount of labor
likely to attend in pursuance of an order under sub section (1) is not
sufficient, he may at any time In like manner and subject to the same
conditions issue a like order requir ing the attendance of all cultiva10rs
or of all agricultural laborers or of both resident within five miles (8
km) of the place where the work is to be executed.
(3) The rates of wages to be paid for such work shall not exceed those
current in the neighborhood for similar work, and any person attending
in compliance with the proclamation shall be paid for the whole period
during which he is thereby prev ented from following his ordinary
occupation. (4) No person shall be required to carry out any duties
under this section for which such pers on is unfit by reason of age, sex
or bodily informity or social position
Section-37-A] M.P.IrrigationAct,1931 [20
Chapter V
The Supply of Water from Canals and
Charges there for.
37. Purpose for which water day be supplied,
(1) Water may be supplied from a canal:
(a) Under an irrigation agreement, in accordance with the
provisions of Chapter VI;
(b) On demand, for the irrigation of specified areas;
(c) To supplement a village tank;
(d) For Industrial urban or other purposes not connected with
agriculture
1
[(e) for the irrigation of a compulsorily assessed area.
(2) Charges for the supply of water under clause (a), (b), (c) 2[or (e)]
of sub-section (1) shall be paid at such 3{rates as may be fixed by the
State Government in accordance with rules made under this Act.
37-A. Re duction or remis sion o f c harges for supply of wat er.-
Notwithstanding anything contained in this Act or the rules made there
under, the State Government may by notification, reduce or remit the
whole or any part of the ch arges for the supply of water under sub-
section (1) of section 37.
1 & 2. Inserted vide Section 3 of M. P. Irrigation (Amendment) Act, 1945 (No. XI of 1945).
Section-37-B] M.P.IrrigationAct,1931 [21
4
[37-B. Submerging tank.- (1) Th e State Government may on an
application made by not less than fifty percent of the permanent
holders and occupiers of land in any particular area for construction of
a submer ging tank in t hat area, und ertake the construction of such
tank at the cost of the Govern ment subject to such terms and
conditions as may be prescribed.
(2) Where the State Government undertakes to const ruct 8
submerging ta nk under sub-section (1), the terms and conditions
prescribed under sub-section (1), shall be binding on all the
permanent holders and occupiers of land likely to be covered by the
submerging tank ir respective of th e fact whether they a re signatories
to the application or not.
(3) Where submerging tanks constructed and maintained by the State
Government are i n existence pr ior to the commence ment of the
Madhya Pradesh Irrigation (Ame ndment) Act, 1973, the terms and
conditions prescribed under sub-sect ion (1) shall be binding on all the
permanent holders and occupiers of lands covered by the subme rging
tank.
(4) The canal offic er or any other officer authorized for execution for
the purpose of this section shal l during the peri od between 15th
September and 1s t October every ye ar, in the pres ence of the
permanent holders and occ upiers or their representatives-in-interest
2. Section 37-B has been substituted vide Section 5 of M. P. Irrigation (Amendment) Act, 1973
(No. 4-2 of 1973).
3. Schedul e of water r ates a pproved by Gave may be s een at the end of thi s Ac t
Section-37-39] M.P.IrrigationAct,1931 [22
mark out the land actually submer ged under water of the submerging
tank in the village map by a contou r line and obtain signatures on the
map of the permanent holders and o ccupiers or their representative-
in-interest present on the spot.
(5) The permanent holders and occu piers of land within the contour
line on the map shall be liable to pay water rate at such rates as may
be determined by rules.
38. Supply of water on demand.- (a) Water may be Supplied from
a canal at any time for the irrigation of specified areas at the discretion
of the Executive Engineer.
(2) Water supplied on demand shall be paid for according to the area
actually irrigated. In determination of such area the decision of the
Executive Engineer shall be final and shall not be modified or set aside
by any civil court. The water-rates for such supply are called "demand
rates".
(3) Rules may be made under this Act regulating the procedure of
canal officers In receiving application for water on demand, In
supplying water on demand, and in assessing canal revenue.
39. Supply of water to supplement village tanks. (1) Water may
be supplied at any time to supplement a village tank at the discretion
of the Executive Engineer.
(2) Rules may be made under this Act prescribing the conditions on
which water may be supplied under this section and regulating the
procedure of canal officers in giving such supply.
Section-40-42] M.P.IrrigationAct,1931 [23
40. Supply or water for industrial, urban or other purposes.-
The conditions for the supply of wa ter for industrial, urban or other
purposes not connected with agriculture. And the charges there for,
shall be as agreed upon between the State Government and the
company, firm, private person or local body concerned and fixed in
accordance with rules made under this Act.
4O-A. Supply of water to compulsorily assessed area. -(1) Water
may be supplied from a canal at any time to Irrigate a compulsorily
assessed area in accordance with the rules made under this Act.
(2) Rules may be made under this act prescribing the conditions on
which water may be supplied under this section, and regulating the
procedure of canal officers in giving such supply.
41,Control or supply or water from outlets,-Water for the
irrigation of land, Or to supplement village tanks, or for an industrial,
urban or other purpose not connected with agriculture, may be taken
only from such outlets as may determined from time to time by the EE
for the special needs of such land, system or purpose.
42. Power of State Government wi th regard to i rrigation from
private irrigation works.- If, as a result of the construction of a
canal the area irrigated from any private irrigation work in its
proximity is increased beyond the area recorded as Irrigable at the last
settlement, the State Government may, without prejudice to its rights,
If any, recorded at such settlement, direct that such water-rate as it
may deem fit shall be charged on such increase of area; Provided that
no water-rate shall be charged, if o n I n q u i r y I t i s f o u n d t h a t t h e
Increase in the area has been due to any improvement of the private
work since the settlement.
Section-43-44] M.P.IrrigationAct,1931 [24
43. Unauthorized use and waste or water.- (1) Water is said to
be used in an "unauthorized" manner when its use gives rise to, or
may be expected to give rise to; benefits of any kind and
(a) When it is allowed or caused to flow on to land, or into a
village tank, or Into a private sy stem of Irrigation, or into any
system for the supply of water fo r an industrial, urban or other
purpose not connected with agriculture, so that the owners or
occupiers of such land Or system thereby obtain for such land Or
system water to which they are not entitled under the Provisions
of this Actor of the rules or of any agreement Or contract made
there under; or
(b) When It is taken from any cana l, outlet or water-course in
contravention of any of the provisio ns of this Act or of the rules
made the rounder or of any order by a canal officer passed there
under.
(2) Water which Is allowed or caused to escape from a canal,
water course or field In such a manner that no benefits arise
from its consumption Is said to be "wasted".
44. Rate for unauthorized use and waste or water:-(1) cultivated
land on which water has been used In an unauthorized manner shall
be subject to the payment of water rates; such rates are called" rates
for unauthorized use ".
(2) Rates for unauthorized use shall be payable by the occupiers of the
land concerned: Provided that, If such occupiers can prove to the
satisfaction of a canal officer that the unauthorized use was due to the
act or omission of another person, the canal officer may levy such
rates, or a portion thereof, from such other person.
Section-44] M.P.IrrigationAct,1931 [25
(3) When water is used In an authorized manner otherwise than on
cultivated land, the Executive Engineer may make an estimate of the
volume of water used, and may dete rmine the persons responsible for
such use and the person s who have been bene fited thereby. Such
water may be charged for al bulk ra tes to be prescribed from time to
time by the State Government, and the charges shall be distributed
among the persons responsible and the persons benefited by such use
at the discretion of the Executive Engineer.
(4) When water is wasted, the Executive Engineer may make an
estimate of the volume of water wasted, and may determine the
persons responsible for such wasted . Such water may be charged for
al bulk rates to be prescribed from lime 10 time by the State
Government and the charges shall be distributed among the persons
responsible at the discretion of the Executive Engineer.
(5) The levy of rates for unauthorized use or waste shall not bar a
prosecution for any offence connected with such use or waste.
(6) No suit shall lie in a civil cour t contesting any decision made by a
canal officer under this section or by the Collector on appeal from such
decision.
(7) Rules may be made under this Act regulating the procedure of
canal officers In imposing liability for, and In assessing, canal revenue
payable under this section.
Section-44] M.P.IrrigationAct,1931 [26
1
[44-A. Discharged waste water to vest in State Governm ent. -
(1) All rights In the water discharged as waste water after its use for
the purpose for which it was supplied under section 40 shall vest in the
Government. (2) The use of waste water by any person other than the
one who discharges such water after use shall be subje ct to payment
of water rate at such rates as may be prescribed and such water rates
shall be payable by the person utilizing such waste water.
2
(44 - B. Water rate for utiliza tion of drain out water from
submerging tank. - The p ermanent holders and occupiers of land
situated outside the boundar y of a submerging tank who utilise water
discharged from the sluice and escape s of the said tank f or purpose of
cultivation shall be liable to pay water rate at such rates as may be
prescribed,
1,2,3. Section 44-A & 44-B i nserted vide Section 6 and secti on 45 vide section 7 of 11. M.P.
Irrigation (Amendment) Act, 1973 (No. 42 of 1973).
Section-45-46] M. P. Irrigation Act, 1631 [27
Chapter VI
Irrigation Agreements
3
[45. Power to make irrigation agreements.
(1) Agreement may be made, betwee n the State Government and the
permanent holders of land for the supply of water for irrigation either
for a short term not exceeding one ye ar or for a long term exceeding
one year, at such rates as may be fixed by the State Government,
from time to time: Provided that, if the State Government considers It
necessary 80 to do, short term ag reement may also be made with
occupiers of land,
(2) Agreements made In accordance with sub section (1) are called
"Irrigation Agreements" and the water rates payable there under are
called ., agreement rates ",
(3) The State Government may divi de the State Into Zones for the
purpose of short term agreements and long term agreements and may
declare any area where for no agreements shall be made.
(4) Agreements under this section shall be made in accordance with
the provisions of this Chapter and the rules made there under.
46. Scope of irrigation agreements.-Irrigation agreements
(a) Shall be for the Irri gation of one or more specified crops.
Which are called, “crops under agreement";
(b) Shall be made with the permanent holders of all irrigable
land in a village, mahal or chak cultivated with he crops under
agreement; and
Section-46-47] M. P. Irrigation Act, 1631 [28
(c) When duly made in accordance with the provisions of this
Chapter, shall be binding to the terms of the agreement, on the
permanent holders and occupiers of (i) all irrigable land in the
village, mahal or chak under cu ltivation with the crops under
agreement at the time from whic h the agreement has effect or
at any time during two years prior thereto,
Provided that where a scheme of consolidation has been
confirmed in respect of any land under the provisions of the
Madhya Pradesh Consolidation of Holdings Act, 1928 (No.8 of
1928), the irri action agreements shall, from the year in which
the permanent holders and occupi ers, if any, are put into
possession of the holdings: -
(a) Be binding on the permanent holders and occupiers if any of all
cultivable land newly received in exchange for land which has ceased
to be under cultivation; and
(b) Ceased to be binding on the pe rmanent holders and occupiers, if
any, at all land which has ceased to be under cultivation;
(ii) All land described in subExcerpt shown. Open the full act in Lexace.