The Manipur Irrigation Act, 1978

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THE MANIPUR IRRIGATION BILL, 1977
(As passed by the Legislative Assembly, Manipur on 2540-77)
A1»
4015
To make the law relating to irrigation; and (fraiua'ge and levy ofwater rates and betterment contribution and matters connected therewith,
Be it enacted by the Legislature of Manipur in the twenty eightyear of the Republic of India as"f011‘<‘)WS:
CHAPTER r
1. (1) This Act may be called the Manipur Irrigation Act, 1977.
(2) It extends to the whole of Manipur State.
(3) It shall 'come into forCe on such date {is the szi’te Govéffilment! may, by notification in .Ofiicial Gazette, appoint and differentdates;may be appointed for different areas of the State.
2. In this Act, unless the context otherwise requires :
(a) “betterment contribution” means contribution levied underChapter VI of this Act ; -
(b) “betterment levy oflicer” means such ofli’cer as the StateGovernment may appoint to be the betterment lev'y officerin reSpcet of any area of the Irrigainn Work, 61' pertion ofan irrigation work:
(c) “canal oflicer’? means an officer exercising co‘ntlrpl‘ over asubdivision of an irrigatjen work or portion ofanirrigationwork appointed by the State Government;
(d) “canal revenue” includes water rate, betterment contribution,water csssr crop c533, licence fee for fishing”, navigation, saleof grass, trees and other produce from the» land belongingto Irrigation work, proceeds from lease of land belongingto irrigation work and from water mills;
(e) “colledor” means the head revenue officer of adistrict andincludes a Deputy Commissioner or other officers appointedunder this Act to exercise all or any of the powers of aColledor; ,
(f) ‘.‘culturable com mended area” means all lands Which are fit' for cultivation under irrigable command of an irngation work;
Short title,‘
extent and
commence-
mom.
Definitions.
ngnL‘
’\
(g)
(h)
(i)
2
“divisional canal officer” means an ofi’icer exercising control
over a division of an irrigation work or portion of the 1mga-
tion work appointed by the State by notification in the Gazette;
“drainaoe work” includes—wD
(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, flood 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 system of reclamation
; made or improved by State Government for the purpose
of drainage of an area; and
(iv). all field drains;
“field channel” means a channel constructed by owners or
occupiers 017 constructed by the State Government on their
behalf and at their cost to serye the various fields within
a block of 40 hectares or as may be prescribed and main-
tained by such owners or occupiers and includes existing
water courses constructed or maintained by the OWners or
occupiers ;
Explanationze-Existing means existing at the time of the coming into
(1')
(k)
(1)
force. of this Act.
“field drains” include drains, escape channels and other
similar works constructed & maintained by the owners or
OCCupiers by the State Government on behalf and at the
cost of the owners or occupiers;
“flood embankment” means any embankment constructed or
maintained by the State 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 pro—
tective works connected with such embankment;
“irrigation work” includes :—
(i) all reservoirs, tanks, dams, weirs, canals barrages, channels,
domestic water supply works, pipes, ponds, spring ponds,
spring channels, aqueducts, sluices, pumping installation
constructed, maintained or controlled by the State Govern-
ment for the supply or stbrage or water;
(ii; all works, embankments, structures, control structures
including outlets, supply and escape channels connected
with such reservoirs, tanks, dams, weirs, canals, barrage:
channels, domestic water SUpply works, pipes, ponds,
spring ponds, Spring channels aqueducts, sluices, pumping
installations, and all roads constructed for facilitating
 
' (m)
(n)
(0)
(P)
((1)
(r)
the construction or maintenanceof such reservoirs,tanks,
dams, weirs, canals, barrages, channels, domestic water
supply works, pipes ponds, spring ponds, spring chan-
nels, aqueducts, sluices and pumping installations ; -
(iii) all drainage works, flood embankments, wells, water
courSes, and field channels; .
(iv) any part of a river, stream, lake or natural collection
of water or natural drainage channels and ground waters
to which the State Government has applied the provi-
sions of Chapter 1] of this Act; and
(v) all lands held by the State GoVemment for the purpose,
of such reservoirs, tanks, weirs, canals, barrages, chan-
nels, domestic water supply works, pipes, ponds, spring
channels, aqueducts, sluices, pumping installations and all
buildings, machinery, fences, gates and other erection upon
such lands. _
“lands under irrigable command” means such lands as are
irrigated or capable of being irrigated by the flow 0:1
lift from an irrigation work being under its command and
shall include also such cultivated land which receive in the
opinion of the Divisional Canal Officer, by percolation or
otherwise from an irrigation Work or by indirect flow, perco-
lation or drainage from or through adjoining land, an advantage
beneficial to the crop ;
“notification” means a notification published in the ofiicial
Gazette ; .
“Occupier” includes and occupierv of land or property who
cultivates or possesses the same for the time bemg;
“on—farm development” includes any of the following works—
(i) land—levelling and land-shaping, including realignment of
field boundaries ;
(ii) providing of falls, culverts and farm roads in the fields;
(iii) land reclamation by use of engineering, biological and ‘
chemical measures, inclfiding :eaChing;
(iv) contour bunding and nala bunding;
(v) such other works as may be necessary or incidental to
development of land or ground or flow water potential
and for optimising the utilisation of land and water
resources ; ‘
“outlet” includes an opening, constructed by the State Govern-
ment in an irrigation work through which water is delivered
into a water course or field channel or directly on to any
land ;
“owner” includes every pesron having interest in ownership
of land or property and all rights and obligations which
\
nle appli-(2:501: ofrat; top
‘I Lb wt o
  
éiééqfi‘ , K. i;at'taéli joyp‘tl’y‘ é; ; e“ SEE fifOVfoé'flS‘ of this Act Shallto every persmr hafing such joint
. 3 ‘1 xiiffit‘érest hr the ownership ;(s) “prescribed” means prescribed by rules made under this Act;
t “.~,ewa e cflluent” means eflluent from an. sewaoe system or
g . . .Y o .
sewage diSposal works and includes sullage from open drains;
(tt) f‘state government” means the Government of State of
Manipur ;'
(u) “superintendihg cahal oflicer” means an officer exercising
general control over an irrigation Work or portion of an
i‘rn'gatidn Work; ' _(v) f‘tzrade'efillient”
,i'nelu'des any liquid, gaseous or solid subs-
tance Which; is disicharged from premises used for carrying
011 any trade or industry, other than domestic sewage;
(w) “water course’T means the lengthof a channel“ between an
unz'
oytret a'iili a' field chafin'el built at the cost of the State Goyern-
meat, and: maintafiietlf y the owners or occupiers: to carry
waiterfgg’rh an outl'e‘t' to any block of lahd or is may be
pm‘s'éfihefl’;
(if) “water rate” means water rate levied under Chapter V of
this" Aét :-
-(y) “well”, means a well sunk for search or extraction‘ofground
v‘v’atér and includes an open well, dug, Well bored well,“ dug~
cum-bored well, tuheWell and filter point; .
(z) “vessbl” includes boat's, rafts, timber and other floating bodies.
CONSTRUCIIQN AND; MéIgIENANCB 0FIRRIGATION WORKS3. (1) Whenever it appears expedient to the State Government
that the water of any river (including its tributaries) or stream
. .
r
5 .
_ (2) As soon-as practicable after the issue of a notificationunder
”sub-section (1), the-ijivisional Canal Officer or any ofiicer duly
empoWer’ed under this Act shall cause public notice to be given at
gonvenient placessuch as stating that’ the State Government intends
,to apply or use thewater referred to_ in that sub-section.
_ -(3) _,The application .or use of the said water or application or
ust'of water of any'jrrigation work under the management or control
of the State Government shall he regulated according to the provisions
,of this Act.
(4) Where the State Government is of’ the opinion that in the
interest of proper irrigation from any irrigation work constructed or
proposed to be constructed it is necessary to control the construction of
wells for any purpose other than exclusively domestic use, either on
personal or community basis, in any area or areas the State Govern-
ment may by notification specify. such area or areas, and thereupon
no person shall within such area or areas, construct any such well
§Xcept- with the previous sanction of the State Government or other
’anthority authorised by the State Government in this behalf, and subject
to such cenditions as the State Government or such authority may
in] pose.
(5) Where the State Government is of the opinion that in the inte-
rest of proper irrigation from any irrigation work constructed or proposed
to be constructed it is necessary to regulate the operation of the existing
wells for any purpose other than exclusively domestic use, either on
personal or community basis, in any area c-r areas the State Govern-
ment may by notification specify such area or areas and impose
such conditions as ' it may deem fit with regard to extraction of water
therefrom. 'l'hereupon no person shall within such area or areas
extract water from such well except according to conditions which
the. State Government may irrpose. '
(6) When the State Government is of the opinion that in the
interest of proper irrigation, a block or land under any exisfing or
ptoposed irrigation work is to be transferred to another proposed or
existing Work or completely excluded from any existing work, the State
ry'oyernment may by notification specify .such areas and Such works
to take efi‘ect from a date specified in the notification, not being earlier
than six months from the date thereof. -
. (7) When the State Government is of the opinion that in the
interest of proper utilisation of available water resources, it is necessary
to subject a block ot‘land for temporary submersion without damage
to crops, the State Government may by notification specify such
areas and period of such submersion on a date specified in the
notification, hot‘ being earlier than six months from the date thereof.
; 4. .At any time after the day named in the notification under
splagechonfl) of section 3,; any Canal Ofiicer duly empowered in this.
behalf may enter on any land, remOVe any construction, close any
Powers of
entry on
land etc.
Enquiry or
examination.
Inspection &regulation ofuse of water.
Power to
prevent
accident.
use of the said water and for such purpose may take with him, or depute
or employ such subordination and other persons as he thinks fit.5. Whenever it shall be necessary to make an enquiry or exami-
nation in connection with a projected irrigation Work or its constructionor with the maintenance of an existing irrigation work or with the
application or use of the water of any irrigation Work for the
purpose of regulation, supply or storage 01‘ water, auy canal otfioe’r
duly empowered in this behalf :nay—~
(b) undertake surveys or take levels thereon;(c) dig and bore into the s/ub-soil;(d) where otherwise such inquiry cannot be completed, cut downand clear away any standing crop, fence or jungle;
the Land Acquisition Act, l394 (Act 7 of l894) to the effectthat land in that locality is likely to be needed for a publicpurpose; and
(f; set up and maintain gauge discharge of all measurementstations and do all other things necessary for purposes ofsuch inquiry andoexamination,
6. Any Canal Officer duly empowered in this behalf may enter
upon any land, building, water coune or field channel on account of
hich any water rate is chargeable {or the, purpose of inspecting orirrigated thereby or chargeable with a canal revenue and doing all things
necessary for the proper regulation and management of the irrigationWorks from Which such water is supplied.
7. (1) In case of any accident being apprehended or happening to
an irrigation work, any canal oflicer empowered in this behalf may
enter upon of into any immovable property in the neighbourhoodof such irrigation work or such other immovable property as may
may be necessary for the purpose of preventing such accident of
repairing any damage done. ‘ '(2) In determining compensation for taking trees and other mate~
rials and princ.ples laid down in section 60 shall. be followed,8. Where any irrigation work is being damaged ordamage ta
any ir:igation work is apprehenced due to floods, any Canal Officer
duly empowered in this ‘behalt' may, in the interest of the safety of
the irrigation work_regulate the floods by operating gates or fgated.
waste weir on the irrigation work or lregulate the Canalas the case"
may be.
' ‘
'
7
9. Where a Canal Officer proposes under the provision of
sections 5, 6, or 7 to enter into ‘any building of enclosed court or
garden attached 'to a dwelling house. not supplied with water from
an irrigation work, and not adjacent to a flood embankment, he
ehall give to the occupier of such building, court or garden such reason-
able prior notice as the urgenCy of the case will allow.
, 10. Canal Crossings:
(1) There shall be provided at the cost of the State Govern-
ment suitable means of crossing canals constructed or maintained
.at the cost of the State Government at such places as the State
Govt. thinks necessary for the reasonable convenience of the inhabitants
, of the adjacent lands.
, (2) No suit shall lie in a Civil court against the State Government
to enforce the construction of a crossing of a Canal, or to enforce
the alterating of a crossing or for compensation for damage arising
afrom the absence or inadequacy of any crossing, or to be modified
or set aside any scheme frame or ordered passed under this section.
Explanation z—Suitable means of crossing Canals include means
"for the passage of traffic and of- water.
11. If the State Government is satisfied that any land for the
construction of an irrigation work, excluding water courses, field
channels and field drains or for the maintenance, improvement or
extension of an existing irrigation Work excluding ‘water courses, field
- channels and field drains, is needed, the State Govt. may acquire the
land by following the provisions of the land acquisition Act, 1894 (Act
1 of l894) except to_ the extent specifically stated to the contraryrin
this chapter.
12. (1) Notwithstanding anything to the Contrary in the Land
.Acquisition Act,‘ 1894 (Act 1 of 1894) the Collector may after holding
.such enquiry 'as the deems necessary make an estimate of the amount
of compensation payablein respect of the land, needed for- purposes
specified in section 11 of this Act, for which declaration under
section 6 of the aforesaid Act has been made, including compensation
for the standing crops, trees and structures, if any, on such land and
~. for any phySicaI damage caused to them, within three months of
the declaration. »
(2) The Collector may take possession of the land after tendering ‘
the estimated amount of compensation, as stated in subclausefl), to
the person having an interest in the land and the land shall there-
.vnpon vestabsomtely in the State Government free from all encumbrances.
(3) If any person having an interest in the land acquired by
,.the State Government does not agree with the estimated amount of
'eompensation, he may require that the matter be referred by the
Collector for determination by the court in accordance With section 18
of the Land Acquisition Act, 1894 (Act I of 1894).
,(4) In all! other matters. relating to compensation including
;,principles for determining compensation, the provisionof the Land
,Acquisition Act, 1894 (Act Iof 1894) shall be applicable.
Notice to
enter land
or garden.
Provision
for Canal
crossings.
Acquisiti on
of Land.
Pro.edure
for acqui-
sition of
land.
Draft sche-
mes for-wateh
courses &
field chan-
nels.
Publiegtion
of' 'draft
scheme &
objections
thereof.
8
, CHAPTER III _WATER COURSES AND FIELD CHANNELS
13. (1 ) Notwithstanding anything contained to the contrary in thisiAct and subject to the rules prescribed by the State Government in thisbehalf, the Divisional Canal Oflicer may on his own motion or onthe application ‘of an owner or occupier, .'prepare a draft scheme-to provide for all or any of the matters, namely:
(a) the construction, alteration, extension and realignin’ént"of any water course, or existing water course construeted.or maintained by the owners or oeenpiers; ’(b) reallotment of areas served by one water course ”to!another ;
(c) the lining of any watet; course ; _V
(d) the occupation of land for the deposit of soil fromwater course clearance ; .
(c) any other matter Which is necessary for the proper main-tenance and distribution of Supply of water fremalwatet"Course.
(2) Every scheme prepared under sub-section (1) shall amongstother matters, set out the estimated cost thereof, the realignmentof any water course or existing water course, as the case may bethe site of the outlet, the particulars of the owners or occupiersto be benefitted and other persons who may be afi‘ected therebyand a sketch plan of the area proposed to be- covered by thescheme.
14. (1) Every scheme shall, as soon as may be after its prepara—tion, be published in such form and manner as may be prescribedinviting objections and suggestions with respect thereof Within twentyone days of the publication,
(2) After consideration of such objections and suggestions, if any,the Divisional Canal Oflicer shall approve the scheme either as ‘itwas orignally published or in such modified form as he may considerfit and publish the same.
(3) The Superintending Canal Olficer may, on his own motionat any time, on ah application by any person aggrieved by the.approved scheme made within a period of thirty days from the dateof publication of the particulars of the scheme under subsection (52),revise the scheme approved by the Divisional Canal Ofl‘iCer.
Provided that such revision shall hot be made Without affOrdinfig'the persons affected an apportunity of being heard. ,
(4) As owner or occupier aggrieved by the order of the Divisiona}Canal Oflicer in respect of a scheme which has not been approvedmay prefer as scheme, within thirty days of the paSSing of the-order, to the Superintending Canal Officer whose decision shall be final.
9
(1) “After [a scheme has been approved by the Divisional" CanallOfiicet, or where an appeal is pending before the Superin-‘ tending Canal ()flicer after it has been disposed of by him, theDivisional Canal Officer shall acquire the land by agreementv with the'owners thereof, or the Divisional Canal Officer shallpublish in the manner prescribed anotice ol~ his intention to,_ acquire the land required for implementation of the scheme.
' (2) ‘ Any person interested may, within fifteen days. from the date' of publication of thenotice thereof apply to the DivisionalCanal Oflicer by petition stating his objection to the proposedacquisition. ' ' -
(3) After consideringthe objections, the Divisional Canal Officer‘ ‘ may make an order for acquisition of the land. ‘
. (4) '5.er fifteen days of the order made'under sub-section 3, the‘ ' ' Divisional Canal Ofiicer may take possession of the land, and”the said shall vest absolutely in the State Government free fromall encumbrances. '
(5) The Divisional Canal Officer shall make an award of compen-' sation, including compensation for standing CrOfS, trees andstructures, it; any, onsuchland and for any physical damage
'caused to them within six months of the making of the ordcrunder sub-section_(3). - '
(6) In determining the amount of Compensation of the Divi-sional Canal Officer shall ,gtve reasonable opportunity of being_ heard to the person having interest in the land '..
.(7).. The amount of‘ the compensation shall be the marketvalue- at the time of publication of the notice under sub-section (l)which shall be fixed in. Comparision with the prevailing marketvalue of similar lands'in the neighbourhood.
(8) The amount of the compensation shall be paid within thirtydays of the award by the Divisional Canal Officer.
(9) A person aggrieved by the order of the Divisional CanalOfficer in respect of compensation may prepare an appeal within.thjny, days of the' passing of the order to the Supe'fin-tending Canal Officer Who shall decide the same, and nofurther appeal shall lie from such a decisions. '
16. (l) The Diyisional Canal Qtficer shall,_afte;,;g§tting the occu-pation: of the landuttnde-r Su-b-section‘(4) of‘section1’1‘15f“take steps toimplement the scheme at the'e'costg?of'the State Government.
. (2) Ahy watch course constructed under sub—sectiofi (1) shall be311eproper‘t‘y of the State Government. . , - .
J -, (3) ,Unles's-~-ordered by the State GoVernmeht “to the. contrary,anyaextension alteration- or realignment of Water co'hrse at the instanceof the owners'or occupiers shall *be done at' the 60st of the ownersor occupiers. v ‘ i i
Implemen -
tation of
scheme.
Maintenance:
of water
courses.
Power to
order cons-
truction of
bridges, cul-
verts &
other works.
Restoration
& require of
damage to
water courses
10
17. On execution of the scheme, the Divisional Canal Officershall on requisition in writing, direct the owners or occupiers to takeover any owner of occupier to comply With the direction, he shat!make arrangements for maintenance of the water .course at‘ the costof such owners or occupiers in proportion to the culturable com-manded area under the scheme held by them.
18. (l) The Divisional Canal Otfieer may issue an orderto thepersons using any field channel to construct suitable bridges, culyertsor other WOIkS as approved by the Divisional Canal Officer- fo'rthepassage of the water of such field channel across ahy public road,canal or drainage channel in use before the said field channel wasmade, or to repair any Such work. ‘
(2) Such order shatl specify a reasonable period ”within vyhichsuch construction or repairs shall be completed.
(3) IF, after the receipt of such order, the persons to whom itis addressed do not within the said period, [construct or repair suchworks to the satisfaction of the said Divisional Canal Olficer he maywith the previous approval of the Superintend'mg Canal Officer, himselfconstruct or repair the same, and demand the cost of such eons-truction or repairs.
19. (l) If a person demolishes, alters, enlarges, obstructs or en-croaches upon a water course or field or causes any d’xtmage thereto, anyperSOn affected thereby may .apply to the Divisional Canal Ofl‘tcer for
(2) The Divisional Canal Oflicer may, on his own motion, oron receiving an application under sub—section (1), after making suchenquiry as he may deem fit, require, by a notice, in writing served onthe persons found tl) be responsible for so demolishing, altering, en-larging, obstructing, encroaching or causing damage to. restore, at hisown cost, the water course 01- field channel to its original conditionwithin such period as may be specified in the notice. ‘
(3) If such person'fails. to the satist‘actioa oftbe DivisionalCahalOfficer, to restore the water course or field channel to its origin»?condition within the period specified in the-notice-served on him undersub—secti’on (2), the Divisional Canal Officer may‘cause the water courseor field channel to be restored to its original condition and recoverthe cost incurred in respect of such: restorationfrom the defaultingperson.
(4) Any p'etrson aggrieved by the order of the Divisional CamiOfiicer may prefer an appeal, within thirty days-of the passing ofsueh‘:order, to the Superintending Canal Officer, whose decision on suchappeal shall be final. ~
20. (1) If any person who is jointly responsible withoythe R):the maintenance of a watet course or field channel, or jointlymgiinguse of a water course with others, neglects or refuses: to: payhfishare of' the maintenanee, or to execute his share, of any work fleece?for such maintenance, the Divisional Canal Otficer, on reeeivihg-‘fiufi
ll
application in writing from any person injured by such neglect or re-
fuml, shall serve notice on all the parties concerned that on the
cXpimtion of fifteen days from the service he shall investigate the case,
and shall, on the expiration of that period, inVestigate the case accor-
dingly and make such order thereon as he deems fit. V
- (2) Such order shall be appealable to the Superintending Canal
Ollicer, whose otder thereon shall be final. '
(3) Any sum directly by such order shall be paid within a specified
period.
21; (1) Whenever application is made to a Divisional Canal
Officer for supply of water'from irrigation work, and it appears to
him expedient that such supply should be giVen and that it should be
conveyed through some field channel, he shall give notice to the per-
sons responsible for the maintenance of such field channel to show cause,
on aday not. less than fourteen days from the date of such notice, why-
the said ,supply should not be so conveyed, and after making enquiry
on such day, the Divisional Canal Officer shall determine whether and”
.on what conditions the said supply shall be conveyed throngh such
field channel.
Provided that such application is made for lands already included
in the irrigation work. '
(2) Any person, aggrieved‘by the determination of the Divisional,
Canal Officer, may prefer an appeal to the Superintending Canal Officer
within thirty days of such determination. .
(3) When the DivisionalCanal Officer determines that Supply of
water of an irrigation Work may be conveyed through any field channel
as aforesaid, his decision shall, when confirmed or modified by the
Superintending Canal Oflicer on appeal, be binding on the applicant
and also on the persons responsible for the maintenance of the said
field channel,
(4) Such applicant shall not be entitled to the said channeluntil
he has paid the expense of any alteration of such field channel neces-
sary in order to his being supplied through it, and' also such share
of the cost of such field channel as th: Divisional Canal Ofi’icer or,
as the case may be, Superintending Canal Officer may determine.
, ('5) Such applicant sha’l’also be liable for his share of the cost
maintenance of such field channel so long as he uses it.
22- (1) Any P350n desfi'ing that a field channel should be trans-
ferred from its present owner to himself may apply in writing to the
Canal Oflicer, stating— .
(a) that he has eudeavaured unsuccessfully to procure such transfer
from the ownerbf such field channel;
(b) that 'hedesires the said canal ofiicer, in his behalf and at
' his east, to do all things. necessary for procuring such tra‘néfe’r’;
(c) that he is 'able to defray the cost ot' such. transter.
Application
for supply of
water and
dispoasal
thereof.
Transfen, of
field channel
a condition
themo‘f.
Objection to
trans fer &
disposal
thereof.
Intimation of
transfer.
Disposal of
objection and
intimation
thereof.
Final autho—
rity for
disoosal of
objections._
Gm
hmubc
pail?
tam
12
(2) If the Divisional Canal Ofl‘icer considers—
(a) that thesaid ti-ansfer is necessary for the bettet manage bitof the irrigation from such field channel, and
(b) that the statements in the application are true. The Canal
Oflicer on receipt of such an application, shall call upon the
applicant to make such deposit as he considers necessary to
defray the cost of the preliminary proceedings, and the amount
of any compensation that may become due under the pro—
visions of section 27 in respect of Such transfer, and upon
such deposit being made, he shall publish a notice of the
application in every village, and shall send a copy.of the
notice to the Collector of every district through which such
field channel pasSes. '
23. (1) Within twenty one days _of the publication of anotice
under section 22, any person interested in the field channel to which
the notice refers may apply to the Divisional Canal Officer by petition
stating his objections to- the transfer for which application has been
made.
(2) The Divisional Canal Oflicer may either reject the petition
or may proceed to enquire into the validity of the objections, givmg
previous notice to persons concerned stating the place and time at
Which such enquiry will be held.
Provided that such notice shall also be given to the Collector
of the district through Whose jurisdiction the field channel passes.
”(3) The Divisional Canal Officer shall record in writing all
orders passed by him under this section and the grounds thereof.
24. If he Such objection 'is made, or where such objection is
made and the Divisional Canal Otficer overrules it, he shall intimate
the Collector to that effect, and shall transfer the field channel from
the present owner to the applicant. ' ~
25. IF the Divisional Canal Ofiicer considers any objection made
aS'aforesaid to be valid he shall inform the Collector accordingly.
26. '(1) If the Collector disagrees with the Divisional Canal
Officer, the matter shall be referred for decision to the Superintending
Canal Officer. ‘ '
, (2) The decision of the .Superintending Canal Ofiicer shall be
final and the Divisional Canal Officer, if he is so directed by such
decision. shall subject to the provisions of Section 27, 'cause the transfer
of the field channel from the present OWner to'the applicant.
27. (1') No such decision 'shall be made by the Divisional
Canal Officer until the applicant has paid to the person such amount
as the Divisional Canal Oflicer determines to be paid as compensation
L; field channel 50 transferred, together with all expenSes incidental
to such transfer; '
13
(2) In determining the compensation to he paid under this
Zscction, the Divisional Canal Officer shall follow the provisions of
.Ihc Land~Acquisiti0n Act. 189-4 .(Act 1. of 1:294) but he may, if
ithe person to be'compensated so desiree, award such eumpensation M
the form of a rent 'charge payable in respect _of the field channel
transferred. ' , ‘ i _ ' " . 1
. t3) Anyfperso‘ngaggrieved by the order oF_the Divisional Canal
Officer regarding compensation. may prefer an appeal to the Superin-
tending Canal Officer Within thirt'y‘days of the order. -'lhe order of
the Superintending Canal Ofiicer on such appeal shall be final.
. 28. (1) When afield chartnel‘is traneferredv to the applicant,
the following rules and conditions shall be binding on him and his
representative in interest, namely: '
.. , (:1) All" works neCessa ry for the pass get across such field ‘citannel,
. existing .pl‘CVlO‘uS to its censurction and o‘Ftlte draii age intel-
cepted l'y it, and fat affording proper conrn'unications"th‘Oés
it for the comen'tence of the ne'gl’boming vlardx shall be
'I' constricted by the applicant, and be maintained by him or
~ his» representativc-in-intetest to. the satisfzction of the Divi-ional
Canal OfiiCer. v ’
7» (b) In case in VthiCh a field. channel 'is transferred on the terms
'5‘ of a rent charge, the applicant or his»representative-in-interest
HUM". - ‘Ushall so» long as he occupies such field channel, pay 'rent for
'- the same at. such rate and on such days as are determined
by the Divisional Canal Officer “hen the applicant is placed
. in'occupation. ‘ .
’ ' (c) The Divisional Canal Officer may,- on. the application'uf the
person- entitled to‘ receive such rent or compet-sation, deter-
mihe the amount of rent .dhe tlhr assess the amOunt of such
., compensation. " ‘ " 5 V .'
" Q2)” If any field channel transferred under this A-t is dismsed
for three years continuously, the riéht’ of the applicant or of his repre~
sentative in interest, to occupy such field channel shall cease abselutely.
”Y 29.- (1) Whenever vit' apgears expedient to the l‘iviséonal Canal
Oflicer either on his own motion or on. the appEiCation of an owner
_or occupier. that‘with a view to utilising irrigation potential created
'by' anvirrigation .WOrk, field channels Should be comtructed in any
area, he may._cause .to be served on the owner or occapier concerned
a notice in. the ptesc'ribed form centainihg the exact location of sluices
'or outlets on the irrigation works, and bpecifyi'ng the area ofirrigable
land to be setv‘edby the sameflajhd direct them to construct Such field
channels at their own cost withhi‘a specified time which shall not be more
”than six pmonths. from the datebl‘ issue of. the'notice. '
.‘ 1(2)? 1f. the owner or: occupier fails to construct the field channels
“in his land as directed by the Divisional,.Canal Officer within the
time prescribed under sub-secti-on 11), 'the Divisional Canal Otficer
may, after giving the owner or occupier a reasonable opportunity
_ of being heard, make an. orde: excluding such land from the cultu'rable
command area} .. " ' ‘ i ‘
Obligations
& liabilities
of the trans-
feree.
Power to re-
quire cons-
truction of
field channels
8: Procedure
thereof.
'Owner’s duty
to maintain
field channel.
Acquisition
of Canal then
disputed .
Prohi bition
of diversion.
Preparation
of scheme for
qn farm De
yelotvmerv.
l4
(3) Any person aggrieved by an Order of the Divisional Cane?!Officer under spb-section (2) may, within a period of" thirty daysfrom the date on which the Order was served- on him, appelfiagainst such order by the Superintending Canal Ofiice'r ;' 5
Provided that the Superintending Canal Ofiier may) admit 5i:appeal presented after the eXpiry of the period of thirty days, ifhe is satisfied that the applicant "had a sufficient cause for no}.presenting the appeal within the said .period. - -
(4) 1n disposing of an appeal, the Superintending Canal Offiéefcmay after giving the applicant a reasonable ot‘ponunity of beingheard, pass such order on‘ the appeal as' he deems fit. The orderof the Superintending Canal Officer on 'such ap'pealshall be final:
(5) The Divisional Canal Officer may co‘nstructth’e field channelsat the cost of the State Government and recover the cost pro—ratefrom the owners or occupiers.
_ 30, (l) It Shall be the duty of owners or occupiers to maintainthe field. channels in a proper state of repairs at their own cost.
(2) If the Divisional Fanal Officer is satisfied that. any fieldchannel is not being properly maintained, he shall after pgdvidingan opportunity to the owner or occupier Concerned to take suchaction as may _be directed by him, proceed to hazzesuch repairsmade as he may consider to be suitable at the cost of the oymersor occupiers. .
31. (1) When there is any dispute between the owners or occupiersfor the construction 'of a field channel’, the Divisional Canal Olfice:shall acquire the’land required for such _constructi0n.
(2) The provisions relatingto acquisition of land for the constructiqnof water courses mentioned in section 15 shall apply for acquisitionof land for the construction of field cl‘annels with the modificationthat the compensation payable. shall be paid by the cwners enocct‘tpiets.
32. No land acquired under this Act fer the eonstructi'on of Waitercourses and field ‘channels shall be used for any other putpose‘ with-out the orde‘r of the Divisioual Canal Ofiice'r. _ ,.
33. (l) Notwithstanding‘anything contained to the contraryv'il'nthis Act and subject to the rules. that may be made by the StateGovernment in this behalf an authority specified by the State Govae-ment for the purpose may, on his. own motion-o; on the applicatiéhof not less than fifty percent of the owners _or occupiers'hf 13minin the cultivable commanded area, pr; ’““,ed a draftscheme t-o prei'aridefor on farm deve.10pment on a groufipg’; block of fields. _
(2) Every scheme prepared under the Subsection“) shill aimiitigother matters, set out the cost of the farm on‘~"déi‘eto;>mfen£ wcth‘.a sketch plan of the area proposed to be covetedbythesaidchetgeand particulars of the miners or occupiers to be benefited by 13.579said scheme. ‘- . ,(3) Every scheme shall, as soon as may be after its preparatib‘n,be published in such form and manner as may be prescribed’imi’tmgobjections and suggestions with respect thereof within twenty one dayscf the publication.
  
t
15'
(4) After consideration of such objections and suggestioris, if any,
the specified authority shall approve the scheme either as it was; origi’i-
nully published or in such modified fbrm as he may consider. fit" and-
pub ish the same. ‘
(5) An owner or occupier aggrieved by the order of the sbeeifi’ed
authority in respect Of a scheme, Which has not been appro'yed, may
prefer an appeal, within thirty days of the passing of the order to Such ~
nl'llcer specified as the appellate authority by the State Government in
this behalf whose decision shall be final.
(6) After a scheme has been approved by the Specified authority I
under sub-section (4) or. where an appeal is, pending before the app‘eltate
authority under sub-section (5), after it has been disposed of byihiifi‘
the scheme shall be published in such manner as may be presetibed anl.
upon such publication, it shall be executed or not executed by the
owners or occuoirrs in the group or block of fields at their cos't,
within such period of time as may be specified by the specified
u uthority. . v .
(7) lathe event of the failiite of any or all of the said ownets or'
occupiers to execute the works within the said period of time Specified
by the Specified authority or in_the event of any or all the owners
01' occupiers informing in' writing the. specified authority .prior to the
expiry of the said period of time that they are unable to excctite or get
executed the Works as required, the works may be carried out by. the State
Government or by an agen’cyfdeteimin-ed by the State Government in that
behalf, and the cost of the works so executed 'by the State Government:
or by the said agency, as the case may be, shall be recoverableby .thé
State Government or the said agenCy, as the case may be, from the
owners or oecupiers who fail, or indicate their inability to execute 6‘:
get executed'the Works as required. -
[8) The share of the individual owners or occupiers of the cost ofthe
work executed in the said group or block of fields by the State Govern-
ment or by the said agency, as the case may be, shall be as determined
by the State Government or by the said agency, as the case may ‘be.
34. Notwithstanding anything contained in this act of any other
law for the time being in force, no civrl court shall have jurisdiction to
entertain or decide any question relating to matters falling Within this
chapter. ‘ '
CHAPTER" 1v .
REGULATION OF IRRIGATION- SUPPLIES
35. The provisions of this Chapter shall apply in respect of watét'
from an irrigation works supplied under sections 31, 38 8t 43.
36. Water from an irrigation work may be supplied—
(a) as provided in section 37 3 .
(b) oh an application for irrigation or non—irrigatlon purposes
as provided in section 38 ; or
(c) under ,a scheme in accordance with the provisions bf
section 43,,
Barring insis-
dtction of
Civil Conn.
A eplimfimat the shegt'e'r,
Power to
regulate
ii‘ftg anon
work.
Apglica-tion
tor supply
of water;
lo_
37, «A 'DivisiOnal Canal Officer duly. empowered by the StateGovernment bya notifieation in respect of any irrigatiOn work orclass of irrigation works may, after such inquiry as he deems fit, regulateEin respect of any irrigation work fereach year or part thereof or for aspecified term of years at a time, as circumstances may 'require —- ' ‘ -(i) th: time for'lettin; out w Lter for irrigation.(ii) the perZoI of surply 5
(iii) tfze quantity ofSJpplj ; and(iv) the areas to’te supplied a'; difl‘erent'times.Erplanan‘on .-—-A land shall be deemed to have been supplied withwater notwithstanding that the Water is not utilised for irrigation pro-vided that sitchnon-utilisation is duesolely to the action or inactionon the part of the owners or 03cupiers interested i-ntsuch land; *'38. (1) Any person, desiringvto have supply of water froman irrigation work for irrigating land not included in any area towhich supply of water is regulated ,under section 37, shall'makea written application to that effect to the Divisional CanalOFficer,subject to any general o‘r special order made by the State Governmentdetermining the extent of lands for which water cah be ‘made availablefrom suCh irrigation work, such ofiicer may. if in histopinion such'supply can be made without detriment to the supply of Water tolands included in any areas to which supply of water is regulatedunder section 37, order the supply of water and. for' such period notexceeding six years subject to such conditions as may be specifiedin such order. . 4 ' '(2) If after a period of six shecessive years of supply of water.made to any land referred to in sub-section (l), the occupier ofsuch land applies ' for the Supply of water being made permanentsuch application, with the Opinion of the DivisionalpCanal Officer,ishalt be forwarded to the Superintending Canal Ofiicer concerned whoshall take steps to include the land in the area to which supply ofwater is regulate by section 3-7.
' - (3) The water‘rate leviable t‘or the use of water For temporary culti-vation under subsection“) shall. be the normal water rate. -(4) With the sanction ot‘and subject to Such conditions, paymentsand'i'e'strictions, as may be imp tsed by the State Government or suchofiicer as may be authorised by the State Government in this behalf,the divisional canal o‘ficer‘ may withgut detriment to the supply ofwater to lands included in any area to which supply of water isregulated unter section 37, giv: permiS'sion' For water to be taken from- an irr‘gntion work, For purPOSes other than those of agriculture.(5_ If any perSOn ruses water tram an irrigation work withoutobtaining the permission required under this section, he shall in.addition to any penalty he may insure under this act for suchunauthorited use of water, be liable to pay water late at such rate as mabe determined by the prescribed officer. not being less thanten tl'nes and not exceeding thirty times the nnrmalrate he wouldotherwise have been required to pay, had he applied for and obtainedthe permission.
i7
39. (I ) The supply of waterto any water course or field channel or Conditions
to tiny person 'who is entitled to such supply shall not be stopped, except,-- for stop-
(a) wheneyer and no long as it is necessary to stop such supply
for the purpose of matntenance of an igrigation Work or execu-
tion of any work ordered by the competent authority.
(b) whenever and so long as any field channel by which such
supply is received is not maintained in such repair as to
prevent the wasteful escapeof water thereof;
(0) whenever and so tong as it is necessary to do so in order
to supply in rotation thelegitimate demands of other persons
emitted to “ater;
(d) whenever: and so long as it may be necessary to do so in
order to prevent the wastage or misuse of water;
- (c) within the periods fixed from time to time by the Divisional
Canal Othcer of which due notice shall be giyen;
(f) whenever there is diminution in the supply of water iii the
irrigation work due to any natural or seasonal causes and so
long as it is necessary to do so.
(3) for any reasons beyond the control of the Divisional Canal
Ofiicer. ' .
(h) His claim shall be male against the State Government for
compensation in respect of .loss. caused by the failure or
steppage .of Water 'from an irrigation work ';
Provided that the person suffering such 1 vss may cEaim such remis-
sion of the charges payable for the use of the water as is specified by the
State Government.
40. '0) Except with the permission of the Superintend'ng C8121]
Othcer no person entitled to use the water of any irrigation work shall
sell or sub-let or otherwise transfer his right to such use it for un-
authorised purposes.
Provides that no permission shall be necessary for use of water for
authorised purposes by 'a cu‘tiv-ating tenant of water supplied by the
owner ofafisld channel fortne irrigatzon of the land held by SuCh
tenant. '
(2) Every right to the Sugply of water for agricultural purposes
to any [and or Other immovable prOperty shalt be attached thereto and
shall be presummed to have been so transferred whenever a transfer of
such )and or immovable property takes place.
41. When water from an irrigation work is supplied for the irriga-
tion of one or more crops only, the right to use such water shat] be
deemed to continue only until such crop or crops shall come into
maturity, amt to appty onty to such crop or crops.
ping supply
Transf. r o:‘
right of
water.
Reszr etio-
to s It; ply of
watn.
Declaration
f

Excerpt shown. Open the full act in Lexace.

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