The rajasthan irrigation and drainage act, 1954

The Rajasthan Irrigation and Drainage Act, 1954 
(Act No. XXI of 1954) 
(Received the assent of the President on the 6th day of November, 1954) 
An 
Act 
to regulate irrigation and drainage in Rajasthan. 
Be it enacted by the Rajasthan State Legislature as follows: 
1. Short title and extent. ̶ (1) This Act may be called the Rajasthan 
Irrigation and Drainage Act, 1954. 
 
(2) It extends to the whole of Rajasthan. 
2. Commencement. ̶ It shall come into force on such date and in such areas as  the State 
Government may by notification in the Rajasthan Gazette, specify from time to time. 
3. Interpretation. ̶ (1) In this Act, unless the context otherwise requires, 
 
(i) "Irrigation Officer" means an Officer appointed under  this Act to exercise control or 
jurisdiction over an irrigation or drainage work or works; 
 
"Superintending Irrigation Officer" means an officer appointed under this Act to exercise 
control over irrigation and drainage works in a circle constituted under section 4; 
 
"Divisional Irrigation Officer" means an O fficer appointed under this Act to exercise 
control over irrigation and drainage works in a division constituted under section 4; 
 
"Sub ̶ Divisional Irrigation Officer" means an Officer appointed under this Act to 
exercise control over all irrigation and drainage works in a sub division constituted 
under section 4; 
 
(ii) "Irrigation works" means a work or system of works, natural or artificial, not being a 
minor irrigation work as defined in section 2 of the Rajasthan Minor Irrigation Works 
Act, 1953, and includes ̶ 
(a) any canal, channel, pipe or reservoir constructed, maintained or controlled by 
the State Government for the supply or storage of water, 
(b) any work, embankment, structure or supply and escape  ̶ channel connected 
with such canal, channel, pipe or reservoir, 
(c) any water course, any part of a river, stream, lake or natural collection of water 
or natural drainage channel to which the State Government applies the 
provisions of Part II of this Act; 
(iii) "drainage work" includes escape  ̶ channels from a canal, dams, weirs, 
embankments, sluices, groins and other works for the protection of lands from flood 
or from erosion, but does not include works for the removal of sewage from towns; 
(iv) "water course" means any channel, not maintained at the cost of Government, 
which is supplied with water from a canal, channel, pipe or reservoir and includes any 
subsidiary work belonging to such channel; 
 
(v) "Outlet" means an opening constructed in a canal through which water passes into 
a water course or directly on to any land. 
 
(2) The provision of the General Clauses Act, 1897, of the Central Legislature, shall mutatis 
mutandis apply, so far as may be, to this Act in the same manner  as they apply to a Central 
Act. 
 
4. Territorial divisions and appointment of officers. ̶(1) For the purposes of this Act ̶ 
(i) the territories of the whole State shall consist of such number of circles, 
(ii) every circle shall consist of such number of divisions, and 
(iii) each division shall consist of such number of subdivisions, 
as the State Government may, from  time to time, determine and notify in the  
Rajasthan Gazette; and all circles, divisions and sub ̶ divisions existing on t he  date on which 
this Act comes into force shall be deemed to be circles, divisions and sub  ̶ divisions 
constituted and notified under this section. 
 
(2) The State Government may, by notification in the Rajasthan Gazette ̶ 
(a) create new, or abolish existing, circles, divisions and sub-divisions, or 
(b) Define or alter the limits of any of them. 
(3) The State Government may, from time to time, by notification in  
    the Rajasthan Gazette, appoint ̶ 
(i) an officer to exercise general control over all irrigation and drainage works 
throughout Rajasthan, and 
(ii) Such other officers as it considers necessary to exercise control over irrigation and 
drainage works in a circle or a division or a sub ̶ division constituted under sub ̶ section 
(1). 
(4) The state Government may, from time to time, declare by notification in the 
Rajasthan Gazette, the officers by whom and the local limits within which  all or any of the 
powers or duties hereinafter conferred or imposed shall be exercised or performed. 
(5) All officers mentioned in clause (i) of sub  ̶ section (1) of section 3 shall  be respectively 
subject to the orders of such officers as the State Government from time to time directs. 
 
PART II 
Of the Application of Water for Public Purposes 
5. Notification to issue when water supply is to be applied for public  purposes. ̶ 
Whenever it appears expedient to the State Government that the Water of any river or 
stream flowing in a natural channel, or of any lake or other natural collection of still water 
should be applied or used by the State Government for the purpose of any existing or 
projected irrigation or drainage work, the State Government may, by notification in  the 
Rajasthan Gazette declare that the said water will be so applied or used after a day to be 
named in the said notification not being earlier than three months from the date thereof. 
6. Powers of irrigation officers-At any time after the day so named any  irrigation 
officer, acting under the orders of the State Government in this behalf, may enter on any land 
or remove any obstructions and may close any channels, and do any other thing necessary 
for such application or use of the said water. 
 
7. Notice inviting claims for compensation. ̶ As soon as is practicable after the issue of such 
notification, the Collector shall cause public notice to be given at convenient places, stating 
that the State Government intends to apply or use the said water as aforesaid, and that 
claims for compensation in respect of the matters mentioned in section 8 may be made 
before him. 
 
8. Matter for which compensation shall not be or may be awarded.  ̶ (1) No compensation 
shall be awarded for any damage caused by ̶ 
(a) stoppage or diminution of percolation or floods; 
(b) deterioration of climate or soil; 
(c) stoppage of navigation, or of the means of drifting timber or watering cattle; 
(d) displacement of  labour; 
But compensation may be awarded in respect of any of the following matters: ̶ 
(e) stoppage or diminution of supply of  water through any natural channel to any 
defined artificial channel, whether above or, underground, in use at the date of the 
said notification; 
(f) stoppage or diminution of supply of water to any work erected for purposes of 
profit on any channel, whether natural or artificial, in use at the date of the said 
notification; 
(g) stoppage or diminution of supply of water through any natural channel which has 
been used for the purposes of irrigation within the five years next before  the date of 
the said notification; 
(h) damage done in respect of any right to a water course or the use of any water to 
which any person is entitled under Part IV of the Indian Limitation Act, 1908 or under 
the Indian Easements Act, 1882 of the Central Legislature as adapted to Rajasthan; 
(i) any other substantial damage not falling under any of the above clauses (a), (b),(c) or 
(d) and caused by the exercise of the powers conferred by this Act, which is capable of 
being ascertained and estimated at the time of awarding such compensation. 
(2) In determining the amount of such compensation, regard shall be had to the  
     diminution in the market value, at the time of awarding compensation, of the  
     property in respect of which compensation is claimed and whe re such market  
     value is not ascertainable, the amount shall be reckoned at twelve times the  
     amount of the diminution of the annual net profits of such property caused by  
     the exercise of the powers conferred by this Act. 
(3) No right to any such supply of water as is referred to in clauses (e), (f) and 
(g) Of sub-section (1), in respect of a work or channel not in use at the date of  the 
notification, shall be acquired as against the State Government except by grant or under 
Part IV of the Indian Limitation Act, 1908, or under the Indian Easements Act, 1882 of the 
Central Legislature as adapted to Rajasthan. 
 
(4) No right to any of the advantages referred to in clauses (a), (b) and (c) of  sub ̶ section 
(1) shall be acquired, as against the State Government under Part IV of the Indian Limitation 
Act, 1908 or under the Indian Easements Act, 1882 of the Central Legislature as adapted to 
Rajasthan. 
 
 
 
9. Limitation of claims . ̶ No claim for compensation for any such stoppage, diminution or 
damage shall be made after the expiration of one year from such stoppage, diminution or 
damage, unless the Collector is satisfied that the claimant had sufficient cause for not 
making the claim within such period. 
10. Enquiry into claims and amount of compensation. ̶ (1) The Collector shall proceed to 
enquire into any such claim and to determine the amount of compensation, if any, which 
should be given to the claimant. 
(2) Except as otherwise provided in this Act, the provisions of the law relating to compulsory 
acquisition of land in force at the time when any inquiry under sub  ̶ section (1) is made shall 
apply to every such inquiry. 
11. Abatement of rent on interruption of water supply.  ̶ Every tenant holding under an 
unexpired lease, or having a right of occupancy, who is in occupation of any land at the time 
when any stoppage or diminution of water supply,  in Respect of which compensation is 
allowed under section 8, takes place, may claim an abatement of the rent previously 
payable by him for the said land, on the ground that the interruption reduces the value of 
the holding. 
12. Enhancement of rent on  restoration of water supply. ̶ (1) If a water supply increasing 
the value of such holding is afterwards restored to the said land, the rent  of the tenant may 
be enhanced in respect of the increased value of such land due to the restored water supply, 
to an amount not exceeding that at which it stood immediately before the abatement. 
(2) Such enhancement shall be on account only of the restored water supply and shall not 
affect the liability of the tenant to enhancement of rent on any other ground. 
 
13. Compensation when due. ̶ (1) all sums of money payable for compensation under this 
part shall become due three months after the claim for such compensation is made in 
respect of the stoppage, diminution or damage complained of. 
(2) Simple interest at the rate of six per cent per annum shall be allowed on any such sum 
remaining unpaid after the said three months except where the nonpayment of such sum is 
caused by the willful neglect or refusal of the claimant to receive the same. 
 
Part III 
On the Construction and Maintenance of Works 
14. Power to enter etc. ̶ (1) Any irrigation officer or other person acting under the general or 
special order of an irrigation officer, may enter upon any lands adjacent to any irrigation 
work, or on or through which an irrigation work is proposed to be made and undertake 
surveys or levels thereon; and dig and bore into  the sub ̶ soil; and make and set up 
suitable land marks, level marks of water gauges, and do all other acts necessary for the 
proper prosecution of any enquiry relating to any existing or projected work under the 
charge of the said irrigation officer. 
 
(2) Where such inquiry ca nnot otherwise be completed, such officer or other person may 
for reasons to be recorded in writing cut down and clear away any part of any standing crop, 
fence or jungle. 
(3) Such officer or person may also enter upon any land, building or water course on 
account of which any water rate is chargeable for the purpose of inspecting or regulating 
the use of the water supplied, or of measuring the lands irrigated thereby or chargeable 
with a water rate, and of doing all thing necessary for the proper regulation an d 
management of such irrigation work. 
(4) If such officer or person proposes to enter into any building or enclosed court or garden 
attached to a dwelling house not supplied with water flowing from  any irrigation work, he 
shall previously give the occupier of such building; court or garden at least seven days notice 
in writing of his intention to do so. 
 
(5) In every case of entry under this section the irrigation officer shall, at the time of such 
entry, tender compensation for any damage which may be occasioned by any proceeding 
under this section and in case of dispute as to the sufficiency of the amount so tendered, he 
shall forthwith refer the same for decision by the Collector; and such decision shall be final. 
 
15. Power to enter for repairs and prevent accidents. ̶ (1) In case of any accident 
happening or being apprehended to an irrigation work any divisional  irrigation officer or any 
person acting under his general or special orders in this behalf  may enter upon any lands 
adjacent to such irrigation work, and may execute all works which may be necessary for 
the purpose of repairing or preventing such accident. 
 
(2) In every such case such irrigation officer or person shall tender compensation to the 
proprietors or occupiers of the said lands for all d amage done to the same. If such tender is 
not accepted, the irrigation officer shall refer the matter to the Collector who shall proceed 
to award compensation for the damage. 
 
16. Application by persons desiring to use water.  ̶  (1) Any person desiring to use the 
water of any irrigation work  may apply in  writing to the divisional or sub  ̶ divisional 
irrigation officer requesting him to construct or improve a water course at the cost of the 
applicant. 
 
(2) The application shall state the works to be undertaken, thei r approximate estimated 
cost, or the amount which the applicants are willing to pay for the same, or whether they 
engage to pay the actual cost as settled by the Divisional Irrigation Officer, and how the 
payment is to be made. 
 
(3) When the assent of the Superintending Irrigation Officer is given to such application, all 
the applicants shall, after the application has been duly attested before the Collector, be 
jointly and severally liable for the cost of such works to the extent mentioned therein. 
(4) Any amo unt becoming due under the terms of such application and not paid to  the 
divisional irrigation officer, or the person authorized by him to receive the same, on or 
before the date on which it becomes due, shall on the demand of such officer, be 
recoverable by the Collector, as if it were an arrear of land revenue. 
17. Government to provide means of crossing irrigation works. ̶ (1) There shall be  
provided, at the cost of Government, suitable means of crossing Irrigation works 
constructed or maintained at the cost of Government at such places as the State 
Government think necessary for the reasonable convenience of the inhabitants of the 
adjacent lands. 
 
(2) On receiving a statement in writing, signed by not less than five of the owners of such 
lands, to the effect that suitable crossings have not been  provided on any irrigation work, 
the Collector shall cause enquiry to be made into the circumstances of the case, and, if he 
thinks that the statement is established, he shall report his opinion thereon for the 
consideration of the State Government and the State Government shall cause such 
measures in reference thereto to be taken as it thinks proper. 
 
 
18. Persons using water course to construct works passing water across roads etc . ̶ (1) The 
Divisional Irrigation Officer may issue an order to the persons  using any water course to 
construct suitable bridges, culverts, or other works for the passage of the water of such 
water course across any public road, irrigation  work or drainage channel in use before the 
said water course was made, or to repair any such works. 
(2) Such order shall specify a reasonable period within which such construction or repair 
shall be comp leted; and if, after  the receipt of such order the persons to whom it is 
addressed do not within the said period, construct or repair such works to the satisfaction of 
the said irrigation officer, he may, with the previous approval of the superintending 
irrigation officer, himself construct or repair the same, and if the said persons do not when 
so required, pay the cost of such construction or repairs as declared by the divisional 
irrigation officer, the amount shall, on the demand of the divisional irriga tion officer, be 
recoverable from them by the Collector, as if it were an arrear of land revenue. 
 
19. Adjustment of claims between persons jointly using water course. ̶ (1) If any person, 
jointly responsible with others for the construction or maintenance of a water course or 
jointly making use of a water course with others, neglects or refuses to pay his share of the 
cost of such construction or maintenance or to execute his share of any work necessary for 
such construction or maintenance, the  Divisional or Sub ̶ Divisional Irrigation Officer, on 
receiving an application in writing from any person injured by such neglect or refusal shall 
serve notice on all the  parties concerned that  on the  expiration of a fortnight from  the 
service, he will investigate the case accordingly, and make such order thereon as to him 
seems fit. 
(2) Such order shall be appealable to Commissioner whose order thereon shall be final. 
(3) Any sum directed by such order to be paid within a specified period, may if not paid 
within such period, and if the order remains in force, be recovered by the Collector from the 
person directed to pay the same, as if it were an arrear of land revenue. 
20. Supply of water through intervening water course. ̶ (1) Whenever application is made to 
a Divisional Irrigation Officer for a supply of water from an  irrigation work and it appears to 
him expedient that such supply should be given and that  it should be conveyed through 
some existing water course, he shall give notice to the person responsible for the 
maintenance of such water course to show cause, on a day 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 Irrigation Officer shall determine whether, a nd on what 
condition, the said supply shall be conveyed through such water course. 
(2) When such officer determines that a supply of water from any irrigation work may be 
conveyed through any water course as aforesaid, his decision  shall, when confirmed or 
modified by the superintending irrigation officer, be binding on the applicant and also on the 
persons responsible for the maintenance of the said water course. 
 
(3) Such applicant shall not be entitled to use such water course until he has paid the 
expense of an y alteration of such water course necessary in order to his being supplied 
through it, and also such share of the first cost of such water course as the divisional or 
superintending irrigation officer may determine. 
 
(4) Such applicant shall also be liable for his share of the cost of maintenance of such water 
course so long as he uses it. 
 
21. Application for construction of new water course. ̶ Any person desiring the 
construction of a new water course may apply in writing to the Divisional Irrigation officer 
stating ̶ 
(i) that he has endeavored unsuccessfully to acquire from the owners of the land 
through which he desires such water course to pass, a right to occupy so much of the 
land as will be needed for such water course; 
(ii) that he desires the said irrigation officer, in his behalf and at his cost, to do all things 
necessary for acquiring such right; 
(iii) That he is able to defray all costs involved in acquiring such right and constructing 
such water course. 
22. Procedure of irrigation officer thereupon. ̶ If the Divisional Irrigation Officer considers ̶ 
(1) That the construction of such water course is expedient; and (2) 
that the statements in the application are true; 
He shall call upon the applicant to make such deposit as the Divisional Irrigation 
Officer considers necessary to defray the cost of the preliminary proceedings, and the 
amount of any compensation which he considers likely to become due under section 28, 
and upon such deposit being made, he shall cause enquiry to  be made into the most 
suitable a lignment for the said water course, and shall mark out the land which, in his 
opinion, it will be necessary to occupy for the construction thereof and shall forthwith 
publish a notice in every village  through which the water course is proposed to be taken,  
that so much of such land as belongs to such village has been so marked out. 
 
23. Application for transfer of existing water course. ̶ (1) Any person desiring that an 
existing water course should be transferred from its present owner to himself may apply in 
writing to the Divisional Irrigation Officer, stating ̶ 
 
 
 
(i) that he has endeavored unsuccessfully to procure such transfer from the owner of 
such water course; 
(ii) that he desires the said irrigation officer, in his behalf and at his cost, to do all 
things necessary for procuring such transfer; 
(iii) That he is able to defray the cost of such transfer. 
(2) If the Divisional Irrigation Officer considers ̶ 
(a) That the said transfer is necessary for the better management of irrigation from such 
water course; 
And (b) that the statements in the application are true, 
he shall call upon the applicant to make such deposit as the Divisional Irrigation Officer 
considers necessary to defray the cost of the preliminary proceedings and the amount of 
any compensation that may b ecome due under the provisions of section 28 in respect of 
such transfer; and upon such deposit being made, he shall publish a notice of the application 
in every village. 
24. Objection to construction or transfer applied for. ̶ (1) Within thirty days from  the 
publication of a notice under section 22 or section 23, as the case maybe,  any person 
interested in the land or water course to which the notice, refers,  may apply to the 
Collector by petition, stating his objection to the construction or transfer for  which 
application has been made. 
 
(2) The Collector may either reject the petition or may proceed to inquire into the validity 
of the objection giving previous notice to the Divisional Irrigation Officer of the place and 
time at which such inquiry will be held. 
 
(3) The Collector shall record in writing all orders passed by him under this section and the 
grounds thereof. 
25. When applicant may be placed in occupation. ̶ If no such objection is  made, or 
(where such objection is made) if the Collector over -rules it, he shall give notice to the 
Divisional Irrigation Officer and shall proceed to place the said applicant in occupation of the 
land marked out or of the water course to be transferred as the case may be. 
26. Procedure when objection is held valid. ̶ If the Collector considers any objection 
made as aforesaid to be valid, he shall inform the Divisional Irrigation Officer  accordingly, 
and, if such officer see fit, he may, in the case of an application under section 21, alter 
the boundaries of the land so marked out and may give fresh notice under section 22. 
 
27. Procedure when irrigation officer disagrees with Collector. ̶ If he 
Irrigation officer disagrees with the Collector; the matter shall be  referred to  the 
Commissioner for decision. Such decision shall be final and the Collector, if so directed, shall, 
subject to the provisions of section 28, cause the said  applicant to be placed in occupation 
of the land so marked out or of the water course to be transferred as the case may be. 
 
28. Expenses to be paid by applicant. ̶ (1) No such applicant shall be placed in occupation 
of such land or water course until he has paid to the person named  by the Collector such 
amounts as may be determined to be due as compensation for the land or water course so 
occupied or transferred, and for any damage caused by the marking out of occupation of 
such land, together with all expense incidental to such occupation or transfer. 
 
(2) If such compensation and expenses are not paid when demanded by the person entitled 
to receive the same, the amount may be recovered by the Collector as if it were an arrear of 
land revenue, and shall, when recovered, be paid by him to the person entitled to recei ve 
the same. 
29. Conditions binding on applicant placed in occupation . ̶ (1) When any such applicant is 
placed in occupation of land or of a water course as aforesaid, the following rules and 
conditions shall be binding on him and his representative in interest: ̶ 
(i) All works necessary for the passage across such water course or water courses, 
existing previous to its construction and of the drainage intercepted by it, and for 
affording proper communication across it for the convenience of the neighboring 
lands, shall be constructed by the applicant, and be maintained by him or his 
representative in interest to the satisfaction of the Divisional Irrigation Officer; 
(ii) Land occupied for a water course under the provisions of section 22 shall be used 
only for the purpose of such water course; 
(iii) The proposed water course shall be completed to the satisfaction of the Divisional 
Irrigation Officer within one year after the applicant is placed  in occupation of the 
land; 
In cases in which land is occupied or water course is transferred on the terms of a rent 
charge ̶ 
(iv) The applicant or his representative in interest shall, so long as he occupied such a 
land or water course, pay rent for the same at such rate and on such days as are 
determined by the Collector when the applicant is placed in occupation; 
(v) If the right to occupy the land ceases owing to breach of these rules, the liability to 
pay the said rent shall continue until the applicant or his representative in interest 
has restored the land to its original condition,  or until he has paid, by way of 
compensation for any injury done to the said land, such amount and to such persons 
as the Collector determines; 
(vi) The Collector may, on the application of the person entitled to receive such rent or 
compensation, determine th e amount of rent due or assess the amount of such 
compensation, and if any such rent or compensation be  not paid by the applicant or 
his representative in interest, the Collector  may recover the amount, with interest 
thereon, at the rate of six per cent, p er annum from the date on which it becomes 
due, as if it were an arrear  of land revenue, and shall pay the same, when recovered 
to the person to whom it is due. 
 
(2) If any of the rules and conditions prescribed by this section are not complied with or if 
any water course constructed or transferred under this Act is disused for three years 
continuously, the right of the applicant, or of his representative  in interest, to occupy such 
land or water course shall cease absolutely. 
 
30. Procedure applicable to occupation for extensions and alterations. ̶ The procedure 
hereinbefore provided for the occupation of land for the construction of a water course shall 
be applicable to the occupation of land for any extension or  alteration of a water course, 
and for the deposit of soil from water course clearances. 
 
Part IV 
On the Supply of Water 
31. Water supply to be subject to rules. ̶ In the absence of a written contract, or so far as 
any such contract does not extend, every supply of water from an irrigation work shall be 
deemed to be given at the rates and subject to the conditions prescribed by the rules to be 
made by the State Government in respect thereof. 
 
32. Conditions of water supply. ̶ Such contracts and rules must be consistent with the 
following conditions: ̶ 
(a) The Divisional Irrigation Officer may not stop the supply of water to any water 
course, or to any person, except in the following cases: ̶ 
(i) Whenever and so long as it is necessary to stop such supply for the purpose of 
executing any work ordered by competent au thority and with the previous 
sanction of the State Government; 
(ii) Whenever and so long as any water course is not maintained in  such proper 
customary repair as to prevent the wasteful escape of water therefrom; 
(iii) Within periods fixed from time to time by the Divisional Irrigation Officer. 
(b) No claim shall be made against the State Government for compensation in respect 
of loss caused by the failure or stoppage of the water in an irrigation work by reason 
of any cause beyond the control of the State Government, or  of any repairs, 
alterations or additions to the irrigation work or of any measures taken for regulating 
the proper flow of water therein, or for maintaining the established course of 
irrigation which the Divisional Irrigation Officer considers necessary; but the person 
suffering such loss may claim such remission of the ordinary charges payable for  the 
use of the water as is authorized by the State Government. 
 
(c) If the supply of water to any land irrigated from an irrigation work be interrupted 
otherwise than in the manner described in the last preceding clause, the occupier or 
owner of such land may present a petition for compensation to the Collector for any 
loss arising from such interruption, and the Divisional Irrigation Officer may award to 
the petitioner reasonable compensation for such loss. 
(d) When the water of an irrigation work is supplied for irrigation of a single crop, the 
permission to use such water shall be held to continue only until that crop comes to 
maturity and to apply only to that crop; but if it be supplied for irrigating two or more 
crops to be raised on the same land within the year, such permission shall be held to 
continue for one year from the commencement of the irrigation, and to apply to such 
crops only as are matured within that year. 
(e) Unless with the permission of the Superintending Irrigation Officer, no person 
entitled to use the water of any irrigation work, or any work, building or land 
appertaining to any irrigation work, shall sell or sublet or otherwise transfer his right 
to such use; provided that the former part of this clause shall not apply to the use, by 
a cultivating tenant, of water supplied by the owner of a water course for the 
irrigation of the land held by such tenant. 
But all contracts  made between the State Government and the owner or occupier of any 
immovable property, as to the supply to water of such property, shall be transferred 
therewith, and shall be presumed to have been so transferred whenever a transfer of such 
property takes place. 
(f) No right to the use of the water of an irrigation work shall be, or be deemed to have 
been, acquired under part IV of the Indian Limitation Act, 1908, or under the Indian 
Easements Act, 1882, of the Central Legislature as adapted to Rajasthan; nor shall the 
State Government be bound to supply any person with water except in accordance 
with the terms of a contract in writing. 
Part V 
Of Water Rates 
33. Liability when persons using unauthorized cannot be identified . ̶ If water supplied 
through a water course be used in an unauthorized manner, and if the person by whose act 
or neglect such use has occurred cannot be identified, the person on whose land such water 
has flowed, if such land has derived benefit therefrom, or if such person cannot be 
identified, or if such land h as not derived benefit, therefrom, all the persons chargeable in 
respect of the water supplied through such water  course, shall be liable or jointly liable, as 
the case may be, to the charges made for such use. 
 
34. Liability when water runs to waste. ̶ If water supplied through a watercourse be 
suffered to run to waste, and if, after inquiry by the Divisional Irrigation Officer, the person 
through whose act or neglect such water was suffered to run to waste cannot be discovered, 
all the persons chargeable i n respect of the water supplied through such course, shall be 
jointly liable for the charges made in respect of the water so wasted. 
 
35. Charges recoverable in addition to penalties. ̶ (1) All charges for he  
Unauthorized use or for waste of water may be recovered in addition to any penalties 
incurred on account of such use or waste. 
(2) All questions under section 33 or section 34 shall be decided by the Divisional Irrigation 
Officer subject to an appeal to the Superintending  Irrigation Officer, or such other appeal as 
may be provided under section 60. 
 
 
36. Charge on occupier for water how determined.  ̶ (1) the rates to char ged for water 
supplied for purposes of irrigation to the occupiers of land shall be determined by the rules 
to be made by the State Government and such occupiers as accept the water shall pay for it 
accordingly. 
(2) A rate so charged shall be called the „Occupier's‟ rate. 
 
(3) The rules here in before referred to may prescribe and determine what persons or 
classes of  persons are to be  occupiers for  the purposes of  this section, and may also 
determine the several liabilities, in respect of the payment of the occupier's rate, of tenants 
and of persons to  whom tenants may have their lands, or of proprietors and of persons to 
whom, proprietors may have let the lands held by them in cultivating occupancy. 
37. "Owner's rate". ̶ In addition to the occupier's rate, a rate, to be called the 
„Owner’s rate‟, maybe imposed, according to rules to be made by the State Government, 
on the owners of irrigated lands, in respect of the benefit which they derive from such 
irrigation. 
 
38. Amount of owner's rate.  ̶ The owner's rate shall not exceed the s u m which, under the 
rules for the time being in force for the assessment of land revenue, might be assessed on 
such land, on account of the increase in the annual value  or produce thereof caused by the 
irrigation, and for the purpose of this section only, land which  is held free of revenue, shall 
be considered as though it were temporarily settled and liable to payment of revenue. 
 
39. Owner's rate, when not chargeable.  ̶ No owner's rate shall be chargeable either  on the 
owner or occupier of land temporarily assessed to pay land revenue at irrigation rates during 
the currency of such assessment. 
40. Certified dues recoverable as land revenue. ̶ Subject to the provisions of section 41, any 
sum lawfully due under this part, and certified by the Divisional Irrigation Officer to be so 
due, which remains unpaid after the day on which it becomes due, shall be recoverable by 
the Collector from the person liable for the same as if it were an arrear of land revenue. 
 
41. Lambardars or Patels may be required to collect irrigation dues.  ̶ The Collector may 
require the Lambardar or Patel, if any, of any local area to collect any sums payable under 
this Act in respect of any land or water in such local area, and deposit the amount so 
collected in the State Treasury as directed by  the Collector, and in the event of any person 
failing to pay any sum so required, it shall be recovered from him as an arrear of land 
revenue. 
 
Part VI 
Of Drainage 
42. Power to prohibit obstructions or order their removal . ̶ (1) Whenever it appears to the 
State Government  that injury to any land or the public health or public convenience has 
arisen or may arise from the obstruction of any river, stream or drainage channel, the State 
Government may, by notification published in the  Rajasthan Gazette, prohibit, within limits 
to be defined in such  Notification, the formation of any obstruction or may, within such 
limits, order the removal or other modification of such obstruction. 
(2) Thereupon so much of the said river, stream or drainage channel as is comprised within 
such limits, shall be held to be a drainage work as defined in section 3. 
 
 
 
43. Power to remove obstructions after prohibition. ̶ (1) The Divisional Irrigation Officer, or 
other person authorized by the State Government in that behalf, may, after such 
publication, issue an order to the person, causing or having control over any such 
obstruction to remove or modify the same within a time to be fixed in the order. 
(2) If, within the time so fixed, s uch person does not comply with the order, the said 
irrigation officer may himself remove or modify the obstruction and if the person to whom 
the order was issued does not, when called upon, pay the expenses involved in such 
removal or modification, such expenses shall be recoverable by the Collector from him or his 
representative in interest as an arrear of land revenue. 
 
44. Preparation of schemes for works of improvement. ̶ Whenever it appears to the State 
Government that any drainage works are necessary for the improvement of any lands, or for 
the proper cultivation or irrigation thereof, or that protection from floods or other 
accumulations of water, or from erosion by  a river, is required for any lands, the State 
Government may cause a scheme for such drai nage works to be drawn up and published 
together with an estimate of its cost and a statement of the proportion of such cost which 
the State Government proposes to defray and a schedule to the lands which it is proposed 
to make chargeable in respect of the scheme. 
 
45. Power of persons employed on such scheme . ̶ The persons authorized by t h e  State 
Government to draw up such scheme may exercise all or any of the  powers conferred on 
irrigation officers by section 14. 
 
46. Rate of lands benefited by works. ̶ (1) An annual rate, in respect of such scheme, 
may be charged, according to rules to be made by the State Government on the 
owners of all lands which shall, in the manner prescribed by such rules, be determined to be 
so chargeable. 
(2) Such rate  shall be fixed as  nearly as possible  so as not to exceed either of the following 
limits: ̶ 
(i) Six percent, per annum on the first cost of the said works, adding thereto the 
estimated yearly cost of the maintenance and supervision of the same, and deducting 
therefrom the estim ated income, if any, derived from the works, excluding the said 
rate; 
(ii) In the case of agricultural land, the sum which under the rules then enforce for the 
assessment of land revenue might be assessed on such land on account of the 
increase of the annual value or produce thereof caused by the drainage work; 
(iii) Such rate may be varied from time to time within such maximum by the State 
Government; 
(iv) So far as any defect to be remedied is due to any irrigation work, road or other 
work or obstruction, constructed or caused by the State Government or by any 
person, a proportionate share of the cost of the drainage works required for the 
remedy of the said defect shall be borne by the State Government or such person, as 
the case may be. 
47. Recovery of rate. ̶ Any such drainage rate may be collected and recovered  in manner 
provided by sections 40 and 41 for the collection and recovery of water rates. 
 
48. Disposal of claims to compensation.̶ Whenever in pursuance of a 
notification made under section 42 any obstruction is removed or modified, or whenever any 
drainage work is carried out under section 44, all claims for compensation on account of 
any loss consequent on the removal or modification of  the said obstruction or the 
construction of such work, may be made before the Collector and he shall deal with the 
same in the manner provided in section 10. 
 
49. Limitation of such claims. ̶ No such claim shall be entertained after expiration of 
one year from the occurrence of the loss complained of unless the Collector is satisfied 
that the claimant had sufficient cause for not making the claim within such period. 
 
Part VII 
Of Obtaining Labour  for Irrigation and Drainage Works 
50. Power to prescribe number of labourers to be supplied by persons benefited by 
irrigation works. ̶ (1) In any district in which an irrigation of drainage work is constructed, 
maintained or projected by the State Government, the State Government may, if it thinks fit, 
direct the Collector ̶ 
(a) to ascertain the proprietors, sub  ̶ proprietors or farmers,  whose villages or estates 
are or will be, in the judgment of the Collector, benefited by such irrigation or 
drainage work, and 
(b) to set down in a list, having due regard to the circumstances of the 
District and of the several proprietors, sub ̶ proprietors, or farmers he 
Number of labourers which shall be furnished by any of the said persons, jointly  or 
severally, from any such village or estate, for employment on Any such irrigation or 
drainage work when required as hereinafter provided. 
(2) The Collector may, from time to time, add to or alter such list or any part thereof. 
51. Procedure for obtaining labour for works urgently required. – 
(1) Whenever it appears to a Divisional Irrigation Officer duly authorized by the State 
Government that unless some work is immediately executed, such serious damage 
will happen to any irrigation or drainage work as to cause sudden and extensive 
public injury, and that the labour necessary for the proper execution thereof cannot 
be obtained in the ordinary manner within the time that can be allowed for the 
execution of such work so as to prevent such injury,  the said officer may require any 
person named in such list to furnish as many labourers (not exceeding the number 
which according to the said list, he is liable to supply) as to the said officer seem 
necessary for the immediate execution of any work. 
(2) Every requisition so made shall be in writing and shall state ̶ 
(a) the nature and locality of the work to be done. 
(b) the number of labourers to  be supplied by the person upon whom the 
requisition is made, and 
(c) the approximate time for which and the day on which the labourers will be 
required. 
and a copy thereof shall be immediately sent to the Superintending Irrigation Officer for the 
information of the State Government. 
(3) The State Government shall fix, and may from time to time alter the rates to be paid to 
any such labourers; provided that such rates shall exceed the highest rates for th e time 
being paid in the neighborhood for similar works; and in the case of every such labourer, the 
payment shall continue for the whole period during which he is, in consequence of the 
provisions of this part prevented from following his ordinary occupation. 
 
(4) The State  Government may direct that the  provisions of this part shall apply, either 
permanently or temporarily (as the case may be), to any district or part of a district for the 
purpose of effecting necessary annual silt clearances, or to prevent t he proper operation of 
an irrigation or drainage work being stopped or so much interfered with as to stop the 
established course of irrigation or drainage. 
Part VIII 
Of Jurisdiction 
52. Jurisdiction under this Act of Civil Ciurts. ̶ Except where herein otherwise provided all 
claims against the State Government in respect of anything done under this Act may be tried 
by the Civil Courts; but no such court shall in any case pass an order as to the supply of 
water to any crop sown or growing at the time of such order. 
 
53. Settlement of reference as to mutual rights and liabilities of persons interested in 
water course. ̶ (1) Whenever a difference arises between two or more persons in regard to 
their mutual rights or liabilities in respect of the use, construction or maintenance of a water 
course, any such person may apply in writing to the Divisional Irrigation Officer stating the 
matter in dispute; and  such officer shall thereupon give notice to the other persons 
interested that, on a day to be named in such notice, he will proceed to enquire into the said 
matter, and, after such enquiry, he shall pass his order thereon unless he transfers (as he is 
hereby empowered to do) the matter to the Collector who shall thereupon enquire into and 
pass his order on the said matter. 
(2) Such order shall be final as to the use or distribution of water for any  crop sown or 
growing at the time when such order is made and shall thereafter remain in force 
until set aside by the decree of a Civil Court. 
 
54. Power to summon and examine witness. ̶ Any officer empowered under this Act to 
conduct any inquiry may exercise all such powers connected with the summoning and 
examining of witnesses, as are conferred on Civil Courts by the Code of Civil Procedure, and 
every such inquiry shall be deemed a judicial proceeding. 
Part IX 
Of Offenses and Penalties 
55. Offenses under Act . ̶Whoever, without proper authority and voluntari

Excerpt shown. Open the full act in Lexace.

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