The Telangana Irrigation Utilisation and Command Area Development Act, 1984.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA IRRIGATION UTILISATION AND COMMAND
AREA DEVELOPMENT ACT, 1984.
(ACT No. 15 OF 1984.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
Preliminary.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Constitution of Command Area Development Authority,
Appointment of Commissioner, Pipe Committee and
other agencies, etc.
3. Constitution of the Command Area Development
Authority and its functions.
4. Appointment of a Commissioner.
5. Constitution of a Pipe Committee and its functions.
6. Irrigation Officer to carry out works on failure of pipe
committee.
7. Power to constitute Boards, Committees, etc.
CHAPTER-III
Obligations of land holders
8. Obligations of a land holder.
9. Farm management.
10. Safeguarding adjacent holdings.
2 [Act No. 15 of 1984]
CHAPTER-IV
Systematic land development
11. Formation of units.
12. Power of Commissioner to specify command area for
systematic land development.
13. Construction of field channels.
14. Power to enter and survey, etc.
15. Preparation of the scheme for systematic land
development.
16. Implementation of systematic land development
scheme.
17. Acquisition of land for irrigation system under a pipe
outlet.
18. Preparation of records after systematic land
development.
CHAPTER-V
Regulation of Irrigation and equitable water use
management
19. Power of Irrigation Officer to regulate irrigation system.
20. Liability for unlawful use of water when water runs to
waste.
21. Stoppage of water supply.
22. Supply of water for irrigation of one or more crops.
23. Settlement of disputes regarding distribution of water.
CHAPTER-VI
Localisation of command areas and regulation of
cropping pattern therein, etc.
24. Power to specify principles of localisation.
[Act No. 15 of 1984] 3
25. Classification of lands for raising different crops
according to availability of water.
26. Power to prohibit growing of certain kinds of crops and
to regulate the period of sowing and duration of crops.
27. Power to levy and collect road cess.
CHAPTER-VII
Credit Facilities
28. Power to select financing agency.
29. Loans to ineligible and recalcitrant land holders.
30. Creation of charge on land.
31. Alterations of extent of boundaries of mortgaged land
under the scheme for systematic land development.
32. Exemption from certain duties and fees.
33. Registration of document executed on behalf of a
financing agency, etc.
CHAPTER-VIII
Offences and penalties
34. Penalties.
35. Abetment of offences.
36. Punishment under other laws not barred.
37. Summary disposal of cases.
38. Power to remove and take into custody person
obstructing.
39. Payment of reward to informants.
40. Composition of offences.
4 [Act No. 15 of 1984]
CHAPTER-IX
Miscellaneous
41. Obligation of land holders of land adjacent to notified
command area.
42. Recovery of dues as arrears of land revenue.
43. Bar of jurisdiction of Civil Courts.
44. Power to summon and examine witnesses.
45. Revision by the Commissioner.
46. Power of Revision by Government.
47. Power to make rules.
48. Act to override other laws.
49. Power to remove difficulties.
50. Savings in respect of Adhoc-Command Area
Development Authority.
51. Repeal of Ordinance 32 of 1983.
THE TELANGANA IRRIGATION UTILISATION AND
COMMAND AREA DEVELOPMENT ACT, 1984.1
ACT No.15 OF 1984.
CHAPTER I
Preliminary
1. (1) This Act may be called the 2Telangana Irrigation
Utilisation and Command Area Development Act, 1984.
(2) It extends to the whole of the State of 2Telangana.
(3) All the provisions of this Act shall be deemed to have
come into force on the 14th January, 1984 in respect of the
following command areas namely:-
(1) the Nagarjunasagar Project Left Canal;
(2) the Nagarjunasagar Project Right Canal;
(3) the Sriramsagar Project;
(4) the Tungabhadra Project; and
they shall come into force in respect of other areas on such
date as the Government may, by notification appoint; and
they may appoint different dates for different areas and for
different provisions of this Act.
1. The Andhra Pradesh Irrigation Utilisation and Command Area
Development Act, 1984 received the assent of the President on the 21 st
March, 1984. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order , 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
2 [Act No.15 of 1984]
2. In this Act, unless the context otherwise requires:-
(1) “command area” means an area irrigated or capable
of being irrigated either by gravitational flow or by lift
irrigation or by any other method, under an irrigation
system, project or source and includes every such area
whether it is called “ayacut” o r by any other local n ame in
any law in force in the State;
(2) “command area development authority” means an
authority constituted under section 3;
(3) “Command Area Development Work” means any
work undertaken under this Act;
(4) “Commissioner” means the Commissioner of
command area development for the State appointed under
section 4 and includes such other person in whom all or any
of the power of the Commissioner under this Act are
conferred by the Government in respect of one or more
command areas;
(5) “comprehensive command area development ”
includes–
(a) systematic land development for conservation of
land and water;
(b) water use management for optimum use of water ,
including irrigation by turns, volumetric measurement of
water and other enabling measures to avoid waste, water
logging, salinity, alkalinity and the like;
(c) conjunctive use of surface and ground water for
multiple cropping and proper utilisati on of available water
resources;
Definitions.
[Act No.15 of 1984] 3
(d) modernisation and remodelling of existing
irrigation systems for optimum use of water and land
resources; and
(e) regulation , maintenance and repairs of irrigation
systems;
(6) “credit officer ” means an officer of the co -operative
department appointed as such by the Government for the
purpose of securing finance for the systematic land
development, agricultural operations and other allied
activities;
(7) “distribution system” includes–
(a) all main canals, branch canals, distributaries and
minor canals constructed for the supply and distr ibution of
water for irrigation;
(b) all works, structures and appliances connected
with the distribution of water for irrigation;
(c) all field chann els and farm channels and related
structures under a pipe outlet;
(8) “District Collector” means the Collector of a district in
which the command area is situated and includes the
Administrator of a Command Area Development Authority, if
any, and any officer specially appointed by the Government
for performing all or any of the functions of the District
Collector under this Act;
(9) “drainage system” includes–
(a) channels either natural or artificial, for the
discharge of waste or surplus water and all works
connected therewith or ancillary thereto;
4 [Act No.15 of 1984]
(b) escape channels from an irrigation or distribution
system and other works connected therewith but does not
include works for removal of sewage;
(c) all collecting drains and main drains to drain off
surplus water from field drains;
(d) all field drains and related structures under pi pe
outlet;
(10) “field channel” includes a channel constructed or to
be constructed by the Government or by the land holder or
by any other agency to receive and distribute water from a
pipe outlet;
(11) “field drain” includes a channel excavated and
maintained by the land holder or by any other agency on his
behalf to discharge waste or surplus water from the land
holding under a pipe outlet; and includes drains escape
channels and other similar works constructed or t o be
constructed and maintained by the owners or occupiers or
by the Government on their behalf and at the cost of the
owners or occupiers;
(12) “field road” means a road serving lands under a
pipe outlet and built at the cost of the land holders;
(13) “financing agency” means any commercial bank or
any co -operative society, including a co -operative
agricultural development bank, the main object of which is
to lend money, or any regional rural bank established under
the Regional Rural Banks Act, 1976 and includes any othe r
agency selected for providing credit facility for
comprehensive command area development;
Central Act 21 of 1976.
[Act No.15 of 1984] 5
(14) “Government” means the State Government of
3Telangana;
(15) “irrigated dry land” or “irrigated land” means land
localised for light irrigation of crops other than paddy,
sugarcane and banana;
(16) “Irrigation Officer” in relation to a command area
means an officer of the Revenue Department, not below the
rank of a Revenue Divisional Officer, having jurisdicti on over
such area or an Officer of the Irrigation Department not
below the rank of a Deputy Executive Engineer e xercising
control over the irrigation system in the command area and
includes any other officer appointed by the Government to
perform the functions of an Irrigation Officer under this Act;
(17) “irrigation system” includes–
(a) the distribution system;
(b) the drainage system;
(18) “irrigation system under a pipe outlet” includes the
field channels and field drains, with all the related structures
thereto;
(19) “Land Development Officer” means an Officer of the
Agriculture Department not below the rank of an Assistant
Director of Agriculture or an officer of the Irrigation
Department not below the rank of a Deputy Executive
Engineer or any other officer, appointed as such by the
Government, to have jurisdiction, and to exercise control
over the whole or part of a command area for the purpose of
systematic land development;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
6 [Act No.15 of 1984]
(20) “land-holder” means a person in actual possession
of the land, whether as an owner or as a tenant or sub -
tenant or as a mortgagee in possession or as a licensee, or
otherwise and includes a person who is likely to be
benefited by the command area development work, and the
expression “land holding” shall be construed as land held
by a land holder;
(21) “notification” means a notification published in
4Telangana Gazette, and the expression “notified” shall be
construed accordingly;
(22) “pipe-outlet” means an opening or contrivance
constructed by the Government in an irrigation system
through which water is delivered for irrigation at the
periphery of the localised area ordinari ly not exceeding forty
hectares;
(23) “prescribed” means prescribed by r ules made by
the Government under this Act;
(24) “systematic land dev elopment” includes all or any
of the following works:-
(a) construction of field channels with related
structures;
(b) construction of field drains with related structures;
(c) land shaping, including grading, levelling,
bunding and the like;
(d) realignment of field boundaries and
rectangularisation of plots and consolidation of land
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.15 of 1984] 7
holdings under a pipe outlet or under an adjacent pipe
outlet, wherever necessary, for efficient farm management;
(e) lining of field channels, wherever necessary with
suitable material to prevent sewage of water;
(f) construction of field road with related structures;
(25) “warabandi” means the system of equitable
distribution of wa ter by turns ac cording to a schedule
prepared by the prescribed authority specifying the day,
time and duration or supply of water to each land -holder in
proportion to his land-holdings in the pipe-outlet command;
(26) “wet land” means land localised for heavy irrigation
of crops, like paddy, sugarcane and banana.
CHAPTER II
Constitution of Command Area Development Authority,
Appointment of Commissioner, Pipe Committee and other
agencies, etc.
3. (1) As soon as may be after the commencem ent of this
Act, the Government may, by notification, constitute a
Command Area Development Authority for the development
of each command area or two or more command area s or
any parts thereof, which shall consist of such members as
may be specified therein.
(2) The Command Area Development Authority shall be
a body corporate by the name “Command Area
Development Authority” of (the name of the area to be
specified), having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire,
hold and dispose of property, both movable and
immovable, and to contract, and shall, by the said name,
sue and be sued.
Constitution of the
Command Area
Development
Authority and its
functions.
8 [Act No.15 of 1984]
(3) The Command Area Deve lopment Authority shall
have the following functions, namely:–
(a) to formulate and implement schemes for the
comprehensive development of the command area or
command areas;
(b) to ensure integrated utilisation of water flows;
(c) to co -ordinate w ork relating to command area
development;
(d) to arrange systematic land development,
including planning, construction and maintenance of field
channels, field drains, farm roads and ayacut roads;
(e) to ensure propogatio n, demonstration and
implementation of improved water management techniques
and the education and training of farmers in irrigated
agriculture;
(f) to enforce a proper system of rotationa l water
supply as specified in w arabandi and fair distribution of
water to individual fields;
(g) to formulate conjunctive use of surface and
ground water;
(h) to prevent land erosion and water logging;
(i) to select and introduce a suitable cropping pattern;
(j) to strengthen agricultural extension activities;
(k) to arrange agricultural credit facilities for
systematic land development and agricultural production in
the select command areas;
[Act No.15 of 1984] 9
(l) to improve the supply of other agricultural inputs;
(m) to ensure creation and development of
marketing, processing and warehousing facilities;
(n) to diversify agriculture and to develop activities,
like animal husbandry and protein production;
(o) to lay out schemes for town -planning and
development of growth centres;
(p) to receive, borrow and lend moneys by or on
behalf of it, which are necessary for the due discharge of its
functions, and also to recover moneys due to it or on its
behalf;
(q) to determine the payment of amount as provided
in sub-section (8) of section 13; and
(r) to do such other acts, not inco nsistent with the
provisions of this Act, as may be prescribed.
(4) The Command Area Development Authority shall
exercise such powers and control as it deems necessary,
over the officers and authorities functioning within its
jurisdiction, including the power to give directions for the
purpose of carrying out the provisions of this Act, and every
such officer or authority shall comply with all such
directions.
4. (1) There shall be appointed by the Government, by
notification, a Commissioner of Command Area
Development for the State of 5Telangana to be incharge of
Command Area Development in the whole of the S tate. The
Government may, by notification, also appoint a many
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Appointment of a
Commissioner.
10 [Act No.15 of 1984]
persons as they consider necessary to exercise the powers
and perform the functions of the Commissioner under this
Act in relation to such command areas as may be specified
in the said notification.
(2) The powers to be exercised and the functions to be
performed by the Commissioner shall be such as may be
prescribed.
(3) The Commissioner shall exercise general control
and superintendence over the Credit Offic er, Irrigation
Officer and Land Development Officer in the performance of
their functions under this Act or the rules made thereunder.
5. (1) There shall be a pipe committee for each pipe outlet
consisting of a president, who shall be the chief executive
authority of the pipe committee, and such n umber of
members as may be presc ribed. The president and the
members of each pipe committee shall be elected by the
land-holders under the pipe outlet from among themselves
in such manner a s may be prescribed. The term of office of
the members including the president of the pipe committee
shall be 6[three years] from the date of assumpti on of their
respective offices.
7[Provided that the members including the President of
the Pipe Co mmittee shall continue to hold o ffice up to the
date of next reconstitution of the Pipe Committee in
accordance with the provisions of this sub-section.]
(2) The procedure to be followed at the meetings of the
pipe committee, the powers and duties of the president and
the disqualifications and removal of the president and
members thereof, shall be such as may be prescribed.
6. Substituted by Act No.1 of 1993.
7. Added by Act No.1 of 1993.
Constitution of a
pipe committee
and its functions.
[Act No.15 of 1984] 11
(3) The pipe committee in which the power to administer
and supervise the irrigation system under the pipe outlet
concerned vests, s hall be responsible to perform the
following, among other functions, namely:-
(a) the construction, maintenance, repair and upkeep
of the irrigation system under the pipe outlet at the cost a nd
expenses of the land-holders;
(b) to carry out obligatio ns on behalf of the land
holders, if the land -holders fail to do so, and recover costs
thereof from them in such manner as may be prescribed;
(c) to enforce warabandi and to regulate supply of
water for irrigation to each land -holding by turns or rotati on
according to the time schedule approved by the Irrigation
Officer;
(d) to regulate and control water supply for irrigation
by volumetric measurement in the mann er specified by the
Irrigation Officer;
(e) to prevent unauthorised and unlaw ful use of water
for irrigation;
(f) to supervise the irrigation system with a view to
preventing waste of water and damage to the system;
(g) to perform such other functions as may be
prescribed.
6. If the pipe committee fails to carry out obligations on
behalf of the land -holders as required by or under this Act,
the Irrigation Officer may, after giving notice to the pipe
committee, carry out the said obligations and recover the
costs thereof from the land -holders in the manner provided
in section 5.
Irrigation Officer
to carry out works
on failure of pipe
committee.
12 [Act No.15 of 1984]
7. The Government may, in order to carry out the purposes
of this Act, by notification constitute such board, committee
or other body for one or more command areas or any parts
thereof as may be specified therein ; and invest the board,
committee or body so constituted with such powers and
functions as they may deem fit.
CHAPTER-III
Obligations of land holders
8. Every land -holder under a pi pe outlet shall be
responsible,–
(i) to carry out systematic land development at his cost,
according to the scheme formulated by the Land
Development Officer;
(ii) to maintain the irrigation system under the pipe outlet
in good repair, at his cost; proportionately as prescribed;
(iii) to use water for irrigation economically and without
wastage by adopting such techniques and regime as may
be prescribed.
9. It shall be the duty of a land -holder to take steps to
maximise production from his land by adopting such
scientific and modern techniques of farm management as
may be notified from time.to time by such authority,as may
be prescribed.
10. Every land -holder shall take such precautionary and
preventive measures as may be necessary so as not to
cause damage to the adjacent land holdings.
Power to
constitute Boards,
Committees, etc.
Obligations of a
land holder.
Farm
management.
Safeguarding
adjacent holdings.
[Act No.15 of 1984] 13
CHAPTER-IV
Systematic land development
11. All lands comprising the command area under a pipe
outlet shall form into a single unit for purposes of-
(i) systematic land development ;
(ii) maintenance and upkeep of irrigation system.
12. The Commissioner may, by notification, specify the
command areas under his jurisdiction in which all or any of
the works under systematic land development shall be
taken up in one or more instalments and also specify the
officers for comm and area development works in such
command areas.
13. (1) Whenever it appears to the Government that the
construction of field channels is expedient for the supply of
water to the lands immediately after or simult aneously with
the availability of water in the ma in irrigation system, the
Government may, by notification declare the command area
under an irrigation system or project or source for the
purpose of applying the provision of this section.
(2) On the issu e of the notification, the Land
Development Officer shall have power to enter upon any
land and make survey of such land to determine the most
suitable alignment for the field channel so as to convey
water to every land under a pipe outlet and mark out the
land which, in his opinion, is necessary for the construction
of the field channel.
(3) The Land Development O fficer shall thereupon
publish a scheme in the prescribed manner giving details of
the lands through which the field channel is proposed to be
Power of
Commissioner to
specify command
area for
systematic land
development.
Construction of
field channels.
Formation of
units.
14 [Act No.15 of 1984]
taken and specifying the areas and the names of persons
likely to be affected.
(4) Every person likely to be affect ed may submit a
petition to the Land Development Officer stating his
objections, if any, to the proposed construction of the field
channel within fifteen days of publication of the scheme. The
Land Development Officer shall finalise the scheme after
considering the objections, if any and publish it in the
manner prescribed. An appeal against an order of the Land
Development Officer may be fil ed before the District
Collector within fifteen days of the publication of the
scheme.
(5) The Land Development Officer shall, after the expiry
of the period of appeal, or where an appeal is filed before
the District Collector subject to the result of ap peal, cause
the field channel to be constructed so as to convey water to
every land under a pipe outlet.
(6) Notwithstanding anything in the 8Land Acquisition
Act, 1894, it shall be lawful for the Land Development Officer
to enter upon lands required for the construction of field
channel and to cause construction of the field channel as if
a declaration had been made by the State Government for
the acquisition thereof under section 6 of that Act and as if
the State Government had thereupon directed the Collector
to take order for the acquisition of such land under section 7
of the said Act and if the State Government had issued
orders for immediate possession being taken under section
17 of the said Act.
(7) The Land Developm ent Officer shall, after the
construction of the field channel, fix the boundary marks in
8. Please refer to the provisions of Central Act 30 of 2013, wherein this
Act has been repealed.
Central Act 1 of 1894.
[Act No.15 of 1984] 15
the prescribed manner and thereupon the ownership of
such land shall vest in the Government.
(8) When the land through which the field channel
passes is not benefit ed therefrom, the owner of such land
shall be paid an amount calculated at the rate at which the
land required for construction of field channel at the nearest
point from which the pipe outlet has been taken, has been
acquired:
Provided that where question arises as to whether the
amount payable under this sub -section corresponds to the
market value of the land, it shall be referred to the District
Collector whose decision thereon shall be final.
(9) Notwithstanding that the cost of constructton o f the
field channel is met by the Government, the responsibility
for maintenance of the field channel shall vest with the pipe
Committee; and the beneficiaries of the field channel shall
not acquire any right other than that of user only.
(10) Any person, resisting the exercise of the powers, or
having control over the property fails to give all facilities for
their being exercised shall be deemed to have committed an
offence under section 188 of the Indian Penal Code, 1860.
14. (1) The Land Development Officer, or any person
authorised by him in this behalf may–
(a) enter upon any land in the command area of an
irrigation system or lands adjacent thereto and undertake
survey or take levels thereon for preparing scheme for
systematic land development;
(b) dig and bore into top -soil or sale soil and collect
soil samples for technical investigation;
Power to enter
and survey, etc.,
Central Act 45 of 1860.
16 [Act No.15 of 1984]
(c) make and set -up suitable land marks, and level
marks for the said purpose;
(d) do all other acts necessary for the proper conduct
of any inquiry or investigation relating to any existing or
proposed scheme for comprehensive command area
development;
(e) enter upon any land or building and cut down and
clear away jungle, fence or any part of standing crop, or
other obstruction for the purpose of regulating the use of
water supplied or inspection or measurement of the lands
irrigated thereby and of doing all things necessary for the
proper regulation and management of land and water:
Provided that if the Land Development Officer or other
person authorised proposes to enter into any building or
any enclosed court -yard attached to a dwelling house, he
shall give the occupier of such building or courtyard atleast
a day's notice in writing of his intention to do so, if the
occupier denies entry on oral request.
(2) Save as otherwise provided by the rules made in this
behalf, no person shall be entitled to any compensation for
loss or damage sustained by him by reason of any action
taken by the Land Development Officer or other person
authorised in pursuance of his powers under this section.
15. (1) The Land Development Officer shall, as soon as may
be after the issue of notification under section 12, hold a
meeting of land -holders in the unit and after hearing their
views, cause the preparation of a suitable scheme for
systematic land development.
(2) Any scheme so prepared shall amongst other
matters, setout the estima ted cost of the scheme a sketch
plan of the area proposed to be covered under the scheme
Preparation of the
scheme for
systematic land
development.
[Act No.15 of 1984] 17
and the particulars of the site of the pipe outlet re -
localisation or re -alignment of the pipe outlet and re -
alignment of the existing irrigation system, survey number s
covered, field boundries, as existing and as proposed, the
extent required for the irrigation system and the land-holders
to be benefited and other persons affected thereby.
(3) Every scheme shall, immediately after its
preparation, be published in suc h form and manner as may
be prescribed inviting objections and suggestions with
respect thereof within fifteen days of such publication.
(4) The Land Development Officer shall consider the
objections and suggestions received, if any, from the land-
holders and finalise the scheme either as originally
proposed by him or with such, modifications as he may
consider fit and publish the scheme as finalised in such form
and manner as may be prescribed (thereinafter in this
chapter referred to as the approved scheme).
16. (1) After the approved scheme has been published by
the Land Development Officer, or where proceedings is
pending before the District Collector under sub -section (4)
of section 13 after it has been diposed off the Land
Development Officer shall give notice in such manner as
may be prescribed; that the works in the approved scheme
shall be executed within such time and through such
agency appointed by him, as may be specified therein.
(2) As soon as may be after the notice is given under
sub-section (1) , the Land Development Officer shall call
upon every land-holder, whose land is likely to be benefited
by the approved scheme, by an order made in this behalf, to
deposit, within o ne month from the date of the order, his
share of the estimated cost of the work in the approved
scheme with the Land Development Officer for executing the
scheme and every such land -holder shall deposit the same
Implementation of
systematic land
development
scheme.
18 [Act No.15 of 1984]
within the period specified therefor. The L and Development
Officer shall thereupon takeup the work according to the
approved scheme.
(3) On completion of the work, the Land Development
Officer shall give to the land -holder notice of completion of
the work and the cost of execution of the work acc ording to
the approved scheme, and demand the deposit of such
further sum, if any, as may be payable by the land -holder
with the Land Development Officer.
17. (1) Notwithstanding anything to the contrary in any law
for the time being in force, it shall be lawful for the land -
holders under a pipe outlet to agree,-
(i) to establish an irrigation system on their lands
without payment of compensation for the land occupied by
such a system; or
(ii) to bear a cut in their holdings in proportion to the
extent of their holdings in lieu of the amount fixed for the
land occupied by the irrigation system, by re -adjustment of
field boundaries.
(2) Where the landholders under a pipe outlet do no t so
agree to part with their lands required for the irrigation
system without payment in cash, the Land Development
Officer may fix the amount payable for such lands, in the
same manner as provided in sub -section (8) of section 13,
and the amount so fixed shall form part of the estimated
cost of the approved scheme and be paid to the affected
land holders according to the area occupied by the
irrigation system;
(3) Any person aggrieved by the amount fixed by the
Land Development Officer under sub -section (2) may prefer
an appeal, within fifteen days from the date of
Acquisition of land
for irrigation
system under a
pipe outlet.
[Act No.15 of 1984] 19
communication of an order in that behalf, to the District
Collector. A second appeal against an order of the District
Collector may be filed before the Commissioner within
fifteen days from the date of such order.
18. (1) The Land Development Officer shall prepare in the
prescribed manner a record containing particulars as to the
irrigation system and the adjusted boundaries of land
holdings under a pipe outlet after execution of the
systematic land development scheme and cause the same
to be published in such manner as may be prescribed.
(2) The District Collector shall have the power to correct
any error or rectify any mistake in the particulars contained
in the said record.
(3) Every particular in the said record shall be evidence
of the matter referred to therein and shall be presumed to be
correct until the contrary is proved or until a new particular is
entered in the said record in accordance with the provisions
of this Act or any other law for the time being in force.
CHAPTER-V
Regulation of irrigation and equitable water use
management
19. (1) The Irrigation Officer shall, having regard to the
availability of water and other factors, have power to
regulate the supply of water from an irrigation system upto
and below a pipe outlet and specify:–
(a) the time for letting out water for irrigation;
(b) the duration of supply;
(c) the quantity of supply; and
Preparation of
records after
systematic land
development.
Power of Irrigation
Officer to regulate
irrigation system.
20 [Act No.15 of 1984]
(d) the different areas to be supplied at different
times.
Explanation.–Water shall be deemed to have been
supplied if it is made available, whether or not it is used for
irrigation of land under a pipe outlet.
(2) An appeal against an order passed by the Irrigation
Officer under sub-section (1) shall lie to the District Collector
within fifteen days from the date of making of such order.
20. (1) If water supplied from an irrigation system is put to
unauthorised or unlawful use, the person by whose act or
negligence such use has occurred, or if such person cannot
be identified, the person or all the persons on whose land
water has flowed and the land is benefited therefrom, or the
person or all the persons chargeable in respect of the water
supplied from such irrigation system, shall be liable,
severally or jointly as the case may be, for the imposition of
such charge as may be levie d by the competent authority
therefor under the relevant law for the time being in force.
Explanation.–For the purpose of this section, the use of
water for irrigating an area in the following manner shall
constitute unauthorised or unlawful use, namely:–
(i) when an area is not localised under an irrigation
system;
(ii) when an area which is localised as irrigated dry, is
irrigated as wet;
(iii) when an area localised for a single crop is
irrigated for a double crop;
Liability for
unlawful use of
water when water
runs to waste.
[Act No.15 of 1984] 21
(iv) when an area which is localised for one particular
season is irrigated in the season f or which it is not so
localised;
(v) when an area is irrigated unauthorisedly by
breaching or cross bounding an irrigation system;
(vi) when an area is irrigated by pumping water
without prior permission of the Irrigation Officer;
(vii) when an area is irrigated with a crop in
contravention of cropping pattern specified under section
26;
(viii) when an area is irrigated otherwise than in
accordance with the schedule of water distribution as
specified in warabandi.
(2) Where water supplied through a field channel is
allowed by any person to run to waste, the person by whose
act or negligence such water was allowed to run to waste, or
if, after inquiry such person cannot be f ound, the person or
all the persons chargeable in respect of the water supplied
from such irrigation system, shall be liable, severally or
jointly, as the case may be, for the imposition of a charge
which shall be made in the prescribed manner in respect o f
the water so wasted.
(3) The levy of charges for unauthorised or unlawful use
of or wastage of water shall not be a bar for launching
prosecution for any offence connected with such use or
waste.
(4) All charges for the unauhorised or unlawful use or for
waste of water may be recovered as water rates, in addition
to any penalties imposed on account of such use or for
waste of water.
22 [Act No.15 of 1984]
(5) Any question arising under this section shall be
decided by the Irrigation Officer and any person aggrieved
by the order of the Irrigation Officer may prefer an appeal to
the District Collector within fifteen days from the date of
making of the order. A second appeal against an order of
the District Collector may be filed before the Commissioner
within fifteen days from the date of such order.
21. (1) It shall be lawful for the Government or any officer
authorised by them in this behalf to stop the supply of water
to any land holding or field channel or to any person who is
entitled, to such supply under all or any of the fo llowing
circumstances, namely:–
(a) whenever and so long as it is necessary to stop
such supply for the purpose of executing 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 escape of water thereof;
(c) whenever and so long as it may be necessary to
do so in order to prevent the wastage or misuse of water;
(d) during the periods fixed, from time to time, by the
Irrigation Officer of which due notice has been given;
(e) whenever there is diminution in the supply of
water in the irrigation system due to any natural or seasonal
causes and thereby so long as it is necessary to do so;
(f) whenever there are floods or heavy rains in the
command area and thereby so long as it is necessary to do
so.
Stoppage of water
supply.
[Act No.15 of 1984] 23
(2) No claim shall be allowed against the Government
for compensation in respect of any damage arising out of:–
(a) deterioration in climate or soil; or
(b) stoppage or diminution of the supply of water
where such stappage or diminution is due to–
(i) any cause beyond the control of the authority
incharge of the irrigation system;
(ii) the executi on of any repairs, alterations or
additions to the irrigation system;
(iii) any measures considered necessary by the
Irrigation Officer for regulating the proper flow of water in the
field channel or for maintaining the estab lished course of
irrigation; or
(iv) circumstances mentioned in clauses (a) to (f) of
sub-section (1).
22. Where water from an irrigation system is supplied for the
irrigation of one or more crops specified by the Irrigation
Officer, the right to use such water shall be deemed to
continue only until such crop or crops shall come into
maturity, and to be lawful only in respect of such crop or
crops.
23. (1) Whenever a dispute arises between two or more
land-holders in regard to their natural rights or liabilities in
respect of the use or maintenance of a field channel, any
such land-holder may apply in writing to the pipe committee
stating the matter in dispute.
(2) On receip t of an application under sub -section (1),
the pipe committee shall give notice to the other persons
Supply of water
for irrigation of
one or more
crops.
Settlement of
disputes
regarding
distribution of
water.
24 [Act No.15 of 1984]
intersted to appear before it on a day to be specified in such
notice, and shall proceed to enquire into such matter, and
after the enquiry, the pipe commi ttee may try to bring about
a compromise between the parties and if such compromise
could not be brought, it shall, after hearing the parties
concerned pass such order as it deems fit:
Provided that if any dispute arises between the land -
holders and the pipe committee regarding the sharing of
costs to be borne by one or more land -holders, any such
land holder may, after paying the costs apportioned to him
by the pipe committee, prefer an appeal to the Irrigation
Officer within seven days of such payment a nd the Irrigation
Officer shall after giving an opportunity to the aggrieved
land-holders, decide the pro -rata sharing of expenses
between the land -holders and his dec ision theron shall be
final and binding on all the land-holders.
(3) The Irrigation Off icer within whose jurisdiction the
pipe outlet is situated, may suo -motu or on an application
made in this behalf by an aggrieved person within fifteen
days from the date of the order passed by the pipe
committee under sub-section (2) revise such order:
Provided that where the pipe committee does not pass
an order within fifteen days from the date of receipt of an
application under sub -section (1), the Irrigation Officer may
himself pass an order on the matter in dispute.
CHAPTER-VI
Localisation of command areas and regulation of cropping
pattern therein, etc.
24. (1) Subject to such rules as may be made in this behalf
the Government may, having regard to resources of land
and water, nature of soil, climate and other technical
Power to specify
principles of
localisation.
[Act No.15 of 1984] 25
considerations, by an order, specify for each command area
principles of localisation for the purpose of irrigation.
(2) The Government may, having regard to the
advancement in technology of land and water management
and other agronomic practices, alter, from time to time by
an order, the principles of localisation so specified for any
command area.
Explanation:–The term “principles of locali sation” shall
include the prescription of seasons of the irrigation, the type
of irrigation, such as wet, irrigated dry, double crop, or
single crop, or perennial irrigation.
25. Subject to such directions as may be issued from time
to time by the Government, the District Collector, may, in
any year, having regard to the quantity of water available in
any irrigation system within his jurisdiction, classify, by an
order, within such time and in such manner as may be
prescribed lands under the said irrigation system for the
purpose of raising such kind of crops on each class of land
as may be specified in the order, and regulate the supply of
water for irrigation accordingly.
26. (1) Whenever the Government are satisfied that for the
better cultivation of land and the optimum utilisation of water
resources of an irrigation system or for accelerated land
development or for any other reasons, it is expedient in
public interest to regulate the cropping pattern the period of
sowing and the durati on of crop, they may, by notification,
make a decleration to that effect:
Provided that such person may grow any crop other
than the crop prohibited under this section with the
utilisation of water from his own source subject to such
conditions and restrictions as may be prescribed.
Classification of
lands for raising
different crops
according to
availability of
water.
Power to prohibit
growing of certain
kinds of crops
and to regulate
the period of
sowing and
duration of crops.
26 [Act No.15 of 1984]
(2) On the making of a declaration under sub -section
(1), the Director of Agriculture may speci fy by notification
published in such manner as may be prescribed, the kinds
of crops that shall not be grown on any land under su ch
irrigation system and the periods of sowing and duration in
respect of non-prohibited crop thereof.
(3) On the publication of a notification under sub-section
(2), no person shall grow any such crop as is prohibited by
the notification on any land under such irrigation system and
no person shall sow or plant any other crop at any period or
allow such crop to remain beyond the duration, specified in
respect thereof in such notification.
27. (1) For the purpose of laying out the roads within the
command area and their proper upkeep and maintenance, it
shall be lawful for the Government to levy and collect road
cess in the form of a tax on lands in the command area from
the land-holders who, in their opinion, are benefited or are
capable of being benefitted by any scheme undertaken
under this Act.
(2) The rate at which the road cess shall be levied, the
manner of assessment and realisation of road cess and the
utilisation of such road cess shall be such as may b e
prescribed:
Provided that such rate of road cess shall not exceed
rupees twelve and paise thirty five per hectare of land in the
command area.
CHAPTER-VII
Credit Facilities
28. Any land -holder included in the scheme for systematic
land development may apply to a financing agency selected
by the Credit Officer to provide credit facility to the land -
Power to levy and
collect road cess.
Power to select
financing agency.
[Act No.15 of 1984] 27
holder and the saiExcerpt shown. Open the full act in Lexace.
Lex