Vidhi Codex

The Bihar Irrigation Act, 1997

The Bihar Irrigation Act, 1997

Infrastructure1997117 sections17 chapters

This law governs water management and infrastructure in the state of Bihar, specifically focusing on irrigation works like canals, embankments, and drainage systems. It applies to the entire state and regulates how water is distributed to farmers and how land is protected from floods. The Act establishes rules for collecting revenue from water usage and betterment contributions, appoints officers to manage these projects, and defines the rights and responsibilities of beneficiaries who benefit from these state-run water systems to ensure efficient water use and agricultural development.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and Commencement:-
  2. 2Definitions

Chapter II RIGHTS →

  1. 3Rights of the State Government in water
  2. 4Irrigation work to vest in Government
  3. 5Government shall vest in the State Government.

Chapter III POWERS OF OFFICERS →

  1. 6Entry for enquiry
  2. 7Power to inspect and regulate the water supply
  3. 8Notice to occupier of building
  4. 9Power to make repairs
  5. 10Power to make temporary roadway, water channel of dam
  6. 11Power to take earth from lands

Chapter IV IRRIGATION →

  1. 12Notification when water to be supplied for public purposes

Chapter V DRAINAGE AND PREVENTION OF WATER LOGGING →

  1. 13Prohibition of obstructions
  2. 14Order to remove obstructions
  3. 15Removal of encroachment
  4. 16Notification for construction of drainage work
  5. 17State Government intends to construct the drainage work excluding field drain.

Chapter VI EMBANKMENT WORKS →

  1. 18Execution of Embankment Work
  2. 19Form of notice
  3. 20Application for new sluices, embankments or drainage
  4. 21Operation of sluices

Chapter VII PRIVATE IRRIGATION WORKS →

  1. 22Notice by collector for repair of existing irrigation work or construction
  2. 23Inquiry by Collector
  3. 24Power of Collector to order repair or construction
  4. 25Proceedings in emergencies
  5. 26Delegation by Collector of authority to repair or construct

Chapter VIII NAVIGATION WORKS →

  1. 27Navigable channels
  2. 28Authority for navigable channels
  3. 29Appointment of supervisor and their power
  4. 30Mode of exercising power

Chapter IX VILLAGE CHANNELS →

  1. 31Register of village channels to be kept
  2. 32Acquisition of village channel by agreement
  3. 33Explanation-"Person" in this chapter includes any number of persons acting jointly and also water users association.
  4. 34Application for construction of new village channel.
  5. 35Procedure for construction of village channel
  6. 36Acquisition of land
  7. 37Procedure after construction of village channel
  8. 38Canal Officer may direct transfer of village Channel
  9. 39Admission of joint owner of village channel
  10. 40Payment for joint ownership
  11. 41Rent for a transferred village channel
  12. 42Rights and obligations of owner of village channel
  13. 43If owner of village channel fails to execute work or repair, Canal Officer
  14. 44Procedure when joint owner neglects or refuses to maintain the village
  15. 45Divisional Canal Officer may authorise supply
  16. 46Government may transfer distributary, minor or water course to water
  17. 47In the case of deficient water supply in the parent channel, the shortage shall be equitably distributed to the various channel.
  18. 48Government or by the said agency, as the case may be.

Chapter X THE SUPPLY OF WATER →

  1. 49Divisional Canal Officer to regulate the supply of water for irrigation
  2. 50Declaration of assured irrigable command area of a canal
  3. 51Filling of application for inclusion in or exclusion from assured irrigable
  4. 52Canal Officer within thirty days of the order passed under sub-section (2) and the order of the Divisional Canal Officer thereon shal1 be final.
  5. 53Person entitled to have supply of water
  6. 54Government.
  7. 55Government.
  8. 56Duration of supply
  9. 57Canal Officer may supply water for purposes other than those of
  10. 58Declaration of cropping pattern for assured irrigable command by the
  11. 59Transfer of schemes to water committee
  12. 60Enforcement, alteration and cancellation of the scheme
  13. 61Appointment of Water Committee

Chapter XI WATER RATES AND TOLL →

  1. 62Charges for water- Whenever
  2. 63Assessment of water charges
  3. 64Appeal against assessment
  4. 65Notice for demand
  5. 66Period to be prescribed by the State Government
  6. 67Liability of occupiers of lands benefiting from unauthorised use of
  7. 68Liability when water runs to waste
  8. 69Charges recoverable in addition to penalty
  9. 70Contract for collection of dues
  10. 71Tolls on lines of navigation
  11. 72Provided that such tolls shall be payable only so long as such line of navigation shall be open.
  12. 73Publication of rates of toll
  13. 74Devanagri Script.
  14. 75Payment of tolls

Chapter XII LEVY OF BETTERMENT CONTRIBUTION →

  1. 76Beneficiaries to pay betterment contribution
  2. 77Assessment of betterment contribution
  3. 78Betterment Levy Officer to serve notice of demand on owner
  4. 79Betterment contribution deemed to be revenue demand
  5. 80Any person having interest in the land may pay the contribution
  6. 81Claim on account of failure or stoppage of water in Irrigation work

Chapter XIII OFFENCES AND PENALTIES →

  1. 82Offences under Act
  2. 83Further offences
  3. 84Obstruction to be removed and repaired
  4. 85Persons employed on canal may take offenders into custody
  5. 86Compensation to person injured
  6. 87Saving of prosecution under other laws
  7. 88All offences under the Act to be cognisable and bailable
  8. 89Procedure when the person committing an offence is a company
  9. 90Compensation for offences

Chapter XIV OBTAINING LABOUR AND MATERIALS FOR →

  1. 91Canal Officer empowered to obtain labour from locality in case of
  2. 92Government under the provision of the act related to obtaining labour and materials for irrigation works in emergency.
  3. 93Canal Officer may take possession of materials required for work in
  4. 94Appeal by such labour when aggrieved by fixation of wages

Chapter XV SAFETY OF IRRIGATION WORK →

  1. 95Encroachment upon irrigation works forbidden
  2. 96Constructions above irrigation work
  3. 97Use of explosives in the vicinity of irrigation work prohibited
  4. 98Excavation of wells near irrigation work
  5. 99Permission for fishing
  6. 100No person entitled to let out water from a canal
  7. 101Permission for pumping water from irrigation works
  8. 102Prohibition of deposit produce of mines or earth near any irrigation
  9. 103No person shall pollute water of irrigation work

Chapter XVI JURISDICTION →

  1. 104Settlement of disputes as to mutual rights and liabilities of person
  2. 105Officer who shall thereupon inquire into and pass his order on the said matter.
  3. 106Revision by the Superintending Engineer

Chapter XVII MISCELLANEOUS →

  1. 107State Government or its Officers not liable for loss or damage
  2. 108Claim for compensation to include claim for every loss
  3. 109Power to be cumulative
  4. 110Mode of publishing proclamation and issuing notice
  5. 111Service of notices
  6. 112Disposal of lands no longer required for any irrigation work
  7. 113Government to provide means of crossing canals and drainage
  8. 114Recovery of dues
  9. 115Power to make rules
  10. 116Repeal and saving

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