The Bihar Irrigation Act, 1997
Chapter XV SAFETY OF IRRIGATION WORK
Chapter XV SAFETY OF IRRIGATION WORK
95. Encroachment upon irrigation works forbidden
Except as may be prescribed no person without the permission of the Canal Officer shall -
- (a) interfere with or encroach upon an irrigation work, or
- (b) construct any earthen or masonry bund or weir on any channel or stream flowing above or below any irrigation work.
Chapter XV SAFETY OF IRRIGATION WORK
96. Constructions above irrigation work
- (1) Every owner whose tank, well, pond, spring pond or other reservoir is situated above any irrigation work, shall maintain the bunds and surplusing arrangements of such tank, well, pond, spring pond, spring channels or reservoir in a safe and efficient condition.
- (2) If, in the opinion of the Canal Officer, such bunds or surplusing arrangements of the works referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation works below, then the owner concerned shall be served with a notice to bring such bund or surplusing arrangements to a reasonably fit condition in such manner and within such time as may be specified in the notice.
- (3) If the said owner fails to comply with the notice within the time specified or does repair which in the opinion of the Canal Officer are unsatisfactory the Canal Officer may carry out the necessary repairs and recover the cost from the said owner.
- (4) From any order of the Canal Officer under this section an appeal shall lie within thirty days from the date of communication of the order to the Divisional Canal Officer, whose decision thereon shall be final.
Chapter XV SAFETY OF IRRIGATION WORK
97. Use of explosives in the vicinity of irrigation work prohibited
No person shall conduct mining or quarrying operation requiring the use of explosives within such distance as may be prescribed from the boundaries of an irrigation work, without the written permission of the Canal Officer.
Chapter XV SAFETY OF IRRIGATION WORK
98. Excavation of wells near irrigation work
Notwithstanding anything contained to the contrary in sub-section (4) of section 12 no well exclusively for domestic use, either on personal or community basis shall be excavated within such distance as may be specified by the State Government from time to time, from the boundaries of an irrigation work without the previous sanction of the authority specified by the State Government and subject to such condition as the authority may impose.
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Chapter XV SAFETY OF IRRIGATION WORK
99. Permission for fishing
No person shall have the right to fish or ply, any vessel in a reservoir, pond or tank or along a canal or channel maintained or controlled by the Government without the permission in writing of the State Government or of such officer as may he empowered in this behalf by the State Government, and except under such terms and conditions and subject to payment of such fees as may be prescribed.
Chapter XV SAFETY OF IRRIGATION WORK
100. No person entitled to let out water from a canal
No person other than the Canal Officer or any officer duly empowered in this behalf shall let out water from a canal or channel by cutting the bund, constructing a sluice or outlet or any other similar contrivance.
Chapter XV SAFETY OF IRRIGATION WORK
101. Permission for pumping water from irrigation works
- (1) Save as provided in this Act, no person shall abstract water for any purpose by the installation of pump sets or other electrical or mechanical devices for pumping water from an irrigation work except with the permission of the Divisional Canal Officer within whose jurisdiction such pump sets or other devices for abstraction of water are installed and subject to such terms and conditions and subject to the payment of such fees, as may be prescribed.
- (2) If any person abstracts water from an irrigation work in violation of sub-section (1), the Di visional Canal Officer or any person authorised by him in that behalf shall have the power to enter any property, place or premises in which any construction is made or any pump set or other electrical or mechanical device is installed for the abstraction of the water and remove or cause to be removed such construction or pump set or other device.
- (3) This type of action shall be treated as theft, the pump set shall be seized and criminal case shall be instituted against the person involved.
Chapter XV SAFETY OF IRRIGATION WORK
102. Prohibition of deposit produce of mines or earth near any irrigation
channel No person shall deposit any produce of mines or earth or any other material in or near any channel or field drain or other work, whether natural or artificial through which rain or other water flows into any irrigation work.
Chapter XV SAFETY OF IRRIGATION WORK
103. No person shall pollute water of irrigation work
- (1) No person shall pollute, or discharge sewage effluent or trade effluent in the water of any irrigation work which may cause injury to the irrigation work or may deteriorate the quality of water of the irrigation ဉတ work or may give rise to the growth of any weeds in the irrigation work.
- (2) The provisions of the Water Prevention and Control of Pollution Act, 1974 will apply with regard to matters in sub-section(1). ဉထ
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