Chapter IX VILLAGE CHANNELS

1. (1) The Canal Officer shall keep a register of all village channels whether already existing or constructed under this Act, and shall note thereon in respect of every village channel whether it is a public channel or a private channel and whether maintained at the cost of the Government or the owners, and shall register the names of the owners of every such private channel.
2. (2) A village channel made as an extension of, or a branch to, an existing village channel shall be registered as a separate village channel; and so much of the length of any village channel as lies within the limits of any one village or mauza shall be entered on the register as a separate village channel. Every section of a village channel so separately entered on the register shall be deemed to be a separate village channel in respect of all rights and liabilities imposed by this Act. Provided that, whenever it appears to the canal officer for any special reason to enter upon his register as one village channel a section of village channel which includes portions lying within two or more villages or mouzas, the canal officer may, register such section as one village channel, and such section shall be deemed to be one village channel in respect of all rights and liabilities imposed by this Act.

Any person may, with the consent of the Canal Officer, acquire the ownership of an existing village channel for the purpose of improving or maintaining it:

1. (a) by taking over any village channel belonging to the Government;
2. (b) by transfer of ownership of village channel from the owner thereof by private agreement.

Construction of new village channel Any person may with the permission of a canal officer, construct a new village channel if he has obtained the consent of the owners and occupiers of the land required therefor.

Any person desiring the construction of a new village channel, but being unable or unwilling to construct it under a private arrangement with the

ဆဉ owners and occupiers of the land affected, as mentioned in the last preceding section, may apply in writing to the Canal Officer stating:

1. (a) that he desires the said Canal Officer, in his behalf and at his cost, to do all things necessary for constructing such village channel;
2. (b) that he is ready to defray all costs necessary for acquiring the land and constructing such village channel.

1. (1) If the Canal Officer considers the construction of such village channel expedient, he may call upon the applicant to deposit any part of the expense as he may consider necessary.
2. (2) Upon such deposit being made, the Canal Officer shall-
   • (i) Cause inquiry to be made into the most suitable alignment for the said village channel, and mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof,
   • (ii) forthwith publish a notification in every village through which the village channel is proposed to be taken that so much of such land as is situated within such village has been so marked out, and shall send a copy of such notification to the collector of every district in which any part of such land is situated.
3. (3) (a) Such notification shall also call upon any person who wishes to be admitted a joint owner of such village channel to make his application in that respect within thirty days of the publication of such notification.
   • (b) If any such applicant appears, and his application is admitted, he shall be liable to pay his share in the construction of such village channel and in the cost of acquiring such land, and shall be a co-owner of such village channel when constructed.

1. (1) On receipt of copy of notification, the Collector shall proceed to acquire land under the provisions of the Land Acquisition Act, 1894.
2. (2) No land acquired for the construction of village channel shall be used for any other purpose without the order of the Divisional Canal Officer.

1. (1) On being put in possession of the land the Canal Officer shall construct the required village channel, and on its completion shall give the applicant notice thereof, and of any sum payable by him on account of the cost of acquiring the land and constructing the village channel.
2. (2) On such notice being given, such sum shall be due from the applicant to the canal officer. ဆတ
3. (3) On receipt of payment in full of all expenses incurred, the Canal Officer shall make over possession of such village channel to such applicant.

1. (1) Whenever a Canal Officer considers that the transfer of a village channel from the owner is necessary for the proper management of the irrigation from such village channel, he may cause a notice to be served on the registered owner to appear on a certain day, not less than fifteen days after service of the notice, and to prefer any objection to such transfer.
2. (2) After hearing such objection, the Canal Officer may order that such village channel shall be transferred to such person as he may think fit, and that such person be registered as owner of the said village channel: Provided that no person shall be registered as the owner of a village channel under this section ,unless he has expressed in writing his willingness to be so registered, and until he has paid to the Canal Officer such sum as may be fixed by the Canal Officer.

1. (1) Any person wishing to become the joint owner of an existing village channel may petition the Canal Officer to that effect, and on receipt of such petition the Canal Officer may, if he thinks fit, issue a notice as provided in last preceding section upon the registered owner, and, after hearing any objection which the registered owner may prefer against the admission of such applicant to be a joint owner, may direct that the applicant shall be registered as such joint owner.
2. (2) All joint owners of a village channel shall be held to have an equal interest in it, unless with the permission of the Canal Officer, they register specific unequal interests.

When deciding the question of transfer or of admission of joint ownership under either of the two last preceding sections, the Canal Officer shall also determine what amount shall be paid as the cost of the proceeding. As compensation to the previous owners and the amount so determined shall be due by the transferee, or the person admitted to registry as a joint owner, as the case may be and on payment of such amount, the village channel shall be transferred, or the applicant shall be registered as a owner or a joint owner thereof, as the case may be.

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Instead of awarding payment of compensation, under the last preceding section, the Canal Officer may fix an amount of rent to be paid annually to the previous owner by the person to whom the village channel is transferred.

1. (1) Every owner of a village channel shall be bound-
   • (a) to construct and maintain all works necessary for passage across such village channel of canals, village channels, drainage channels, and public road existing at the time of its construction, and of the drainage intercepted by it, and for affording proper communication across it for the convenience of the occupants of neighbouring lands;
   • (b) to maintain such village channel in a proper state of repair for the conveyance of water;
   • (c) to allow the use of it to others on such terms as may be declared equitable by the Canal Officer;
   • (d) to have supply of water by such village channel at such rates and on such terms as are prescribed by the State Government.
   • (e) To receive such rent for the use of village channel by other persons as the Canal Officer may award;
2. (2) If any village channel transferred under this Act is disused for three years continuously, the right of the applicant or of his representative in interest, to occupy such village channel shall cease absolutely.

may do so If the owner of a village channel fails to fulfil the obligations mentioned in clauses (a), (b) and (c) of sub-section (1) of the last preceding section, the Canal Officer may require him by notice to execute the necessary works or repairs within a periods not being less than fifteen days, and in the event of failure may execute them on his behalf; And all expenses incurred by the executions of such works or repairs shall be a sum due by such owner to Government; And, if any such owner who has already failed on one occasion to execute such works or repairs when required to do so, and has left them to be executed on his behalf by the Canal Officer, again fails to execute any such works or repairs when required to do so; or if any such owner shall refuse in any respect to fulfil the obligation mentioned in clause (c) of sub-section(1) of the last preceding section, after having been required to fulfil the same by a notice in writing from the Canal Officer, the Canal Officer may strike such village channel off the register, and so disqualify it to be any longer a medium for the conveyance of canal water.

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channel

1. (1) If any person, jointly responsible with others for the maintenance of a village channel, or jointly making use of a village channel with others, neglects or refuses to pay his share of the maintenance or to execute his share of the maintenance or to execute his share of any work necessary for such maintenance, the Divisional Canal Officer, on receiving an application in writing from any person aggrieved by such neglect or refusal, shall serve notice on all the parties concerned that on the expiration of fifteen days from the service, he shall investigate the case, and shall, on the expiration of that

period, investigate the case accordingly, and make such order thereon as he

deems fit.

1. (2) Such order shall be appealable to the Superintending Engineer, whose order thereon shall be final.
2. (3) Any sum directed by such order shall be paid within a specified period.

1. (1) Whenever application is made to a Divisional Canal Officer for 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 village

channel, he shall give notice to the persons responsible for the maintenance

of such village channel 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 Canal Officer shall determine whether and on what conditions the said supply shall be conveyed through such village channel;

Provided that such application is made for lands already included in

the irrigation work.

1. (2) Any person, aggrieved by the determination of the Divisional Canal Officer, may prefer an appeal to the Superintending Engineer within thirty days of such determination.
2. (3) When the Divisional Canal Officer determines that supply of water of an irrigation work may be conveyed through any village channel as aforesaid, his decision shall, when confirmed or modified by the Superintending Engineer on appeal, be binding on the applicant and also on the person responsible for the maintenance of the said village channel.
3. (4) Such applicant shall not be entitled to use such village channel until he has paid the expense of any alteration of such village channel necessary in order to his being supplied through it, and also such share of the first cost of such village channel as the Divisional Canal Officer or, as the case may be, Superintending Engineer may determine. ဆဓ
4. (5) Such applicant shall also be liable for his share of the cost of maintenance of such village channel so long as he uses it.
5. (6) The Canal Officer shall fix a sum as rent to be paid for the use of such village channel to the owner.

users Association

1. (1) Government may transfer any Government distributary, minor or water course to the Water User Association (s) formed by the beneficiaries or to a

group of person who may be considered fit by the Government to be owner

of the said channels for their maintenance and operation. These channels , in such a case , will be considered as village channels and will accordingly be governed by the provisions of this chapter.

1. (2) In case the management of distributary, sub-distributary or minor is handed over to the WUA, the WUA shall be supplied with authorised discharge at the head regulator of such channel. The Executive Engineer will ensure that the water so supplied will be in proportion to the area to be irrigated from that channel.

Preparation of draft scheme for on-farm development

1. (1) Notwithstanding anything contained to the contrary in this Act and subject to the rules , that may be made by the State Government in this behalf, an officer designated by the State Government in this behalf may, on his own motion or on the application of not less than fifty percent of the owners or occupiers of land in the culturable commanded area, prepare a draft scheme to provide for on-farm development on a group or block of fields.
2. (2) Every scheme prepared under sub-section (1) shall among other matters, set out the cost of the on-farm development works, sketch plan of the area proposed to be covered by the said scheme, and particulars of the owners or occupier to be benefited by the said scheme.
3. (3) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within twenty-one days of the publication.
4. (4) After consideration of such objections and suggestions if any, the said officer shall approve the scheme either as it was originally published or in such modified form as he may consider fit and publish the same.
5. (5) The officer designated by the State Government in this behalf may, at any time or on an application by any person aggrieved by the approved scheme made within a period of thirty days from the date of publication of the particulars of the scheme under sub- sections (4), revise the scheme approved by the said officer :- ဇင Provided that such revision shall not be made without affording the person affected an opportunity of being heard.
6. (6) An owner or occupier aggrieved by the order of the said officer in respect of a scheme, which has not been approved, may prefer an appeal, within thirty days of the passing of the order to such officer designated by the State Government in this behalf whose decision shall be final.
7. (7) After a scheme has been approved by the said officer under sub- section (4) or where an appeal is pending before an officer under sub-section (6), after it has been disposed of by him, the scheme shall be published in such manner

as may be prescribed and upon such publication, it shall be executed or got

executed by the owners or occupiers in the group or block of field at their cost, within such period of time as may be specified by the said officer.

1. (8) In the event of the failure of any or all of the said owners or occupiers to execute the works within the said period of time specified by the said officer or in the event of any or all of the owner or occupiers informing in writing the said officer prior to the expiry of the said period of time that they are unable to execute or get executed the works as required, the works may be carried out by the State Government or by an agency determined by the State Government in that behalf, and the cost of the works to executed by the State Government or by the said agency, as the case may be, shall be recoverable by the State Government or the said agency, as the case may, be from the owners or occupiers who fail or indicate their inability, to execute or get executed the works as required.
2. (9) The share of the individual owners or occupiers of the cost of the works executed in the said group or block of field by the State Government or by the said agency, as the case may be, shall be as determined by the State

Divisional Canal Officer may construct field drains on behalf of owner or occupiers

1. (1) Notwithstanding any thing contained to the contrary in sub-section (1) of section 16 the Divisional Canal Officer may cause a scheme for field drain to be drawn up.
2. (2) Every scheme drawn up under sub-section (1) amongst other matters shall set out the estimated cost thereof, the alignment of the proposed field drain or realignment of the existing field drain, as the case may be, the particulars of the owners or occupiers to be benefited and other persons who may be benefited thereby and sketch plan of the area proposed to be covered by the scheme.
3. (3) The Divisional Canal Officer may construct the field drain on behalf of the owners or occupiers and recover the cost pro-rata from the owners or occupiers. ဇစ ဇဆ