Chapter X THE SUPPLY OF WATER

A Divisional Canal Officer duly empowered by the State Government by a notification in respect of any irrigation work or class of irrigation works may, after such inquiry as he deems fit, regulate in respect of any irrigation work for each year or part thereof or for a specified term of years at a time, as circumstances may require-

1. (i) the time for letting out water for irrigation;
2. (ii) the period of supply;
3. (iii) the quantity of supply; and
4. (iv) the areas to be supplied at different times. Explanation- A land shall be deemed to have been supplied with water notwithstanding that the water is not utilised for irrigation or such non- utilisation is due solely to the action or inaction on the part of the owners or occupiers interested in such land.

1. (1) The Divisional Canal Officer or officer authorised by the State Government may, for the purpose of this Act, by notification, declare any area to be assured irrigable command area which shall comprise of such lands the irrigation of which is assured by direct or indirect flow from a canal during, such period of the year as may be specified in the notification which in the opinion of the Divisional Canal Officer or any officer authorised by the State Government, be sufficient for maturity of the crops during the said period, and any area to be probable irrigable command area which shall comprise of such lands the irrigation of which is unassured and is subject to availability of water during the said period.
2. (2) A public notice shall be affixed for the recovery of rent in such area in all the offices of the Gram Panchayat, police-station, office of the Anchal Adhikaris and in all Cutcheries of the State Government and the substance of the notice shall be announced by beat of drum in all the village falling in the notified area and the substance shall be published in two consecutive number of two newspapers circulating in the area.

command or probable irrigable command area-

1. (1) Any of the occupiers of land may file an application before Canal Officer for inclusion of any land in, or exclusion of any land form, the assured irrigable command area or probable irrigable command area within ninety days of publication of the notification referred to in section 50. ဇဇ
2. (2) On receipt of such application the Canal Officer shall hear the applicant and pass such orders as he may deem fit.
3. (3) An appeal against the order of the Canal Officer shall lie to the Divisional

Order to be recorded in writing If on an application made under section 51 the Canal Officer passes orders for

inclusion of any land in, or exclusion of any land from, the assured irrigable

command area or probable irrigable command area 01" a canal he shall cause his orders to be recorded in writing in such forms as may be prescribed by rules made.

1. (1) Every occupier of land within an assured irrigable command area of a caNal shall be entitled to have supply of water from the canal for irrigation purposes sufficient for the maturity of the crop grown during the period, specified, in the notification under section 50 and every occupier of land in the probable irrigable command area of a canal shall be entitled to have such supply subject to the availability of water during that period, and every such occupier shall be liable to pay such water charges as may be determined irrespective of the fact whether he uses such water or not.
2. (2) Till such time as the assured irrigable command area or probable irrigable command area is notified, water will be supplied for irrigation by the Canal Officer and every person to whom water supplied shall be liable to pay such water charges as may be determined by the State Government.
3. (3) Any occupier of land beyond assured irrigable command or probable irrigable command area, desirous of supply of water to his land from a canal shall make written application to that effect to the Canal Officer in the form prescribed, and water may be supplied (provided the area to be irrigated forms one compact block) after assessing the needs of the assured irrigable command and probable irrigable command areas and every such occupier shall be liable to pay water charges as may be determined by the State

Regulation of supply of water

1. (1) The Canal Officer may stop the supply of water to any village channel, or to any person who is entitled to such supply, in the following cases:-
   • (a) Whenever and so long it is necessary to stop such supply for the purposes of executing any work ordered by competent authority;
   • (b) Whenever and so long as the village channel is in such disrepair as to prevent the wasteful escape of water therefrom; ဇဈ
   • (c) Whenever and so long as it is necessary to do so in rotation to supply the legitimate demands of other persons entitled to water;
   • (d) Whenever and so long as it may be necessary to stop the supply in order to prevent the wastage or misuse of water;
   • (e) Within the period fixed from time to time by the Divisional Canal Officer of which due notice shall be given;
   • (f) Whenever there is diminution in the supply of water in the irrigation work due to any natural or seasonal cause and so long as it is necessary to do so;
   • (g) For any reason beyond the control of the Divisional Canal Officer.
2. (2) No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of water from an irrigation work. Provided that the person suffering such loss may claim such remission of the charges payable for the use of the water as is specified by the State

Sale or sub-letting of right to use canal water

1. (1) Except with the permission of the Superintending Engineer no person entitled to use the water of any irrigation work shall sell or sub-let or otherwise transfer his right to such use or use it for unauthorised purposes. Provided that no permission shall be necessary for use of water for authorised purposes by a cultivating tenant of water supplied by the owner of a village channel for the irrigation of the land held by such tenant.
2. (2) Every right to supply of water for agricultural purposes to any land or other immovable property shall be attached thereto and shall be presumed to have been so transferred whenever a transfer of such land or immovable property takes place.

When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to apply only to such crop or crops.

irrigation On an application being made for a supply of water to be used for purposes other than those of irrigation, the Canal Officer may give permission for water to be taken for such purposes under such special conditions and restrictions as to the limitation and control of the supply as he shall think proper to impose in each case.

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State Government

1. (1) where the State Government is satisfied that, for the better cultivation oflands, and production of crops and due preservation and proper utilisation of water resources of any irrigation work, or in the public interest, it is expedient to regulate the kind of crops that should be sown, planted or grown on land under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, the State Government may, having regard to the soil characteristics, climate. rain rail and water available, by order in writing make a declaration to that effect. Such a declaration shall be given wide publicity in such manner by the Canal Officer authorised by the State Government as he may think fit.
2. (2) On such a declaration, the Canal Officer with the approval of the Superior Officer authorised by the State Government, may specify by notice published in such manner as may be determined by him, the kind of crops that shall be sown, planted or grown on the lands under the irrigable command of the irrigation work or any part thereof, the area of crops, and the periods during which such crops shall be sown, planted or grown. The Canal Officer shall, subject to the provisions of this Act, thereupon by order regulate the supply of water from the irrigation work for sowing, planting and growing such crops during the periods specified in the order.
3. (3) The State Government may, by notification in the Official Gazette, make rules for determining the crops, and the periods during which such crops may be sown, planted or grown and for regulating supply of water for the purpose. Such rules may provide for fixing the extent of irrigation for sowing, planting or growing different crops on the lands under the irrigable command on an irrigation work.
4. (4) On the publication of the notice under sub- section (2) no person shall sow, plant or grow or allow any crop, other that the crop or crops specified in such notice, to be sown, planted or grown on any land under the irrigable command of the irrigation work or any part thereof, specified in such notice and during the periods specified therein.
5. (5) Any person aggrieved by any notice given under sub-section (2), may, within,

thirty days from the date of publication of such notice, file an appeal before

such officer not below the rank of Superintending Engineer as the State government may appoint. The appellate Officer may on hearing the parties pass such order as he thinks fit; and thereupon, the notice shall stand modified to such extent as may be specified in the order.

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1. (6) The person, who has sown, planted or grown any unauthorised crop, or allowed any land to be sown, planted or grown with such unauthorised crop, shall -
   • (a) be liable for contravening the provisions of this section; and
   • (b) also be liable to pay such water rate, as may be prescribed by the State Government, not being less than five times and not exceeding ten times the water rates which he would otherwise have been required to pay in addition to any penalty he may incur under the Act for such unauthorised crop; Provided that if no water is utilised either directly or indirectly from the irrigation work for growing any crop, the provisions of sub- sections (4) and (6) shall not be applicable.

1. (1) Where in the opinion of the State Government an irrigation work is likely to irrigate lands not exceeding 200 hectares in an area as may be prescribed; the State Government may, in the public interest by notification prepare a draft scheme for supply of water from such irrigation works to such lands. The draft scheme shall provide for handing over the management of the irrigation work and distribution of water therefrom to the Water Committee appointed in this behalf.
2. (2) The draft scheme shall contain the following particulars:-
   • (a) the area to which the scheme is applicable;
   • (b) the survey number of lands included in such area and the names of owners and occupiers thereof;
   • (c) the period or periods during which water will be supplied to such lands;
   • (d) the crop or crops which will be permitted to be grown thereon;
   • (e) the water rate at which water may be supplied to such land included in the scheme;
   • (f) the amount to be paid by the State Government for the management of the irrigation work to the Water Committee; and
   • (g) fixing a period of not less than three months from the date of publication of such notification, for submission of objections or suggestions to such scheme.
3. (3) After the publication of such notification, it shall also be published by the Canal Officer duly empowered in this behalf as soon as practicable in the language of the residents of the area through which the irrigation work passes in such place or places and in such manner as he thinks fit for the information of the owners and occupiers who are likely to be affected by such notification. ဇထ
4. (4) After considering such objections and suggestions, if any, as may have been received with the period fixed as aforesaid, the State Government may, after making due inquiries, sanction the draft scheme with or without any notifications or may reject it.
5. (5) The scheme as sanctioned under sub-section (4) shall be published in the Official Gazette, and in the village and at the headquarters of the Block Office and of the district in which the lands included in the scheme are situated, in such manner as the State Government deems fit, and shall, on such publication, be final.

1. (1) The scheme shall come into force on such date as the State Government may, by notification, appoint.
2. (2) The scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provision of section 59
3. (3) The scheme may at any time be cancelled by the State Government by a notification.

1. (1) After a scheme has come into force under sub-section (l) of section 60, the State Government shall appoint a Water Committee to execute the scheme subject to the superintendence, direction and control of the Canal Officer appointed by the State Government for the purpose.
2. (2) The Water Committee shall consist of five persons or as may be prescribed, appointed from amongst the owners and occupiers of lands included in the scheme.
3. (3) The members may be appointed by the State Government or any officer thereof duly empowered by it in that behalf.
4. (4) The members of the Committee shall ordinarily hold office for a period of two years from the date of their appointment.
5. (5) The members of the Committee shall hold office at the pleasure of the State Government and the State Government may terminate the appointment of all or any of the members of the Committee at any time by an order in writing in that behalf.
6. (6) The Water Committee may meet from time to time, and may follow such procedure as it deems fit for the transaction, of its business,
7. (7) The Water Committee shall-
   • (a) manage the irrigation work and ensure proper distribution of water to the lands included in the scheme;
   • (b) decide the crops to be grown during any period or periods according to the provisions of the scheme:
   • (c) Carry out day to day maintenance and repair of the irrigation work; ဇဒ
   • (d) maintain the irrigation system of the irrigation work beyond the outlet in a fit state of supply of water;
   • (e) assist the Canal Officer-
     • (i) in detecting and preventing encroachment on the irrigation work and on the lands appertaining thereto;
     • (ii) for preventing damage to the irrigation work;
     • (iii) for repairing any damage caused to the irrigation work;
   • (f) have power to impose a penalty in the manner prescribed for unauthorised use of water, or use of water out of turn or for growing crops contrary to the provisions of the scheme;
   • (g) maintain accounts of the amount paid to it in such manner as may be prescribed.
8. (8) The penalty may consist of a fine not exceeding one thousand rupees.
9. (9) Any person aggrieved by the decisions of the Water Committee may within thirty days from the date of receipt of the decision of the Water Committee make an appeal to the Canal Officer or any officer duly empowered by the State Government for the purpose.
10. (10) The State Government may, not later than two years from the date of the order, call for and examine the record of any inquiry or proceeding underlying such order of the Water Committee, or of the officer appointed by it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed or as to the regularity of the proceeding, and it may pass any order upholding, annulling, modifying or reversing the order of the Water Committee or of any such officer: Provided that, no order affecting any person shall be made unless such person is given a reasonable opportunity of being heard.
11. (11) If at any time the State Government is of opinion-
    • (a) that the Water Committee has persistently made default in the performance of the functions imposed on it by or under this Act, or
    • (b) that the circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification, supersede the Water Committee for such period, not exceeding two years as may be specified in the notification : Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the Water Committee to show cause why it should not be superseded and shall consider the explanation and objection, if any, of the Water Committee.
12. (12) Upon the publication of a notification under sub-section (11) superseding the Water Committee-
    • (a) all the members shall, as from the date of supersession, vacate their offices as such; ဇဓ
    • (b) all the power, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Water Committee shall, until, the Water Committee is reconstituted under sub-section (13) be exercised, performed or discharged by the Canal Officer as the State Government may direct;
    • (c) all property owned or controlled by the Water Committee shall until the water Committee is reconstituted under sub-section (13) vest in the State Government.
13. (13) On the expiration of the period of supersession specified in the notification issued under sub- section (II), the State Government may-
    • (a) extend the period of supersession for such further term, not exceeding six months as it may consider necessary; or
    • (b) reconstitute the Water Committee by fresh appointment, and in such case any person who vacated his office under clause (a) of sub-section
14. (11) shall not be deemed to be disqualified for appointment: Provided that the State Government may at any time before the expiration of the period of supersession, whether originally superseded under sub-section (11) or as extended under this sub-section, take action under clause (b) of this sub-section. ဈင