Chapter XI WATER RATES AND TOLL

1. (a) water is supplied, made available or used for purposes of irrigation, municipal supply, industrial or commercial purposes from any irrigation work belonging to or constructed by, or on behalf of the State Government; and
2. (b) Water from any such work, by direct flow or percolation or by indirect flow, percolation or drainage from or through adjoining land, irrigate any land under cultivation or flows into a reservoir and there after by direct flow or percolation or by indirect flow, percolation, or drainage from or through adjoining land irrigates any land under cultivation and, in the opinion of the Divisional Canal Officer such irrigation is beneficial to crops on such land : the Government shall be entitled to levy a separate charge for such water hereinafter referred to as water rate and the Government may prescribe the rates at which such water rates shall be levied, which may be-
   • (i) different in respect of water supplied, made available or used having regard to the costs of operation and maintenance of irrigation or drainage work;
   • (ii) different in respect of water supplied made available or used for different purposes;
   • (iii) different in respect of water supplied, made available or used for irrigation of any land with reference to the crop or crops grown or which may be grown on such lands;
   • (iv) different in respect of the quantity and timelyness of supply of water or the number of watering.

The Canal Officer shall prepare an assessment of the water charges for the purposes in respect of which water was supplied, made available or used from an irrigation work, and serve the same on the owner or occupier.

An appeal against the assessment order of the Canal Officer shall lie to the

Divisional Canal Officer in the prescribed manner within twenty one days of the passing of the order.

As soon as an assessment is made under section 63 or where an appeal has

been preferred and disposed off under section 64, the Canal Officer shall

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serve a notice of demand in the prescribed manner for the amount of water

charges assessed.

Any person on whom a notice of demand has been served shall be liable to pay the same within the period prescribed in this behalf.

water If canal water is used in an unauthorised manner and if the person by whose act or neglect such use has occurred cannot be identified, the occupiers of the lands on which such water has flowed, if such lands, have received benefit therefrom, shall be liable to the charges made from such use as determined by the State Government. Explanation.- Water is said to be used in an unauthorised manner when it is taken from any canal, outlet or village channel or from the assured irrigable command area or probable irrigable command area in contravention of any

of the provisions of this act or the rules made under or of any order passed

by a Canal Officer in this behalf.

1. (1) If water supplied through a village channel be suffered to run to waste and if, after inquiry by the Canal Officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such village channel for the crop then on the ground shall be jointly liable for the charge made in respect of the water so wasted, as prescribed by the State Government.
2. (2) All questions arising under this and the last preceding section shall be decided by the Canal Officer, subject to the provisions of the Act.

All charges for the unauthorised use or for waste of water shall be deemed to be water rate due on the crop, and may be recovered as such water rate in addition to any penalties incurred on account of such use or waste.

The Canal Officer may enter into an agreement with any person for the collection and payment to the Government by such person of any sum payable under this Act by a third party.

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Tolls at such rates as shall be fixed in manner hereafter mentioned shall be

paid in respect of all vessels entering upon or passing along any of the lines of navigation subject to the provisions of this Act:

State Government may fix and alter rates of tolls The State Government may fix and, from time to time, alter the rates at which such tolls shall be levied.

Notification of the rates of toll and of the places of collection shaIl be exhibited to public view at every toll house in the Hindi language in

State Government to appoint person to collect tolls, who may farm collection

1. (1) The State Government shall appoint such person as it may think fit to collect tolls under this Act, and it shall be lawful for any person so appointed to farm the collection of tolls to any other person, with the sanction of the State Government or to employ any other person in such collection.
2. (2) The person to whom the collection of tolls may be farmed out, or who may be employed in the collection of them, shall have power to collect and be authorised to receive them in the like manner as any person appointed as aforesaid.

1. (1) If any toll due under the provisions of this Act in respect of any vessel shall not be paid, on demand to the person authorised to collect the same, it shall be lawful for such person to seize such vessel, and any furniture thereof, and to detains the same.
2. (2) Such person shall, within twenty four hours of such seizure and detention, report the same to the nearest Collector or Deputy Collector of the district in which the seizure has been made, or other public officer duly authorised by Government in that behalf.
3. (3) On receipt of this report the Collector, Deputy Collector or other officer as aforesaid shall publish a notice appointing a day for the sale of the said vessel and any furniture thereof.
4. (4) The sale shall be held at some period not less than fifteen days from the date of the publication of notice of sale; and if the toll and also ဈဇ any expenses occasioned by non- payment be not paid, or sufficient

cause for non-payment be not shown, at or before the time of sale to

the Collector, Deputy Collector or other officer as aforesaid, such officer shall sell the vessel and furniture seized, or so much thereof as may be necessary to pay the toll and also any expenses occasioned by non-payment.

1. (5) So much of the property seized as may not have been sold, and so much of the sale proceeds as may be in excess of the sum necessary for satisfying the toll and for defraying the expenses occasioned by non-payment, shall be returned to the person in- charge of the vessel. ဈဈ