Schedule

Sl. No. Name of district Name of Taluka Name of Village Survey No. Area marked out for construction of field channels 1 2 3 4 5 6 Canal-Officer Copy to:- 1. The Mamlatdar. 2. The Assistant Engineer ... Sub-Division ....... 3. The Collector ... District. 4. the Superintending Engineer ... Circle. ——— FORM 4 (See rule 8) Notice under Section 19. Office of the Canal-Officer To, Shri/Smt.... Whereas it has come to my notice that you have failed to fulfil the obligation imposed by sub-section (1) of section 18 of Goa, Daman and Diu Irrigation Act, 1973 to maintain the water-course or courses under outlet No. ... at Chain ... Distributary/SubDistributary/Water-Course No.... in a fit state of repair. Now, therefore, in exercise of the powers vested in me under section 19 of Goa, Daman and Diu Irrigation Act, 1973 (18 of 1973) I, ... Canal-Officer direct you to execute the necessary repair works within ... days, failing which the same will be executed by me and all expenses incurred in the execution of such repair will be recoverable from you as arrears of land revenue. Canal-Officer Copy to:- The Assistant Engineer. Manual of Goa Laws (Vol. II) – 746 – Irrigation Act and Rules FORM 5 [See rule 9 (3)] Application for water for Irrigation No. of application:— To, The Canal-Officer, ... ... I, ... resident of village ... Taluka ... District ... make this application of Irrigation of land hereinafter described subject to the provisions of Goa, Daman and Diu Irrigation Act, 1973 and any other law for the time being in force relating to irrigation and the provisions of Goa, Daman and Diu Irrigation Rules, 1975 and subject to the conditions specified on this application to which I agree:— Name of village Name of Distibutary Name of sub- -distributary Outlet No. Survey No. and sub- -survey No. Area of survey No. Area of holding Area to be irrigated Crop Period for which water is required 1 2 3 4 5 6 7 8 9 10 2. 1 am the ... of the lands for which water has been applied for. 3.-1 have paid all arrears of water rates upto and including the.... season of 19 ... I am in arrears of water-rates for the... only. 4. The name and address of the applicant to whom the orders on this application should be communicated are ... Signature or Left Hand Thumb Impression of the Applicant Date:— Signature of Witnes (All the details of the application have to be filled up) by the applicant. Forwarded for sanction as follows: (1) Area to be sanctioned (2) Period of sanction. From ... to ... (3) Water-rate to be charged ... per hectare ... Signature Dated:— Sanctioned Date:— Manual of Goa Laws (Vol. II) – 747 – Irrigation Act and Rules Instructions 1. The application is to be submitted in duplicate to the Canal-Officer or to any Officer authorised by him to receive such application. It may be sent by hand, presented personally or sent by post. 2. When order is passed the duplicate form will be returned to the applicant endorsed with the Canal-Officer’s final order. 3. No sanction will ordinary be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) The sole superior holder or all joint superior holders, (3) A person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction. 4. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. He must also state at No. 3 on the form the season upto and including which he has paid arrears of water-rates.— If he owes any water-rates he must state the seasons or years for which he does so. 5. The applicant should note in the space provided at No. 4 on the form the name and address of the person to whom the order of this form is to be given and whether it should be sent by post, or delivered from any Canal-Officer or kept at any Office to be called for, postal intimation being sent when it is ready for delivery. 6. Any applicant may be required to furnish a bond in Form 6 executed by two suitable sureties or execute a mortgage bond in Form 7 as security for the payment of all amount which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him. 7. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation. Conditions 1. After an application has been sanctioned, full water-rates shall be payable for the area and period sanctioned by the Canal-Officer whether the area is irrigated or not provided water was available during the period. No water-rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Canal-Officer within one month from the date of sanction to the application that water is not required. 2. Each type of crop (namely, sugarcane, pan ordinary perennial, two season and seasonal) shall be grown only to the extent of the sanction shown on the pass, but an equal area of any lower rated type may be substituted. 3. The area sanctioned shall not be exceeded. 4. The sanction is liable to be cancelled or the supply of any crop irrigated under the sanction liable to be withheld or stopped entirely without notice for breach of any provision of the Goa, Daman and Diu Irrigation Act, 1973 or rules made thereunder or of any of the conditions. 5. Water shall be given for the whole season, if available or at the discretion of the Canal- -Officer, for as many watering as may be possible. 6. Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the seasons for which application is made shall be given at earliest date possible. 7. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel to his land, if necessary along the line fixed by the Canal-Officer or his representative, for the benefit of irrigators whose fields are situated below his land. Manual of Goa Laws (Vol. II) – 748 – Irrigation Act and Rules 8. Water for any area of sugarcane sanctioned is subject to the conditions that water is liable to be withheld from new sugarcane area after 31st May, if necessary. Each consecutive watering after 31st May shall require the sanction of the Canal-Officer. Such sanction shall be accorded if water is available in the canal for agricultural purpose but if it is insufficient at any time of the season all further waterings may be stopped and the irrigator shall not in that case claim compensation for any damage to the sugarcane crop due to shortage of water . ——— FORM 6 [See rule 12(3)] Form of Security Bond Whereas ... resident of... Taluka... District..has applied for a supply of water to irrigate the land hereinbelow described, namely: Village Taluka Survey No. Plot No. Area of field to be irrigated Name of crop Period of irrigation 1 2 3 4 5 6 7 and whereas he has been required to furnish security for the payment of water rates and other charges:— We ... resident of... Taluka ... District ... and resident of ... Taluka ... District ... do here declare ourselves sureties for the above mentioned ... that he shall duly pay at the prescribed time or times every rate,charge, penalty or the sum whatsoever that shall become due from him in respect of the supply of water granted to him in pursuance of his said application, and in case of his making default therein we each of us, for himself his heirs, executors and administrators agree to pay to the President of India such sum not exceding in the aggregate rupees ... demanded of us, or of either of us, or of any heir, executor, or administrator of either of us, on account of any such rate, charge, penalty or other sum aforesaid. And we do further agree that the amount of any such rate, charge, penalty or other sum aforesaid may, if necessary be recovered from either of us or from any heir, executor or administrator of either of us, as if the same were an arrear of land revenue due from us, or either from us, to Government. Dated and signed this day of... 19 ........ in the presence of (1) ........ and (2) ................. 1. (Signature of surety) 2. (Signature of witness) (Signature of surety) (Signature of witness) Accepted. For and on behalf of the President of India. Manual of Goa Laws (Vol. II) – 749 – Irrigation Act and Rules FORM 7 [See rule 12(3)] This deed of Mortgage made on this ... day of... one thousand nine hundred and seventy ... between the President of India of the first part and Shri ... son of ... resident of... of the second part. Whereas Shri ... resident of .... Taluka District ... has applied for a supply of water from the ... canal to irrigate the land hereinbelow described, namely:— Village Taluka Survey No. Plot No. Area of field to be irrigated Name of crop Period of irrigation 1 2 3 4 5 6 7 And whereas the party of the second part has been required to furnish security for the payment of water-rates and other charges in respect of water supply. This Deed witnesseth and the parties hereto hereby agree— 1. That party of the second part hereby mortgages to the President the land herein below described to which he is absolutely entitled free of any encumbrance and of which he is the rightful owner. District Taluka Village Survey No. Plot No. Area of holding in the Survey No. Remarks 1 2 3 4 5 6 7 2. That the party of the second part hereby agree for himself, his heirs, executors and administrators that in the event of his failure, to pay any part of the said water-rate and other charges at the appointed time and place the President shall be at liberty to cause the said land to be sold and sale proceed to be applied in payment of the whole amount that may be outstanding from him at the time of sale in respect of the said supply of water. 3. That the party of the second part further agrees that it shall be lawful for the Government of Goa, Daman and Diu to cause the said land to be sold without the intervention of the Court under section 69 of the Transfer of Property Act, 1882, in case the said water-rate and other charges or any part thereof have not been paid by him within 3 months from the date on which a written notice is served on him after the later rate and other charges have become due. Manual of Goa Laws (Vol. II) – 750 – Irrigation Act and Rules In witness whereof the parties herein have set their hands to this deed on the ... day of ... Date and signed this ... Day of ... 19 ....... Signature and (name) 1. 2. Signature of witness (1) Signature of witness (2) Signed and sealed for and on behalf of the President of India by Shri ... ——— FORM 8 [See rule 36 (1)] Application for drawing of water free of charge for irrigation from Nalla, Rivers, Streams, etc. vesting in the Public Works Department on which Government has not incurred any expenditure. No. of application To, The Canal-Officer, ..................... I, .....resident of ... Taluka ... District ... make this application for the purpose of irrigation of the undermentioned land hereinafter described subject to the provisions of the Goa, Daman and Diu Irrigation Act, 1973 and Government orders issued thereunder from time to time for the supply of water from ... River ... Nalla ... Drain ... Tank and subject to the conditions specified on the reverse of this application to which I agree. I attach a plan herewith showing the land proposed to be irrigated by me. 2. I am the ... of the land for which water has been applied for above. 3. The name and address of person to whom and the manner in which the order on this application should be delivered are: Date Month Year Signature or left hand thumb impression of the applicant. Signature of the witness Signature or left hand thumb impression of the occupant or joint occupants or superior holder in cases in which the applicant is not the occupant or superior holder Manual of Goa Laws (Vol. II) – 751 – Irrigation Act and Rules Forwarded for sanction as follows:— (1) Area to be sanctioned. (2) Name of sanctioned crop. (3) Period of sanction. Hectares From to Sub-Divisional Officer Date Month Year Executive Engineer ... Sanctioned Canal Officer Note:- Details of security bond to be invariably furnished by non-owner applicants as per details below:— Name of sureties Survey No. of (1) Given a security as per Form 7 (2) Instructions 1. This form is to be used for the permission to supply water from rivers, rallas, streams, drains, tanks vesting in the Public Works Department on which no expenditure has been incurred by the Government. 2. This application shall be submitted in duplicate to the Canal-Officer or any officer authorized by him to receive such applications. It may be sent by hand, presented personally or sent by post. 3. This application shall be tendered three months in advance for the season in which the supply of water is required by the applicant. 4. No sanction will ordinary be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint holders, (3) a person having the right to carry on irrigation cultivation of the land for the period of the sanction or, (4) a person duly authorised on behalf of any of these to receive such sanction. 5. The applicant should submit a plan of the land in the survey No. or survey Nos. concerned alongwith the application. 6. The applicant must state in paragraph 2 in the form of application the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. He must also state in paragraph 3 in the said form the name of person and his address on which the sanction is to be communicated. Manual of Goa Laws (Vol. II) – 752 – Irrigation Act and Rules 7. On completion of the application and after due enquiry into the application, the Canal- -Officer having regard to the existing riparian rights of the cultivation on the source of water may be either sanctioned it fully or partly or reject it. In case the application is sanctioned a pass for the use of water shall be issued to the applicant. Such pass shall be valid only for the period specified. In case the application is rejected the duplicate copy of the application shall be returned to the applicant after stating reasons for rejection. 8. Sanctions shall be refused for the supply of water for growing crops where there is a danger of canal water being taken surreptitiously. Conditions 1. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions. 2. The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility. 3. Crops irrigated by the water supplied under Part IX of the Goa, Daman and Diu Irrigation Rules shall be separated from all crops irrigated by water supplied otherwise under the rules by at-least 15.00 meters at all places. 4. The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanctioned for his lands. 5. The area for which the water has been sanctioned by the Canal-Officer shall be marked on a plan which shall be signed by the applicant. 6. No claim for compensation on account of damage to crops due to the failure or deficiency of water shall be entertained. 7. For using water after the expiry of the period of the pass or without obtaining a pass for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water- -rate leviable and shall also be liable to the penalties imposed under the provisions of the Goa, Daman and Diu Irrigation Act, 1973 and the Rules framed thereunder. 8. No canal water shall be granted or utilised for the areas brought under cultivation under the pass. 9. Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water-rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorised irrigation under the Goa, Daman and Diu Irrigation Act, 1973 and Rules framed thereunder. 10. No water shall be taken by the applicant before his application has been sanctioned and before a pass has been delivered to him. By order and in the name of the Lt. Governor of Goa, Daman and Diu. W. Shaiza, Development Commissioner. Panaji, 5th August, 1976.