Chapter VI WATER RATES

1. (1) The State Government may determine the rates leviable for canal-water supplied for purposes of irrigation, or for other purposes.
2. (2) In case the construction of a new canal or to the improvement or extension of an existing canal, the amount or duration of any water-supply, in respect of which either no revenue or a fixed amount of revenue has hitherto been paid to the State Government, is increased, rates shall be leviable under this section in respect of the increased water-supply only.
3. (3) The rates shall be payable by the person on whose application the water supply was granted, or by any person who uses the water so supplied.

31. If water supplied through a field-channel be used in an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified -

1. (i) the person or all the persons on whose land such water has flowed, if such land has derived benefit therefrom, or
2. (ii) if no land has derived benefit therefrom, the person, or all the persons chargeable in respect of the water supplied through such field-channel, shall be liable, or jointly liable, as the case may be, for the charges which shall be payable for such use as may be prescribed.

32.

1. (1) If water supplied through a field-channel be suffered to run to waste, and if, after inquiry, the person through whose act or neglect such water was suffered to run waste cannot be discovered, the person or the persons in-charge of the water supplied through a field-channel shall be liable, or jointly liable, as the case may be, for payment of such charges as may be prescribed which shall be made in respect of the water so wasted.
2. (2) All questions arising under sections 31 and 32 shall, subject to the provisions of section 43, be decided by the respective canal-officer.

33.

Land deriving benefit from percolation liable to payment of water rate. 34. If it appears to a canal-officer-

1. (i) that any cultivated land within two hundred meters of any canal receives, by percolation or leakage from such canal, an advantage equivalent to that which would be given by a direct supply of canal-water for irrigation, or
2. (ii) that any cultivated land, wherever situate, derives by a surface-flow or by means of a well-sunk within two hundred meters of any canal after the admission of water into such canal, a supply of water which has percolated or leaked from such canal, he may charge on such land a water-rate not exceeding that which would ordinarily have been charged for a similar direct supply to land similarly cultivated. Explanation.- For the purposes of this Act, land charged under this section shall be deemed to be land irrigated from a canal.

35. If it appears to a canal-officer to enforce the provisions of this section that any natural stream, artificial drain or well sunk within two hundred meters of any canal is deriving percolation water from such canal, and the water from such stream, drain or well is used for the purposes other than those of irrigation, he may charge for use of such water, a water rate not exceeding that as would ordinarily have been charged if the supply had been made from the canal for such purposes.

36.

1. (1) Every water-rate leviable or charged under this Act shall be payable in such installments and on such dates and to such officers and in such manner as may be prescribed; and if the person who is liable to pay such installments, makes default in such payment on the date when it becomes due, he shall be liable to pay interest at such rate and within such period as may be prescribed.
2. (2) Any such rate of the installment specified in sub-section
3. (1) or the interest which is not paid on the date when it becomes due shall be deemed to be an arrear of land revenue due on account of the land for the use of which canal-water was supplied or which was benefited by percolation or leakage from any canal and shall be recoverable as such arrear by any of the methods specified in section 150 of the Gujarat Land Revenue Code, 1879, including the forfeiture of the said land.
4. (3) Any rent payable to the owner of a field-channel by a person authorised to use such field-channel may be paid in such installments and on such dates as the canal-officer shall direct and no more of such rent shall at any time be payable to the owner thereof than it is actually recovered from the person liable to pay. (4)
   • (a) Any other sum due to the State Government or to a canal-officer under the provisions of this Act whether on behalf of the State Government or any other person under this Act which is not paid when demanded shall, and
   • (b) any rent or installment thereof payable to the owner of a field-channel, which is not paid when it becomes due may, on behalf of the owner, be recoverable as an arrear of land revenue in accordance with the provisions of the Gujarat Land Revenue Code, 1879.