Irrigation and Drainage Act, Gujarat.Year 2013

1. (1) This Act may be called the Gujarat Irrigation and Drainage Act, 2013.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
4. (4) It shall apply to all the works constructed or maintained relating to irrigation by the State Government, State Government Institutions and Grant-in-Aid Institutions of the State and includes all services rendered thereof.

In this Act, unless the context otherwise requires, -

1. (1) "Appellate Authority" means Canal-Officer of the rank of the Executive Engineer of the concerned project or part of the project;
2. (2) "canal" includes --
   • (a) all canals, channels, water-courses, pipes and reservoirs constructed, maintained or controlled by the Government for the supply or storage of water;
   • (b) all works, embankments, structures and supply and escape-channels connected with such canals, channels, pipes or reservoirs; and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs;
   • (c) all field channels, drainage-works and flood embankments;
   • (d) river, stream, lake, natural collection of water or natural drainage-channels or any part thereof, to which the State Government may apply the provisions of section 4, or the water of which has been applied or used before the passing of this Act for the purpose of any existing canal;
   • (e) all lands belonging to the Government which

3. For carrying out the purposes of this Act, the State Government may by notification in the Officeial Gazette -

1. (a) appoint such officers not below the rank of Overseer or Additional Assistant Engineer as the canal-officer and assign to them such powers and such duties under this Act, as the State Government may deem fit and also specify the area of jurisdiction;
2. (b) authorise or empower the water users' association to appoint the office bearer of the Association to exercise such powers and perform such duties of the canal-officer, as the State Government may deem fit and also specify the area of jurisdiction.

4. Whenever it appears expedient or necessary to the Government that the water of any river or stream flowing in a natural channel, or of any lake or any other natural collection of still water, should be applied or used by the State Government for the purposes of any existing or projected canal, the State Government may, by notification in the Official Gazette, declare that the said water shall be so applied or used after such date as may be specified in the said notification, not being earlier than three months from the date thereof.

5. At any time after the date specified under section 4, any canal-officer duly empowered in this behalf may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water and for such purposes may take with him, or depute or employ, such employees and other persons as he deems fit.

6. Whenever it is expedient or considered necessary to make any inquiry or examination in connection with a projected canal, or with the maintenance of an existing canal, any canal-officer duly empowered, in this behalf, and any person acting under the general or special order of any such canal-officer may,-

1. (a) enter upon such land as he may think necessary for the purpose, and
2. (b) exercise all powers and do all things in respect of such land as if the State Government had issued a notification under the provisions of section 4 of the Land Acquisition Act, 1894 to the effect that such land in that locality is likely to be needed for the public purpose, and
3. (c) set up and maintain water-gauges and do all other things necessary for the prosecution of such inquiry and examination.

7. Any canal-officer or any person acting under the general or special order of any such canal-officer, may enter upon any land, building or water-course, in respect of which any water-rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the land irrigated thereby or chargeable with a water-rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied.

8. In case of any accident being apprehended or happening to a canal, any such canal-officer, may enter upon any land adjacent to such canal, and may take away trees and other materials, and execute all works, which may be necessary for the purpose of preventing such accident or repairing any damage done.

9. When a canal-officer or other person proposes, under section 6, 7 or 8, to enter into any building or enclosed court or garden attached to a dwelling-house, not supplied with water from a canal, and not adjacent to a flood-embankment, he shall give prior notice to the occupier of such building, court or garden, as the urgency of the case may allow.

10.

1. (1) The crossing canals shall be provided at such places as the Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent land, and suitable bridges, culverts or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal.
2. (2) The Government may approve the crossing of canal systems by all types of utility lines, if it deems fit, after obtaining necessary deposits, rent, maintenance and repair charges and other applicable charges.
3. (3) The Government may approve the crossing of natural drain, diversion of natural drain by earthen bund or by any means if it deems fit.

11.

1. (1) Whenever it appears to the State Government that injury to the public health, or public convenience, or to any canal or to any such land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, it may, by notification in the Official Gazette, prohibit, within the limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction.
2. (2) On publication of the notification under sub-section (1), the said river, stream or natural drainage channel, as is comprised within such limits, shall be held to be a drainage work as defined by clause
3. (4) of section 2.

12. Any canal-officer may, after publication of the notification under sub-section

1. (1) of section 11, by an order, direct to any person causing or having control over any such obstruction to remove or modify the same within such time as may be specified in such order.

13. If within the time specified under section 12 such person does not comply with the order, the canal-officer may cause the obstruction to be removed or modified at the cost of such person; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable by the Collector as an arrear of land-revenue.

14.

1. (1) Whenever it appears to the State Government that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of any land, or that protection from floods or other accumulations of water, or from erosion by a river, is required for any land, the State Government may cause a scheme for such work to be drawn up and carried into execution.
2. (2) The person authorised by the State Government may authorise any person to draw up and execute the scheme referred to under sub-section
3. (1) and thereupon such person may exercise in connection therewith the powers conferred on canal-officer under sections 6, 7 and 8 and shall be liable to the obligations imposed upon canal-officer under sections 9 and 22.

15.

1. (1) Where there does not exist field channel in any service area in which lands are capable of being irrigated from a canal, the State Government may construct the field channel in the public interest at the cost of the State Government, which is likely to be needed for construction of proposed field channel.
2. (2) The field channel constructed by the State Government under sub-section
3. (1) shall be maintained in accordance with the rules as may be prescribed.

16.

1. (1) Every person desiring to have a supply of water from a canal shall submit a written application to that effect to the canal-officer, in such form along with such fees as may be prescribed.
2. (2) The provisions of sub-section
3. (1) shall not apply to the projects or part of the project where the minor canal service area is declared and implemented under section 3 of the PIM Act, 2007.
4. (3) On receipt of an application made under sub-section (1), the canal-officer may grant permission for water to be taken subject to such conditions and restrictions, as to the limitation, control and measurement of the supply to impose in relation to the use of water for any particular purpose as may be prescribed.

17. The supply of water to any field-channel or to any person who is entitled to such supply shall not be stopped except –

1. (a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by canal-officer;
2. (b) whenever and so long as any field-channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water therefrom;
3. (c) whenever and so long as it is necessary to do so in order to supply in rotation, the legitimate demands of other persons entitled to water;
4. (d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;
5. (e) within the periods fixed from time to time by a canal-officer of which due notice shall be given;
6. (f) whenever and so long as it is necessary to stop such supply pending a change in the source thereof by a canal-officer;
7. (g) in accordance with the condition, if any, providing for stoppage of water supply, subject to which permission for water supply to be taken may have been given.

18. When canal-water is supplied for the irrigation of one or more crops only, the permission to use such water shall continue until such crop or crops come to maturity, and shall be valid only for such crop or crops.

19.

1. (1) Every agreement for the supply of canal-water to any land, building or other immovable property shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such land, building or other immovable property takes place.
2. (2) No person entitled to use of any work or land appertaining to any canal and except in the case of any such agreement as aforesaid, no person entitled to use the water of any canal, shall sell or sub-let or otherwise transfer, his right to such use without the permission of a canal-officer.

20. Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by or under this Act, which is capable of being ascertained and estimated at the time of awarding such compensation:

Provided that no compensation shall be awarded in respect of any damage arising from -

1. (a) deterioration of climate, or
2. (b) stoppage of navigation, or the means of rafting timber or of watering cattle, or
3. (c) stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 4, if no use has been made of such supply within the five years prior to the date of issue of the notification under section 4, or
4. (d) failure or stoppage of the water in a canal, when such failure or stoppage is due to-
   • (i) any cause beyond the control of the State Government,
   • (ii) the

21. No claim for compensation under this Act shall be entertained after the expiration of twelve months from the time when the damage complained has commenced, unless the Appellate Authority is satisfied that the claimant had sufficient cause for not making the claim within such period.

22. In every case of entry upon any land or building under section 5, 6, 7 or 8, the canal-officer or person making the entry shall ascertain and record the extent of the damage, if any, caused by the entry, or in the execution of any work, to any crop, tree, building or other property. The canal officer shall within one month from the date of such entry tender the compensation to the land holder or owner of the property damaged.

Compensation on account of interruption of water-supply. 23. If the supply of water to any land irrigated from a canal is interrupted otherwise than in the manner described in clause

1. (d) of section 20, the holder of such land may prefer an appeal for compensation to the Appellate Authority for any loss arising from such interruption, and the Appellate Authority, after consulting the canal-officer shall award to the applicant reasonable compensation for such loss.

24. The decision of the Appellate Authority under section 22 or 23 as to the amount of compensation to be awarded, or, if any rule framed under section 47, the decision of the appellate authority in the matter prescribed under section 47 shall be conclusive and final.

25. As soon as practicable after the issue of a notification under section 4, the Collector shall cause a public notice to be given at convenient places, stating that the Government intends to apply or use the water as aforesaid, and that claims for compensation may be made before him.

Claim to be referred to Collector.

Provisions of Land Acquisition Act, 1894 to apply in inquiry and award.

1. (1) The Collector shall inquire into every such claim and determine the amount of compensation, if any, which may, in his opinion be given to the claimant, and shall make an award.
2. (2) Every award made under sub-section
3. (1) shall be in the form of award declared under section 26 of the Land Acquisition Act, 1894, and the provisions of the said Act shall so far as may be, apply to the inquiry and the making of an award under sub-section (1).

In determining the amount of compensation under section 27, regard shall be had to the diminution in the market-value, at the time of awarding compensation, of the property in respect of which compensation is claimed.

Compensation when due and interest thereon.

1. (1) All sums of money payable for compensation awarded under section 27 shall be due three months after the claim for such compensation was made.
2. (2) Simple interest at the rate of six per cent. per annum shall be allowed on any such sum remaining unpaid after the said three months, except when the non-payment of such sum is caused by the neglect or refusal of the claimant to apply for or receive the same.

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.

37. Whoever voluntarily and without proper authority-

1. (i) damages, alters, enlarges or obstructs any canal;
2. (ii) interferes with, or increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal, or by any means raises or lowers the level of the water in any canal;
3. (iii) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;
4. (v) destroys, defaces or moves any land or level mark or water gauge fixed by the authority of a public servant;
5. (v) destroys, tampers with, or removes any apparatus or part of any apparatus, for controlling, regulating or measuring the flow of water in any canal;
6. (vi) passes or causes animals or vehicles to pass, in or across any of the works, banks or channels of a canal contrary to the rules made under this Act, after he has been desired to desist therefrom;
7. (vii) causes or knowingly and wilfully permits cattle to graze upon any canal or flood-embankment, or tethers or causes or knowingly and wilfully permits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or embankment;
8. (viii) neglects, without reasonable cause to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do;
9. (ix) violates any rule made under this Act for breach thereof; shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, 1860 on conviction before a Magistrate, be punished for each of such offences with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both.

38. Whoever without proper authority-

1. (i) pierces or cuts through or attempts to pierce or cut through or otherwise damage, destroy or endanger the stability of any canal;
2. (ii) opens, shuts or obstructs or attempts to open, shut or obstruct any sluice in any canal;
3. (iii) makes any dam or obstruction for the purpose of diverting or opposing the current of a river or canal on the bank whereof there is a flood embankment or refuses or neglects to remove any such dam or obstruction when lawfully required so to do, shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code, 1860 on conviction before a Magistrate of the First Class, be punished for each of such offences with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

39. Whenever any person is convicted under section 37 or 38, the Magistrate may order that he shall remove the obstruction or repair the damage in respect of which the conviction is held, within a period to be fixed in such order. If such person neglects or refuses to obey such order within the period so fixed, the canal-officer duly empowered in this behalf may remove such obstruction or repair such damage and the cost of such removal or repair, as certified by the said officer, shall be leviable from such person by the Collector, as an arrear of land revenue.

40. Any person in-charge of or employed upon any canal may remove from the lands or buildings belonging thereto, or may take into custody without a warrant and take forthwith before a magistrate or to the nearest police-station, to be dealt with according to law, any person who within his view,

1. (i) wilfully damages, obstructs or fouls any canal, or
2. (ii) without proper authority interferes with the supply or flow of water in or from any canal or in any river or stream so as to endanger, damage, make dangerous or render less useful any canal.

41. Nothing herein contained shall prevent any person from being prosecuted under any other law for any act or omission made punishable by this Act:

Payment of fine as award to informant. 42.

1. (1) Whenever any person is fined for an offence under this Act, the Court which imposes such fine, or which confirms in appeal or revision a penalty of such fine, or a sentence of which such fine forms part, may direct that the whole or any part of such fine may be paid by way of award to any person who furnished information leading to the detection of such offence or to the conviction of the offender.
2. (2) If such fine is awarded by a Court whose decision is subject to appeal or revision, the amount awarded shall not be paid until the period prescribed for presentation of the appeal has lapsed, or if an appeal be presented till the appeal is decided.

46. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the Government for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule, notification made or issued thereunder.

51.

1. (1) Where a holder of any agricultural land desires to construct therein any tubewell, artesian well or borewell, exceeding the depth as prescribed for extracting ground water, he shall make an application to the canal-officer having jurisdiction for the grant of a licence.
2. (2) The application under sub-section
3. (1) shall be in such form, shall contain such particulars and shall be accompanied with such fees as may be prescribed.
4. (3) On receipt of an application made under sub-section (1), the canal-officer may, after making such inquiry as he thinks fit and having regard to the availability and quality of ground water and the density of wells in the area in which the tubewell, artesian well or borewell, as the case may be, is proposed to be constructed and such other relevant factors as the circumstances of the case may require, by order, grant or refuse to grant the licence applied for: Provided that before refusing to grant the licence, the applicant shall be given a reasonable opportunity of being heard in the matter: Provided further that where the canal-officer to whom an application has been made under sub-section
5. (1) fails to inform the applicant of his decision on the application within a period of three months from the date of receipt of the application, the licence shall be deemed to have been granted to the applicant.
6. (4) The licence granted or deemed to have been granted under sub-section
7. (3) shall be in such form as may be prescribed and shall be subject to such terms and conditions as may be specified therein, including conditions relating to the maintenance of the well.

52. Where any tubewell, artesian well or borewell is in existence in an agricultural land at the commencement of this Act and the depth of such well is in excess of depth as prescribed, then the holder of the agricultural land shall, within three months from such commencement, furnish information in respect of the well to the canal-officer having jurisdiction, in such form as may be prescribed and on receipt of the information, the canal-officer shall if he is satisfied that the well was in existence at such commencement, grant to the holder of land a certificate in the prescribed form to the effect that the said well was in existence at such commencement.

53. If the canal-officer is satisfied either on a reference made to him in this behalf or otherwise that-

1. (a) any licence granted under section 51 has been obtained by fraud or misrepresentation as to an essential fact, or
2. (b) the holder of a licence has, without reasonable cause, failed to comply with the terms and conditions subject to which the licence has been granted, or has contravened any of the provisions of this Chapter or the rules made under section 57, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Chapter, the canal-officer may after giving the holder of the licence an opportunity of showing cause, by order, cancel the licence.

56. If any person contravenes the provisions of section 50 or 52, or the rules made under section 57 in respect of the construction or maintenance of tubewells or any of the terms and conditions specified in a licence granted under section 51 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

57 .(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the form of application for grant of licence under sub-section
2. (2) of section 51, the particulars to be contained in such application and the fees to be accompanied with such application;
   • (b) the form of licence and terms and conditions for grant of licence under section 51;
   • (c) the form for furnishing information by the holder of an agricultural land and the form of certificate under section 52;
   • (d) the manner of preferring appeal and the fees payable with such appeal under section 54;
   • (e) the depth of the tubewells, artesian wells or borewells which shall not exceed for extracting ground water, and the rules for construction thereof under section 50; and also the terms and conditions for issuance of licence therefore;
   • (f) any other matters which is required to be, or may be, prescribed under this chapter.
3. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publicaton: Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rules to be made under this section.
4. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
5. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

58.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
2. (2) Every order made under sub-section
3. (1) shall be laid as soon as may be after it is made, before the State Legislature.

59. The State Government may from time to time, issue such directions not inconsistent with the provisions of this Act, to any canal-officer or other officers, as it may deem fit, for the purpose of carrying out the provisions of this Act, or the rules or orders made thereunder and the officers shall bound by such directions.