Vidhi Codex

Bare Act

The Jammu and Kashmir Irrigation Act, 1978

Infrastructure197899 sections

The Jammu and Kashmir Irrigation Act, 1978, establishes a comprehensive legal framework for the management, regulation, and maintenance of irrigation systems across the state. It empowers the government to control water sources, construct and maintain irrigation infrastructure like canals, dams, and reservoirs, and regulate water distribution for agricultural and other purposes. The Act defines the roles of various officials, such as Canal Officers and Zilladars, who oversee water supply, resolve disputes, and manage land acquisition. It also introduces financial mechanisms like water rates and betterment levies to fund these services, while setting strict penalties for unauthorized water use, damage to infrastructure, or pollution.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. The application of water for public purposes of irrigation works
  4. 4. Powers of entry on laud etc.
  5. 5. Power to enter and survey etc.
  6. 6. Power to enter upon land, building etc. for inspection
  7. 7. Power to enter for repairs and to prevent accidents
  8. 8. Power to regulate floods
  9. 9. Notice to an occupier of building, court etc.
  10. 10. Canal crossings
  11. 11. Acquisition of land
  12. 12. Assessment of amount of compensation
  13. 13. Preparation of draft scheme
  14. 14. Publication of the scheme
  15. 15. Acquisition of land
  16. 16. Implementation of scheme
  17. 17. Maintenance of water courses
  18. 18. Persons using water course to construct works
  19. 19. Protection of water courses against demolition etc.
  20. 20. Adjustment of claims between persons jointly using water course
  21. 21. Supply of water through intervening water course
  22. 22. Application for transfer of existing water course
  23. 23. Objections to transfer applied for
  24. 24. Transfer of field channel to the applicant
  25. 25. Procedure when objection is held valid
  26. 26. Procedure when Tehsildar disagrees with Canal Officer
  27. 27. Expenses to be paid by the applicant before transfer of field channel
  28. 28. Conditions binding on applicant
  29. 29. Construction and maintenance of field channel
  30. 30. Maintenance of field channels
  31. 31. Acquisition of land for construction of field channels
  32. 32. Use of land acquired under this Act
  33. 33. Preparation of draft scheme in culturable commanded area
  34. 34. Bar of civil courts jurisdiction
  35. 35. Application of the provisions of Chapter IV
  36. 36. Supply of water from irrigation work
  37. 37. Regulation of water supply from irrigation works
  38. 38. Application for permission to use water from an irrigation work
  39. 39. Non-supply of water in certain circumstances
  40. 40. Sale or subletting of right to use water of irrigation work
  41. 41. Supply of water for irrigation of one or more crops
  42. 42. Power to prescribe the kind of crop to be grown under the irrigation area
  43. 43. Preparation of draft schemes for supply of water from irrigation work
  44. 44. Enforcement variation and cancellation of the scheme
  45. 45. Constitution, functions and supersession of Water Committee
  46. 46. Levy of water rates
  47. 47. Procedure for assessment
  48. 48. Appeal
  49. 49. Notice of demand
  50. 50. Payment of water rates
  51. 51. Liability when the person using water unauthorisedly cannot be found or when water runs waste
  52. 52. Water rate by whom payable when charged on land held by several owners
  53. 53. Levy of betterment charges
  54. 54. Determination of betterment charges
  55. 55. Recovery of betterment charges
  56. 56. Levy of project participation charges
  57. 57. Enforcement of the provisions of this Chapter
  58. 58. Procedure for obtaining labour for works urgently required
  59. 59. Preparation of list of persons liable to carry out duties
  60. 60. Requisition of materials
  61. 61. Drainage and Prevention of Water Lodging
  62. 62. Power to prohibit obstructions
  63. 63. Power to remove obstructions after prohibition
  64. 64. Preparation of schemes for drainage works
  65. 65. Scheme for field drains
  66. 66. Compensation for damage caused consequent on the exercise of powers couriered in this Act
  67. 67. Limitation of claims
  68. 68. Compensation for damage caused by entry on land
  69. 69. Claims to be preferred to the Divisional Canal Officer
  70. 70. Appeal
  71. 71. Compensation when due and interest payable
  72. 72. Power of Canal Officer to order use of distribution of water
  73. 73. Limitation in respect of irrigation works
  74. 74. Power to remove encroachment
  75. 75. Obligation of owners in respect of works effecting safety of canals
  76. 76. Prohibition to conduct operations near irrigation work
  77. 77. Fishing and plying of boats, etc.
  78. 78. Letting out of water from canal prohibited
  79. 79. Prohibition to abstract water from irrigation works
  80. 80. Depositing produce of mines in or near channels prohibited
  81. 81. Discharge of sewage or trade effluent in the water of irrigation work prohibited
  82. 82. Offence under the Act
  83. 83. Person convicted under section 84 liable to repair of damage etc.
  84. 84. Abetment
  85. 85. Punishment under other laws not barred
  86. 86. Offence under this Act to be cognizable
  87. 87. Power to remove obstruction or damage to work
  88. 88. Payment of fine as reward to informant
  89. 89. Offence by a Company
  90. 90. Power to impose fine
  91. 91. Recovery of cost of repairing damage when the offender is unascertainable
  92. 92. Recovery of sums
  93. 93. Appointment of officers and inspection of irrigation works
  94. 94. Power to summon and examine witnesses
  95. 95. Bar of certain proceedings etc.
  96. 96. Village Panchayats
  97. 97. Formation of farmers co-operative societies
  98. 98. Power to make rules
  99. 99. Repeal and saving

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