Application for permission to use water from an irrigation work

(1) Any person desiring to have supply of water from an irrigation work for irrigating land not included in any area to which supply of water is regulated under section 37, shall make a written application to that effect to the Zilladar subject to any general or special order made by the Government determining the extent of lands for which water can be made available from such irrigation works such officer may, if in his opinion such supply can be made without detriment to the supply of water to lands included in any areas to which supply of water is regulated under section 37, order the supply of water and for such period not exceeding six years subject to such conditions as may be specified in such order.

(2) If after a period of six successive years of supply of water made to any land referred to in sub-section (1), the occupier, owner or beneficiary of such land applies for the supply of water being made permanent, such application, with the opinion of the Zilladar, shall be forwarded to the Canal Officer concerned who shall take steps to include the land in the area to which supply of water is regulated by section 37.

(3) The water rate leviable for the use of water for temporary cultivation under sub-section (1) shall be the normal water rate.

(4) With the sanction of and subject to such conditions, payments and restrictions, as may be imposed by the Government or such officer as may be authorized by the Government in this behalf, the Superintending Canal Officer may, without detriment to the supply of water to lands included in any area to which supply of water is regulated under section 37 give permission for water to be taken from an irrigation work, for use for domestic purposes, gharats, fish/ cattle ponds and cottage industries.

(5) If any person uses from an irrigation work without obtaining the permission required under this section, he shall in addition to any penalty he incurs under this Act, for such unauthorised use of water, be liable to pay water rate at such rate as may be determined by the prescribed officer not being less than ten times and not exceeding thirty times the normal rate he would otherwise have been required to pay, had he applied for and obtained the permission.