section 46
Levy of water rates
The Jammu and Kashmir Irrigation Act, 1978Whenever— (a) water is supplied, made available or used for purposes of irrigation or for purposes other than irrigation from any irrigation work belonging to the Government or constructed or maintained by or on behalf of the Government or through moisture retained for the irrigation of the preceding crop; and (b) water from any such work, by direct flow or percolation or by indirect flow, percolation drainage from or through adjoining land, irrigates any land under cultivation or flows into a reservoir and thereafter by direct flow or percolation or by indirect flow-percolation or drainage from or through or adjoining land irrigates any land under cultivation and, in the opinion of the Canal Officer or Zilladar such irrigation is beneficial to crops on such land; the Government shall be entitled to levy a separate charge for such water hereinafter referred to as water rate and the Government may prescribe the rates at which such water rates shall, be levied, which may be— (i) different in respect of water supplied, made available or used having regard to the costs of operation and maintenance of irrigation or drainage-work; (ii) different in respect of water supplied, made available or used for different purposes; (iii) different in respect of water supplied, made available or used for irrigation of any land with reference to the crops grown or which may be grown on such lands; (iv) different in respect of the quantity and timeliness of supply of water or the number of watering.
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