Compensation for damage caused consequent on the exercise of powers couriered in this Act

Compensation may be awarded in the event of only substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained: Provided that no compensation shall be so awarded in respect of any damage arising from— (a) deterioration of climate or soil; or (b) stoppage of navigation or of the means of floating timber of watering cattle; or (c) stoppage or diminution of the supply of water in consequence of the exercise of the power conferred by section 3, if no use has been made of such supply within five years immediately before the date of issue of the notification under section 3; or (d) failure or stoppage to any water in an irrigation work where such failure or stoppage is due to— (i) any cause beyond the control of the Department; (ii) the execution of any repairs, alterations or additions to the irrigation work; (iii) any measures considered necessary by the Divisional Canal Officer, for regulating the proper flow of water in the irrigation work or for maintaining the established course of irrigation; or (iv) circumstances mentioned under clauses (a) to (g) of section 39: Provided further that any person who suffers loss from any stoppage or diminution of water supply to his lands due to any of the causes named in clause (d) of the preceding provision shall be entitled to such remission of the water rate payable by him as may be authorized by the Government.