Vidhi Codex

section 58

Application for permission to use water from an irrigation work.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
General2010202 sections
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Statutory text
  1. (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 57, shall make a written application to that effect to the Assistant Executive Engineer concerned, subject to any general or special order made by the Authority determining the extent of land for which water can be made available from such irrigation works, and the Assistant Executive Engineer may, if in his opinion such supply can be made without detriment to the supply of water to lands to which supply of water is regulated under section 57, order the supply of water for a period not exceeding six years subject to such conditions as may be specified in such order.
  2. (2) If after 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 Assistant Executive Engineer, shall be forwarded to the Executive Engineer concerned who shall take steps to include the land in the area to which supply of water is regulated by section 57.
  3. (3) The water usage charges for the use of water for temporary cultivation under sub-section (1) shall be the normal water usage charges.
  4. (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 authorised by the Government in this behalf, the Executive Engineer may, without detriment to the supply of water to lands to which supply of water is regulated under section 57, grant permission for water to be taken from an irrigation work, for use of domestic purposes, gharats, fish or cattle ponds and industrial purposes.
  5. (5) If any person uses water from irrigation work without obtaining the permission required under this section, he shall, in addition to any penalty that he may incur under the Act for such unauthorised use of water, be liable to pay water usage charges at such rate as may be calculated by the Executive Engineer.

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