Power to prescribe the kind of crop to be grown under the irrigation area.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010

General2010202 sections

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Statutory text

(1) Where the Executive Engineer is satisfied that for the better cultivation of lands, or for better production of crops, or for preservation and proper utilisation of water resources or any irrigation work it is expedient to identify the kind of crops that should be sown, planted or grown on lands under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, he may, with the agreement of the Chief Agriculture Officer concerned having regard to the soil characteristics, climate, rainfall and availability of water, by order in writing, make a declaration to that effect. Such a declaration shall be given wide publicity in such manner as the Executive Engineer may think fit.
(2) On a declaration being made under sub-section (1), the Assistant Executive Engineer concerned may specify, by notice, the kind of crops that shall be sown, planted or grown on the lands under the irrigable command of the irrigation work or part thereof, the area of crops, and the period during which such crops shall be sown, planted or grown.
(3) The Assistant Executive Engineer shall, subject to the provisions of section 59, thereupon by order regulate the supply of water from the irrigation work for sowing, planting or growing such crops during the periods specified in the order.
(4) On the publication of the notice under sub-section (2), no person shall sow, plant or grow or allow to be sown, planted or grown any crop other than the crop specified in such notice on any land under the irrigable command of the irrigation work or part thereof specified in such notice and during the periods specified therein.
(5) Any person aggrieved by a declaration made under sub-section (1) or any notice given under sub-section (2) may, within thirty days from the date of such declaration or notice, as the case may be, file an appeal before the Superintending Engineer, who shall, after hearing the parties, pass such order as he thinks fit.
(6) The person, who has sown, planted or grown any unauthorised crop or allowed any land to be sown, planted or grown with such unauthorised crop shall, in addition to the penalty that he may have incurred under the Act for such contravention, be liable to pay such water usage charges as may be assessed by the Executive Engineer concerned.

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