Chapter II CONSTRUCTION, CONTROL AND MAINTENANCE OF IRRIGATION WORKS

4. Constructon, control and maintenance of irrigation works only with consent of Government and subject to conditions (1) No person shall construct, control or maintain wholly or partly any reservoir, tank, anicut, bandhara, pond, spring pond, canal, field channel, talaparige, channel or aquaduct except with the previous sanction of the State Government or such other authority as may be authorised by the State Government in this behalf and subject to such conditions as the State Government or such authority may impose: Provided that the State Government may entrust to a Water Users Society or Water Users Association control, maintenance and monitoring of any irrigation work either wholly or in part and thereupon such Water Users Society or Water Users Association shall be responsible for the control, maintenance and monitoring of such irrigation work. (2) Where the State Government is of the opinion that in the interests of proper irrigation from any irrigation work constructed or proposed to be constructed it is necessary to control the construction of wells in any area or areas, the State Government may by notification specify such area or areas; and thereupon no person shall within such area or areas construct any well except with the previous sanction of the State Government or other authority authorised by the State Government in this behalf, and subject to such conditions as the State Government or such authority may impose.

5. Notification to issue when water supply is to be applied for purposes of irrigation works. (1) Whenever it appears expedient to the State Government or any officer generally or specially authorised by it in this behalf, that the water of any river or stream flowing in a natural channel or of any lake or any other natural collection of still water, should be applied or used by the State Government for the purpose of any existing or proposed irrigation work, the State Government or the authorised officer may, by notification, declare that the said water will be so applied or used after a day to be specified in the said notification, not being earlier than three months from the date thereof. (2) At any time after the day specified under sub-section (1), the Irrigation Officer may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water, and for such purpose, may take with him or depute or employ such subordinates and other persons as he deems fit.

Whenever it shall be necessary to make any inquiry or examination in connection with a proposed irrigation work or with the maintenance of an existing irrigation work, the Irrigation Officer, or any person acting under the general or special order of such Irrigation Officer may,- (a) enter upon such land as he may think necessary for the purpose; and (b) exercise all powers and do all things in respect of such land as he might exercise and do, if the State Government had issued a notification under the provisions of section 4 of the Land Acquisition Act, 1894, to the effect that land in that locality is likely to be needed for a public purpose; and (c) set up and maintain water-gauges and do all other things necessary for the purpose of such inquiry and examination.

7. Power to inspect and regulate supply. The Irrigation Officer or any person acting under the general or special order of such Irrigation Officer, may enter upon any land, building or field-channel, for the purpose of inspecting or regulating the use of water supplied or of measuring the land, irrigated thereby or chargeable with a water rate, and of doing all things necessary for the proper regulation, maintenance and management of the irrigation work from which such water is supplied.

8. Power to enter for repairs and to prevent accidents. In case of any accident or damage being apprehended or occurring to an irrigation work, the Irrigation Officer, or

9. Notice to occupier. When an Irrigation Officer or any other person acting under his general or special order in this behalf, proposes, under the provisions of sections 6, 7 or 8, to enter into any building or enclosed court or garden attached to a dwelling house, which is not supplied with water from an irrigation work not adjacent to a flood-embankment, he shall previously give to the occupier of such building, court or garden such reasonable written notice as the urgency of the case may allow.

Suitable means of crossing canals and channels shall be provided at such places as the State Government or the Water Users Society or Water Users Association in respect of any irrigation work entrusted to it as the case may be thinks necessary for the reasonable convenience of the inhabitants of the adjacent land; and suitable bridges, culverts, or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal or channel.

11. Government may prohibit obstructions of rivers, etc., within certain limits. Whenever it appears to the State Government that injury to the public health, or public convenience, or to any irrigation work or to any land for which supply from an irrigation work is available, has arisen or may arise from the obstruction of any river, stream or natural drainage channel, the State Government may, by notification, prohibit within limits to be defined in such notification, or may, within such limits, order the removal or other modification of such obstruction; and thereupon so much of the said river, stream or natural drainage channel as is comprised within such limits, shall be deemed to be a drainage work as defined in section 2.

The Irrigation Officer may, after the publication of the notification under section 11, issue an order to any person causing or having control over any such obstruction to remove or modify the same within such period as may be specified in such order.

If within the period specified under section 12 such person does not comply with the order, the Irrigation Officer may cause the obstruction to be removed or modified and such person shall be liable to pay the expense of such removal or modification; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as an arrear of land revenue.

14. Construction of drainage works. Whenever it appears to the Water Users Society or Water Users Association in case of any irrigation work entrusted to it and in other cases to the State Government that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of any land, or that protection from floods or other accumulations of water or from erosion by a river is required for any land, the State Government or as the case may be, Water Users Society or Water Users Association in its discretion cause a scheme for such work to be drawn up and carried into execution, and the person authorised by the State Government or as the case may be, Water Users Society or Water Users Association to draw up and execute such scheme may exercise, in connection therewith, the powers conferred on Irrigation officers by sections 6, 7 and 8 and shall be liable to the obligations, imposed upon Irrigation Officers by sections 9 and 35.

15. Determination of the need for field-channels and their alignment in any area. (1) The Irrigation Officer on being satisfied that the construction of field-channels in any area is necessary in public interest for supply of water from an irrigation work to lands requiring such supply for purposes of cultivation, shall declare by notification that such field-channels may be constructed after a date to be specified in the notification, not being earlier than thirty days from the date of publication thereof. A copy of such notification shall be sent to the Tahsildar of the area for the publication in the villages concerned. (2) After the date specified in the notification under sub-section (1), the Irrigation Officer shall determine the suitable alignment for the field-channels and shall mark out the land, which in his opinion, it is necessary to occupy for the construction thereof. He shall forthwith publish a notification by affixture on the notice board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such notification to the Tahsildar for publication in every village through which the field-channel is taken and on such lands. He shall also send a copy of such notification to the Deputy Commissioner of every district in which such land is situated.

(1) On receipt of a copy of notification under section 15, the Deputy Commissioner shall issue notices to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving them a reasonable opportunity of being heard, if satisfied that such land is required for a field-channel, proceed to acquire and take possession of such land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been issued by State Government for the acquisition thereof under section 6 of that Act and as if the State Government had thereupon directed the Deputy Commissioner to take order for the acquisition of such land under section 7 of the said Act and as if the State Government had issued orders for immediate possession being taken under section 17 of the said Act. (2) Notwithstanding anything contained in the Land Acquisition Act, 1894, the acquisition of any land for the purpose of constructing a field-channel under section 15 shall be deemed to be for a public purpose.

17. Such acquired land to remain as property of Government. On possession of the land being taken, the Irrigation Officer shall fix the boundary marks in the prescribed manner, and thereupon ownership of such land shall vest in the State Government.

(1) Every user of the field-channel shall be bound,-(a) to maintain such field-channel in a fit state of repair for the conveyance of water; (2) Every user of a field-channel shall, subject to the provisions of Chapter IV, be entitled to have a supply of water by such field-channel on such terms as may be prescribed.

(1) If any user of field channel fails to fulfil any obligation imposed upon him by clause (a) of sub-section (1) of section 20, the Irrigation Officer may require him, by notice, to execute the necessary repair within a period to be specified in such notice, of not less than seven days, and , in the event of failure may execute the same, and except as hereinafter provided in this section, all expenses incurred in the execution of such repair shall be a sum due by such user to the State Government recoverable as an arrear of land revenue. Provided that in respect of an irrigation work entrusted to a Water Users Society such expenses shall be deemed to be dues by such user to a co-operative society and shall also be recoverable in accordance with the provisions of the Karnaatka Co-operative Societies Act, 1959.

26. Construction of field channel in lands acquired. After any land has been acquired under section 16 and has vested in the State Government under section 17, the Irrigation Officer shall construct the field channels necessary in the area.