Chapter IX SAFEGUARDS FOR IRRIGATION WORKS

1. (1) No person shall occupy any irrigation land for cultivation or for any other purpose and the irrigation officer shall take all necessary steps to remove encroachment on such lands. Explanation:—For the purposes of this sub-section 'irrigation land' means any land owned, controlled or maintained by Government for the purposes of an irrigation work but shall not include a poramboke.
2. (2) The Government may declare any project area or any irrigation land or part thereof as protected area and entry to such area shall be restricted by the concerned officers.
3. (3) No person shall let out any industrial effluent or domestic effluent to any water course without proper treatment. 1[(4) No person shall deposit or cause to deposit rubbish or filth or excreta or any other waste materials in any distributary system or water course or allow to flow waste water into it or pollute the water in any other way.]

No person shall,

except with the written permission of the Irrigation Officer, obstruct the proper functioning of the various cross drainage works, such as culverts, aqueducts, super passages, siphons, weirs and allied works constructed by or with the aid of Government for the safety of canals or channels.

1. (1) Every owner of land whose tank, well, pond or other reservoir is situated above the level of any irrigation work, shall maintain the bunds and surplussing arrangements of such tank, well, pond or other reservoir in the safe and efficient condition.
2. (2) Where the Irrigation officer is of opinion that the bunds or surplussing arrangements referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation work below, the owner concerned shall be served with a notice requiring him to maintain such bunds or surplussing arrangements in a reasonably fit condition in such manner and within such time as may be specified in the notice.
3. (3) Where the owner fails to comply with the notice under sub-section (2) or the repairs done by him are in the opinion of the Irrigation Officer unsatisfactory, the Irrigation Officer may carry out necessary repairs to keep such bunds and surplussing arrangements in a fit condition, and the cost thereof shall be realised from such owner in such manner as may be prescribed.
4. (4) An appeal shall lie against any order of Irrigation Officer under sub-section
5. (3) before the Collector within thirty days from the date of receipt of the order by the owner and the Collector shall decide the appeal within thirty days from the date of receipt of that appeal and his decision thereon shall be final.

¹ Inserted by Act 16 of 2018. (w.e.f. 08.12.2017)

1. (1) The Collector shall, in consultation with the Irrigation Officer, by notification, specify the boundaries of an irrigation work.
2. (2) Notwithstanding anything contained in any other law for the time being in force, no person shall, without the written permission of the Irrigation Officer, conduct mining or quarrying operation using explosives within a radius of one kilometre of any bridge, dam, check dam or any other work, structure or construction, owned, controlled or maintained by the Government, a local authority or any other authority.
3. (3) Any person aggrieved by the refusal of permission under sub-section (2) may, within thirty days from the date of receipt by him of the communication of such refusal, file an appeal to the Collector and the Collector shall decide the appeal within sixty days from the date of receipt of the appeal and his decision thereon shall be final. Provided that an appeal filed after the expiry of thirty days may be admitted by the Collector if he is satisfied that the appellant had sufficient cause for not filing the appeal in time.

No person other than the Irrigation Officer or

a person duly empowered by him in this behalf shall operate a sluice gate, regulator or flood gate of a reservoir, canal, or water course of an irrigation work owned, controlled or maintained by the Government.

1. (1) No person shall, without the previous permission in writing of the Irrigation Officer and except in accordance with such terms and conditions and subject to the payment of such fees, as may be prescribed, fish in any reservoir owned, maintained or controlled by the Government.
2. (2) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force no person shall use any explosive or any poisonous substance for the purpose of fishing in a reservoir.

The Government may, by notification, prohibit or regulate by licence or otherwise navigation for commercial purpose in an irrigation work.

Explanation:—For the purpose of this section, navigation for commercial purpose shall include carriage of persons or goods in connection with any business or trade including tourism promotion or commerce.

No person, other than

an Irrigation Officer or an Officer duly empowered by him in that behalf shall let out water from an irrigation work owned, controlled or maintained by the Government by cutting any bund or constructing a sluice or outlet or by any other similar contrivance.