The M.P. Irrigation Rules-1974

The M.P. Irrigation Rules-1974

Infrastructure1974225 rules

This set of rules governs the management and distribution of water for irrigation in Madhya Pradesh. It applies to the Irrigation Department and cultivators using canals and tanks. The rules establish procedures for water release, define different types of crops and irrigation blocks, and set out the roles of various officers responsible for supervising field distribution. By standardizing these processes, the Act ensures fair water access and efficient use of resources for farming.

  1. 0. Preamble
  2. 1. Short title
  3. 2. Definitions
  4. 3. Wet land classification
  5. 4. Declaring wet land
  6. 5. Fixing sub-division limits
  7. 6. Canal subordinates
  8. 7. Delegation of powers
  9. 8. Petition for appeal or revision
  10. 9. Appellate procedure
  11. 10. Stay of execution
  12. 11. Filing of petitions
  13. 12. Inquiry location
  14. 13. Transfer of cases
  15. 14. Authority over cases
  16. 15. Personal attendance
  17. 16. Exemption from personal appearance
  18. 17. Diet money
  19. 18. Notice requirements
  20. 19. Service of notice
  21. 20. Non-appearance of party
  22. 21. Adjournment of hearing
  23. 22. Appeal against order under rule 20
  24. 23. Costs
  25. 24. Appearances
  26. 25. First joint inspection
  27. 26. Crossings for traffic
  28. 27. Irrigation crossings
  29. 28. Consultation and reporting
  30. 29. Submission of report
  31. 30. Procedure if Collector disagrees
  32. 31. Approval of works
  33. 32. Submission to Superintending Engineer
  34. 33. Final decision on crossings
  35. 34. Second joint inspection
  36. 35. Procedure for second inspection
  37. 36. Fixation of rates
  38. 37. Fixation of rates where no committee exists
  39. 38. Assessment of rates
  40. 39. Rates for land preparation
  41. 40. Mixed crop rates
  42. 41. Differentiated crops in same field
  43. 42. Crop failure
  44. 43. Demarcation of field portions
  45. 45. Common channel usage
  46. 46. Water for thrashing floors
  47. 47. Late agreements
  48. 48. When short term agreement has been given to irrigate specified area. And the
  49. 49. If the trees standing at different places having deep kyaries (Thavalas) round
  50. 50. Irrigation from escape. Percolation, leakage from channels and from drainage
  51. 51. When the crops are damaged by percolation; leakage or breach of canal etc.
  52. 52. Persons using water without permission at the time prohibited by proper
  53. 53. In case of persons, willfully cutting the bank or placing bunds in the bed of a
  54. 54. The cultivators desiring constructions of a Sub- merging tank shall apply to
  55. 55. On receipt of the application the Executive Engineer shall undertake survey
  56. 56. In case the scheme is feasible one, the Executive Engineer shall enter into
  57. 57. The agreement shall be in Form 3.
  58. 58. This will be taken as authentic record for further reference.
  59. 59. The Amin, section Subordinate or Irrigation Inspector shall proceed to mark
  60. 60. If in any year of scarcity It Is considered that in view of making provision for
  61. 61. Executive Engineer.
  62. 62. Unsettled cultivable land under submergence shall be charged at Abi rates in
  63. 63. If canal water is also taken in either of the cases mentioned in rules 61 and
  64. 64. Application for the supply of water for irrigation on demand shall be made in
  65. 65. (b) If the demand for the supply of water for which an application is made
  66. 66. Executive Engineer's order, issue an order for the supply of water.
  67. 67. An application for the supply of water to supplement a village tank shall be
  68. 68. Before he sanctions an application for the supply of water to supplement a
  69. 69. The Executive Engineer shall not ordinarily sanction the application If: -
  70. 70. Which is not under agreement.
  71. 71. Water may be supplied for any village tank, town or for Industrial purposes
  72. 74. No charge shall be made for water obtained by percolation, leakage, or
  73. 75. A canal officer or canal subordinate on becoming aware of waste of water, shall immediately stop it
  74. 76. The Executive Engineer, on receipt of a report of unauthorised use or waste of
  75. 77. If a cultivator wished to make any representation regarding the orders passed
  76. 78. Notification No, F/21/I/B/MM/31/II dated 5-11-84.
  77. 79. The Executive Engineer shall have a watch over the concerns, whom a supply
  78. 80. On discovery of the use of water made under rule 79 for cultivation; the
  79. 81. The area irrigated outside the submerging tank while emptying or through
  80. 82. The Irrigation agreements under these rules shall be signed on behalf of the
  81. 83. No Irrigation can be made from a canal unless an agreement is concluded
  82. 84. The long term agreement in Form 8 and short term agreement in Form 9
  83. 85. An irrigation agreement may be modified or cancelled by mutual consent
  84. 86. The long term agreement shall be village wise, tank wise or project wise for
  85. 87. The supplementary agreement shall be made in Form 10 appended to these rules.
  86. 88. If, on examination of a long term agreement and after explaining its terms to
  87. 89. (i) In the notice prescribed In section 52 of the Act, the Canal Deputy
  88. 90. Rules on the long term agreement declaring that such agreement is final and inding on the permanent holders of all irrigable land to which it relates.
  89. 91. Water for irrigation may , if demanded, be supplied immediately on long term
  90. 92. Where more than one long term agreement exists for a village irrigated from
  91. 93. A copy of each long term agreement that is declared to be final and binding
  92. 94. For village under long term agreement in form 8, the Amin shall prepate a list
  93. 95. The short term agreement shall be made individually and crop wise for the
  94. 96. The Canal Officer or Officer authorized for the purpose may refuse any short
  95. 97. The permanent holders, who have entered into short term agreement with
  96. 98. Engineer, through the Executive Engineer.
  97. 99. The Superintending Engineer if convinced shall extend e date of concluding
  98. 100. At least one month in advance of each crop season, e Executive Engineer
  99. 101. The publication shall be made in Form 12.
  100. 102. Executive Engineer shall reduce or enhance the area determined in the meeting and even stop the supply in cases of emergency.
  101. 103. Submission of short term agreement
  102. 104. Receipt for agreement and complaints
  103. 105. Procedure for making short term agreement
  104. 106. Explanation of object and signing of agreement
  105. 107. Occupier to satisfy himself before signing
  106. 108. Procedure for occupancy unable to attend
  107. 109. Details to be mentioned in agreement
  108. 110. Crop change procedure
  109. 111. Irrigation of other fields
  110. 112. Exemption from short term agreements
  111. 113. Submission and sanction of agreement forms
  112. 140. Payment for canal revenue
  113. 141. Payment for water supply to village tank
  114. 142. Postponement of dates
  115. 143. Number of members in Irrigation Panchayat
  116. 144. Term of office and dissolution
  117. 145. Disqualification for electors or holding office
  118. 146. Election procedure for Irrigation Panchayat
  119. 147. Electors for Irrigation Panchayat
  120. 148. Preparation of electoral roll
  121. 149. Any person having objection to urge against any entry therein, or omission
  122. 150. If any person is aggrieved by decision Of Irrigation Inspector, an appeal may
  123. 151. Collector who shall dispose it of within 10 days by making such inquiries as he may deem fit, and his decision shall be final.
  124. 152. Provided that such person will be allowed only once to I accompany the elector who is illiterate or unable to write.
  125. 153. He shall then seal all papers in presence of Panch or Sarpanch of Gram panchayat, an d the sealed covers then be handed over to the Canal Deputy Collector Immediately after the election.
  126. 154. He shall then submit the same to the Collector for approval through the Executive Engineer, in order to declare ~ the result of the election.
  127. 155. The Collector shall intimate the decision to the Executive Engineer, who shall
  128. 156. The Panchayat shall, at a meeting at which not Jess than three members are
  129. 157. In the event of the retirement, death, disqualification or removal of an
  130. 158. The new panch, so elected and approved by the Collector shall hold office for the unexpired portion of the term of the panchayat.
  131. 159. If, after such inquiry as he considers necessary, the Collector or the officer
  132. 160. The Collector or the Revenue Officer making an inquiry under rule 159 shall
  133. 161. The Sarpanch elected under rule 156, or in his absence any member of the
  134. 162. Every meeting of the panchayat shall be presided by the Sarpanch. Provided
  135. 163. One half of the total number of panchas including the sarpanch, if present, shall form a quorum
  136. 164. The President shall keep In Hindi a brief record of its meetings and
  137. 165. (1) the following offences may be compounded under sub-section (3) of
  138. 166. The cash balance of the irrigation panchayat fund shall be kept by the
  139. 167. The Irrigation Panchayat may sanction expenditure from the irrigation
  140. 168. Accounts of income and expenditure of the irrigation panchayat fund shall be
  141. 169. Irrigation Inspector or section subordinate.
  142. 170. (1) Irrigation panchayat shall be remunerated by the grant of commission,
  143. 171. A register of the names of Sarpanch and members of panchayats in Form 18
  144. 172. All entries of water supplied for irrigation on demand, under irrigation
  145. 173. The Amin, on completion of the entries in the Khasra Shudhkar (Final survey
  146. 174. Irrigation Sarpanch, Panch, or Patel who shall deliver it to the cultivator concerned.
  147. 175. On receipt of a parcha any cultivator may file an objection within ten days of
  148. 176. If for good reason an Irrigation Inspector or section subordinate is
  149. 177. All objections shall be investigated within 15 days of the receipt and decided
  150. 178. Final orders shall be communicated to the complainant without delay.
  151. 179. If the cultivator served with a parcha fails to file an objection within ten days
  152. 180. If the cultivator files an objection within ten days on receipt of parchas, the
  153. 181. (I) The canal officer may, at any time, correct any entry in the assessment
  154. 182. The Kistabandi Khatoni shall be sent to the Sarpanch and members of the
  155. 183. Within a fortnight of the receipt, the Sarpanch, Panch or Patel realising the
  156. 184. The Irrigation Inspector and the Amin, will assist the panchayat and have
  157. 185. The breach thereof, may then and there, be reported to the Canal Deputy Collector when noticed, who will take such steps as he deems fit to check the same.
  158. 186. In case, the papers are not returned by the sarpanch, panch or Patel within
  159. 187. After collection of the Kistabandi Khatoni and receipt statement, if any, the
  160. 188. If any excess collections have been made, he will enter them in red Ink in remarks column.
  161. 189. The Canal Deputy Collector shall compile the defaulter's list for each Tehsil
  162. 190. The Executive Engineer shall compile the consolidated Tauzi and send it to the Superintending Engineer by the 10th of the following month.
  163. 191. Adjustment and refund of water rates on account of excess recovery or
  164. 192. If any sarpanch, panch or Patel responsible for passing receipt fails to give
  165. 193. If any water rate (Canal Revenue) or any part there of is not paid within
  166. 194. Application for the investigation of water courses shall be made in From 29
  167. 195. When an application in Form 29 is received: -
  168. 196. The Executive Engineer shall then prepare an estimate of the cost of the
  169. 197. If the conditions of section 66 are fulfilled, action shall be taken in
  170. 198. The Amin, in consultation with the irrigation panchayat, shall prepare a list
  171. 199. A copy of the list, after it has been approved by the Sub-Divisional Officer, shall be furnished to the Irrigation Panchayat and it shall be amended annually under arrangements made by the Sub-Divisional Officer.
  172. 200. Whoever, without proper authority does any act whereby a water course is
  173. 201. The field channels shall ordinarily be run on the field boundaries, but the
  174. 202. The expenses incurred on execution of field channels includes the expenses
  175. 203. Acquisition under rule 201; if any.
  176. 204. The area benefited means the area situated on either side of, or at the tail of
  177. 205. The subsequent allotters of the Government land revenue. The amount of
  178. 206. The field channels shall be deemed to have been maintained in a fit state of
  179. 207. The responsibility for maintenance of field channels shall rest with the
  180. 208. The apportionment and the recovery and the recovery of the expenses
  181. 209. The field channels so constructed shall be handed over to the beneficiaries
  182. 210. Persons entitled for taking water
  183. 211. Supplies allowed on recommendation
  184. 212. Recovery of outstanding amounts
  185. 213. Prevention of water flow
  186. 214. Change in alignment or extension
  187. 215. Existing channels
  188. 216. Penalty for damage or interference
  189. 217. Maintenance of accounts
  190. 218. Recovery of expenses
  191. 219. Distribution of water
  192. 220. Settlement of disputes
  193. 221. Application for warabandi
  194. 222. Rejection of warabandi application
  195. 223. Executive Engineer initiative
  196. 225. Crediting of deposit
  197. 226. Preparation of warabandi programme
  198. 227. Meeting for thoks and thokdars
  199. 228. Statement preparation
  200. 229. Distributions of timings
  201. 230. Sequence of water turn
  202. 231. Finalisation meeting
  203. 232. Approval of report
  204. 233. Appointment of Banihar
  205. 234. Interchange of timings
  206. 235. Precaution in canal operation
  207. 236. Revision of warabandi programme
  208. 237. Maintenance of register
  209. 238. Penalty for violation
  210. 239. Assistance of Banihar
  211. 240. Appointment of Banihars
  212. 241. Tenure of Banihar
  213. 242. Passage of water through field
  214. 243. Commission for administrative work
  215. 244. Remuneration of Banihars
  216. 245. Enquiry into canal offence
  217. 246. Preliminary Offence Report
  218. 247. Completion of enquiry
  219. 248. Restriction on further enquiry
  220. 249. Notice for compounding offence
  221. 250. Diary of proceedings
  222. 251. Arrest
  223. 252. Levy of compensation
  224. 253. Procedure where compounding is not possible
  225. 254. Repeal

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