Rate for unauthorized use and waste or water:-(1) cultivated land on which water has been used In an unauthorized

(2) Rates for unauthorized use shall be payable by the occupiers of the land concerned: Provided that, If such occupiers can prove to the satisfaction of a canal officer that the unauthorized use was due to the act or omission of another person, the canal officer may levy such rates, or a portion thereof, from such other person. (3) When water is used In an authorized manner otherwise than on cultivated land, the Executive Engineer may make an estimate of the volume of water used, and may determine the persons responsible for such use and the persons who have been benefited thereby. Such water may be charged for al bulk rates to be prescribed from time to time by the State Government, and the charges shall be distributed among the persons responsible and the persons benefited by such use at the discretion of the Executive Engineer. (4) When water is wasted, the Executive Engineer may make an estimate of the volume of water wasted, and may determine the persons responsible for such wasted. Such water may be charged for al bulk rates to be prescribed from lime 10 time by the State Government and the charges shall be distributed among the persons responsible at the discretion of the Executive Engineer. (5) The levy of rates for unauthorized use or waste shall not bar a prosecution for any offence connected with such use or waste. (6) No suit shall lie in a civil court contesting any decision made by a canal officer under this section or by the Collector on appeal from such decision. (7) Rules may be made under this Act regulating the procedure of canal officers In imposing liability for, and In assessing, canal revenue payable under this section. [44-A. Discharged waste water to vest in State Government. - (1) All rights In the water discharged as waste water after its use for the purpose for which it was supplied under section 40 shall vest in the Government. (2) The use of waste water by any person other than the one who discharges such water after use shall be subject to payment of water rate at such rates as may be prescribed and such water rates shall be payable by the person utilizing such waste water. (44 - B. Water rate for utilization of drain out water from submerging tank. - The permanent holders and occupiers of land situated outside the boundary of a submerging tank who utilise water discharged from the sluice and escapes of the said tank for purpose of cultivation shall be liable to pay water rate at such rates as may be prescribed, 1,2,3. Section 44-A & 44-B inserted vide Section 6 and section 45 vide section 7 of 11. M.P. Irrigation (Amendment) Act, 1973 (No. 42 of 1973). Section-45-46] M. P. Irrigation Act, 1631 [27 Chapter VI Irrigation Agreements [45. Power to make irrigation agreements. (1) Agreement may be made, between the State Government and the permanent holders of land for the supply of water for irrigation either for a short term not exceeding one year or for a long term exceeding one year, at such rates as may be fixed by the State Government, from time to time: Provided that, if the State Government considers It necessary 80 to do, short term agreement may also be made with occupiers of land, (2) Agreements made In accordance with sub section (1) are called "Irrigation Agreements" and the water rates payable there under are called ., agreement rates ", (3) The State Government may divide the State Into Zones for the purpose of short term agreements and long term agreements and may declare any area where for no agreements shall be made. (4) Agreements under this section shall be made in accordance with the provisions of this Chapter and the rules made there under.