Chapter IV REGULATION OF IRRIGATION SUPPLIES

(1) The person liable to pay a betterment tax may, it has option, instead of making either a lump-sum payment or payment by inStaltnents where allowed by the Board, execute an agreement with the Board or any other authority Specially authorised by the State Government in this behah’, to 1eave the said liability outstanding as a charge on his interest in the tand Subject to the pavement in perpe- tuity of interest at the rate of 6% per annum. (2) A person who has exercised his option under sub—Section (1) may at any time after giving six months notice of his intention so to do, redeem the Charge of paying the assessed amount of betterment tax 01‘ such part of it as may have been outstanding against him at the time he executed the agreement under sub-section (1).

Water from an irrigation work may be supplied— (a) as provided in section 37; (b) on an application for irrigation or non-irrigation purposes as provided in section 38; or (c) under a scheme in accordance with the provisions of section 43.

(1) The supply of water to any water course or field channel or to any person who is entitled to such supply shall not be stopped, except,— (a) whenever and so long as it is necessary to stop such supply for the purpose of maintenance of an irrigation work or execution of any work ordered by the competent authority; (b) whenever and so long as any field channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water thereof; (c) whenever and so long as it is necessary to do so in order to supply in rotation the legitimate demands of other persons entitled to water; (d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water; (e) within the periods fixed from time to time by the Divisional Canal Officer of which due notice shall be given; (f) whenever there is diminution in the supply of water in the irrigation work due to any natural or seasonal causes and so long as it is necessary to do so; (g) for any reasons beyond the control of the Divisional Canal Officer. (h) No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of water from an irrigation work; Provided that the person suffering such loss may claim such remission of the charges payable for the use of the water as is specified by the State Government.

(1) Except with the permission of the Superintending Canal Officer no person entitled to use the water of any irrigation work shall sell or sub-let or otherwise transfer his right to such use for unauthorised purposes. Provided that no permission shall be necessary for use of water for authorised purposes by a cultivating tenant of water supplied by the owner of a field channel for the irrigation of the land held by such tenant. (2) Every right to the supply of water for agricultural purposes to any land or other immovable property shall be attached thereto and shall be presumed to have been so transferred whenever a transfer of such land or immovable property takes place.

When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to apply only to such crop or crops.

(1) Where in the opinion of the State Government and irrigation work is likely to irrigate lands not exceeding 200 hectares in an area or as may be prescribed in the State Government, in the public interest, by notification prepare a draft scheme, for supply of water from such irrigation work to such lands. The draft scheme shall provide for handing over the management of the irrigation work and distribution of water therefrom to the water committee appointed under section 45. (2) The draft scheme shall contain the following particulars, that is to say :— (a) the area to which the scheme applied; (b) the survey numbers of lands included in such area and the names of owners and occupiers thereof; (c) the period or periods during which water will be supplied to such lands; (d) the crop or crops which will be permitted to be grown thereon; (e) the water rate at which water may be supplied to such land included in the scheme; (f) the amount to be paid by the State Government for management of the irrigation work to the water Committee; and (g) fixing a period of not less than three months from the date of publication of such notification for submission of objections or suggestions to such scheme. (3) After the publication of such notification, it shall also be published by the Canals Officer duly empowered in this behalf as soon as practicable in the language of the residents of the area through which the irrigation work passes in such place or places and in such manner as he thinks fit for the information of the owners and occupiers who are likely to be affected by such notification. (4) After considering such objections and suggestions, if any, as may have been received within the period fixed as aforesaid, the State Government may, after making due inquiries, sanction the draft scheme with or without any modifications or may reject it. (5) The scheme as sanctioned under sub-section (4) shall be published in the Official Gazette and in the village, and at the headquarters of the Taluk and of the district in which the lands included in the scheme as situated in such manner as the State Govt. deems fit, and shall, on such publication, be final.