The Manipur Irrigation Act, 1978

VNsLY I S 2/1178 — 17. 197 22 z2[177% MM LZ PHL No. OF 19773 THE MANIPUR IRRIGATION BILL, 1977 . (As passed by the Legislative Assembly, Manipur on 25-10-77) - An To make the law relating to irrigation’ and drainage and levy of Water rates and betterment coatribution and matters connected therewith, Be it enacted by the Legislature of Manipur in the twenty eight year of the Republic of India as follows : CHAPTER | 1 (1) This Act may be called the Manipur Irrigation Act, 1977. Short title,

1. (2) It extends to the whole of Manipur State. frmell
2. (3) It shall come into force on such date ds the State Govérd: ment, may, by notification in Official Gazette, appoint and different dates may be appointed for different areas of the State.

In this Act, unless the context otherwise requires : (a) "betterment contribution" means contribution levied under Chapter VI of this Act; (b) "betterment levy oficer" means such officer as the State Government may appoint to be the betterment levy oficer in reSpcet of any area of the Irrigainn Work, or pertion of an irrigation work: (c) "canal oficer" means an officer exercising control over a subdivision of an irrigatjen work or portion of an irrigation work appointed by the State Government; (d) "canal revenue" includes water rate, betterment contribution, water cess, crop cess, licence fee for fishing, navigation, sale of grass, trees and other produce from the land belonging to Irrigation work, proceeds from lease of land belonging to irrigation work and from water mills; (e) "colledor" means the head revenue officer of a district and includes a Deputy Commissioner or other officers appointed under this Act to exercise all or any of the powers of a Colledor; (f) "culturable com mended area" means all lands which are fit for cultivation under irrigable command of an irngation work; (g) "divisional canal officer" means an officer exercising control over a division of an irrigation work or portion of the irnigation work appointed by the State by notification in the Gazette; (h) "drainaoe work" includes— (i) channels, either natural or artificial, for the discharge of waste or surplus water, and all works connected with or auxiliary to such channels; (ii) escape channels from an irrigation work dams weirs. embankments, flood embankments, sluices, groynes and other works connected therewith, but does not include works for the removal of sewage; (iii) any work in connection with a system of reclamation made or improved by State Government for the purpose of drainage of an area; and (iv) all field drains; (i) "field channel" means a channel constructed by owners or occupiers or constructed by the State Government on their behalf and at their cost to serve the various fields within a block of 40 hectares or as may be prescribed and maintained by such owners or occupiers and includes existing water courses constructed or maintained by the owners or occupiers; Explanation:—Existing means existing at the time of the coming into force of this Act. (j) "field drains" include drains, escape channels and other similar works constructed & maintained by the owners or occupiers by the State Government on behalf and at the cost of the owners or occupiers; (k) "flood embankment" means any embankment constructed or maintained by the State Government in connection with any system of irrigation or reclamation works for the protection of lands from inundation or which may be declared by the State Government to be maintained in connection with any such system, and includes all groynes, Spurs, dams and other protective works connected with such embankment; (l) "irrigation work" includes :— (i) all reservoirs, tanks, dams, weirs, canals barrages, channels, domestic water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices, pumping installation constructed, maintained or controlled by the State Government for the supply or storage or water; (ii) all works, embankments, structures, control structures including outlets, supply and escape channels connected with such reservoirs, tanks, dams, weirs, canals, barrage, channels, domestic water supply works, pipes, ponds, spring ponds, Spring channels aqueducts, sluices, pumping installations, and all roads constructed for facilitating the construction or maintenance of such reservoirs, tanks, dams, weirs, canals, barrages, channels, domestic water supply works, pipes ponds, spring ponds, spring channels, aqueducts, sluices and pumping installations; (iii) all drainage works, flood embankments, wells, water courses, and field channels; (iv) any part of a river, stream, lake or natural collection of water or natural drainage channels and ground waters to which the State Government has applied the provisions of Chapter 11 of this Act; and (v) all lands held by the State Government for the purpose of such reservoirs, tanks, weirs, canals, barrages, channels, domestic water supply works, pipes, ponds, spring channels, aqueducts, sluices, pumping installations and all buildings, machinery, fences, gates and other erection upon such lands. (m) "lands under irrigable command" means such lands as are irrigated or capable of being irrigated by the flow or lift from an irrigation work being under its command and shall include also such cultivated land which receive in the opinion of the Divisional Canal Officer, by percolation or otherwise from an irrigation Work or by indirect flow, percolation or drainage from or through adjoining land, an advantage beneficial to the crop; (n) "notification" means a notification published in the official Gazette; (o) "Occupier" includes and occupier of land or property who cultivates or possesses the same for the time being; (p) "on-farm development" includes any of the following works— (i) land-levelling and land-shaping, including realignment of field boundaries; (ii) providing of falls, culverts and farm roads in the fields; (iii) land reclamation by use of engineering, biological and chemical measures, including leaching; (iv) contour bunding and nala bunding; (v) such other works as may be necessary or incidental to development of land or ground or flow water potential and for optimising the utilisation of land and water resources; (q) "outlet" includes an opening, constructed by the State Government in an irrigation work through which water is delivered into a water course or field channel or directly on to any land; (r) "owner" includes every pesron having interest in ownership of land or property and all rights and obligations which are applicable to every person having such joint interest in the ownership; (s) "prescribed" means prescribed by rules made under this Act; (t) "sewage effluent" means effluent from any sewage system or sewage disposal works and includes sullage from open drains; (u) "state government" means the Government of State of Manipur; (v) "superintending cahal officer" means an officer exercising general control over an irrigation Work or portion of an irrigation Work; (w) "trade effluent" includes any liquid, gaseous or solid substance which is discharged from premises used for carrying on any trade or industry, other than domestic sewage; (x) "water course" means the length of a channel between an outlet and a field channel built at the cost of the State Government, and maintained by the owners or occupiers to carry water from an outlet to any block of land or as may be prescribed; (y) "water rate" means water rate levied under Chapter V of this Act; (z) "well" means a well sunk for search or extraction of ground water and includes an open well, dug well, bored well, dug-cum-bored well, tubewell and filter point; (aa) "vessel" includes boats, rafts, timber and other floating bodies.

Where a Canal Officer proposes under the provision of sections 5, 6, or 7 to enter into ‘any building of enclosed court or garden attached 'to a dwelling house. not supplied with water from an irrigation work, and not adjacent to a flood embankment, he ehall give to the occupier of such building, court or garden such reasonable prior notice as the urgenCy of the case will allow.

(1) There shall be provided at the cost of the State Government suitable means of crossing canals constructed or maintained at the cost of the State Government at such places as the State Govt. thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands. (2) No suit shall lie in a Civil court against the State Government to enforce the construction of a crossing of a Canal, or to enforce the alterating of a crossing or for compensation for damage arising afrom the absence or inadequacy of any crossing, or to be modified or set aside any scheme frame or ordered passed under this section. Explanation z—Suitable means of crossing Canals include means "for the passage of traffic and of- water.

If the State Government is satisfied that any land for the construction of an irrigation work, excluding water courses, field channels and field drains or for the maintenance, improvement or extension of an existing irrigation Work excluding ‘water courses, field channels and field drains is needed, the State Govt. may acquire the land by following the provisions of the land acquisition Act, 1894 (Act 1 of l894) except to_ the extent specifically stated to the contraryrin this chapter.

(1) Notwithstanding anything to the Contrary in the Land Acquisition Act, 1894 (Act 1 of 1894) the Collector may after holding such enquiry 'as the deems necessary make an estimate of the amount of compensation payablein respect of the land, needed for- purposes specified in section 11 of this Act, for which declaration under section 6 of the aforesaid Act has been made, including compensation for the standing crops, trees and structures, if any, on such land and for any phySicaI damage caused to them, within three months of the declaration. (2) The Collector may take possession of the land after tendering the estimated amount of compensation, as stated in subclausefl), to the person having an interest in the land and the land shall there- vnpon vestabsomtely in the State Government free from all encumbrances. (3) If any person having an interest in the land acquired by the State Government does not agree with the estimated amount of compensation, he may require that the matter be referred by the Collector for determination by the court in accordance With section 18 of the Land Acquisition Act, 1894 (Act I of 1894). (4) In all! other matters. relating to compensation including principles for determining compensation, the provisionof the Land Acquisition Act, 1894 (Act Iof 1894) shall be applicable.

(1) The Diyisional Canal Qtficer shall,_afte;,;g§tting the occu- pation: of the landuttnde-r Su-b-section‘(4) of‘section1’1‘15f“take steps to implement the scheme at the'e'costg?of the State Government. (2) Ahy watch course constructed under sub—sectiofi(1) shall be 311eproper‘t‘y of the State Government. (3) ,Unles's-~ordered by the State GoVernmeht “to the. contrary, anyaextension alteration- or realignment of Water co'hrse at the instance of the owners'or occupiers shall *be done at' the 60st of the owners or occupiers.

(1) Any person desiring that a field channel should be transferred from its present owner to himself may apply in writing to the Canal Officer, stating— (a) that he has endeavoured unsuccessfully to procure such transfer from the owner of such field channel; (b) that he desires the said canal officer, in his behalf and at his cost, to do all things necessary for procuring such transfer; (c) that he is able to defray the cost of such transfer. (2) If the Divisional Canal Officer considers— (a) that the said transfer is necessary for the better management of the irrigation from such field channel, and (b) that the statements in the application are true. The Canal Officer on receipt of such an application, shall call upon the applicant to make such deposit as he considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section 27 in respect of such transfer, and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the Collector of every district through which such field channel passes.

(1) When a field channel is transferred to the applicant, the following rules and conditions shall be binding on him and his representative in interest, namely: (a) All works necessary for the passage across such field channel, existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands shall be constructed by the applicant, and be maintained by him or his representative-in-interest to the satisfaction of the Divisional Canal Officer. (b) In case in which a field channel is transferred on the terms of a rent charge, the applicant or his representative-in-interest shall so long as he occupies such field channel, pay rent for the same at such rate and on such days as are determined by the Divisional Canal Officer when the applicant is placed in occupation. (c) The Divisional Canal Officer may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation. (2) If any field channel transferred under this Act is disused for three years continuously, the right of the applicant or of his representative in interest, to occupy such field channel shall cease absolutely.

(1) The Board shah, at any time after a month of the publication of the notification under sub-seCtion (5) of Section 32 assess the amount of betterment tax payable by every individual owner ofland, and shall serve anotice on him in writing in the prescribed manner, "”‘S‘pecir’ying the amount of the tax payable by him, the details of calculation, the instalments if any .in which payment may be made, the date or dates on or before which payment of the full amount or of the instalments shall b made, and the authority to whom payment shall be tendered. (2) Any person on whom a notice for payment of betterment tax has been served under sub~seetion (1), may Within one month from the date of service of such notice, file an objection before the Board in respect of the assessment made against him. Provided that the Board shall have discretion to entertain objections even after the expiry of the period of one month if it is satisfied that the failure to file such objections in time was due to causes beyond the control of the objector. (3) After an opportunity has been given to the objector ofbeing' heard in person or through pleader the Board may confirm, modify or cancel_ the assessment made under sub-section (1). (4) Any person aggrieved by the order i55ued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court. (5) If any person on whom a notice has been served under sub-section (1), fails to fiie any objection under sub-section (2), the assessment shall be conclusive and shall not be questioned in any court of law.

(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.

(1) Whenever it appears to the divisional canal officer or any officer acting under his general or special orders in this helm", that, unless so work or repair is immediately executed, such am‘iuux damage will happen to any irrigation work as to Cause Muidcu aud extensiVe public injury or irrigation and that labour necessary for the proper execution thereof cannot be obtained in the ordinary manner in time to prevent such injury or interruption or to remedy it within a reasonable time, the divisional canal officer or tiny olliccr acting under the said~orders, may, by public proclamation by heat of drum require any able bodied person, who resides Or owns him! in any village within eight kilometers of the place where the Wurk it to be executed and whose name appears in the list hereafter mentioned to attend in person at such place and to carry out such duties as he may allot to them in connection with the execution Hi the work necessary for the safety of the particular irrigation work. (2) All perSOns so labouring shall be entitled to payment at ‘ rule which shall not be less than the highest rates for the time being paid in the neighbourhood of similar labour.

Subject to such rules as may be made in this behalf, the Divisional Canal Officer in consultation with the Collector shall prepare a list of persons liable to carry out the duties as aforesaid, and may from time to time add to or alter such list or any part thereof.

Whenever it appears to a Divisional Canal Officer or any officer acting under his general or special orders in this behalf, that it is essential for carrying out urgent works on any irrigation work to prevent public injury caused by damage to works, he may enter upon or into any immovable property in the neighbourhood of the irrigation work requiring immediate repair, or other work and take possession, appropriate, cut or remove any trees, timber, bamboos, mats, ropes, straw, earth, stone and other materials, and prepare an inventory of the materials taken; such materials shall be paid for at the highest prices for which they are sold in the neighbourhood and in case damage is sustained by any person in consequence of the removal, seizure or cutting of any such materials, compensation shall be paid for such damage by the Divisional Canal Officer in accordance with the procedure laid down in sections 68 and 69.

Any person aggrieved by fixation of wages under sub-section (2) of Section 58 may prefer an appeal within sixty days to the Superintending Canal Officer whose decision shall be final.

Compensation may be awarded in the event of only substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained: Provided that no compensation shall be so awarded in respect of any damage arising from— (a) deterioration of climate or soil; or (b) stoppage of irrigation or of the means of floating timber or of watering cattle, (c) stoppage or diminution of the supply of water in consequence of the exercise of power conferred by section 3 if no use has been made of such supply within five years immediately before the date of issue of the notification under section 3; or (d) failure or stoppage of water in an irrigation work where such failure or stoppage is due to— (i) any cause beyond the control of the Divisional Canal Officer; (ii) the execution of any repairs, alterations or additions to the irrigation work; (iii) any measures considered necessary by the Divisional Canal Officer, for regulating the proper flow of water in the irrigation work or for maintaining the established course or irrigation; or (iv) circumstances mentioned under clauses (a) to (g) of section 39: Provided further that any person who suffers loss from any stoppage or diminution of water supply to his lands due to any of the causes named in clause (d) of the preceding provision shall be entitled to such remission of water rate payable by him as may be authorised by the State Government.

All sums of money payable for compensation awarded under this Chapter shall become due three months after the final award is made, and simple interest at the rate as may be prescribed but not less than five percentum per annum shall be allowed on any such sum remaining unpaid after the said three months, except when the non-payment of such sum is caused by the neglect or refusal of the claimant to apply for or received the same.

(1) The Canal Officer, may if he considers necessary pass an order as to the use or distribution of water from a water course or field channel amongst persons in any land or a group of lands or in any holdings or groups of holdings in such land or lands. Provided that no such order shall be passed by the Canal Officer without making any inquiry into the matter and without giving notice to all the persons interested that on a day to be named in such notice, he shall proceed to inquire into the said matter. (2) Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use or maintenance of a water course or field channel or field drain. Any such person may apply in writing to the Canal Officer stating the matter in dispute. (3) On receipt of the application under sub-section (2), the Canal Officer shall give notice to the other persons interested, and on a day to be named in such notice, he shall proceed to enquire into such matter and after the enquiry, he shall try to bring about a compromise between the parties. (4) On the failure of the Canal Officer to bring about compromise, he shall pass an interim order as regards the use of maintenance of a water course of field channel or field drain pending the disposal of the disputes and he shall forward the dispute to the Divisional Canal Officer along with his findings and the Divisional Canal Officer shall pass an order thereon after giving a hearing to the parties. (5) The Superintending Canal Officer, within whose jurisdiction the water course or field channel or field drain is situated, may, on his own motion or on an application made in this behalf by an aggrieved person, revise an order passed by a Divisional Canal Officer under sub-section (4): Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order. (6) No order passed under this Section shall be liable to be called in question in any civil court.

Notwithstanding anything contained to the contrary in Sub-section (4) of section 3, no well exclusively for domestic use, either on personal or community basis, shall be excavated within such distance, as may be specified by the State Government from time to time, from the boundaries of an irrigation work without the previous sanction of the authority specified by the State Government and subject to such conditions as the authority may impose.

No person shall have the right to fish or ply any vessel in the reservoir, pond or tank or across or along a canal or channel maintained or controlled by the Government without the permission in writing of the State Government or of such Officer as may be empowered in this behalf by the State Government and except under such terms and conditions and is subject to payment of such fee as may be prescribed.

No person shall deposit any produce of mines or earth or any other material in or near any channel or field drain or other Work, whether natural or artificial, through which rain or other water flows into any irrigation work.

The penalties and punishments mentioned to the Water (Preventioned Control of Pollution) Act 1974 will be applicable for violating the provision of section 82.

(1) When any person is convicted of an offence under section 83, the Magistrate may order that the said person shall remove the obstruction or repair the damage or replace, or repair the land mark, level mark, water gauge or apparatus in respect of which the conviction has taken place within a period to be fixed in such order. (2) Without prejudice to the power of the Canal Officer under section 74, if such person neglects or refuses to obey such order within the period so fixed, the Canal Officer may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person.

Whoever abets any offence punishable under this act or attempts to commit any such offence shall be punished with the punishment provided in this Act for such offence.

Any person in charge of, or employed upon any irrigation work, may remove from the land or buildings belonging thereto, or may take into custody without a warrant and without unnecessary delay take to a Magistrate or in the absence of the Magistrate take to the nearest Police Station, any person who within his view: (a) wilfully damages, alters, enlarges or obstructs any irrigation work; (b) without proper authority interferes with the supply or flow of water, in or from any irrigation work so as to endanger, damage on render less useful such irrigation work.

(1) If the person committing an offence under this Act is a Company, the Company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the Commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary, or other officer of the Company, Such Director, Manager, Secretary or other Officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation : for the purposes of this section : (a) "Company" means a body corporate and includes a firm or other association of individuals; and (b) "Director" in relation to a firm means a partner in the firm.

When the person causing any damage, alteration, enlargement or obstruction to any irrigation work without proper authority cannot after such enquiry as the Divisional Canal Officer may deem sufficient be ascertained or identified, the Divisional Canal Officer may on requisition from the Canal Officer after giving not less than one month's notice to the owners and occupiers of all lands benefited thereby, and after hearing their representations if any, recover from them, in such proportion as he thinks fit, the cost of repairing such damage, or of removing such alteration or obstruction.

Any officer empowered under this Act to conduct any enquiry may exercise all such powers connected with summoning and examining the witnesses and the production of documents as are conferred on a civil court by the Code of civil Procedure, 1908 and every such enquiry shall be deemed to be a judicial proceeding.