(1) It shall be lawful for the Government or any officer authorised by them in this behalf to stop the supply of water to any land holding or field channel or to any person who is entitled, to such supply under all or any of the following circumstances, namely:-
(a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority;
(b) whenever and so long as any filed 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 may be necessary to do so in order to prevent the wastage or misuse of water;
(d) during the periods fixed, from time to time, by the Irrigation Officer of which due notice has been given;
(e) whenever there is diminution in the supply of water in the irrigation system due to any natural or seasonal causes and thereby so long as it is necessary to do so;
(f) whenever there are floods or heavy rains in the command area and thereby so long as it is necessary to do so.
(2) No claim shall be allowed against the Government for compensation in respect of any damage arising out of:-
(a) deterioration in climate or soil; or
(b) stoppage or diminution of the supply of water where such stoppage or diminution is due to—
(i) any cause beyond the control of the authority incharge of the irrigation system;
(ii) the execution of any repairs, alterations or additions to the irrigation system;
(iii) any measures considered necessary by the Irrigation Officer for regulating the proper flow of water in the field channel or for maintaining the established course of irrigation, or
(iv) circumstances mentioned in clauses (a) to (f) of subsection(1).
22. Supply of water for irrigation of one or more crops - Where water from an irrigation system is supplied for the irrigation of one or more crops specified by the Irrigation Officer, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to be lawful only in respect of such crop or crops.
23. Settlement of disputes regarding distribution of water - (1) Whenever a dispute arises between two or more land-holders in regard to their natural rights or liabilities in respect of the use or maintenance of a field channel, any such land-holder may apply in writing to the pipe committee stating the matter in dispute.
(2) On receipt of an application under sub section (1), the pipe committee shall give notice to the other persons interested to appear before it on a day to be specified in such notice, and shall proceed to enquire into such matter, and after the enquiry, the pipe committee may try to bring about a compromise between the parties and if such compromise could not be brought, it shall, after hearing the parties concerned pass such order as it deems fits:
Provided that if any dispute arises between the land-holders and the pipe committee regarding the sharing of costs to be borne by one or more landholders, any such land holder may, after paying the costs apportioned to him by the pipe committee, prefer an appeal to the Irrigation Officer with in seven days of such payment, and the Irrigation Officer shall after giving an opportunity to the aggrieved land-holders, decide the pro-rata sharing of expenses between the land-holders and his decision thereon shall be final and binding on all the land holders.
(3) The Irrigation Officer within whose jurisdiction the pipe outlet is situated, may suo-motu or on an application made in this behalf by an aggrieved person within fifteen days from the date of the order passed by the pipe committee under sub-section (2) revise such order:
Provided that where the pipe committee does not pass an order within fifteen days from the date of receipt of an application under sub-section (1), the Irrigation Officer may himself pass an order on the matter in dispute.
CHAPER-VI LOCALISATION OF COMMAND AREAS AND REGULATION OF CROPPING PATTERN THEREIN, ETC.
24. Power specify principles Localisation - (1) Subject to such rules as may be made in this behalf, the Government may, having regard to resources of Land and water, nature of soil, climate and other technical considerations, by an order, specify for each command area principles of localisation for the purpose of irrigation.
(2) The Government may, having regard to the advancement in technology of land and water management and other agronomic practices, alter, from time to time by an order, the principles of localisaiton so specified for any command area.
Explanation- The term “principles of localisaiton” shall include the prescription of season of the irrigation, the type of irrigation, such as wet, irrigated dry, double crop, or single crop, or perennial irrigation.
25. Classification of lands for raising different crops according to availability of water - Subject to such directions as may be issued from time to time by the Government, the District Collector, may, in any year, having regard to the quantity of water available in any irrigation system within his jurisdiction, classify, by an order, within such time and in such manner as may be prescribed, lands under the said irrigation system for the purpose of raising such kind of crops on each class of land as may be specified in the order, and regulate the supply of water for irrigation accordingly.
26. Power to prohibit growing of certain kinds of crops and to regulate the period of sowing and duration of crops - (1) Whenever the Government are satisfied that for the better cultivation of land and the optimum utilization of water resources of an irrigation system or for accelerated land development or for any other reasons, it is expedient in public interest to regulate the cropping pattern the period of sowing and the duration of crop, they may, by notification, make a declaration to that effect:
Provided that such person may grow any crop other than the crop prohibited under this section with the utilisation of water from his own source subject to such conditions and restrictions as may be prescribed.
(2) On the making of declaration under subject (1), the Director of Agriculture may specify by notification published in such manner as may be prescribed, the kinds of crops that shall not be grown on any land under such irrigation system and the periods of sowing and duration in respect of nonprohibited crops thereof.
(3) On the publication of a notification under sub-section (2), no person shall grow any such crop as is prohibited by the notification on any land under such irrigation system and no persons shall sow or plant any other crop at any period or allow such crop to remain beyond the duration, specified in respect thereof in such notification.
27. Power to levy and collect road cess - (1) For the purpose of laying out the roads within the command area and their proper upkeep and maintenance, it shall be lawful for the Government to levy and collect road cess in the form of a tax on lands in the Command area from the land-holders who, in their opinion, are benefited or are capable of being benefited by any scheme undertaken under this Act.
(2) The rate at which the road cess shall be levied, the manner of assessment and realization of road cess and the utilisation of such road cess shall be such as may be prescribed:
Provided that such rate of road cess shall not exceed rupees twelve and paise thirty five per hectare of land in the command area.
CHAPTER-VII CREDIT FACILITIES
28. Power to select financing agency - Any land-holder included in the scheme for systematic land development may apply to a financing agency selected by the Credit Officer to provide credit facility to the land-holder and the said financing agency may advance loans to the land-holder through the Command Area Development Authority or it nominee, for executing the scheme for systematic land development.
29. Loans to ineligible and recalcitrant land holders - (1) Where a landholder is ineligible to obtain credit under the normal rules of the financing agency relating to advancing of loans, the Credit Officer shall arrange for the grant of special loan to such ineligible land-holders by such agency as may be selected by him.
(2) The said agency shall advance special loans to the ineligible landholders through the Command Area Development Authority or its nominee, for executing the scheme for systematic land development, from out of the land created by the Government for the purpose.
(3) Where any land-holder included, in the scheme for systematic land development is unwilling either to deposit the money as required under subsection (2) of section 16 or to incur the expenditure by himself, or to obtain credit facility under section 28 or sub section (1) of this section, for the systematic development of his land, the Credit Officer shall select a financing agency, or any other agency, for the purpose of advancing such amount as may be required towards the cost thereof to the Command Area Development Authority which shall be treated as the borrower. The Land Development Officer or the nominee of the Command Area Development Authority shall receive the said amount on its behalf for the development of the lands of such land-holder, and the said amount shall, notwithstanding anything in any other law for the time being in force, be deemed to have been advanced as a loan or special loan by the aforesaid agency to the land-holder concerned, as if he had applied for such loan:
Provided that where the aforesaid agency is the Co-operative Agricultural Development Bank, the said amount shall be deemed to have been advanced as a loan by the said bank to the land-holder concerned, as if he were a member eligible for such loan.
30. Creation of charge on land - Notwithstanding anything in any other law for the time being in force, where a financing agency or other selected agency, as the case may be, advances a loan or a special loan or such loan is deemed to have been so advanced, such loan or special loan shall, subject to any claim of the Government in respect of land revenue have a first charge on the land included in the scheme for systematic land development for the purpose of recovery of such loans and where the aforesaid agency is the Co-operative Agricultural Development Bank, the loan amount may be recoverable in the manner provided by sections 101 to 106 of the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964).
31. Alterations of extent of boundaries of mortgaged land under the scheme for systematic land development - Where on the implementation of the scheme for systematic land development, the extent or the boundaries of the land shall alone from the substituted security for the land mortgaged.
32. Exemption from certain duties and fees - If, in the opinion of the Government, it is necessary in the public interest so to do, they may, be notification and subject to such restrictions and conditions as may be specified in such notification, reduce or exempt in respect of any financing agency or of such institution or person as may be notified by the Government in this behalf-
(a) the stamp duty with which, under any law for the time being in force, instruments executed by or on behalf of a financing agency or the institution or person aforesaid pertaining to the business of such financing agency, institution or person in so far as it relates to matters provided under this Act of any clause of such instruments, are respectively chargeable; and
(b) any fee payable under the law relating to registration for the time being in force or court fees.
33. Registration of document executed on behalf of a financing agency, etc - (1) Notwithstanding anything in the Registration Act, 1908, it shall not be necessary for any officer of a financing agency or any institution, or person referred to in section 32 to appear in person or by agent at any registration office in any proceedings connected with the registration of any instrument executed by him in his official capacity pertaining to the business of such financing agency, institution or person in so far as it relates to matter provided under this Act, or to sign provided in section 58 of that Act.
(2) Where any instrument is so executed, the registering officer to whom such instrument is presented for registration, may, if he thinks fit, refer to such officer as is referred to in sub-section (1), for information in regard thereto, and on being satisfied of the execution thereof, shall register the instrument.
(3) Notwithstanding anything in the Registration Act, 1908 (Central Act 16 of 1908), it shall not be necessary to register mortgages or instruments executed in favour of a financing agency or any institution or person referred to in section 32, in respect of transactions made under this Act, where the financing agency or institution or person aforesaid sends within fourteen days from the date of execution of such instrument requiring registration a copy thereof to the registering officer having jurisdiction who shall file such a copy in the book maintained under section 51 of that Act.
CHAPTER-VIII OFFENCES AND PENALTIES