(1) Unless there is anything repugnant in the subject or lntcrpr-~t<1t:on.
context, any expression used in this Act which is defined or explained in the· Central Provinces Land Revenue Act, 1917 (II of 1917), or in the Central Provinces Tenancy Act, 1920 (I of 1920; 4 shall have the meaning therein assigned to it.
(2} Every expression, which is (iefincd or explained in ariy part of this Act, is used in every part of this Act in conformity with such definition or explanation.
3. ''Canal" includes- Canal.
f ( a) all canals, channels and reservoirs including submerg ing tanks, tubewells, drainage works, and lift irriga tion works constructed, maintained or controlled by the State Government for the supply or storage of water for irrigation; )5 ·· · ·
(b) all works, roads, embankments, structures, supply and escape channels connected with, or constructed for the purpose of facilitating the construction or maintenance of such canals, charmels or reservoirs;
l. for Statemtnt of Objects and Reasons and Report of Select ( omrnittee, see Central Provinces Gazette dated the 7th February, 1931 and 1st August, 1931, Part VII, pages 9 to 34 and 4 7 to 69, respectively. For dis~ussion, see c~ntral Provinces Legislative Council proceedings, 4ated the 25th February, 1931 and 28th August, 1931, pages 296 to 299 and 169 to 193 of Volumes I and II. respectively. ·
2. Subs. by M. P. Act23 of 195.~, S. 3 (4), for. "the Central frovin<,:es and Berar"
3. Subs. by S. 3 (3), Schedule,PartA, item 26, ibid.
4. Now see M.P. Land Revenue Code, 1959. (2() of 1959) .
. s. Sub. by M.P. A:t 42 of 1973, S. 2.
68 Water-course, Field chan ncL Canal system.
Private irrigation work.
Private water cou,,c, Grant-in-aid irrigation work.
Commanded.
THE MADHYA PRADESH IRRIGATION ACT, 1931
(c) all uncompleted works which, when completed, will fall within clause (a) or (b); and
(d) all land acquired or set apart for any of the above, but does not include a water-course.
4. "Water-course" means any channel which is supplied with water from a canal but is not maintained at the cost of the Govnerment, and all subsidiary works belonging to)uch channel [arid includes a field channel constructed in accordance with the provisions of this Act. l [4-A. "Field channel" means a channel which conveys or distributes water from an outlet or an opening in a water course for irrigation of fields belonging to private owners. J z '
5. "Canal system" means all canals supplied from one or mo~e common sources or head-works, together with all water courses supplied therefrom and all lands commanded thereby.
6. "Private irrigation work" means a work, which is nr,t the property of the Government, constructed or maintained for the supply or storage of water for irrigation, [ and includes a private water-c0urse.J3 (6-A. ''Private water-course" means a water-course constructed at the cost of a permanent holder.]3
7. "Grant-in-aid irrigation work" means a private irrigation work constructed or improved by or on behalf of a perma nent holder partly or wholly by means of a grant of money from the Government.
8. Land is said to be commanded by a canal when it ma" be irrigated from that canal by the flow of water under gravity, and .without the need of lifting or pumping the water [ ,._,.. ]4 :
Provided that jhe Executive Engineer, with the previous sanction of the Superintending Engineer, may declare any land to be not commanded if it can be irrigated only bi an excessive expenditure of water or by means of a water-course wfrch passe;
through an area which the Executive Engineer considers it desirable to aviod
Explanation.-Land which would not otherwise be comman ded may become commanded by the construction of a crossing for the passage of water across a natural drainage, channel or ridge.
I. Added by M.P. Act 23 of 1960 S. 2.
2. Ibid. S. 3.
3. Ins'. by M. P. Act 23 of 1958, S. 3 (3) Schedule part A, item 26.
4. Wordi; "or of obstructing its flow in a canal or water course" on1itted by C. P. and Jlerar Act 55 of 1948, S. 2.
THE MADHYA PRADESH IRRIGATION ACT, 1931
9. Land is .,aid to be wet- :,._a/ ( b) "When it is clas,ed in the annual papers cf the village under any clescripition Which the State Government may, by rules made under this Act, declare to have the meaning of "wet" for the pur poses of this definition; or when it has been declared bv the gineer. with the sanction of · the Engin~Tr, to be wet.
Executive En Superintending
10. Land is said to be i,rigablc when- ,'.a) it is commanded bv a canal : b: it lS under cultivation ;and
(c) it JS not wet.
[Explanation.-~-Land which has been cultivated with any crop at any time during two yc:1r.5 r 1-er-,:0ir1g t1nt +i:0m which an irrigation agreement has effect shall be deemed to be under cultivation.] 1 Wet.
Irrigable.
l 1. An "outlet" is ctn opening, constructed by [the State Outlet, Governmcnt] 2 in a canal, through which water is delivered in• to a water-course or directly on to any land.