( 1) Cultivated land on which water has been used in an unauthorised manner shall be subject to the payment of water-rates; such rates are called "rates for unauthorised use".
(2) Rates for unauthorised use shall be payable by the occu piers of the land concerned:
Provided that, if such occupiers can prove to the satisfaction of a canal officer that the unauthorised use was due to the act or omission• of another person, the canal officer may levy such rates, or aportion thereof, from such other person.
(3) When ,vater is used in an unauthorised manner other wise than on cultivated land, the Executive Engineer may make an estimate of the volume of water used, and may determine the pers~ms responsible for such use and the persons who have been benefited thereby. Such ·water may be charged for at bulk rates to be prescribed from time to time by the State Govern ment, and the charges shall be distributed among the persons responsible and the persons b~·nefited by such use at the discre tion of the Executive Engineer.
(4) When water is wasted, the Executive Engineer may make an estimate of the volume of water wasted, and mav deter mine the persons responsible for such wastage. Such water rn.ay be charged for at bulk rates to be prescribed from time to time by the State Government, a:1d the charges shall be distributed among the persons responsible at the discretion of the Executve Engineer.
THE MADHYA PRADESH IRRIGATION ACT, 1931
(5) The levy of rates for unauthorised use or for waste shall not bar a prosecution for any offenc::: connected with such 81 use or waste.
(6) No suit shall lie in a civil court contesting any deci sion made by a canal officer under this section or by t 1-c [Collector]1 on appeal from such decision.
(7) Rules may be made under this Act regulating the pro cedure of canal officers in imposing liability for, and in asses - ing, canal revenue payable under this section.
[ 44-A. ( 1) All rights in the water dischareged as waste water after its use for the puropse for which it was supplied un der 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 pay ment of water rate at such rates as may be prescribed and such water rates shall be payable by the person utilisir ,uch waste water.
44-B. The permanent holders and occupiers of land situate outside the boundary of a submerging tank who utilise water discharged from the sluice and escapes of the said tank for pur pose of cultivation shall be liable to pay water rate at such rates as may be prescribed.]2
CHAPTER-VI IRRIGATION AGREEMENTS [45. (1) Agreements may be made, between the State Government and the permanent holders of land for the supp'y 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 fixe.l by the State Gnvernment, frcm time to fme·
Provided that, if the State Government considers it necessary so to do, short term agreement may also be made with occupiers of land.
(2) Agreements made in accordance with sub-sectoion (1) are called "Irrigation Agreements" and the water rates pay able thereunder are called "agreement rates".
(3) The State Government may divide the State for the purpose of short term agreements and agreements and may declare anv area wherefor no shall be made.
into zones long term agreements ( 4) Agreements under this section shall be made in accord ance with the provisions of this Chapter and the rules made thereunder.] 3 L Subs. by M. P. A. 0. 1956, for ''Deputy Commissioner"
2. lns. bv M. P. Act 42 of 1973, S. 6.
3. Subs. by M.P. Act 42 of 1973, S. 7.
Discharged waste water to vest in State Govern ment.
Water rate for utilisation.
of drain out water from submerging tank.
Power to make irrigation agreements.
THE MADHYA PRADESH IRRIGATION ACT, 1931 Scope of irrigation agreements.
Main incident of irriga.
tion agreements.
46.
(a) Irrigation agreementsshall be for the irrigation of one or more specified crops, which are called "crops under agreement";
(b) shall be made with the permanent holders of all irrigable land in a village, mahal or chak cultivated with the crops under agreement;
l[ (c) when duly made in accordance with the provisions of this Chapter, shall be binding, according to the terms of the agreement, on the permanent he lders and occupiers of- [ ( i) all irrigable land in the village, mahal or chak under cultivation with the crops under agreem ent at the time from which the agreement has effect or at any time during two years prior thereto :
Provided that where a scheme of consolidation has been confirmed in respect of any land un der the provisions of the Central Provinces Consolidation of Holdings Act, 1928 (VIII of 1928) the irriagation agreements shall, from the year in which the permanent holders and occupiers, if any, are put into possession of the holdings-
(a) be binding on the permanent holders and occupiers, if any, of all cultivable land newly recieved in exchange for land wich has ceased to be under cultivation; and
(b) ceased to be binding on the premanent holders and occupiers, if any, of all land which has to ceased be under cultivation J,2
(ii) all land described in sub-clause (i) together with such land as may be cultivated with the crops under agreement at any time during the period of the agreement, land on the permanent holders and occupiers where of an agreement is binding is called "land under agreement". J
47. In addition to any incidents applying generally to liabi lity for payment of water-rates, all irrigation agreements shall be subject to the following incidents, namely:- r(a) Canal revenue payable thereunder shall be payable-
(i) if the case falls under clause (c) (i) of section 46, for every_ year on all land under agreement, whether 1t has been sown or not and irrigated or not, and I. Ins. hy C. P. Act 8 of :936. S. 3.
2. Su~_",s 11y C. r. a~(J Bcr0r A.ct 55 of 1948. S. 5.
THE MADHYA PRADESH IRRIGATION ACT, 1,31 83 ( ii) if the case falls under clause ( c) (ii) of section 46, for any year on all land under agreement, which has been sown that year with any of the crops under agreement, whether it has been irrigated or not; J 1
(b) the canal revenue payable on any land for any year shall be collected from the occupier, or, on his de fault, from the permanent holder of such land;
(c) at any time when the amount of water available is deficient, or when damage is anticipated to the canal if a full dischan:i-e ~f water is ~ delivered, its supply may be regulate~! in such manner as the Ex ecutive Engineer mav determine;
( d) no claim shall arise against the Government for com pensation for any loss arising from a failure or shor tage in the supply of water for irrigation or from an excess of such supply :
Provided that rules may be made under this Act providing for the remission of agreement rates where there has been a fail ure of crops or a failure to deliver water owing to a defect m the head-works or distribution system.