(i) The canal officer may, at any time, correct any entry in the assessment papers which he considers to be incorrect and shall initial each correction. Provided that if such correction involves increase in the amount payable, he shall not do so till he has given the occupier concerned an opportunity of being heard.
(ij) If after distribution of the parchas any additions are made to the demand, or any deduction is allowed on complaint, or by remission or otherwise, such addition or remission shall be communicated to the cultivator by means of supplementary parcha.
(iii) All such alterations as are made before despatch of Kistabandi Khatonl or abstract Kistabandi Khatoni to the panchavat and canal Deputy Collector, shall be shown in that document, alterations made after the despatch of Kistabandi Khatoni and Abstract 92 Kistabandi Khatoni shall be communicated tothe panchvat and Canal Deputv Collector or Tehsildar by means of a revised supplementary Kistabandi Khatoni and abstract Kistabandi Khatoni containing the names of the occupiers and amount to be reduced or added in the demand shown against each occupiers.
182. The Kistabandi Khatoni shall be sent to the Sarpanch and members of the panchayat or patel be the Irrigation Inspector under his Signatures on or before 15th JanuarY/30th April for the Kharif/Rabi Kist. The Sarpanch, and members of the Panchayat or Patel, on receipt of this statement, shall at once proceed to collect the canal revenue from occupier concerned and give acknowledgement in the Sinchai-pustika available with the occupiers concerned and after making entry in the Kistabandl Khatoni will further prepare a receipt statement in duplicate by using carbon and will obtain signatures of the occupier concerned in token of having received the acknowledgement in Sinchai-pustika alongwith the amount deposited by him.
183. Within a fortnight of the receipt, the Sarpanch, Panch or Patel realizing the amount will remit it into the Treasury, sub treasury or bank as the case may be. A challan shall be prepared in triplicate and signed by the person remitting the amount. One copy will be retained in the Treasury, Sub-Treasury or Bank and two copies will be given to the depositer who will szend the challan alongwith the original copy of the receipt statement, containing the signatures of the occupier concerned to the Canal Deputy Collector, so as to enable him to verify the amount realized.
184. The Irrigation Inspector and the Amin, will assist the panchayat and have close watch while realization is in progress and see that the amount realised is timely deposited and due receipts are given to the depositors In Sinchai Pustika (Form 11-1n Hindi). The breach thereof, may then and there, be reported to the Canal Deputy Collector when noticed, who will take such steps as he deems fit to check the same.
185. No collection of canal revenue may, on any account, be made by panchayat or patel after the date as prescribed in rule 140. By that date, the sarpanch or members of the panchayat or patel, who have made payments into the Treasury, will enter in the Kistabandi Khatoni, all amount collected by them. The members of the Panchayat and Patel will, however, be allowed Seven days from this date within which they must pay into the Treasury any "sums collected and not deposited by them and return the Kistabandi Khatoni to the Amin concerned immediately.
186. In case, the papers are not returned by the sarpanch, panch or patel within the prescribed period, the Amins will proceed to collect these papers and if, the Sarpanch, Panch or Patel refuses to handover the records, will report the fact immediately to the Canal 93 Deputy Collector who shall with the help of the police obtain these papers and take such further steps as he deems fit.
187. After collection of the Kistabandi Khatoni and receipt statement, if any, the Amin shall check the entries and prepare the defaulter's list in Form 26 and submit them with the Kistabandi Khatoni to the Irrigation Inspector within seven days. The Irrigation Inspector will check the figures in Col. no. 25 of the Kistabandi Khatoni and compare them with the figures in the defaulter's list, will enter in the Kistabandi Khatoni the name of the members of the panchayat who were absent or who did not take part in the collection of Canal Revenue and will forward the documents to the Canal Deputy Collector within 10 days from the receipt. If any excess collections have been made, he will enter them In red Ink in remarks column.
188. From the Kistabandi Khatonl the Canal Deputy Collector will then complete his villagewise statement and register. He will also prepare in duplicate by works and for each Sub- Division, the statements of commission payable to panchayats and patels for collection and for administrative work in Form 27 & 28. The statement will be submitted to the Executive Engineer who will authorize payment. The receipt for payments will be taken on the duplicate copies of the Forms as far as possible and the remainder on hand receipt, Statement of commission payable for administrative work in respect of Kharif and Rabi Crops will be approved by the Executive Engineer by the 31st January and 31st May respectively and all payments made before the end of April and October respectively. The statement of commission payable for collection work for Kharif and Rabi crop shall be approved by the Executive Engineer by the end of March and July and payments shall be made by the end of April and August respectively through the Canal Deputy Collector.
189. The Canal Deputy Collector shall compile the defaulter's list for each Tehsil and from them will prepare Individual defaulter's file, in accordance with the procedure laid down in rules made under section 155 of the Madhya Pradesh land Revenue Code, 1959 and will then arrange to collect all outstanding amounts as arrears of land Revenue. In order to assist the Canal Deputy Collector in issuing warrants, selected Amins under an Irrigation Inspector may be deputed by arrangement with him to attend the Canal Deputy Collector's Office and prepare warrants. Where the defaulter, at any time before the warrents is issued, pays the outstanding amounts to the Canal Deputy Collector, he shall be given a receipt for such payment by any of the Canal subordinate authorized in this behalf by the Executive Engineer/Canal Deputy Collector, and a statement from the Abstract Kistabandi Khaton shall be prepared by the Canal Deputy Collector In the prescribed form and shall be sent to the Executive Engineer by the fourth of the following month. The Executive Engineer shall compile the consolidated Tauzi and send it to the Superintending Engineer by the 10th of the following month.
94
190. All Irrecoverable amount, on account of death or absconding of a defaulter, or for any other reason, may on the recommendation of the Canal Deputy Collector, be remitted by the Superintending Engineer UP to Rs. 250/- in each individual case.
191. Adjustment and refund of water rates on account of excess recovery or grant of remission after realization or otherwise shall be allowed by the Executive Engineer with the previous approval of the Superintending Engineer In the ensuing year.
192. If any sarpanch, panch or patel responsible for passing receipt fails to give receipt as required under the rules he shall on application by the payee within 15 days of the payment, be liable to pay penalty to the extent of Rs. 50 only under an order of the Canal Deputy Collector.
1[193. If any water rate (Canal Revenue) or any part there of is not paid within one month of the prescribed date the Canal Deputy Collector may impose penalty on such defaulter at the following rates, namely.
(i) Where payment is made within one year from the due date 10 percent of the amount Not so paid.
(ii) Where payment is made after one year or more from 13 percent of the the due date amount not so paid 95 Section 65,75,93 (c) and 92 (5)
194. Application for the investigation of water courses shall be made In From 29 and contracts under section 65 in Form 30 attached to these rules.
195. When an application In Form 29 Is received :
(a) The Executive Engineer shall cause such Investigation to be 'made as he may consider suitable;
(b) The investigation shall be made In consultation with the permanent holders concerned; and
(c) The proposals accepted by the permanent holders concerned shall be marked on a copy of the village map, which shall be signed by not less than three of the leading permanent holders, who have applied for investigation or, if the number of persons who have applied is less than three by all such persons.
196. The Executive Engineer shall then prepare an estimate of the cost of the water course or system of water courses and when it is approved by the competent authority, he shall instruct a canal officer or Irrigation Inspector to take the signature of the applicants on Form
30.
197. If the conditions of section 66 are fulfilled, action shall be taken in accordance with section 52 read with section 67 and the certificate In Form 31 attached to these rules shall be signed by a canal officer before the contract is finally made and endorsed as in Form 32.
1. Revised rule 193 substituted vide Notification No. F/29/1!83/MM/31 dated 10-7-85 superseding the earlier amendment vide Notification No. 29/78/ML/ 39/78/11 dated 31-3-
83. Penalty at the revised rates shall be leviable from the date of issue of this notification.
198. The Amin, in consultation with the irrigation panchayat, shall prepare a list of the permanent holders and occupiers of land which is ordinarily irrigated or may be irrigated, who are responsible for maintaining a water course or a system of water courses. He shall enter against each permanent holder or occupier, the area of irrigable land held by him which is or may be served by the water Course or system of watercourses concerned and each permanent holder or occupier shall be responsible for executing the work or supplying labour for its execution in proportion to his area of land, which is ordinarily irrigated or may be irrigated, bear to the total area of irrigable land served by the water course or system of water courses. A copy of the list, after it has been approved by the Sub-Divisional Officer, shall be furnished to the Irrigation Panchayat and it shall be amended annually under arrangements made by the Sub-Divisional Officer.
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199. The Sarpanch of the Irrigation Panchayat shall maintain a record of the labour employed, the person by whom it is furnished, and the time during which it works. If a complaint is made of default to render assistance by any permanent holder or occupier who is liable to do so, the entries in this regard shall be taken into account by Executive Engineer in assessing the sum that such permanent holder or occupier shall be required to pay under section 73(c). Any money so recovered in excess of the sum expended by the Executive Engineer on the repair of the water course shalt be credited to the Irrigation Panchayat fund.
200. Whoever, without proper authority does any act whereby a water course is damaged or altered, or the flow of water is interfered with or the water is rendered corrupt or foul, shall be punishable with a fine which may extend to two hundred and fifty rupees, and when the breach is continuing one, with further fine which may extend to ten rupees for every day after the first breach during which the breach has been persisted in.
Section 75{C), (D)(4), (E) & (G)
201. The field channels shall ordinarily be run on the field boundaries, but the same may be taken across the fields if technical aspects so demand. In such cases the lands may be acquired under the provisions of Land Acquistion Act, 1894.
202. The expenses Incurred on execution of field channels includes the expenses on jungle clearance, earthwork, cross drainage works, cart track crossing etc. and also the work charged establishment put on the Job, as also the cost of Land Acquisition under rule 201; if any.
203. The field channels shall, as far as possible, touch every field with a view to feed them directly, without Involving any expenditure by the permanent holders and occupiers concerned.
204. The area benefited means the area situated on either side of, or at the tail of the field channels Irrespective of the fact whether the same, is fed by flow or lift of water, but does not Include the Government land Irrigated there from till allotted to any individual.
205. The subsequent allottees of the Government land so benefited shall be required to pay the Irrigation Panchayat concerned, the share towards the cost of contribution of field channels, with due regard to the area benefitted, and in default the same shall be recovered from them as arrears of land revenue. The amount of share per acre being the same as determined by the Executive Engineer for that chak.
206. The field channels shall be deemed to have been maintained in a fit state of repairs If full supply of water proposed for Is conveyed without involving any wastage.
207. The responsibility for maintenance of field channels shall rest with the beneficiaries of the lands situated on either side or at the tail of the field channels so constructed and the amount incurred by the Executive Engineer in pursuance of the provisions under sub- 97 section (2) of section 75-E shall be recovered from such beneficiaries responsible for such maintenance with due regards to the area benefitted by such field channels. The share of Government land shall be borne by the beneficiaries only.
208. The apportionment and the recovery of the expenses Incurred on construction of field channels shall be made by the Executive Engineer in the manner prescribed below in exercise of the powers conferred under section 75-C and sub-section (3) and (4) of section 75-D:
(a) When the work is undertaken under sub-section (2) of section 75-D, the amount so reported, shall be recovered and apportioned from and amongst the beneficiaries respectively with due regards to the area benefitted by such works.
(b) When the work Is undertaken under sub-sections (2) and (4) of section 75-D the amount reported under subsection (2) of section of 75-D and the amount incurred under sub-section (4) of section 75-D, shall be combined together and the total amount shall be recovered and apportioned from and amongst such permanent holders and occupiers with due regard to the area benefitted by field channels 80 constructed.
(c) When the work is undertaken under the provision of section 75-8, the amount so incurred shall be recovered from the beneficiaries named in the order with due regard to the area benefitted by such field channels.
209. The field channels so constructed shall be handed over to the beneficiaries through the irrigation panchayat and receipt obtained there from. A map on lattha cloth showing the alignment of field channels, cross drainage works, carttrack crossings, with details of pipes fixed shall be given to the irrigation panchayat concerned, and one copy shall be retained in the office of the Executive Engineer duly signed by the canal officers.
210. The following shall be deemed to be the persons entitled for taking water from the field channels so constructed:
(a) All those who have contributed towards the cost of construction of such field channels.
(b) All those who have their lands within the command of such field channels and are desirous of availing irrigation facilities.
(c) All those who wish to take water for non agricultural purpose of general utility; provided that they pay to the irrigation panchayat one fourth of the usual charges of water rates till the amount of share per acre as contributed by the persons mentioned in clause (a) above is completed.
211. All supplies under clauses (b) and (c) of rule 210 shall be allowed by the Executive Engineer on the recommendation of the irrigation panchayat concerned, under conditions being applicable in usual course.
98
212. All outstanding amounts under proviso to clause (c) of rule 210 above shall be recovered as arrears of land revenue and credited to the concerned panchayat fund account.
213. Notwithstanding anything contained in the foregoing rules any person may prevent the flow of water :
l[(a) on his turn when the turn system (warabandi) Is In force, or
(b) When the water is being wasted, or
(c) When the water Is being used by the unauthorized persons depriving the authorized persons, or
(d) Otherwise with the written permission of the depart mental staff or irrigation panchayat concerned.
214. Any change in the alignment and extension of the field channels so constructed or already constructed may be allowed by the Executive Engineer on technical or on administrative grounds under written orders on application received from the permanent holders or occupiers, at the. expenses of such permanent holders or occupiers.
215. The field channels constructed prior to enforcement of these rules shall be governed by the rules applicable to construction and maintenance of field channels.
216. Whoever without Proper authority does any act whereby a field channel is damaged or altered or flow of water in interfered
1. Rule 213(a), the words "Osrabandi or" deleted vide Irrigation Deptt. Notification No. F-27-8-81- MM'39 dated 6.11.82.
with or the water is rendered corrupt Or foul, shall be fined upto Rs. 250 and If the breach is a continuing one, a further fine which may extend to Rs. 10 for every day after the first day during which the breach had been persisted In.
217. All relevant accounts shall be maintained by the Executive Engineer in his office.
218. The amount to be recovered on account of expenses incurred on construction of field channels or maintenance thereof, shall be recovered by the irrigation department in lump sum upto Rs.50 and in case the amount is more than Rs. 50 In three equal instalments to be paid annually.
99 Section 93 (A – 1)
219. The distribution of water for irrigation beyond the outlet will ordinarilV rest with the beneficaries, who will apportion it among themselves. If they disagree they may approach the irrigation panchayat for proper distribution.
1[220. The irrigation panchayat with the help of the Amin and consultation with the beneficiaries concerned shall settle the dispute by mutual agreement which the beneficiaries shall be bound to abide.
2(221. On an application made by the irrigation panchayat or two-third of the beneficiaries concerned for preparing warabandi programme, the Executive Engineer. shall depute the Canal Deputy Collector or Sub-Divisional Officer or Irrigation Inspector to enquire into and submit the report as to whether enforcement of warabandi is necessary.
3[222. The application for warabandl programme shall ordinarily be rejected If the area under complaint is :
(a) Very small;
(b) Irrigated from well;, 1,2,3. In rules 220, 221, 222 the words 'osrabandi' corrected to "warabandi" vide Notification No.
F.27-8-81-MM-39 dated 6-11-82.
(c) On foreside of a drain, drainage or low ground or situated outside the area commanded by the out-let;
(d) On a temporary outlet;
(e) In times of drought or intense demand;
(f) Shortly before a new settlement;
(g) Proper maintenance of water course is not done.
3(223. The Executive Engineer at his own initiative may also take up warabandi programme where :
(a) Fair distribution and economy of water is desirable;
(b) The area commanded is too large for the outlet;
(c) The water course is long one.
(d) There is enemity between parties leading to dispute in distribution of water.
(e) Some parties are weak and others are strong depriving the weak persons of their share of water.
(f) The area commanded is in more than one village, leading to disputes.
(g) Government land is irrigated.
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(h) Redistribution of outlets is carried out and areas or adjacent outlets combined or altered.
4[224 On approval of the report of the inquiry officer for warabandi, the Executive Engineer shall ask the applicants to deposit Rs 50 to meet expenses on tracing shajra etc. and other incidental work, and departmental overheads.
225. The deposit of Rs. 50 shall be made by the applicant into the sub-division or division office and a receipt shall be given to the payee and credited to the maintenance head.
1,2. In rules 223, 224, & 226 the words osrabandi corrected to "warabandi" vide No ification No. F- 27-8-81-MM-39 dated 6-11-82.
1[226. On deposit of the amount the Executive Engineer shall order the Canal Deputy Collector or Sub-Divisional Officer or Irrigation Inspector for the preparation of warabandi programme to be completed within three months. The various steps In the preparation of warabandi programme shall be :
(a) Preparing a map on tracing cloth of the area under dispute, in triplicate.
(b) Marking of commanded area in green ink,
(c) Preparing cultivator wise details of the survey numbers, area under command of the outlets under operation;
(d) Marking of cultural land under possession of Government in yellow colour;
(e) Marking of unculturable land in black hatching;
(f) Marking of area for osrabandi vide item (c) in red colour;
(g) Marking of the boundary of the thok in dotted yellow;;
(h) Marking of the alignment of water courses and field channels in blue colour.
2(227. The Irrigation Inspector shall call a meeting of the permanent holders of the outlets under warabandi and ask them to form thoks and select thokdars from amongst them. The thoks should be as few as possible.
228. After the finalization of thoks and preparation of papers under item (a) to (h) of rule 226, the Canal Deputy Collector or Sub-Divisional Officer shall prepare a statement showing the names of each cultivator and the survey numbers of the fields, with their areas by cultivator and thok.
3[229. The total area of the outlets under command for warabandi shall be distributed in 168 hours (or week) and timings for individuals shall be fixed in proportion to their holdings under command of the outlets under warabandi. The 101 timings shall start from Sunday at 8.00 a. m.
1,