(1) Except when a case or proceeding before a canal officer has been decided on its merits no appeal shall lie from an order under rule 20.
(2) The party against whom any order is passed under rule 20 may, subject to such restriction as may be imposed in the Act, apply within thirty days from the date of such order, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing, and the canal officer may, Gifter, notice to such other parties as 66 may be concerned and after making such inquiry as he considers necessary, set aside the order passed.
23. A canal officer may give and apportion costs Incurred in any case or proceeding in such manner and to such extent as he thinks fit, provided that no cost shall be levied or awarded in cases or proceedings which are undertaken, in the administrative or fiscal interests of the Government.
24. Save as otherwise provided in the Act and the rules made there under all appearances before, application to, and acts to be done before any canal officer under the Act. or the rules made there under, may be made or done by the parties themselves, or by their recognized agents, or in a case before the Commissioner by any legal practitioner acting on their behalf.
Section 35
25. The first joint inspection of the alignment of a canal system before it is constructed shall be made by the Sub Divisional Officer (Irrigation) and either the revenue officer deputed to deal with proceeding for the acquisition of land required for the construction of the canal system or a revenue officer deputed by the Collector.
26. Crossing for traffic shall ordinarily be Provided on canals and branch canals at an average distance apart of two miles, and on distributaries, minor distributaries at an average distance apart of 1-1/2 miles:
Provided that in special cases crossings may be provided at distances lesser than those mentioned above.
27. Irrigation crossings shall ordinarily by provided on the alignment of existing field channels, but where there is more than one field channel from existing tank on one side of a valley. only one crossing shall usually be constructed.
28. The inspection shall be made on the spot by the aforesaid two officers jointly. A meeting of the inhabitants of the adjacent lands shall be convened for the purpose of consultation and any suggestions made by them shall be briefly recorded and considered. The two officers shall thereupon decide where, in their opinion, crossings should be provided and prepare a joint report in such form as may be specified by the state Government. Such proposal that has been considered shall be entered separatelv in Form 1.
29. The joint report shall be submitted by the Sub Divisional Officer (Irrigation) to the Executive Engineer, who shall. after entering therein his remark and recommendations, forward it to the Collector.
30. If the Collector disagrees, with the recommendation of the Executive Engineer, he shall record the fact In original report, and if in any particular case he considers that further inquiry is necessary, he shall, either make it himself or shall depute a revenue officer to inquire and report, jointly with the Sub-Divisional Officer (Irrigation). This inquiry shall be 67 made In the same manner as the original Inquiry and the supplementary report shall be submitted by the Sub-Divisional Officer (Irrigation) to the Executive Engineer and by the latter to the Collector.
31. The Collector shall return the report to the Executive Engineer after recording his approval to works which he considers necessary.
32. The Executive Engineer shall submit to the Superintending Engineer through the Collector the reports on works in regard to which he has been unable to come to an agreement with the Collector. If the Superintending Engineer agrees with the Executive Engineer and not with the Collector, he shall forward the case to the Commissioner. If the Commissioner does not accept the views of the Superintending Engineer he shall submit the case to the Secretary to the Government in the Irrigation Department for orders.
33. When a final decision has been arrived at regarding the position of all crossings required on a canal, the Executive Engineer shall prepare two copies of the report in which shall be included all cases that have been considered. These copies shall be signed by the Executive Engineer and the Collector and filed in their respective Offices. The orders passed in regard to both crossings which are refused and crossing which are to be provided shall be communicated to the inhabitants concerned.
34. The Superintending Engineer shall, in consultation with the Commissioner, decide when the second joint inspection shall take place. The period of three years shall count from the date on which water is first admitted to the canal concerned.
35. The procedure for the first joint inspection shall apply to the second joint inspection except that the Sub-Divisional Officer (Revenue) Or such revenue officer as may be deputed by the Collector for the purpose shall be associated with the Sub Divisional Officer (Irrigation).
Section 37
36. Proposals for the fixation of rates for the supply of water under clause (a), (b) or (c) of sub-section (1) of section 37 shall be considered by the Standing Committee for irrigation after which the said proposals and the opinion of the Standing Committee shall be placed on the table of the Madhya Pradesh Legislative Assembly The State Government shall give the Assembly an opportunity of discussing them and shall take into consideration any resolution concerning them that may be passed by the Legislative Assembly before fixing the rate to be charged:
Provided that if the State Government considers any case to be so urgent as to necessitate the immediate issue of orders, it ma' take action at once.
68 All orders issued under this proviso shall, within six months of their issue. be placed before the Standing Committee and thereafter laid on the table of the Legislative Assembly.
37. Notwithstanding anything contained in the aforesaid rule if no Standing Committee for irrigation is constituted the State Government may fix the rates which shall be placed before the Standing Committee if such committee is constituted within a period of 6 months from the date of such orders and after the expiry of the said period, shall be laid on the table of the Legislative Assembly.
Section 37 (2)
38. Water rates shall be assessed by the Canal Officer, at the rates specified in the Schedule of rates as notified by the Government of Madhya Pradesh from time to time, in accordance with rules 36 and 37.
1[39. If a cultivator takes water for preparing land for cultivation and does not sow the crop, and if crop is sown and no subsequent watering is done he shall be charged at the rate for preparing land for cultivation only and if subsequent watering is also done, he shall be charged at crop rates only.
40. If an area is sown with mixed crop for which different water rates have been fixed the whole area will be assessed at the highest of such crop water rates.
1. Revised rule 39 substituted vide Irrigation Deptt. Notification No. F/29/1/B/MM/31/U dated 5-Il-84.
41. If different crops are grown in different parts of the same field, the water rate for the whole shall be calculated on the highest rated crop unless the division between crops have been clearly defined by a ridge not less than half a foot high.
42. When original crop is sown but fails and the field is ploughed afresh for sowing another crop in the same season, the rate to be levied shall be due on the crop which comes to maturity (only where the area is declared to be exempted from agreement).
43. If the agreement is concluded for a port/on of a field only, that portion shall be clearly demarcated by a ridge not less than half a foot high. In case the portion is not demarcated, the entire field shall be assumed as having been irrigated and water rates shall be charged on it at normal crop rate.
44. In cases of fields proposed to be irrigated partly by canal water and partly by other source, short term Irrigation agreement for portion of the field to be irrigated by canal water shall be concluded and that portion shall be clearly demarcated by a ridge not less than half a foot high. If the agreemented portion of the field is not demarcated, whole field shall be 69 assumed as having been irrigated by canal water and the area in excess be charged at 1[1.5 times the crop rate.
45. If water from a well or any other source is conveyed In the same channel or water course in the same season the whole irrigated area during such season shall be treated as irrigated from the State canal.
46. The Executive Engineer. may permit supply of water for the purpose of forming, thrashing floor, free to any person whom a supply of water for irrigation has been sanctioned under these rules and to any other person at the rate for preparing land for cultivation.
47. When short term agreement for supply of water is presented after the prescribed date but not later than one month of the date prescribed under rule 98 and 99 the water rate shall be charged for such agreemented area @ 10% more than the ordinary crop rate.
1. Rule 44. The words "double the the crop rate" changed to-at 1.5 time the crop rate vide Notification No. F-27-3-77-MM-31 dated 28-12-78 and is ordered to be substituted w. e. f. lat Dec:. 1975.
48. When short term agreement has been given to irrigate specified area, and the applicant Irrigates an area In excess of such specified area the same be charged l( at 1.5 times the crop rate.
49. If the trees standing at different places having deep kyaries (Thavalas) round each individual tree are watered, then such individual tree may be taken as if it is standing on an area of 1/40th acre and the garden crop rates shall be charged on it. If more than 40 trees are there in one acre the rate per acre shall be charged. In case water is taken without deep kyaries (Thavalas) round the trees proposed for Irrigation, the whole watered area shall be measured and assessed as per acreage crop rate.
50. Irrigation from escape, percolation, leakage from channels and from drainage channels bhall be charged at crop rates, provided that the number of watering Is two or more Including water for preparing land for cult/vat/on, otherwise rate for preparing land for cult/vat/on, shall be charged. In case of fields Irrigated by well or wells sunk within distance of 150 metres from main canal and 50 metres from distributaries the water rate shall be charged for the Irrigated area at half the crop rate.
51. When the crops are damaged by percolation; leakage or breach of canal etc. no charge shall be levied but recording of such area shall be Invariably done and verified by the superior officer.
52. Persons using water without permission at the time prohibited by proper authority, that is, during closed day, or contrary to the osrabandl programme or for the Irrigation of a field which has been debarred from canal Irrigation, shall be charged at double the crop rate and in every such case the canal officer may Impose penal charges to the extent of Rs. 250.
70
1. Rule 48.The words "double the crop rate" changed to-at 1.5 times the crop rate vide Notification No. F-27-3-i7-MM-31 dated 28-12-78 and is ordered tobe substituted w. e. f. 1st Dec. 1975.
53. In case of persons, willfully cutting the bank or placing bunds in the bed of a canal, for the purpose of irrigating their fields, a fine to the extent of Rs. 251> may be imposed by the canal officer.
Section 37-B
54. The cultivators desiring constructions of a Submerging tank shall apply to the Executive Engineer concerned in Form 2.
55. On receipt of the application the Executive Engineer shall undertake survery etc. to find out the feasibility of the scheme.
56. In case the scheme is feasible one, the Executive Engineer shall enter into agreement with the permanent holders of the land likely to be benefitted by the dampness of such submergence. The agreement shall be In Form 3.
57. Full tank level stones of the submerged tank shall be fixed at site and marked on the village map In triplicate showing the position of the stones fixed and the area benefitted thereby. A list of such areas shall be prepared In triplicate showing survery numbers, area, name of permanent holders etc. and kept in the record duly signed by the Executive Engineer. This will be taken as authentic record for further reference.
58. The gates of the submerging tanks shall opened before 1st October In any year and marking area actually submerged shall be completed by the September every year.
59. The Amin, section Subordinate or Irrigation Inspector shall proceed to mark out the area actually submerged after 15th September and complete the formalities as provided under sub-section (4) of section 37-8. In case the tank is full (F.T.L.) only panchanama to this effect shall be prepared duly signed by the beneficiaries and sent to the Executive Engineer for approval. In case the tank is not fu" the map of the area actually submerged shall be prepared on tracing paper in duplicate and sent to the Executive Engineer for approval along with the reasons for short fall, who shall return them duly approved within a fortnight for assessing accordingly. not be of the end of
60. If in any year of scarcity It Is considered that in view of making provision for drinking water certain submerging tanks should not be emptied, the Collector and Executive Engineer shall submit joint report to the Commissioner and the Collector shall prohibit the opening of 71 such tank in that year with the concurrence of the Commissioner. In al/ such cases remission may be granted by the Executive Engineer.
61. When an old scheme is restored, the Abi portion of land Revenue shall be treated as rebate. In case the present Abi rate is higher, the permanent holder shall be asked to pay the difference, and if the present Abi rate is lower, the cultivator shall pay the settled rate.
62. Unsettled cultivable land under submergence shall be charged at Abi rates in force in case the land is under cultivation or otherwise 1/2 of the Abi rates shall be charged.
63. If canal water is also taken in either of the cases mentioned in rules 61 and 62,1/2 of the canal water, crop rate shall also be charged in addition to Abi rates.
Section 38
64. Application for the supply of water for Irrigation on demand shall be made in writing by the occupiers requiring it In Form 4.