(1) The charge for water which has been used in an unauthorised manner, otherwise than, on cultivated land shall be made at thrice the volumetric rate fixed under section 37 read with section 39 or under section 40 as the case may be.
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(2) Charge for water, which has been wasted, shall be made at thrice the volumetric rate fixed under section 37 and in addition, a penalty to the extent of Rs. 250 on the discretion of the canal officer may also be imposed. The canal officer may utilize the whole or the part thereof to compensate the person affected by such waste.
74. No charge shall be made for water obtained by percolation, leakage, or flooded by breach of canal which is not induced unless in the latter case it has been deliberately diverted to the fields which it is expected to benefit.
I. Rule 72 - "at double" and "thrice" in sub-rule (a) & (b) changed to 1.75 times vide Notification No. F 27-3-77-MM-31 dt. 28-12-78 Change is effective from 1st Dec. 1975.
II. Revised sub-rule (b) of rule 72, substituted vide Irrigation Deptt. Notification No.
F/21/I/B/MM/31/11 dated 5-11-84.
75. A canal officer or canal subordinate on becoming aware of waste of water, shall immediately stop it. In a case of unauthorized use he shall stop the flow, if he considers that the supply to areas that are entitled to receive water will be adversely affected by allowing it to continue. In either case he shall submit a report to the Executive Engineer.
76. The Executive Engineer, on receipt of a report of unauthorized use or waste of water, shall after examination of such witnesses as he may consider necessary, record his orders with the reasons thereof, and shall communicate them through the Canal Deputy Collector to the section subordinate concerned.
77. If a cultivator wished to make any representation regarding the orders passed by the Executive Engineer, he shall do so either personally or in writing within ten days of the receipt of the parcha.
A representation may be addressed either to the Executive Engineer or to the officer who submitted the original report. If a personal interview Is desired, this shall be stated. The officer, who receives the representation. shall then intimate to the applicant the date, time and place at which his representation will be heard or Interview granted.
78. If an appeal is made to the Collector against the orders of the Executive Engineer, the Collector shall, before considering the case, obtain from the Executive Engineer, the reports, plan etc. on which the orders were based. He shall communicate his decision to the applicant through the Executive Engineer.
74 Sect ion 44 (A) (2)
79. The Executive Engineer, shall have a watch over the Concerns, whom a supply of water under section 40 of the Irrigation Act, has been made and see that adequate arrangements are made to make best use of such water for cultivation.
80. On discovery of the use of water made under rule 79 for cultivation; the water rates shall be charged in the manner prescribed below:
(a) In case, two or more watering Including preparing land for cultivation, crop rates shall be charged but for one watering the rate for preparing land for cultivation shall be charged.
(b) In case of water being used for other than agricultural purposes, the rates prescribed by the Government for such use shall be charged.
N. B. - In such areas agreements or demand will not be necessary and the procedure for recording and assessing canal water shall be applicable.
Section 44-B
81. The area irrigated outside the submerging tank while emptying or through sluice, waste weir etc. shall be charged at crop rates provided the number of watering including preparing land for cultivation is two or more otherwise rate for preparing land for cultivation shall be charged.
Sections 45,52,58 read with sections 92 & 93 (c)
82. The Irrigation agreements under these rules shall be signed on behalf of the Government by the canal officer or by any other officer or canal subordinate of the Irrigation Department authorized for that purpose by the Executive Engineer in this behalf.
83. No Irrigation can be made from a canal unless an agreement is concluded between the Government of Madhya Pradesh and the permanent holder except in those cases which are exempted under these rules. Irrigation made without entering Into agreement shall be treated as unauthorized irrigation and the permanent holder, irrigating their fields before entering into agreement or irrigating such fields or area not specified in the agreement already entered into by them, shall be liable to punishment and assessment under the provisions of the Act, and the rules made there under.
1[84. The long term agreement in Form 8 and short term agreement in Form 9 and supplementary long term agreement in Form 10 appended to these rules shall be concluded. The long term agreement shall be operative for a period of 5 years and the short term agreement will be drawn every year. The terms and conditions laid down In such forms shall be constructed as part of these rules.
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1. Rule 84, substituted vide Irrigation Deptt. Notification No. F/29/78/MM/78/31/IV dated 31-3-83.
85. An irrigation agreement may be modified or cancelled by mutual consent between the canal officer on behalf of the State Government and the permanent holder cancerned.
1[86. The long term agreement shall be village wise, tank wise or project wise for the irrigation of Rice in rice lone, as well as in wheat and mixed crop Zone. The supplementary agreement shall be made in Form 10 appended to. these rules.
87. The long term agreements for rice irrigation far a mahal or chak may be accepted by the Superintending Engineer when it Is clearly in the interest of State Government to do so.
Separate agreements may be made far parts of a village irrigable from separate works.
Separate works imply separate tanks or projects and not separate distributaries of the same project.
88. If, on examination of a long term agreement and after explaining its terms to the permanent holders present, the Canal Deputy Collector or an Irrigation Inspector who has been specially authorized under section 51 to accept an agreement is satisfied that either the permanent holders of not less than two third, or not less than 95% of the permanent holders of, all the Irrigable land in a village, mahal or chak cultivated with crops to which the agreement relates, have signed the agreement, and in the case of mahal or chak, the consent required under the proviso to section 51 has been given, he shall take action to comply with the provisians of section 52.