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Section 89

Chhattisgarh Irrigation Rules, 1975State Rules of Chhattisgarh · 1931

(i) In the notice prescribed In section 52 of the Act, the Canal Deputy Collector or Irrigation Inspector competent to accept the long term agreement, shall specify the date, time and place at which he will hear objections before the agreement is declared to. be accepted.

(ij) He shall make a summary record of the objections made and his decision an each objection. If he decides that no good cause has been shown against the proposed declaratian, he Sh~1I make an endorsement in Form 11 attached to these l. Rules 86 substituted vide Irrigation Deptt. Notification !\o. F!29/78I1MM/78/S1/1V dated 31-3-83.

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76 Rule-90 ] M. P. Irrigation Rules 1974 rules on the long term agreement declaring that such agreement is final and binding on the permanent holders of all Irrigable land to which it relates.

90. If long term agreement is declared to be final and binding under rule 89, it shall unless it is otherwise specified, have retrospective effect from the commencement of the season In which It is made. A supplementary agreement in form 10 for a wet area may be accepted by Executive Engineer.

91. Water for Irrigation may, if demanded, be supplied immediately on long term agreement, which has not been declared final and binding if the Canal Officer, or canal subordinate, who is authorized to accept it, 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 the village, mahal or chak cultivated with crops to which the agreement relates have signed the agreement. Provided that, If subsequently for any reason whatsoever, the agreement is not declared to be final or binding the signatories of the long term agreement shall be deemed to have agreed to pay at demand rates for the supply given to the area of their crops that have been Irrigated.

92. Where more than one long term agreement exists for a village irrigated from a single work on expiry of one agreement the cultivators concerned shall be given the option of (a) renewing the expired agreement for a reduced period so as to expire simultaneously with other agreements or (b) making a single agreement for the whole village for five years and cancelling the unexpired agreement.

93. A copy of each long term agreement that Is declared to be final and binding shall be supplied to the Sarpanch of the village concerned;

94. For village under long term agreement in Form 8, the Amin shall prepare a list of Khasra numbers Included in the agreement, Including those declared out of command as soon as the agreement is made. This will show for each Khasra number, the commanded area and the name of the permanent holder. The list shall be checked by the Irrigation Inspector and a copy of it shall be attached to the agreement and a copy shall be given to the Sarpanch when the agreement is declared final and binding.

95. The short term agreement shall be made individually and crop wise for the irrigation of various crops or commodities in the wheat or mixed crop zone which ceases to be effective on the maturity of the crops or the commodities for which it has been concluded.

77

96. The Canal Officer or Officer authorized for the purpose may refuse any short term agreement or cancel It by giving a notice well in advance of the first watering even after signing the agreement:

(a) If any arrear In respect of water rate is outstanding against the permanent holder" or

(b) if it may not be possible to supply water to field or fields due to technical reasons, or

(c) if the permanent holder persistently falls to maintain his water course In proper condition.

97. The permanent holders, who have entered into short term agreement with the State Government and If there is no Interruption on the part of the State Government in giving them supply of water, shall be bound to pay the water rates on demand, Irrespective of whether they irrigate their fields or not. provided that if department fails to supply water to the area under agreement, such area may be treated as dry (Khusk Rakaba) and Superintending Engineer may grant full remission of canal revenue In such area. A statement of such area certified by the Sub-Divisional Officer, may be submitted to the Superintending Engineer. through the Executive Engineer.

Where this provision sits

ActChhattisgarh Irrigation Rules, 1975
Section89
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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