(1) The short term Irrigation agreement for each crop shall be concluded as per programme given below :
S. No. Commodity Final date of issuing (Ailan) proclamation Final date of concluding ingirrign. agreement 1 Sugar cane 31st December 31st March.
2 Cotton and Makka 1 st March 15th April.
3 Paddy (Dhan) and other Kharif Fasal.
31 st May.
15th August.
4 All Rabi including Vegetables.
30th September. 15th December.
5 Zaid Rabl (Summer-Crop).
15th February.
31st March.
Note:- Any delay in issuing proclamation shall be subject to that much extension in the final date of concluding agreement for respective crops.
(2) Water for seeding of paddy may be given under order ot the Executive Engineer on the written application of the cultivator before concluding agreement and the field on which the water is taken shall be treated as an agreemented area.
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99. The Superintending Engineer if convinced shall extend the date of concluding agreement mentioned in column (4) of rule 98 to the extent of one month.
100. At least one month in advance of each crop season, the Executive Engineer shall invite a meeting of all the Irrigation Inspectors, Sub-Engineers, Sarpanchas & prominent occupiers of the land of the irrigated area, and after aquainting them of the water storage position of various tanks, and reservoirs providing the facilities of canal Irrigation, determine with their consultation the area which can be brought under canal irrigation. On determination of the total area the Executive Engineer shaft, allocate area to be irrigated by each distributary of the canal, publish the area so allocated to each distributary for general information on or before the dates prescribed in column (3) of the statement provided in rule 98 regarding short term agreement. The publication shall be made in Form 12.
101. In the meeting a tentative programme of releasing water through various distributaries (Osrabandi) and dates for opening of outlets for supplying water to fields beginning from tail portion of distributaries and upwards shall also be finalized.
102. Executive Engineer shall reduce or enhance the area determined in the meeting and even stop the supply In cases of emergency.
103. The short term agreement shall be submitted by the permanent holders or occupiers concerned duly filled in or the same may be got filled by the Amin concerned.
104. A receipt In Sinchai Pustika (Form 11-A-Hindi) shall be granted by the official receiving the agreement. Complaints in this regard may be made to higher officers immediately.
105. When it is proposed to make short term agreement with the occupiers, the Executive Engineer shall, depute Irrigation Inspector for that purpose and shall ordinarily cause a proclamation in Form 12 to be made in the village, or group of villages, setting forth the object and date of visit of the Irrigation Inspector, and the time and place where he will meet the occupiers. Such place shall be in the village itself or in some neighbouring village as shall be convenient to the Sarpanch or Panch and Patel, who shall necessarily be invited to attend the meeting in advisory capacity. Provided that nothing in these rules shall prevent the Irrigation Inspector from proceeding to take short term agreements should he at any time or place meet a sufficient number of occupiers and also the Sarpanch or Panch and the Patel of any village, without having issued such proclamation. If any centre is far away and it is not possible for the Irrigation Inspector to reach there on the fixed date, he can depute his subordinates concerned to take short term agreement at that centre.
106. The Irrigation Inspector shall explain the object of his visit to the occupiers and receive the short term agreement so produced or ask the Amin concerned to fill up the short term 79 agreement to the entire satisfaction of the occupiers, Sarpanch or Panch and the Patel present at the meeting. The Irrigation Inspector or any subordinate deputed shall sign the agreement as one party and obtain signatures of the occupier as the other party of the agreement and may obtain signatures (;)f the Sarpanch or Panch and Patel as witnesses in token of proper execution and correct entries of the agreement. .
107. The occupier shall take care before signing the agreement to get himself fully satisfied with the entries and other contents of the short agreements and all doubts removed. No complaint shall be entertained whatsoever regarding entries .of the agreement of the occupier, after he has put his signatures or thumb impressions in the presence of Irrigation Inspector or person deputed for the purpose.
108. Any occupier, who owing to reasons beyond his control, is unable to attend the, meeting so arranged for taking short term agreement, can approach the Irrigation Inspector with written application stating the cause of his inability in attending the meeting and expressing his desire to enter into agreement. The Irrigation Inspector shall on such application instruct the Amin to receive his agreement form if there is margin in the area allocated for irrigation and the date prescribed under rule 98 or 99, as the case may be, has not expired.
109. The occupier shall mention in the short term agreement exact area with the field numbers and crop which he intends to irrigate. In case of the part field, length and breadth or area shall be written in the agreement.
110. In the short term agreement the occupier shall mention carefully and clearly the crop which he intends to irrigate. However if he fails to sow the crop mentioned by him in the agreement following procedure shall be adopted:
(a) In case crop or crops superior to the one mentioned by him in the agreement is sown by him, charge shall be made at the rate fixed for that superior crop or crops.
(b) In case crop or crops inferior to that mentioned in the agreement in sown by him, charge shall be made at the rate fixed for the superior kind of crop or crops noted in the agreement.
111. If the occupier desires to irrigate any other field not mentioned in the agreement within the command, he can do so, after obtaining approval of the Canal Deputy Collector or Executive Engineer, through the Irrigation Inspector.
112. When assured supply is not possible from any works, canals, tanks, and portions thereof, due to technical aspects or unavoidable circumstances and the cultivators persist for irrigation at their risk, the Executive Engineer may declare such area or crops, exempted 80 from short term agreements and supply water to crops at the rate prescribed by the Government.
113. All agreement forms duly filled in, shall be submitted by the Irrigation Inspector with a list to the Executive Engineer, or the Canal Deputy Collector for sanction within a week after the expiry of the periods fixed in rule 98. The latter shall return the same duly sanctioned within one month.
sSection 47
114. Remissions of canal revenue under an irrigation agreement or in the submerged area shall, on application by the Panchayat on behalf of the occupier of the compulsorily assessed area of land concerned, in Form 13 and subject to such inspection and inquiry as may be prescribed by the State Government, be granted by the Executive Engineer in the following scale:
(a) Half remission in Khasra numbers In which thecrop is less then 50% and more than 33% of wet crop.
(b) Full remission In Khasra numbers in which the 33% of wet crop or less.
Provided that when a Khasra number exceeds five acres In area, the Executive Engineer may sub-divide it into plots not exceeding five acres and such plots shall be regarded as Khasra numbers for purposes of remission.
115. When owing to a defect in the head works or distribution system of a canal and not to shortage of supply, water is not delivered when required in any area, the Superintending Engineer may grant remission of canal revenue in such area though it is not admissible according to the scale prescribed in rule 114.
116. In years of general failure of the monsoon Inquiry shall, in accordance with such instructions as may be issued by the State Government, be made into the outturn by Irrigation Officers in consultation with revenue officers. For purposes of remission, the Khasra numbers in the canal irrigated area in each village shall be divided into groups, and the Executive Engineer shall grant remission on the scale prescribed in rule 114, by individual Khasra numbers according to the estimated out turn of the group concerned.
117. The deductions from the long term agreement rate shall be half the amount of the long term agreement rate or one rupee whichever is less.
118. The deduction shall be made in respect of one crop only that is grown on an area that is assessed at a wet rate.
119. Wet land, included In long term agreement under section 53 shall, if subsequently classed as dry and so assessed to land revenue or rent, be charged at the full long term agreement rate.
81 Section 54
120. The water rate payable on land, which is not commanded but is included in irrigation agreement for lift irrigation, shall be half the rates payable on commanded land, which is sown with the same crop.
Sections 58 A-K.
121. The period of three years for appointing date under section 58 C (1) shall be counted from the date, the water is let into the canal for the first time upto a particular reach taking the village as a whole and not the part thereof.
122. For the purpose of ascertaining the prices to have gone high more than fifty per cent over the prices prevailing prior to availability of irrigation facilities from such new canal, the records maintained in the office of Registrar for sale deeds will be considered as authentic, depending upon the average price for last ten years in the village or neighbouring village as compared to prices prevailing prior to commencement of the work concerned.
123. If ownership of land which is liable to payment of betterment charges is transferred at any stage, during payment of betterment contribution instalments, the liability in respect of unpaid amount of such charges shall also be deemed to have been transferred to the vendor. The vendor shall, however, continue to be liable for payment of such charges till he intimates the authorized officer along with the consent In writing of vendor. Provided that in case of default the amount of unpaid instalment may be recovered from either of the two at the discretion of authorized officer.
124. No betterment charges shall be leviable on such lands as are under possession of the Government, but no sooner the right of ownership is transferred permanentlY to other than Government bodies, the share of betterment contribution shall be payable by the party concerned. The revenue authorities shall intimate the authorized officer full details of the allottees to enable him to finalise the betterment charges and effect recovery thereof.
125. When any outstanding amount of betterment charges are found to be irrecoverable owing to death or absconding of defaulters or any other reason, they shall be reported by the Collector to the Commissioner, who shall deal with each case individually according to the orders of the Government.
126. The authorized officer may correct any entry in the record, which he considers to be incorrect, provided that If such correction involves an increase In the amount payable, he shall not do so until he has given the permanent holder concerned an opportunity of being heard and in case of remission, the approval of next higher authority shall be obtained.
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127. The copies of the final orders regarding determination of betterment contribution payable by the holders shall be placed for the public Inspection with irrigation panchayat for a month.
128. Transfer of the ownership after the period of limitation prescribed for the objection, shall not give any right to the transferee for making any fresh objection.
Section 58 L and M.
129: For the purpose of imposing Irrigation cess the expression Irrigation COlDD1and means:
(a) In case of Cana. system, all irrigable area,
(b) In case of submerging tanks and compulsorily assessed area all areas under F. T. L. and out side Irrigation, If any, as per design, provided that the land Is under cultivation and not wet.
130. A list of the land under clauses (a) and (b) of, rule 129 shall be prepared by the Sub- Divisional Officer and approved by the Executive Engineer, which will be taken as authentic record for the purpose.
131. On the basis of the finalised lists, village wise, work wise, Jamabandi in the prescribed Form, under general supervision of the Irrigation Inspector, shall be prepared by the Amin In which all particulars concerning each cultivator shall be brought together and totalled and kept with Am in as a permanent record duly signed by the Executive Engineer or Canal Deputy Collector.
132. The consolidated area charged with irrigation cess and the amount there of, shall be shown in the parcha for water rates, below the total of the water rates payable for Rabi crop and grand total shall be given every year.
133. Irrigation cess may not be imposed on the area water logged, salt affected, or which remains under submergence where cultivation is not possible.
134. A list of such survey numbers under rule 133 shall be prepared by the Amin and approved by the Executive Engineer. As soon as the above conditions cease to exist I.e. the land becomes fit for cultivation, the list shall be revised.
135. The realization of the amount due on account of Irrigation cess shall be done, subject to rules and in the manner applicable for realization of water rates.
136. Irrigation cess may invariably be charged on the Irrigable lands, leased out by the department, and the fact shall be mentioned In the auction notice as a condition.
137. The unauthorized occupants of the Government Irrigable land shall also be charged with irrigation cess so long as they are in possession of such lands.
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138. Any area liable to payment of irrigation cess may be declared as exempted from such payment, by the Superintending Engineer provided that the department is not In a position.
to supply water at the commanding outlet to such area for consecutive three years.
139. Refund or adjustment on account of excess recovery .or grant of remission after realization or otherwise, may be granted by the Superintending Engineer.
Section 59
140. Payment for the canal revenue payable on account of water supplied for the irrigation of Kharif crop, shall be made on or before 15th March and that payable on account of water supplied for the irrigation of Rabi and other crops shall be made on or before 1[15th July,
141. Payment for the supply of water to supplement a village tank shall be made with the Kharif Kist when It is due on account of supplies made between the 1st June and the 31st December and with the Rabi Kist when it Is due on account of supplies made between the 1st January and the 31st May, 142, Postponement of the dates under rules 140 and 141 shall be allowed by the Superintending Engineer on the request of Canal Deputy Collector to the extent of one month.
84 Section 62 read with section 93 (c)
143. The number of members to be elected to an Irrigation Panchayat shall be determined by the Collector on the recommendation of the Executive Engineer.