(1) No sooner the particular patch of land in the Command Area is provided with “irrigation” facility or found technically feasible for “irrigation”, it shall be obligation of the concerned land- holder to cultivate the said land and he is liable to pay charges at the prevailing water rate, whether or not the water is used by him for “irrigation” of land.
(2) Except in case where land is in litigation in a court of law, if the land-holder fails to cultivate the above said fallow but cultivable land for a period of two consecutive years, the Command Area Development Board shall have power to levy and recover the water charges of the regulated crop for the given location as per the notification under section 28(1) of this Act and in addition to this, the Command Area Development Board shall also have power to impose fine which shall be revisable every five years, on the land-holder as per the Table here-below and to recover the same as arrears of land revenue:
Provided that if the land-holder fails to cultivate, such land for further period of two consecutive years the fine shall be twice the amounts indicated in the table.
TABLE Sr. No. Category of land Fine in Rupees to be imposed per “irrigation” season per hectare
(1) (2) (3)
(1) Garden Crop Rs. 4200/-
(2) Rice/Cereal land
(a) Kher Rs.
1500/-
(b) Khajan (Reclaimed)
(c) Morod Rs. 750/- Rs. 1000/-
(3) Sugarcane Rs. 3500/-
(4) Vegetables Rs. 1500/-
(5) Pulses/Oil Seeds Rs. 3750/- -19-
(3) If the land-holder fails to cultivate the land referred to in sub-section (2) for a period of 5 consecutive years, the Command Area Development Board may take over the management of such land on such terms and conditions as may be prescribed.
CHAPTER-XI