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Section 40: Supply of water through intervening water channel.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010Union territory Act of Jammu and Kashmir · Act 21 of 2010

(1) Whenever application is made to a Assistant Executive Engineer for supply of water from an irrigation work, and it appears to him expedient that such supply should be given and that it should be conveyed through a field channel, he shall give notice to the persons responsible for the maintenance of such field channel to show cause on a day not less than seven days from the date of such notice as to why the said supply should not be so conveyed, and after making enquiry on such day, the Assistant Executive Engineer shall determine whether and on what conditions the said supply shall be conveyed through such field channel :

Provided that such application is made for lands already included in the irrigation works.

(2) Any person, aggrieved by the determination of the Assistant Executive Engineer, may prefer an appeal to the Executive Engineer within a period of thirty days of such determination.

(3) When the Assistant Executive Engineer determines that supply of water of an irrigation work shall be conveyed through a field channel, his decision shall, when confirmed or modified by the Executive Engineer on appeal, be binding on the applicant and also on the persons responsible for the maintenance of the said field channel.

(4) Such applicant shall not be entitled to use such field channel until he has paid the expenses of alteration of such field channel and also such share of the first cost of such field channel as the Assistant Executive Engineer or the Executive Engineer, as the case may be, may determine.

(5) Such applicant shall also be liable for his share of the cost of maintenance of such field channel so long as he uses it.

Where this provision sits

ActThe Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
Section40
Marginal noteSupply of water through intervening water channel.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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