The particulars of the irrigation work to be published in the Gazette by the Government under section 8 of the Act shall include the following, namely:—
(i) Name of work
(ii) Details of estimate
(a) estimate cost
(b) actual cost
(iii) Date of sanction
(iv) Date of commencement of work
(v) Ayacut area
(a) Village/Panchayat
(b) Taluk/District
(vi) Date of commissioning
(vii) Whether commissioning partly or fully.
2[5A. Grant of permission to construct, install, fix or lay any structure over, across, along, or inside an irrigation work--- (1) The Superintending Engineer, under whose jurisdiction the irrigation work falls, shall be the authority under section 5 of the Act to grant permission to construct, install, fix or lay any structure over, across, along, or inside an irrigation work.
(2) Every application for grant of permission under section 5 shall be made to the Superintending Engineer, under whose jurisdiction the irrigation work falls, in Form No.3A, accompanied by a fee of Rs.100 (Hundred only) by means of a Treasury Chalan remitted in the Head of Account “0701-80-Gen-other receipts – 103- sale of water for other purpose.”
(3) On receipt of an application under sub-rule 2, the Superintending Engineer, under whose jurisdiction the irrigation work falls, shall call for a detailed report from the Irrigation Officer, within 30 days of such receipt and thereafter on the basis of the report and after due enquiry, he may grant or refuse to grant permission, by a speaking order within days of the receipt of the report.
(4) The report of the Irrigation Officer shall, among other details, if any, contain the following details, namely:-
(a) whether the grant of permission to construct, install, fix, or lay any structure over, across, along, or inside the irrigation work as per the plan, design, or drawings is feasible or any modification is required.
1. Substituted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
2. Inserted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
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(b) whether the grant of permission to construct, install, fix, or lay any structure over, across, along, or inside the irrigation work as per the plan, design, or drawings would cause damage or disturbance for the functioning of the irrigation work;
(c) whether any future development of the irrigation work would be adversely affected if permission is granted;
(d) whether beneficiary of any irrigation work would be adversely affected if permission is granted;
(e) whether the ecology, environment, or natural resources would be adversely affected if permission is granted;
(f) whether in his opinion, permission may be granted or refused in light of the above;
(g) if permission can be granted upon complying with any special conditions, the conditions thereof;
(h) if permission should not be granted, the specific reasons thereof;
(5) Where permission is decided to be granted, it shall be granted in the format given in Schedule V;
(6) On grant of permission, the applicant shall execute an agreement with the Superintending Engineer, under whose jurisdiction the irrigation work falls, in the format given Schedule VI;
(7) It shall be the duty of the Irrigation Officer to ensure that no person or agency shall construct, install, fix or lay any structure over, across, along or inside an irrigation work, except in accordance with the permission granted by the Superintending Engineer, under whose jurisdiction the irrigation work falls, and after executing agreement specified in Schedule VI and he shall be liable for any default.
5B.Appeal --- (1) Any person or agency aggrieved by an order refusing to grant permission under rule 5A may, within a period of sixty days from the date of receipt of such order, prefer an appeal to the Chief Engineer(Irrigation and Administration), Thiruvananthapuram.
(2) The appeal shall be in the form of a memorandum setting forth concisely the ground for objection to the order, which is the subject of the appeal, and shall be accompanied by the original or certified copy of the order refusing to grant permission. The memorandum of appeal shall be submitted in duplicate.
(3) A fee of rupees one hundred, shall be paid by means of treasury chalan in respect of each appeal, remitted in the Head of Account “0701-80-Gen-other receipts-103-sale of water for other purpose”;]
3 1[6. Issue of License to use water from an irrigation work—(1)The prescribed authority for the purposes of clauses (b) and (c) of sub-section (1) and sub-section (2) of section 9 shall be the Chief Engineer(Irrigation and Administration),Thiruvananthapuram.
(2) Every application for a license to use water shall be submitted to the prescribed authority specified in sub-rule (1) in Form No.2, where the purpose for usage is irrigation and in Form No.3, where the purpose for usage is non-irrigation, accompanied by a fee of rupees 50(Fifty only) and rupees 200 (Two hundred only) respectively paid by means of a treasury challan remitted in the Head of Account “0701-80-Gen-other receipts – 103- sale of water for other purpose”;
(3) On receipt of an application under sub-rule (2), the prescribed authority shall call for a detailed report from the Irrigation Officer within 30 days of such receipt and thereafter on the basis of the report, and after due enquiry, grant or refuse to grant license, by a speaking order, within 30 days of receipt of the report.
(4) The report of the Irrigation Officer, shall among other details, if any, contain the following details, namely:-
(a) whether the applied quantity (or any lesser quantity of water than applied for) would be available for usage for the purpose requested in the application through out the license period after ensuring that the riparian rights of the downstream stakeholders are satisfied based on hydrological data;
(b) whether any drinking water projects would be adversely affected if water is given;
(c) whether any irrigation work would be adversely affected if water is given;
(d) whether the ecology, environment, or natural resources would be adversely affected if water is given;
(e) whether in his opinion, license to use water may be granted or refused in light of the above;
(f) if license can be granted upon complying with any special conditions, the conditions thereof;
(g) if license can be granted, the quantity of water that may be allowed to be used during different periods or spells of the license.
(h) if license should not be granted, the specific reasons thereof;
(i) if the application is for drawing water for irrigation purposes, whether the Irrigation Officer is satisfied upon verification that it is for bonafide irrigation purpose;
(5) Where license is desired to be issued, it shall be issued by the prescribed authority in the from given in Schedule II.
(6) The license shall be valid for a period of one year, subject to the terms and conditions of the license.
(7) The Irrigation Officer shall submit at the end of every three months after issuance of license, a report containing the details specified sub-rule (4), to the prescribed authority for taking a decision on the continuance of license to use water.
1. Substituted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
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(8) No fee shall be payable if the water is used for irrigation purpose subject to verification, satisfaction, and certification by the Irrigation Officer.
(9) The fee for usage of water for non-irrigation purpose shall be rupees 10 (Ten only).
(10) It shall be the duty of the Irrigation Officer to ensure that no person or agency shall uses water from an irrigation work except in accordance with the Act, Rules and terms and conditions of the license.]