(1) Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained before exercising of such powers, and in all other cases, ascertained and estimated at the time when the damage is caused :
Provided that, no compensation shall be so awarded in respect of any damage arising from—
(a) deterioration of climate, or
(b) stoppage of navigation or the means of rafting timber or of watering cattle, or
(c) stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 11, if no use have been made of such supply, within the five years next before the date of issue of the notice under section 80, or
(d) failure or stoppage or diminution of the water in a canal when such failure or stoppage or diminution is due to—
(i) any cause beyond the control of the Appropriate Auhtority ;
(ii) the execution of repairs, alterations or additions to the canal ; or
(iii) any measures considered necessary by any Canal Officer duly empowered in this behalf for regulating the proper flow of water in the canal, or for maintaining the established course of irrigation or for conserving supply of water under clause (g) of section 49.
(2) Any person, who suffers loss from any stoppage or diminution of his water-supply due to any of the causes specified in clause (d) of the proviso to sub-section (1), shall be entitled to such remission of the water rate payable by him as may be authorised by the Appropriate Authority.
76. No claim for compensation under this Act shall be entertained after the expiration of twelve months from the time when the damage complained of commenced, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
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