(1) This Act may be called the Manipur Irrigation Act, 1977.
(2) It extends to the whole of Manipur State.
(3) It shall 'come into forCe on such date {is the szi’te Govéffil ment! may, by notification in .Ofiicial Gazette, appoint and different dates;may be appointed for different areas of the State.
2. In this Act, unless the context otherwise requires :
(a) “betterment contribution” means contribution levied under Chapter VI of this Act ; -
(b) “betterment levy oflicer” means such ofli’cer as the State Government may appoint to be the betterment lev'y officer in reSpcet of any area of the Irrigainn Work, 61' pertion of an irrigation work:
(c) “canal oflicer’? means an officer exercising co‘ntlrpl‘ over a subdivision of an irrigatjen work or portion ofanirrigation work appointed by the State Government;
(d) “canal revenue” includes water rate, betterment contribution, water csssr crop c533, licence fee for fishing”, navigation, sale of grass, trees and other produce from the» land belonging to Irrigation work, proceeds from lease of land belonging to irrigation work and from water mills;
(e) “colledor” means the head revenue officer of adistrict and includes a Deputy Commissioner or other officers appointed under this Act to exercise all or any of the powers of a Colledor; ,
(f) ‘.‘culturable com mended area” means all lands Which are fit ' for cultivation under irrigable command of an irngation work;
Short title,‘ extent and commencemom.
Definitions.
ngnL‘ ’\
(g)
(h)
(i) 2 “divisional canal officer” means an ofi’icer exercising control over a division of an irrigation work or portion of the 1mgation work appointed by the State by notification in the Gazette;
“drainaoe work” includes—w D
(i) channels, either natural or artificial, for the discharge of waste or surplus water, and all works connected With or auxiliary to such channels;
(ii) escape channels from an irrigation work dams weirs.
embankments, flood embankments, sluices, groynes and other works connected therewith, but does not include works for the removal of sewage;
(iii) any work in connection with a system of reclamation ; made or improved by State Government for the purpose of drainage of an area; and
(iv). all field drains;
“field channel” means a channel constructed by owners or occupiers 017 constructed by the State Government on their behalf and at their cost to serye the various fields within a block of 40 hectares or as may be prescribed and maintained by such owners or occupiers and includes existing water courses constructed or maintained by the OWners or occupiers ;
Explanationze-Existing means existing at the time of the coming into (1')
(k)
(1) force. of this Act.
“field drains” include drains, escape channels and other similar works constructed & maintained by the owners or OCCupiers by the State Government on behalf and at the cost of the owners or occupiers;
“flood embankment” means any embankment constructed or maintained by the State Government in connection with any system of irrigation or reclamation works for the protection of lands from inundation or which may be declared by the State Government to be maintained in connection With any such system, and includes all groynes, Spurs, dams and other pro— tective works connected with such embankment;
“irrigation work” includes :—
(i) all reservoirs, tanks, dams, weirs, canals barrages, channels, domestic water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices, pumping installation constructed, maintained or controlled by the State Government for the supply or stbrage or water;
(ii; all works, embankments, structures, control structures including outlets, supply and escape channels connected with such reservoirs, tanks, dams, weirs, canals, barrage:
channels, domestic water SUpply works, pipes, ponds, spring ponds, Spring channels aqueducts, sluices, pumping installations, and all roads constructed for facilitating ' (m)
(n)
(0) (P) ((1)
(r) the construction or maintenanceof such reservoirs,tanks, dams, weirs, canals, barrages, channels, domestic water supply works, pipes ponds, spring ponds, spring channels, aqueducts, sluices and pumping installations ; -
(iii) all drainage works, flood embankments, wells, water courSes, and field channels; .
(iv) any part of a river, stream, lake or natural collection of water or natural drainage channels and ground waters to which the State Government has applied the provisions of Chapter 1] of this Act; and
(v) all lands held by the State GoVemment for the purpose, of such reservoirs, tanks, weirs, canals, barrages, channels, domestic water supply works, pipes, ponds, spring channels, aqueducts, sluices, pumping installations and all buildings, machinery, fences, gates and other erection upon such lands. _ “lands under irrigable command” means such lands as are irrigated or capable of being irrigated by the flow 0:1 lift from an irrigation work being under its command and shall include also such cultivated land which receive in the opinion of the Divisional Canal Officer, by percolation or otherwise from an irrigation Work or by indirect flow, percolation or drainage from or through adjoining land, an advantage beneficial to the crop ;
“notification” means a notification published in the ofiicial Gazette ;
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“Occupier” includes and occupierv of land or property who cultivates or possesses the same for the time bemg;
“on—farm development” includes any of the following works—
(i) land—levelling and land-shaping, including realignment of field boundaries ;
(ii) providing of falls, culverts and farm roads in the fields;
(iii) land reclamation by use of engineering, biological and ‘ chemical measures, inclfiding :eaChing;
(iv) contour bunding and nala bunding;
(v) such other works as may be necessary or incidental to development of land or ground or flow water potential and for optimising the utilisation of land and water resources ; ‘ “outlet” includes an opening, constructed by the State Government in an irrigation work through which water is delivered into a water course or field channel or directly on to any land ;
“owner” includes every pesron having interest in ownership of land or property and all rights and obligations which \ nle appli- (2:501: of rat; top ‘I Lb wt o éiééqfi‘ , K. i;at'taéli joyp‘tl’y‘ é; ;
e“ SEE fifOVfoé'flS‘ of this Act Shallto every persmr hafing such joint . 3 ‘1 xiiffit‘érest hr the ownership ;(s) “prescribed” means prescribed by rules made under this Act;
t “.~,ewa e cflluent” means eflluent from an. sewaoe system or g .
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.Y o .
sewage diSposal works and includes sullage from open drains;
(tt) f‘state government” means the Government of State of Manipur ;'
(u) “superintendihg cahal oflicer” means an officer exercising general control over an irrigation Work or portion of an i‘rn'gatidn Work; ' _(v) f‘tzrade'efillient” ,i'nelu'des any liquid, gaseous or solid substance Which; is disicharged from premises used for carrying 011 any trade or industry, other than domestic sewage;
(w) “water course’T means the lengthof a channel“ between an unz' oytret a'iili a' field chafin'el built at the cost of the State Goyernmeat, and: maintafiietlf y the owners or occupiers: to carry waiterfgg’rh an outl'e‘t' to any block of lahd or is may be pm‘s'éfihefl’;
(if) “water rate” means water rate levied under Chapter V of this" Aét :- -
(y) “well”, means a well sunk for search or extraction‘ofground v‘v’atér and includes an open well, dug, Well bored well,“ dug~ cum-bored well, tuheWell and filter point; .
(z) “vessbl” includes boat's, rafts, timber and other floating bodies.
CONSTRUCIIQN AND; MéIgIENANCB 0FIRRIGATION WORKS3. (1) Whenever it appears expedient to the State Government that the water of any river (including its tributaries) or stream . .
r 5 .
_ (2) As soon-as practicable after the issue of a notificationunder ”sub-section (1), the-ijivisional Canal Officer or any ofiicer duly empoWer’ed under this Act shall cause public notice to be given at gonvenient placessuch as stating that’ the State Government intends ,to apply or use thewater referred to_ in that sub-section.
_ -(3) _,The application .or use of the said water or application or ust'of water of any'jrrigation work under the management or control of the State Government shall he regulated according to the provisions ,of this Act.
(4) Where the State Government is of’ the opinion that in the interest of proper irrigation from any irrigation work constructed or proposed to be constructed it is necessary to control the construction of wells for any purpose other than exclusively domestic use, either on personal or community basis, in any area or areas the State Government may by notification specify. such area or areas, and thereupon no person shall within such area or areas, construct any such well §Xcept- with the previous sanction of the State Government or other ’anthority authorised by the State Government in this behalf, and subject to such cenditions as the State Government or such authority may in] pose.
(5) Where the State Government is of the opinion that in the interest of proper irrigation from any irrigation work constructed or proposed to be constructed it is necessary to regulate the operation of the existing wells for any purpose other than exclusively domestic use, either on personal or community basis, in any area c-r areas the State Government may by notification specify such area or areas and impose such conditions as ' it may deem fit with regard to extraction of water therefrom. 'l'hereupon no person shall within such area or areas extract water from such well except according to conditions which the. State Government may irrpose. '
(6) When the State Government is of the opinion that in the interest of proper irrigation, a block or land under any exisfing or ptoposed irrigation work is to be transferred to another proposed or existing Work or completely excluded from any existing work, the State ry'oyernment may by notification specify .such areas and Such works to take efi‘ect from a date specified in the notification, not being earlier than six months from the date thereof. - . (7) When the State Government is of the opinion that in the interest of proper utilisation of available water resources, it is necessary to subject a block ot‘land for temporary submersion without damage to crops, the State Government may by notification specify such areas and period of such submersion on a date specified in the notification, hot‘ being earlier than six months from the date thereof.
; 4. .At any time after the day named in the notification under splagechonfl) of section 3,; any Canal Ofiicer duly empowered in this.
behalf may enter on any land, remOVe any construction, close any Powers of entry on land etc.
Enquiry or examination.
Inspection & regulation of use of water.
Power to prevent accident.
use of the said water and for such purpose may take with him, or depute or employ such subordination and other persons as he thinks fit.5. Whenever it shall be necessary to make an enquiry or examination in connection with a projected irrigation Work or its construction or with the maintenance of an existing irrigation work or with the application or use of the water of any irrigation Work for the purpose of regulation, supply or storage 01‘ water, auy canal otfioe’r duly empowered in this behalf :nay—~
(b) undertake surveys or take levels thereon;(c) dig and bore into the s/ub-soil;
(d) where otherwise such inquiry cannot be completed, cut down and clear away any standing crop, fence or jungle;
the Land Acquisition Act, l394 (Act 7 of l894) to the effect that land in that locality is likely to be needed for a public purpose; and (f; set up and maintain gauge discharge of all measurement stations and do all other things necessary for purposes of such inquiry andoexamination,
6. Any Canal Officer duly empowered in this behalf may enter upon any land, building, water coune or field channel on account of hich any water rate is chargeable {or the, purpose of inspecting orirrigated thereby or chargeable with a canal revenue and doing all things necessary for the proper regulation and management of the irrigation Works from Which such water is supplied.