(l) Notwithstanding‘anything contained to the contraryv'il'nthis Act and subject to the rules. that may be made by the StateGovernment in this behalf an authority specified by the State Govae-ment for the purpose may, on his. own motion-o; on the applicatiéhof not less than fifty percent of the owners _or occupiers'hf 13min in the cultivable commanded area, pr; ’““,ed a draftscheme t-o prei'aridefor on farm deve.10pment on a groufipg’; block of fields. _
(2) Every scheme prepared under the Subsection“) shill aimiitig other matters, set out the cost of the farm on‘~"déi‘eto;>mfen£ wcth‘.a sketch plan of the area proposed to be covetedbythesaidchetgeand particulars of the miners or occupiers to be benefited by 13.579said scheme. ‘- . ,
(3) Every scheme shall, as soon as may be after its preparatib‘n,be published in such form and manner as may be prescribed’imi’tmgobjections and suggestions with respect thereof within twenty one days cf the publication.
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(4) After consideration of such objections and suggestioris, if any, the specified authority shall approve the scheme either as it was; origi’inully published or in such modified fbrm as he may consider. fit" andpub ish the same.
‘
(5) An owner or occupier aggrieved by the order of the sbeeifi’ed authority in respect Of a scheme, Which has not been appro'yed, may prefer an appeal, within thirty days of the passing of the order to Such ~ nl'llcer specified as the appellate authority by the State Government in this behalf whose decision shall be final.
(6) After a scheme has been approved by the Specified authority I under sub-section (4) or. where an appeal is, pending before the app‘eltate authority under sub-section (5), after it has been disposed of byihiifi‘ the scheme shall be published in such manner as may be presetibed anl.
upon such publication, it shall be executed or not executed by the owners or occuoirrs in the group or block of fields at their cos't, within such period of time as may be specified by the specified u uthority. . v .
(7) lathe event of the failiite of any or all of the said ownets or' occupiers to execute the works within the said period of time Specified by the Specified authority or in_the event of any or all the owners 01' occupiers informing in' writing the. specified authority .prior to the expiry of the said period of time that they are unable to excctite or get executed the Works as required, the works may be carried out by. the State Government or by an agen’cyfdeteimin-ed by the State Government in that behalf, and the cost of the works so executed 'by the State Government:
or by the said agency, as the case may be, shall be recoverableby .thé State Government or the said agenCy, as the case may be, from the owners or oecupiers who fail, or indicate their inability to execute 6‘:
get executed'the Works as required. - [8) The share of the individual owners or occupiers of the cost ofthe work executed in the said group or block of fields by the State Government or by the said agency, as the case may be, shall be as determined by the State Government or by the said agency, as the case may ‘be.
34. Notwithstanding anything contained in this act of any other law for the time being in force, no civrl court shall have jurisdiction to entertain or decide any question relating to matters falling Within this chapter. ‘ '
CHAPTER" 1v .
REGULATION OF IRRIGATION- SUPPLIES
35. The provisions of this Chapter shall apply in respect of watét' from an irrigation works supplied under sections 31, 38 8t 43.
36. Water from an irrigation work may be supplied—
(a) as provided in section 37 3 .
(b) oh an application for irrigation or non—irrigatlon purposes as provided in section 38 ; or
(c) under ,a scheme in accordance with the provisions bf section 43,, Barring insisdtction of Civil Conn.
Aeplimfim attheshegt'e'r, Power to regulate ii‘ftganon work.
Apglica-tion tor supply of water;
lo_ 37, «A 'DivisiOnal Canal Officer duly. empowered by the StateGovernment bya notifieation in respect of any irrigatiOn work orclass of irrigation works may, after such inquiry as he deems fit, regulateEin respect of any irrigation work fereach year or part thereof or for aspecified term of years at a time, as circumstances may 'require —- ' ‘ -
(i) th: time for'lettin; out w Lter for irrigation.
(ii) the perZoI of surply 5
(iii) tfze quantity ofSJpplj ; and
(iv) the areas to’te supplied a'; difl‘erent'times.Erplanan‘on .-—-A land shall be deemed to have been supplied withwater notwithstanding that the Water is not utilised for irrigation pro-vided that sitchnon-utilisation is duesolely to the action or inactionon the part of the owners or 03cupiers interested i-ntsuch land; * '38. (1) Any person, desiringvto have supply of water froman irrigation work for irrigating land not included in any area towhich supply of water is regulated ,under section 37, shall'makea written application to that effect to the Divisional CanalOFficer,subject to any general o‘r special order made by the State Governmentdetermining the extent of lands for which water cah be ‘made availablefrom suCh irrigation work, such ofiicer may. if in histopinion such'supply can be made without detriment to the supply of Water tolands included in any areas to which supply of water is regulatedunder section 37, order the supply of water and. for' such period notexceeding six years subject to such conditions as may be specifiedin such order. . 4 ' '(2) If after a period of six shecessive years of supply of water.made to any land referred to in sub-section (l), the occupier ofsuch land applies ' for the Supply of water being made permanentsuch application, with the Opinion of the DivisionalpCanal Officer,ishalt be forwarded to the Superintending Canal Ofiicer concerned whoshall take steps to include the land in the area to which supply ofwater is regulate by section 3-7.
' - (3) The water‘rate leviable t‘or the use of water For temporary culti-vation under subsection“) shall. be the normal water rate. -(4) With the sanction ot‘and subject to Such conditions, paymentsand'i'e'strictions, as may be imp tsed by the State Government or suchofiicer as may be authorised by the State Government in this behalf,the divisional canal o‘ficer‘ may withgut detriment to the supply ofwater to lands included in any area to which supply of water isregulated unter section 37, giv: permiS'sion' For water to be taken from- an irr‘gntion work, For purPOSes other than those of agriculture.(5_ If any perSOn ruses water tram an irrigation work withoutobtaining the permission required under this section, he shall in.addition to any penalty he may insure under this act for suchunauthorited use of water, be liable to pay water late at such rate as mabe determined by the prescribed officer. not being less than ten tl'nes and not exceeding thirty times the nnrmalrate he wouldotherwise have been required to pay, had he applied for and obtainedthe permission.
i7
39. (I ) The supply of waterto any water course or field channel or Conditions to tiny person 'who is entitled to such supply shall not be stopped, except,-- for stop-
(a) wheneyer and no long as it is necessary to stop such supply for the purpose of matntenance of an igrigation Work or execution of any work ordered by the competent authority.
(b) whenever and so long as any field channel by which such supply is received is not maintained in such repair as to prevent the wasteful escapeof water thereof;
(0) whenever and so tong as it is necessary to do so in order to supply in rotation thelegitimate demands of other persons emitted to “ater;
(d) whenever: and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;
- (c) within the periods fixed from time to time by the Divisional Canal Othcer of which due notice shall be giyen;
(f) whenever there is diminution in the supply of water iii the irrigation work due to any natural or seasonal causes and so long as it is necessary to do so.
(3) for any reasons beyond the control of the Divisional Canal Ofiicer. ' .
(h) His claim shall be male against the State Government for compensation in respect of .loss. caused by the failure or steppage .of Water 'from an irrigation work ';
Provided that the person suffering such 1 vss may cEaim such remission of the charges payable for the use of the water as is specified by the State Government.
40. '0) Except with the permission of the Superintend'ng C8121] Othcer no person entitled to use the water of any irrigation work shall sell or sub-let or otherwise transfer his right to such use it for unauthorised purposes.
Provides that no permission shall be necessary for use of water for authorised purposes by 'a cu‘tiv-ating tenant of water supplied by the owner ofafisld channel fortne irrigatzon of the land held by SuCh tenant. '
(2) Every right to the Sugply of water for agricultural purposes to any [and or Other immovable prOperty shalt be attached thereto and shall be presummed to have been so transferred whenever a transfer of such )and or immovable property takes place.
41. When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shat] be deemed to continue only until such crop or crops shall come into maturity, amt to appty onty to such crop or crops.
ping supply Transf. r o:‘ right of water.
Reszr etioto s It; ply of watn.
Declaration for adaptation 'of apa'ticuhr crop pattern.
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42. (I) Where Sthe Kate Government is satisfied that for the bettercultivation ofiands and production Of crops and due preservatitnand; proper utilisation or" water resources ' of any irrigationwork, or in the public interest. it is expedient to regulate thekind- of crops that shouldvbe sown. planted or groWh on lands underthe irrigabte somtnand o“a'n irrigation worker any part thereof, andthe period during which Such. crops should be sown, planted or grownon xuch lands,the State Governmentmay, having regard to the soiteharacteristm, climate, rainfall and water available by order in writingmake a declaration to that effect; Such a declaration shall be givenvide publicty in suchmanner by the Cannai Officer anthorised bythe State Government may think fit.
(2) On such a declaration, the Canal Officer with theappfova!of‘ the superior officer authorised by the State Government mayspecified by notice. published in such manner as may beidetermincdby him, the kind; of crops that small be sown; planted or grownon the lands under the irrigable command of the irrigation workor, any part thereof, the area of 'erogs and the periods dhringwhibh'such crops shalt be sown, planted or grown, The Canal Ofiicershall subject 'to [hi provisions: of Sections 39(l)and 40(2). thereuponby order regulate the supply of water from the "irrigation work forsowing, plantingand growing such crops 'dtmng the periods Specxfiedin the order.
'_
(3) The State Government may, by notifieati'oh in the ofhciatGazette, make rules For determining the crops and the periodsduring which such crt‘ps may be sown, planted or grown and forregulati: g Suppiy of hater For the purpose. Such ruies may provideft)? fixing the extent oF irrigation for sowing,‘ ptaming 0r growingdifferent mom on the lands under the intgabte command of anirrigation work,
(4) On the publication fifthe notice under Sub-scc'tion (2), no personshall sow. plant, or grow Or allow any erOp, other than the cropor crops specified in such notice, to be sown. ptanted or grown'on any land ‘u'nder'the irrigablfé botnmand ot' the irrigation workor any part thereof, specified in such notice and during the periodspecified therein. " ' ' . E?
(5) Any person aggrieved by: any notice given under,sub—section(2), may, within thirty days from the date of publication of suchnotice. file an appeal before such oFficer not below the 'rank__ ofSuperintending, Canal Officer as the Srate Government may appotttgflThe appettate officer may on hearing the parties pass such ohci’er‘as he thinks fit; and thereupon; the notice shall stand modified t‘o/siichextent as maybe specified in. the. order. , J.
(6) The person, who-has sown; p'lan'ted‘are grown'any unauthorisedCrop, - or altowed any land to be sewn, planted or grown with such}unauthorised crop; shati— " ‘ '- ' ' ' " " ' '
(a) be tiabie fbr contravé‘ning the provisions Vot‘ this section;'an&- 19
(b)- also be liable to pay such, water rate, as may be prescribed by the State Government not being less than five times and not exceeding ten times the water rates which he, would;
otherwise have been required to pay in addition to any’ penalty he may incur: under the Act for such. unauthorised crop.
Provided that if nowater‘is utilised either directly or indirectly from the Irrigation work for growing ahy crop, the provisions of subsections (4) and (6) shall not be applicable.
43. (I) Where in the opinion of the. State;- Government and irrigation work is likely to irrigate lands not exceeding 209 hectares tn an area or as may be prescribed in the State Government, in she public, interest,_ by ~ notification prepare a draft scheme, . for supply of water from Such irrigation work to suchtands. The draft scheme;
Ittnll roYide for handing over the management of the irrigation work and istnbution of water therefrom to the water committee appointed under section 45.‘ ' ' ’ ~
(2) The draft scheme shat} contain the following particulars, that is to say :— - ta) the area to .V-vhich the schemeJ ‘appii'ed;
(b) the survey numbers of iands included in, such area and the names- of owners and occupiers thereof; - ' ~ A (c) the period or periods during which water will be supplied to? such lands; ' . »
(d) ' the’criop 0t crops which will be permitted to be grown thereon; ' '
(e) the. water rate at'which water may be supplied to such laind. included in the scheme; _ ' . ‘
(f) the amount to be paid by the State Government for manage?
men't of the irrigation work to the water Committee; and '(g) fixing a period of not less than. three months from the date of publication of such notification for submisswn of objections or suggestions to such scheme.
(3) After the publ‘icatiOn of such notification, it shall also be published ‘by the Canals Officer duly empowered in this behalf as soon as practicable in. the ylanguage- of the tesiden-ts- of ;the area through which the irrigation w0rk passes in, such place or places and in Such' mannet as he thinks fit for the information of the owners and " occupiers who are ‘like‘iy to be affected, bysubh notification.
(4) After considering such objections and stiggestions, if any, as may have been receivad within the period fixed as aforesaid, the State. Government may, after making .due inquiries, sanction the draft scheme with or. Without any modifications or may reject it.
Preparation of draft scheme for in-igatian work;
(5-) The scheme as sanctioned? under sub-seetiOn (4} shall be ' published in the Official Gazette and (in the village, and at the Enfotcement, modification & * cancellation of draft scheme.
Appointment of water committee 5; its functions.
20 headquarters of the Taluk and of the district in which the'lands included in the scheme as situated in such manner as the State Govt. deems fit, and shall, on Such publication, be final.