(1) Every person desiring to receive water for lands, other than those classed as wet, from an irrigation work shall submit an application therefor to the Irrigation officer in the prescribed form.
(2) If the application be for supply of water for purpose other than those of irrigation, the Irrigation officer may give permission, subject to the prescribed conditions and restrictions.
20. The supply of water to any water-course or to any person entitled there to shall not be stopped except in the following cases:-
5. Sections 13 to 18 repealed by Act No.12 of 1965.
Canal crossing.
Application for supply of water.
Power to stop supply of water.
8 [Act No.XXIV of 1357 F.]
(a) in case and so long as it is necessary to stop supply for executing any work by the order of the authority;
(b) in case and so long as any water-course by which water is supplied is not maintained in such good condition as to stop the waste of water;
(c) in case and so long as may be necessary to stop supply in order to fulfil in rotation the legitimate demands of other persons entitled thereto;
(d) in case and so long as may be necessary to stop supply in order to prevent the wastage or misuse of water;
(e) in course of closure of canal of which notice shall be given in the prescribed manner;
(f) in case and so long as may be necessary to stop the supply of water for a change in the source thereof by the Irrigation officer.
21. When canal water is supplied for one or more crops, the permission to use such water shall remain only until the maturity of such crop or crops and be deemed to apply only to such crop or crops.
PART IV.
AWARD OF COMPENSATION.
22. Compensation may be awarded if any damage is caused by the exercise of, or on account of, the powers conferred under this Act, provided the damage and its compensation can be ascertained. But compensation shall not be awarded for damage caused by the following reasons:-
(a) deterioration of climate or soil;
Duration of supply of water.
Compensation awardable or damage.
[Act No.XXIV of 1357 F.] 9
(b) stoppage of navigation or the means of floating timber or of watering cattle;
(c) stoppage or diminution of the supply of water from any river or stream flowing in a natural channel or in any lake or natural reservoir of still water by the application of such water for the purposes of a new irrigation work or otherwise unless a right in respect of use of such water is established; or
(d) the flow of water in a channel is closed or stopped for the following causes:-
(i) any cause beyond the control of the Government;
(ii) repair, alteration or extension to the channels;
(iii) any measure considered necessary by the Irrigation officer empowered in this behalf for regulating the flow of water in the channel required for the generation of hydro-electric power or for maintaining the course established by water required for irrigation.
Any person who suffers loss from stoppage or diminution of water supply due to any of the causes named in clause (d) shall be entitled to such reduction in the prescribed assessment payable by him as may be permitted by the Government.
23. If a water course is constructed in any survey number and the owner of such survey number is benefited, by it, no compensation, notwithstanding any other thing contained in any law for the time being in force, shall be payable.
24. No claim for compensation under this Act made after the expiration of a period of one year from the date when the alleged damage occured shall be entertained unless the Compensation of land used in construction of water-course when not payable.
Limitation of claims.
10 [Act No.XXIV of 1357 F.]
Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
SUMMARY DECISIONS.
25. In every case of entry upon land or building under section 7, 8, 9 or 10, the Irrigation officer, or the person making the entry, shall ascertain and record the damage caused by the entry or in the execution of any work, to any crop, tree, building or any other property, and within three months from the date of such entry, the Irrigation officer shall pay the compensation to the occupier of land or the owner of the property damaged.
If the compensation awarded is not accepted, the Irrigation officer shall forthwith send the case to the Collector so that he may, after making enquiry as to the amount of compensation, decide it.
26. If damage is caused to any occupier of land by interruption in the supply of water, or if any cause of action arises under section 22, the person aggrieved may present a petition for compensation to the Collector for the damage, who shall after consulting the Irrigation officer award to the petitioner reasonable compensation for such damage.
27. An appeal from the decision of the Collector under sections 25 and 26 shall lie to the Board of Revenue within three months and the decision of the Board of Revenue shall be final.