The Chhattisgarh Irrigation Act 1931

THE MADHYA PRADESH IRRIGATION ACT, 1931 61 (No. 3 oJ 1931) TABLE OF. CONTENTS Sections : Page Preamble : I. Short title, extent and commencement. 67 CHAPTER-I Definitions 2. Interpretation. 67 3. Canal. 67 4. Water-course. 68 4-A. Field channel. 68 5. Canal system. 68 6. Private irrigation work. 68 6-A. Private water course. 68 7. Grant-in-aid irrigation work. 68 68 8. Commanded. 69 9. Wet. 69 10. Irrigable. 69 11. Outlet. 69 12. Chak. 69 12-A.Compulsorily assessed area. 69 13. Occupier. 69 14. Permanent holder. 70 15. Canal Revenue. 70 16. Water rate. CHAPTRER-II Canal Officials and their Charges and Powers 17 . Canal officers. 70 18. Canal charges 70 18-A. Additional canal officers. 70 19. Subordination of canal officers. 71 20. Canal Deputy Collectors. 71 21. Canal Subordinates. 71 22. Power to allot duties among canal officers. 71 23. Appeals. 72 24. Revisions. 73 25. Canal officers to have certain powers of Civil Court. 73 ,I 62 THE MADHYA PRADESH IR.R.IGATION ACT, 1931 CHAPTER-III Rights in Water Sections: 26. Government's right in water. 73 27. Bar of accrual of rights in water to the detriment of a pro jected canal. 73 28. Bar of accrual of rights in water to the detriment of an existing canal. 74 29. Rights to supply of water from a canal. 74 30. Compensation for damage. 74 CHAPTER-IV Construction and maintenance ef canals 31. Power to enter and survey, etc. 74 32. Power to enter for repairs and to prevent accidents. 75 33. Power to prohibit obstructions or to order their removal. 76 34. Power to remove obstructions. 76 35. Government to provide means of crossing canals. 76 36. Power to impress labour in emergency. 77 CHAPTER-V The Supply of water from canals and charges therefor 37. Purposes for which water may be supplied. 78 37-A. Reduction or remission of charges for supply of water. 78 37-B. Submerging tank. 79 38. Supply of water on demand. 79 39. Supply of water to supplement village tanks. 79 40. Supply of water for industrial, urban or other purposes. 79 40-A. Supply of water to compulsorily assessed area. 79 41. Control of supply of water from outlets. 79 42. Power of State Government with regard to irrigation from private irrigation works. 79 43. Unauthorised use and waste of water. 80 44. Rates for unauthorised use and waste of water. 80 44-A. Discharged waste water to vest in State Government. 81 44-B. \Vater rate for utilisation of drain out water from submerging tank. 81 THE MADHYA PRADESH IRRIGATION ACT, 1931 63 CHAPTER-VI Irrigation agreements Sections : Page 45. Power to make irrigation agreements. 81 46. Scope of irrigation agreements. 82 4 7. Main incident of irrigation agreements. 82 48. Consent to agreement where land is in possession of subtenants. 83 49. Consent to agreement where land is held jointly by pro prietors. 83 50. Consent to agreement where land is held by non-resident 84 proprietor. 51. Special rule when all permanent holders do not consent. 84 52. No consent to be presumed without previous notice. 84 53. Inclusion of wet land. 84 54. Inclusion of land irrigated by lift. 84 55. Cancellation of agreement by mutual consent. 85 56. Cancellation of agreement for failure to maintain water courses. 85 57. General Power to cancel agreements. 85 58. Power to make rules. 85 CHAPTER VI-A Betterment Contribution 58-A. Definitions of "new canal" and "commanded area". 86 58-B. Omitted. 86 58-C. Levy of betterment contribution. 86 58-D. Notification of commanded area by State Government. 88 58-E. Proclamation by Authorised Officer. 88 58-F. Enquiry by Authorised Officers. 88 58-G. Powers of Authorised Officer. 88 58-H. Determination of betterment contribution payable by holders. 88 58-HH.Appeal 89 58-HHH. Finality of award. 89 58-I. Suspension of payment of instalment. 89 58-J. Betterment contribution to be recoverable as arrears of land revenue. 89 58-K. Power to make rules. 89 CHAPTER-VI-B Irril!,ation C:ess 58-L. Levy of Irrigation Gess. 90 58-IVL 64 THE MADHYA PRADESH IRRIGATION ACT, 1931 CHAPTER-VII Collection of Canal Revenue Sections Page 90 59. Dates of payment of canal revenue. 90 60. Definition of arrear. 90 61. Mode of recovery Jf arrears. 90 62. Irrigation Panchayats. 91 63. Power to make rules for assessment and collection. 91 64. Mode of recovery of miscellaneous revenue. CHAPTER-VIII Construction and 'maintenance of water-courses 65. Power to make water-course contracts. 92 66. Scope of water-course contracts. 92 67. Consent in certain cases. 92 68. Water courses to ha property of Government. 92 68-A. Constructions· of water-courses for irrigating compulsorily 92 assessed area. 68-B. Construction of wat¢r-courses for irrigating a chak. 92 69. Irrigation Panchayait to be responsible for maintenance of water courses. 93 70. Power to construct water-courses at cost of permanent holders. 93 71. Water-courses to be an improvement. 93 72. Power to require raiyats in raiyatwari village to maintain water-courses. 93 73. Power to have water-courses repaired. 94 74. Recovery of sums clue to State Government. 94 75. Power to make rules. 94 CHAPTER-VIII-A Construction and maintenance ef field channels 75-A. Power to apply provisions of this Chapter. 95 75-B. Power to require permanent holders and occupiers to construct or dig field channels. 95 75-C. Apportionment and recovery of expenses where work undertaken by Executive Engineer. 96 75-D. Permanent holder or occupier to comply with the order of Executive Engineer. 96 75-E. Maintenance of fi¢ld channels. 97 75-F. Obstruction or interference with water flowing in field channel prohibited in certain cases. 97 75-G. Bar of suits and proceedings. 97 75-H. Power to make rules. 98 THE MADHYA PRADESH IRRIGATION ACT, 1931 65 CHAPTER-IX Construction and maintenance of private irrigation works Sections Page 76. Power to make grants or Joans for construction of private irrigation 98 works. 76-A. Grant of permission to permanent holder to construct dam, etc., 98 in any river, natural stream, etc. 77. Power to enforce maintenance of grant-in-aid irrigation works. 99 -o Applications for acquisitions of land for grant-in-aid irrigation works 100 lo. 79. Demarcation of land required for grant-in-aid irrigation works and 100 estimate of cost. 80. Power of State .Government to direct acquisition of land for grant-in-aid 100 irrigation works. 81. Acquisiticn of land for grant-in-aid irrigation works. 100 82. Applications for acquisition of land for private irrigation works. 100 83. Inquiry to be made by Collector. 101 84·. Demarcation of land required ,for private irrigation works and esti 101 mate of cost. 85. Power of State Government to direct acquisition of land for private 101 ir,igation works. 86. Acquisition of land for private irrigation works. 101 87. Conditions of delivery of occupation to applicant. 102 88. Delegation of powers by State Government. 102 89. Result of applicant's failure to construct work or comply with conditions. 102 89-A. Acquisition of th_e right of supply through an existing private water 103 course. 89-B. Construction of a private water-course. 103 89-C. Occasional supply of water through private water-Course. 103 89-D. Obligation of person owning or using private water-course. 104 89-E. Application ofs ections 89-A to 89-D. 105 90. Compensation for damage. 105 91. Power to make rules. 105 CHAPTER-IX-A Requisitioning of tankes etc. 91-A. Commencement of Chapter. 106 91-B. Requisitioning of tanks, etc. 106 91-C. Payment of compensation. 106 91-D. Preparation of list of all land commanded by a tank. 107 91-E. Release from requisition. 107 91-F. Power to acquire requisitioned property. 108 91-G. Limitation for claims against the Government. 109 91-H. Power to remove difficulty. 109 91-I. Rules. 109 91-J. Delegation of power. 109 91-K. Interpretation. 109 66 THE MADHYA PRADESH IRRIGATION ACT. 1931 CHAPTER-IX-B Omitted. CHAPTER-X Rules, Offences and Re/1eals Sectio,1s /'age 92. Genera! provisions regarding rules. 110 93. Power to make rules. I lO 94-. Oflienn:s and penalties. 1l l 95. Compensation to private persons. 112 96. Power to order repairs to be done. !!2 97. Power to remove · person caming mischief: 112 98. Power to arrest person causing mischief. [12 99. Cornpositiou of offences. 1 l '.J 100. Repeah mi<l savings. l 13 67 THE :NIADHYA PRADESH IRRIGATION ACT, 1931 (No. 3 of 193l)l An Act to consolidate and amend the law relating to Irriga tion in [1fadhya Pradesh]2. Premrihlt Whereas it is expedient to consolidate and amend the law re lating to irrigation · in [Madhya Pradesh) 2; and whereas the Governor-General h as given his previous sanction to the passing of this Act as required by sub-section ('.i) of section 8-A of the Government of India Act; It is hereby enacted as follows L ( l) This Act may be called the [Tvfadhya Pradesh}2 Short tit!l.l, ox tent aml Irrigation Act, 1931. commcncem0nt. [(2) It extends to and shall be in force Ill the whole of Madhya Pradesh]3 CHAPTER..cl Dff initions 2. (1) Unless there is anything repugnant in the subject or lntcrpr-~t<1t:on. context, any expression used in this Act which is defined or explained in the· Central Provinces Land Revenue Act, 1917 (II of 1917), or in the Central Provinces Tenancy Act, 1920 (I of 1920; 4 shall have the meaning therein assigned to it. (2} Every expression, which is (iefincd or explained in ariy part of this Act, is used in every part of this Act in conformity with such definition or explanation. 3. ''Canal" includes- Canal. f (a ) all canals, channels and reservoirs including submerg ing tanks, tubewells, drainage works, and lift irriga tion works constructed, maintained or controlled by the State Government for the supply or storage of water for irrigation; )5 ·· · · (b) all works, roads, embankments, structures, supply and escape channels connected with, or constructed for the purpose of facilitating the construction or maintenance of such canals, charmels or reservoirs; l. for Statemtnt of Objects and Reasons and Report of Select ( omrnittee, see Central Provinces Gazette dated the 7th February, 1931 and 1st August, 1931, Part VII, pages 9 to 34 and 4 7 to 69, respectively. For dis~ussion, see c~ntral Provinces Legislative Council proceedings, 4ated the 25th February, 1931 and 28th August, 1931, pages 296 to 299 and 169 to 193 of Volumes I and II. respectively. · 2. Subs. by M. P. Act23 of 195.~, S. 3 (4), for. "the Central frovin<,:es and Berar" 3. Subs. by S. 3 (3), Schedule,PartA, item 26, ibid. 4. Now see M.P. Land Revenue Code, 1959. (2() of 1959) . . s. Sub. by M.P. A:t 42 of 1973, S. 2. 68 THE MADHYA PRADESH IRRIGATION ACT, 1931 (c) all uncompleted works which, when completed, will fall within clause (a) or (b); and (d) all land acquired or set apart for any of the above, but does not include a water-course. Water-course, 4. "Water-course" means any channel which is supplied with water from a canal but is not maintained at the cost of the Govnerment, and all subsidiary works belonging to)uch channel [arid includes a field channel constructed in accordance with the provisions of this Act. l Field chan ncL [4-A. "Field channel" means a channel which conveys or distributes water from an outlet or an opening in a water course for irrigation of fields belonging to private owners. J z ' Canal system. 5. "Canal system" means all canals supplied from one or mo~e common sources or head-works, together with all water courses supplied therefrom and all lands commanded thereby. Private irrigation work. 6. "Private irrigation work" means a work, which is nr,t the property of the Government, constructed or maintained for the supply or storage of water for irrigation, [ and includes a private water-c0urse.J3 Private water cou,,c, (6-A. ''Private water-course" means a water-course constructed at the cost of a permanent holder.]3 Grant-in-aid irrigation 7. "Grant-in-aid irrigation work" means a private irrigation work. work constructed or improved by or on behalf of a perma nent holder partly or wholly by means of a grant of money from the Government. Commanded. 8. Land is said to be commanded by a canal when it ma" be irrigated from that canal by the flow of water under gravity, and .without the need of lifting or pumping the water [ ,._,.. ]4 : Provided that jhe Executive Engineer, with the previous sanction of the Superintending Engineer, may declare any land to be not commanded if it can be irrigated only bi an excessive expenditure of water or by means of a water-course wfrch passe; through an area which the Executive Engineer considers it desirable to aviod Explanation.-Land which would not otherwise be comman ded may become commanded by the construction of a crossing for the passage of water across a natural drainage, channel or ridge. I. Added by M.P. Act 23 of 1960 S. 2. 2. Ibid. S. 3. 3. Ins'. by M. P. Act 23 of 1958, S. 3 (3) Schedule part A, item 26. 4. Wordi; "or of obstructing its flow in a canal or water course" on1itted by C. P. and Jlerar Act 55 of 1948, S. 2. THE MADHYA PRADESH IRRIGATION ACT, 1931 69 Wet. 9. Land is .,aid to be wet- "When it is clas,ed in the annual papers cf the :,._a/ village under any clescripition Which the State Government may, by rules made under this Act, declare to have the meaning of "wet" for the pur poses of this definition; or ( b) when it has been declared bv the Executive En gineer. with the sanction of · the Superintending Engin~Tr, to be wet. 10. Land is said to be i,rigablc when- Irrigable. ,'.a) it is commanded bv a canal :b : it lS under cultivation ;and (c) it JS not wet. [Explanation.-~-Land which has been cultivated with any r crop at any time during two yc:1r.5 1-er-,:0ir1g t1nt +i:0m which an irrigation agreement has effect shall be deemed to be under cultivation.] 1 l 1. An "outlet" is ctn opening, constructed by [the State Outlet, Governmcnt]2 in a canal, through which water is delivered in• to a water-course or directly on to any land. 12. (1) A "ehak" is that area of 1and on one side of a Chak. canal, or below a tail, which would be commanded by a single outlet so situated that it would eonunz1nd the greatest possible area of land on that side of the canal in that neighbourhood. Explanation.~The fact that, in order to secure a more efficient flow of water, two or more outlets are constructed fot one chak, does not convert that chak into two or more chaks. (2) In cases of doubt, the Executive Engineer shall have power to determine the boundaries of chaks ; and in all cases he shall have power so to determine them that no single chak shall include land in more than one village. [12-A. "Compulsorily as~cssed area" means an area ri.on Compulsorily ~sscssed fied as compulsorily assessed to wa ter-ratc iu accordance \Vith area. rules made under this Act and the cxpr,;ssion "compulsm·il.y assessed" shall be c,ms1rued accor~lingly.] 3 13. .An "occupier" of land is any penon holding or profr·,,, Occupier. lc,r mg to hold the right to cultivate such land the tirw,: bt'ing. f14·. ~\ "pcrman,:nt holder" of :mv land means the Bhumi Permanent !10Jder. swami of such land and includes m1 ;ceupancv tenant therof.J4 1. Subs. by C. P. an i lhrctr Act 55 of 1948, S. 3. 2. Subs. by A. 0 1937, for "Government". 3. lns by C. P. and Barar Act, 11 of 1945, S. ,-. 4. Subs. by M. P. Act 23 of 1960, S. 4. 70 THE MADHYA PRADESH IRRIGATION ACT, 1931 Canal revenue. [15. "C'.ana] rcven.u..::~: ir-.c:udcs irrfrration ccss levied un t~ der chapter _\'I-D and 2.ll sums, p,,yablc the Government for the use of, n~ht to use of, or v·:1·,tc of water from, a canal.] 1 Water-rate. . 16. A "water-rate" is ,,tlie am?unt of canal revenue pay able for the. use of water or 10r the nght to use water for irriga tion for a smgle crop on one 2.cre of l:md. Explanation,-A single crop includes t,rn crops of the sm:rje product within the same year. CHA.PTER-II Canal q[ficials and their charges and J1owers Canal officers. I i'. There shall be the following classes of canal officers, namclv : (a1 The Chief Engineer ; . ; (b) Superintending Engin~ers re) Executive Engineers ; ' ' (d) Sub-Divisional Officers ; and (e) Canal Deputy Collectors. Canal charges 18. (1) The State Government may group together in to circles areas in which canals have been or arc to be construct ed ; and may divide circles in to divisions, and divisions into mb-divisions. (2) The State Government may at any time born new circles, divisions or sub-divisions, abolish existing circles, divisions or sub-divisions, or alter the limits of existing circles, divisions or sub-divisions. (3) The State Government shall appoint a Chief Eng ineer to be in-charge of the irrigation department generally, a Superintending Engineer to be in-charge of each circle, an Ex ecutive Engineer to be in-charge of each division, and a Sub Divisibnal Officer to be in charge of each sub-division. ' (4) The State Government may appoint persons to be additional canal officers in any sub-division, division or circle, and may invest them with any or all of the powers of a Sub-Division.al Officer, Executive Engineer or Superintending Engineer, re spectivelv. I ; I (5) The State Government may invest Superintending Engineers with the power to appoint Sub-Divisional Officers to sub-divisions within their circles. Additional canal officers. ['18-A. The State Government may, by notification in the Official Gazette, appoint the Canal Officers of any neigh bouring State to be Additional Canal Officers in any sub-division or circle of this State and to exercise such powers and to per form such duties under this Act as may he specified in the noti fication.]2 !. Subs. by M. P. Act 42 of 1973, S. 3. 2. Ins.1 by M. P. Act 23 of 1958, S. 3(3), Sche<lulc, Part-A, Item 26. THE MADHYA PRADESH IRRIGATION ACT, 1931 71 19. The Chief Engineer shall be subordinate to the State Subordination of canaJ officers. Government; all other canal officers shall be subordinate to the Chief Engineer; all canal officers in a circle shall be subordinate to the Superintending Engineer; and all canal officers in a division shall be subordinate to the Executive Engineer. 20. (1) The State Government may :ctppoint a Canal Deputy Canal Deputy Collectors. Collector to one or more divisions. (2) A Canal Deputy Collector shall be subordinate to the Executive Engineer of any division to which he i; appointed. (3) The State Government may inve,t a Canal Deputy Collector with any or all of the pDwers of a Sub-Divisional Officer under this Act, and may invest a Sub-Divisional Officer with all or any of the powers of a Canal Deputy Collector. • 21. ( l) The Chief Engineer may. subject to rules made Canal Subordinates under this Act, divide a sub-division into subordinate charges, may appoint canal subordinates to such charges. and may prescribe the duties of such subordinates. (2) All canal subordinates in a sub-division shall be sub ordinate to the Sub-Divisional Offiicer. (3) The State Government may, by notification, id.vest any canal subordinate ·with any of the powers of eanal officer, except a power to decide appeal. (4) The Chief Engineer may subject to rules made under this Act delegate to Superintending· Engineers or to Executive Engineers any or all of his powers under sub-section( I). Power to allot duties 22. (1) \Vhen under this Act any duty is to be perfomed among canal officers. or power is to be exercised by a canal officer, and the class of canal officer is not specified, rules made under this Act regulating the performance of such duty or exercise of such power may prescribe the class of canal officers by which it is to be performed or exercised. (2) In addition to the above, rules may be made under this Act prescribing generally the class of canal officer who is to perform any duty or exercise any power which, under this Act, is to be performed or exercised by a canal officer. (3) \'\'hen the class of canal officer who is to perform any duty or exercise any power under this Act is not prescribed under sub-section (I) or sub-section (2), such duty shall be performed or such power exercised by the Sub-Divisional Officer. 72 THE M/\DHY,\ PRADESH IRRIGATION /\CT, J931 Appeals. 2'1. : ]) Save as provided for in this Act and the rnlcs made thereunder, ]JC, appeal shall lie from an order passed ll\ a Com missioner, ! Collector] 1, canal officer, or canal subordinalc. I')) The follo,1ing appeals shall lie-- \-. (a) if an order under section 34 is passed by a [_Collector Jl, or canal officer, to the Commis sioner; (b) if an order under section 38 is passed by a canal officer subordinate to the Executive Engi neer, to the Executive Engineer; (c) if an order under section 44 is passed by a canal r officer, to the Collector] I ; (d) if an order under section 117 is passed by a canal subordinate; to the Canal Deputy Collector or Sub-Divisional Officer; and, if it is passed by a Canal Deputy Collector or Sub-Divisional Officer otherwise than on appeal, to the Executicve Engineer; • (e) if an order under section 56 is passed by a Super intending Engineer, to the Chief Engineer; (f) if an order under sub-section ( 1) of section G2 is passed by a [Collector] 1, to the Commissioner; and (g) if an order under section 73 is passed by an Executive Engineer, to the Superintending Engineer. (3) No appeal shall lie- \ a; to the Commissioner or Chief Engineer-after the expiration of sixty days from the date of the order to which objection is made; or JI, (b) to the [ Collector Superintending Engineer or Executive Engineer-after the expiration ofthi.rty days from the date of the order to which objection is made; or (c ) to the Canal Deputy Collector or Sub-Divisional Officer- . after the expiration of ten days from the date of the communication of the order to which objection is made: Provided that no appeal shall iie to the [CollectorJ I against an order passed by an Executive Engineer under section 44 either after the expiration of thirty days from the date of such order or after the cutting or the crop for ,vhose irrigation the ... wa1er was supplied. (4) An appeal may be admitted after the period of limita tion prescribed therefor if the applicant satisfies the appellate authority that he had sufficient cause f;r not preferring the · ppeal within such period. l. Subs. by M. P. A. 0. 1956, for "Deputy Commissioner." Tlffl MADHYA PRADESH IRR1GATION ACT, 1931 73 (5) No appeal to a canal officer shall require to be stamped. (6) No legal practitioner shall be permitted to appear in any appeal under this Act or under the rules made thereun der except in appeals before the Commissioner. (7) Rules may be made under this Act providing for appeals from the orders of canal officers and canal subordinates, regula ting the procedure to be followed in such appeals, and prescri birn.-, periods of limitation therefor. L) (8) Such rules may require that specified appeals or classes of appeals shall lie only to a specified revenue officer. 24. A Commissioner may, at any time, inquire into the Revision. propriety of any order passed by a [Collector] 1 who is subordi- nate to him, and any canal officer may, at any time, inquire nto the propriety of any order passed by a canal officer or canal subordinate who is subordinate to him, and may pass such order in reference thereto as he may think fit: Provided that he shall not reverse or vary any order so as to affect adversely the rights of any private person without having given to such person an opportunity to be heard. [25. The Canal Officer conducting an enquiry in the disch Canal officers to have arge of his duties under this Act, or the rules made thereunder certain powers of ci vii shall have the powers of a civil court under the Code of Civil court· Procedure, 1908 ( V of of 1908), for the purposes of receiving evidence, administering oathes, enforcing the attendance of witness and compelling the discovery and production of documents and all such proceedings under this Act and the rules made thereunder shall be deemed to be judicial proceedings within the meaning of section 228 of the Indian Penal Code, 1860 (No. 45 of 1860) ]. 2 CHAPTER-III RIGI-J TS IN 111A TER 26. All rights in the water of any river, natural stream or Government's right in natural drainage channel, natural lake or other natural collection water, -of water shall vest in the Government, except to the extent to which rights may have been acquired in water affected by a notification published under section 27 prior to the publication of such notification. 27. When the State Government proposes to construct a Bar of accrual of rights canal, it shall publish a notification declaring its intention and in water to the detriment .. indicating the site of the head-works, and thereupon no of a projected canal. right shall be acquired against the Government under section 15 or section 16 of the Indian Easements Act, 1882 ( V of 1882 ), in the water of any river, natural stream or drainage channel, lake or other natural coliection of water, any of whose waters will supply the canal when constructed. I. Subs. by M.P. A. 0. 1956, for '·Deputy Commissioner". 2. Sub. by :M. P.Act, 42 of I 973, S. 4. 74 THB MADHYA PRADESH IRRIGATION ACT, 1931 Bar of accrual of rights 28. No rights shall be acquired against the Government in water to the detriment under section 15 or section 16 of the Indian Easements Act, of an existing canal. 1882 (V of 1882 ), in the water of any river,. natural stream or natural drainage channel, lake or other natural collection of water, any of whose waters supply a canal existing or under construction at the commencement of this Act. Rights to supply of 29. No rights shall be acquired against the Government, water from a canal. whether under section 15 or section 16 of the Indian Easements Act, 1882 (V of 1882), or otherwise, to the supply of water frotn a canal, save in accordace with the provisions of this Act or under a grant from the Government. Compensation for 30. (1) No claim for compensation shall lie against the damage. Government for any damage arising from- (a) the stoppage or diminution of the percolation or flow of water; or (b) the deterioration of climate or soil ; or (c) the stoppage of navigation, or of the means of drifting timber or watering cattle: Provided that compensation shall be payable where, as a result of the construction of a canal,- - (i) the rent or revenue of any land has been reduced, or (ii) the supply of water to or from a tank or other constructed work has been diminished. [ (1-A) In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and where such market value is not ascertainable the amount shall be reckoned at fifteen times the amount of the diminution of the annual net profits of such property, caused by the exercise of the powers conferred by this Act. ]1 (2) Claims under this section may be enforced by applicae tion made to the [Collector]2 within one year from the reduc tion of the rent or revenue, of the diminution or the supply. (3) Any person aggrieved by the decision of the [Collector]2 under sub-section (2) may, within six months from the date of such decision, institute a suit in a civil court to have such decision set aside or modified. CHAPTER-IV • CONSTRUCTION AND MAINTENANCE OF CANALS Power to enter and 31. (1) Any ca~al officer, or any person acting under survey, etc. the general or special order of a canal officer, may- 1. Ins. by M. P. Act 23 of 1958, S. 3. (3). Schedule, Part A, item 26. 2. Subs. by M. P. A. 0. 1956 for "Deputy Commissioner." THE MADHYA PRADESH IRRIGATION ACT, 1931 75 (a) enter upon any lands adjacent to any canal or water-course or through which any canal or water-course is to be made, and undertake surveys or levels thereon; (b ) dig and bore into the sub-soil; (c) make and set up suitable land-marks, level-marks, water-gauges and other apparatus; (d) do all other acts necessary for the proper prosecution of any inquiry relatinng to any existing or projec ted canal or water-course under the charge of the said canal officer; (e) where otherwise such inquiry cannot be completed, cut down and clear away any part of any standing crop, fence or jungle; and '{j) enter up on any land or building for the purpose of inspecting or regulating the use of the water suppli ed, or of measuring the lands irrigated thereby or chargeable with canal revenue and of doing all things necessary for the proper regulation and management of any canal: Provided that, if such canal officer or person pro s;isod to enter into any building or any enclosed court to a attached dwelling-house, he shall give the occupier of such building or court at least three days, notice in writing of his intention to do so. (21 After entry under this section, the canal officer shall, befor: leaving, tender compensation for any damage which may have been caused by any proceeding under this section; and in case of dispute as to the sufficiency of the amount so tendered, he shall refer the matter for decision by the [Collector]l such decision shall be final, and no suit shall lie in a civil court to have it set aside or modified .. to 32. (1) In case of any accident happening or being appreh Power enter for rep. ended to a canal, any canal officer or canal suborodinate, or airs and to prevent any person acting under his generl. of special orders in this accidents. behalf, may enter upon any lands adjacent to such canal, and may execute all works waich may be necessary for the purpose of repairing or preventing such accident. (2) In every such case the Executive Engineer shall tender compensation to the proprietors or occupiers of the said lands for all damage caused thereto. If such tender is not accepted, the Executive Engineer shall refer the matter to the [Collector] and compensation for the damage shall be l , determinea as though the State Government had directed the occupation of the land under Part VI of the Land Acquisition Act, 1894 ( l of 1894). 1. Subs. byM. P. A. 0. 1956 for "Deputy Commissioner." 16 THE MADHYA PRADESH IRRIGATION ACT, 1931 Power to prohibit obstru 3$. Whenever it appears to the State Government ctions or to order their that injury to any land or to the public health or public conven removal. ience has arisen or may arise from the obstruction of any river, stream or drainage channel, it may, by notification published in the Official Gazette,. prohibit, within limits to be defined in such notification the formation of any obstruction, or may, within· such limits, order the removal or modification of sueh obstruction. 34I. ( Power to remove 1) The [Collector] 1 or any canal officer authorised by obstructions. the State Government in this behalf, may, after such publica tion, .issue an other to the person causing or having control 1 over ~ny such obstruction to remove or modify it within a time fixed in the order. . (2) If, within the time so :fixed, such person does not com ply with the order, the [Collector] 1 or side canal officer may 1;emove or modify the obstruction, and the expenses incur red in such removal or modification shall be recoverable as arrears of land revenue. 35. (1) In accordance with rules made under this Act a Government to provide means of crossing canals. revenue officer and canal offiicer shall make a joint inspection of tl: c alig:1ment of all canals to be constructed and maintained at the cost of the Government, and shall make a second joint inspection of all such canals after not less tha:µ three yers from the co)npletion of such canals and shall report to the [Colleetor]l where,, in their opinion, means of crossing such canals should be provided for the reasonable convenience of the inhabitants of the adjacent lands. (2) The State Government shall cause suitable means of crossing such canals to be ~onst_ructed the cost of the Gov- ernment at such places as 1t thmks fit. (3) If at any time after the second of such inspections five or more of the permanent holders of such lands apply to the [Colleator]I for the construction of further means of crossing, he shall cause an inquiry to be made and, if he thinks that fur ther means of crossing should be constructed, he shall for ward his opinion to the State Government, which shall cause such measures to be taken as it thinks proper: Provided that, if the local inhabitants deposit, half the est imated cost of constructing such a means of crossing for the passage of traffic, the State Government shall cause it to be con struc,ecl, such crossing to be the property of the Government; and if the estimated cost exceeds the actual cost, [the State Government shall refund )2 half the difference: Provided further that, if the [Collecor] ,1 has once caused an inqu;;iry to be made under this _secti_on, it shall not b~ necess ary for· him to cause a second mqmry to be made mto the same matter. l. SuL,s~ by M, P. 1\. d. 19)6, fur "Deputy Con1mbsioner". 2. Sub8. by A. 0. 1937- for ''G,:_,,vernmcnt ~ha!: r,'.fund". 11IE MADHYA PRADESH lRRlGATION ACT, 1931 77 (4) J:',;o suit slnlllic in a civil court against the Government to enforce the construction cf a crJssing of a canal, or to enforce the alteration of a crossin:_; or for compensation for damage arising from the absence orinadequacy ofany crossing, or to modify or set aside any scheme framed or order passed under this section. Explanation.-Suitable means of crossing canals include means for the passage of traffic and of watc;". 36. (1) Whenever it appears to the Executive Engineer, or to Pqwer to impress labour any Sub-Division al Officer acting under his general or special in emergency orders in this behalf, that, unless some work is immediately executed, such serious damage will happen or continue to any canal as is likely to e~. use or continue to cause serious public in- jury or serious interruption of the normal course of irrigation, and that the labour necessary for the proper execution there of canot be obtained in the ordinary manner in time to pre vent such injury or interruptiori or to remedy it within a reaso nable time, the Executive Engineer,oranySub-Divisional Officer acting under the said orders, may by public proclamation by beat of drum, require every permanent holder and occupier of irrigable land resident in any village within five miles of the place where the work is to be executed, and every ,,gricultural labourer employ ed by them, to attend in person at such place and to carry out such duties as may be allotted to them. (2) If, in the opinion of the Executive Engineer, or of any Sub-Divisional Officer acting under the said orders, the amount of labour likely to att,nd in pursuance of an order under sub section ( l) is not sufficient, he may at any time in like manner . and subject to the same conditions, issue a like order requiring tne attel1ll..inc [of all pctsons]l resident within five miles of the plaee where the work is to be executed. (3) The rates or wages to be paid for such ,vork shall exceed those current in the neighbourhood for similar ,sork, and any person attending in compliance which the proclamation shall be paid for the whole period during which he is thereby preven t,cd from following his ordinary occupation. ~ (4) No person shall be required to carry out any duties under this s,'.stion for which such person is unfitted by rer,son of agc,sex [or bodily infirmity.]2 l. Sabs by M. P. Act 2 of 1953. S. 2 (1) for "of all cultivaters or of all agricultural labourers, or of both". '2. Sub,. by S. 2 (ii).i bid for '·bodily infirmity of social position" 78 THE MADHYA PRADESH IRRIGATION ACT, 1931 CHAPTER -V TI-IE SCPPLT OF TVATER FRO.NJ CANALS .UvD CHARGES THEREFOR Purpose for which water 37. (1) ·water mav be supplied from <i- canal - map be supplied. · (a) under an irrigation agreement, in accordance with the provisions of Chapter VI ; ( b) on demand, for the irrigation of specified areas ; (c) to supplement a village tank ; (d) for industrial, urban or other purposes not con nected with agriculture ; (e) for the irrigation of a compulsorily assessed arca.]1 _ _ (2) Charges for the supply of water under clause (a), J2 [ (b), (c) or (e) of sub-section (1) shall be paid at such rates as !illay be fixed by the State Government in accordance with Reduction or remission rule~ made under this Act. or charges for supply of water. [37-A. Notwithstanding anything contained in this Act or the rules made thereunder, the State Government may, by notification, reduce ,or remit the whole or any part of the charges Submerging tank. for the supply of water under sub-section (1) of section 37.]3 _ [37-B. (1) The State Government may, on an appli cation made by not less than fifty per cent of the permanent holders and occupiers of land in any particular area for constuc tion; of a submerging tank in that area, undertake the construc tion• of such tank at the cost of the Government subject to such terms and conditions as may be prescribed. (2) "\'\There the State Government undertakes to cons struct a submerging tank under sub-section (1 ), the terms and conditions prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of ]and likely to be cover ed by the submerging tank irrespective of the fact whether they are signatories to the application or not. : (3) 'Where submerging tanks constructed and maintained by the State Government ate in existence prior to the commence ment of the Madhya Pradesh Irrigation (Amendment) Act, 1973, the terms and· conditions prescribed under sub-section (1) shall be binding on all the permanent holders and occupiers of lands covered by the submerging tank. (4) The Canal Officer or any other officer authorised· for execution for the purpose of this section shall during the period between 15th September and 1st October every year, in the pre scnd: of t1Je permanent hoJders and occupiers or their representa tives-fin-interest mark out the land actually submerged under water of the submerging tank in the vmage map by a contour line and obtain signatures on the map of the permanent hoders and occupiers or their representatives-in-interest present on the spot. !. Jn5. !,y C. P. and Berar Act 11 rf E45, S. 3 (i). 2. Sub. by S. 3 (ii), ibid, fo, "(b) or (c)" 3, Iris. by C. P. and Berar Act 55 of 1948, S. 4. 1HT MADHYA PRADESH IRRIGATION ACT, 1931 79 (5) The permanent holders and occupiers of lands with in the contour line on the map sh~ll l:c liable to pay water-rate at such rates as may be determined by rulcs.]1 38. ( 1) Water may be supplied from a canal at any Supply of water on time for the irrigation of specified areas at the discretion of demand. the Executive Engineer. (2) vVater supplied on demand shall be paid for accord ing to the area actually irrigated. In the determination of such area the decision of the Executive Engineer shall be final and shall not be mdificd or set aside by any civil court. The water-rates for such supply are called "demand rates" (3) Rules may be made under this Act regulating the procedure cf canal officers in reciving applications for water on demand, in supplying water on demand, and in assessing canal revenue. 39. (1) Water may be supplied at any time to supple Supply of water to ment a village tank at the discertion of the Executive Engineer. supplement village tanks. (2) Rules may be made under this Act prescribing the conditions on which water may be supplied under this seciion, and regulating the procedure of canal officer, in giving such supply. 40. The conditions for the supply of water for industrial, Supply of water for Industrial, urbin oi: urban or other purposes not connected with agriculture, and other purposes. the charges thereor, shall be as agreed upon between the State Government and the company, firm, private person or local body concerned and fixed in accordance with rules made under th!s Act. [40_-A_. (1) Water may be supplied from a canal at any Supply of water to time to Jrngatc a compulsorily assessed area in accordance with compulsorily assessed rules made under this Act. area. (2) Rules may be made under this Act prescnomg the conditions on which water may be supplied under this section, and regulating the procedure of canal officers in giving such supply.]2 41. '\Yater for the irrigaiion of land, or to supplement Control of supply of village tanks, or for an industrial, urban or other puropose not water from cutlets. connected with agriculture, may be taken only from such outlets as mav be determined from time to time bv the Executive Engineer for 'the special needs of such land, system. or purpose. 42. If, as a result of the construction of a canal,the area Power of State Govern irrgated fr0m any private irrigation work in its proximity is ment with regard to • increased beyond the area recorded as irrigable at the last set inigaticm from private tlement, the state Government may, witl10ut prejudice to its irrigation works. rights, if any, recorded at such settlement, direct that such water rate as it may deem fit shall be charged on such increase of area: 1, Ins. by M. P. Act. 42 of 1973, S. 5. 2. Ins. by C. P. and Bearar Act, 11 of 1945, S. 4 80 THE MADHYA PRADESH IRRIGATION ACT, 1931 Provided that no water-rate shall be charged, if on inguirY it is found that the increase in the area has been due to an Y ; mprovcment of the private work since the settlement. Unauthorised use and 43. (1) Water is said to be used in an "unauthoridsed'' waste of water. manner when its use gives rise to, or may be expected to give rise to, benefits of any kind and,·- (a) when it is allowed or caused to flow on to land, or into a village tank, or into a private system of irriga tion, or into any system for the supply of water for an industrial, urban or other purpose not connected with agriculture, so that the owners or occupiers of such land or system thereby obtain for such land or system · water to which they are not entitled under the provisions of this Act or of the rules or of any agreement or contract made thereunder; or (b) when it is taken from any canal, outlet or water course in contravention of any of the provisions of this Act or of the rules made thereunder or of any order by a canal officer passed thereunder. (2) Water which is allowed or caused to escape from a canal, water-course or field in such a manner that no benefits arise from its consumption is said to be "wasted". Rates for unauthorised 44. ( 1) Cultivated land on which water has been used in use and waste of water. an unauthorised manner shall be subject to the payment of water-rates; such rates are called "rates for unauthorised use". (2) Rates for unauthorised use shall be payable by the occu piers of the land concerned: Provided that, if such occupiers can prove to the satisfaction of a canal officer that the unauthorised use was due to the act or omission• of another person, the canal officer may levy such rates, or aportion thereof, from such other person. (3) When ,vater is used in an unauthorised manner other wise than on cultivated land, the Executive Engineer may make an estimate of the volume of water used, and may determine the pers~ms responsible for such use and the persons who have been benefited thereby. Such ·water may be charged for at bulk rates to be prescribed from time to time by the State Govern ment, and the charges shall be distributed among the persons responsible and the persons b~·nefited by such use at the discre tion of the Executive Engineer. / (4) When water is wasted, the Executive Engineer may make an estimate of the volume of water wasted, and mav deter mine the persons responsible for such wastage. Such water rn.ay be charged for at bulk rates to be prescribed from time to time by the State Government, a:1d the charges shall be distributed among the persons responsible at the discretion of the Executve Engineer. THE MADHYA PRADESH IRRIGATION ACT, 1931 81 (5) The levy of rates for unauthorised use or for waste shall not bar a prosecution for any offenc::: connected with such use or waste. (6) No suit shall lie in a civil court contesting any deci sion made by a canal officer under this section or by t 1-c [Collector]1 on appeal from such decision. (7) Rules may be made under this Act regulating the pro cedure of canal officers in imposing liability for, and in asses - ing, canal revenue payable under this section. [ 44-A. ( 1) All rights in the water dischareged as waste Discharged waste water water after its use for the puropse for which it was supplied un to vest in State Govern ment. der section 40 shall vest in the Government. (2) The use of waste water by any person other than the one who discharges such water after use shall be subject to pay ment of water rate at such rates as may be prescribed and such water rates shall be payable by the person utilisir ,uch waste water. 44-B. The permanent holders and occupiers of land situate Water rate for utilisation. of drain out water from outside the boundary of a submerging tank who utilise water submerging tank. discharged from the sluice and escapes of the said tank for pur pose of cultivation shall be liable to pay water rate at such rates as may be prescribed.]2 CHAPTER-VI IRRIGATION AGREEMENTS [45. (1) Agreements may be made, between the State Power to make irrigation Government and the permanent holders of land for the supp'y agreements. of water for irrigation either for a short term not exceeding one year or for a long term exceeding one year, at such rates as may be fixe.l by the State Gnvernment, frcm time to fme· Provided that, if the State Government considers it necessary so to do, short term agreement may also be made with occupiers of land. (2) Agreements made in accordance with sub-sectoion (1) are called "Irrigation Agreements" and the water rates pay able thereunder are called "agreement rates". (3) The State Government may divide the State into zones for the purpose of short term agreements and long term agreements and may declare anv area wherefor no agreements shall be made. ( 4) Agreements under this section shall be made in accord ance with the provisions of this Chapter and the rules made thereunder.] 3 L Subs. by M. P. A. 0. 1956, for ''Deputy Commissioner" 2. lns. bv M. P. Act 42 of 1973, S. 6. 3. Subs. by M.P. Act 42 of 1973, S. 7. THE MADHYA PRADESH IRRIGATION ACT, 1931 46. Irrigation agreements- Scope of irrigation agreements. shall be for the irrigation of one or more specified (a) crops, which are called "crops under agreement"; (b) shall be made with the permanent holders of all irrigable land in a village, mahal or chak cultivated with the crops under agreement; l[ (c) when duly made in accordance with the provisions of this Chapter, shall be binding, according to the terms of the agreement, on the permanent he lders and occupiers of- [ (i ) all irrigable land in the village, mahal or chak under cultivation with the crops under agreem ent at the time from which the agreement has effect or at any time during two years prior thereto : Provided that where a scheme of consolidation has been confirmed in respect of any land un der the provisions of the Central Provinces Consolidation of Holdings Act, 1928 (VIII of 1928) the irriagation agreements shall, from the year in which the permanent holders and occupiers, if any, are put into possession of the holdings- (a) be binding on the permanent holders and occupiers, if any, of all cultivable land newly recieved in exchange for land wich has ceased to be under cultivation;

and (b) ceased to be binding on the premanent holders and occupiers, if any, of all land J,2 which has to ceased be under cultivation (ii) all land described in sub-clause (i) together with such land as may be cultivated with the crops under agreement at any time during the period of the agreement, land on the permanent holders and occupiers where of an agreement is binding is called "land under J agreement". 47. In addition to any incidents applying generally to liabi lity for payment of water-rates, all irrigation agreements shall be subject to the following incidents, namely:- r(a) Canal revenue payable thereunder shall be payable- Main incident of irriga. tion agreements. (i) if the case falls under clause (c) (i) of section 46, for every_ year on all land under agreement, whether 1t has been sown or not and irrigated or not, and I. Ins. hy C. P. Act 8 of :936. S. 3. 2. Su~_",s 1y C. r. a~(J Bcr0r A.ct 55 of 1948. S. 5. 1 THE MADHYA PRADESH IRRIGATION ACT, 1,31 83 ( ii) if the case falls under clause (c ) (ii) of section 46, for any year on all land under agreement, which has been sown that year with any of the crops under agreement, whether it has been irrigated or not; J 1 (b) the canal revenue payable on any land for any year shall be collected from the occupier, or, on his de fault, from the permanent holder of such land; (c) at any time when the amount of water available is deficient, or when damage is anticipated to the canal if a full dischan:i-e ~f water is delivered, its ~ supply may be regulate~! in such manner as the Ex ecutive Engineer mav determine; ( d) no claim shall arise against the Government for com pensation for any loss arising from a failure or shor tage in the supply of water for irrigation or from an excess of such supply : Provided that rules may be made under this Act providing for the remission of agreement rates where there has been a fail ure of crops or a failure to deliver water owing to a defect m the head-works or distribution system. 48. ( l) \\There the title of an occupier of irrigable land who Consent to agreement is not the permanent holder thereof is such that it will lapse on where land is in posse or before the expiry of the agricultural year next following ssion of sub-tenants. the date of an irrigation agreement applicable to such and, the consent of the permanent holder to such agreenment shall be binding on such occupier in respect of such land, (2) Where the title of an occupier of irrigable Iand, who is not the permanent holder thereof, is such that it will continue after the expiry of the agricultural year next following the date of an irrigation agreement applicable to such land, the con sent of such occupier shall be nece"ary to the validity of the consent of the permanent holder. 49. ( 1· 1 Where land i, held jointly by two or more co- Consent to agreement where land is jointly by sharers in the proprietary right of a village, the consent of the proprietors. Iambardar or l ambardar-gumashta appointed for such land un der section 187 of the Central Provinces Land Revenue Act, 191 7 (C . P. Act, II of 191 7), 2 shall be binding on every co-sharer in respect of such land if he has received notice of the proposed agreement and has failed_, withi_n a we k . from the receipt of nmice, to lodge an obJechm m wr:ting .vlth the canal officer taking the agreement. (2) Notwithstanding anything contained in sub-section (_l), when co-sharers holding not less than two-thirds of the in terest in land held jointly by two or more co-sharers in the proprietary right of a village ~r mahal have g~ven their C<?~ sent to a proposed agreement m accordance with the provlSl ons of this Chapter, the consent of the co-sharers holding the remaining interest shall be deemed to have been given. 1. Subs. by C. P. Act 8 of 1935. S. 4. 2. See !iOW M. P. Land Revenue Code, 1959 (20 nf 1959). THE MADHYA PRADESH IRRIGATION ACT, 1931 84 50. \Vhere land is held by a proprietor of a village who do Consent to agreement where land is held by es not reside in the village, the consent of the lambardar or non-resident proprietor. lambardar-gumashta appointed for such land undei,:_ section 187 of the Central Provinces Land Revenue Act, 191, (C. P. Act II of 191 7) shall be binding on such proprietor in respect J of such land if after receiving notice of the proposed agreement he fails within a week from the receipt of notice, to lodge an objectio'n in writing with the canal officer taking the agree ment. 5 l. When either the permanent holders of not less than two Special rule when all permanent holders do thirds of, or not less than 95 per cent of the permanent hol not consent. ders of all the irrigable land in a village, mahal or chak cul tivated° with crops under agreement have given their consent to a proposed irrigation agreement in accordance with the provisi ons of this Chapter, the proposed agreement, if accepted by a Canal Deputy Collector or by an irrigation inspector specially authorised in this behalf by the Executive Engieer, shall be de emed to be an irrigation agreement binding on the permanent holders of all irrigable land in such village, mahal or chak cul tivated with crops under agreement : Provided that no agreement for a mahal or chak shall be accepted without the general or special consent of the State Government or of a canal officer specially authorized in this behalf by the State Government. · No consent to be presu 52. (1) The provisions of sections 49, 50 and 51 shall med without previous not apply unless a notice has been published in the village con notice. cerped by a canal officer that he proposes to take an irrigation agreement in that village. (2) Such notice shall be posted in writing in some prominent place in the village, and shall be proclaimed by beat of drum at least fourteen clear days before the agreement is finallv made. Inclusion of wet land. 53. The permanent holder of wet land which is commanded by a canal may apply to a canal officer to have his wet land included in an irrigation agreement relating to the village mahal or chak in ,vhich such land is situated, and, if hi; application is granted, he shall be entitled to the supply of water in accordance with the terms of such agreement but with such deduction, if any, from the agreement' rates as' mav be prescribed by rules made under this Act. ' Inclusion of land Irriga 54. The permanent holder of land which 1s not comm ted by lift. anded but is capable of being irrigated from a canal or water c_ourse by means ~f any mechanical contrivance designed to hfr the water therem, may apply to a canal officer to have such land included in an irrigation agreement and if his :1-PPlication is gra_nted, he shall be entitled to the ;upply ~f water m accordance w1t~1 tl:e terms ?f such agreement, in so far as they may be applicable, but with such deduction, if any, from the agreement rates as may be prescribed by rules made un der this Act. 1. See now M. P. Land Revenue Code, 1959. (20 of 1959). THE MADHYA PRADESH IRRIGATION ACT, 1931 85 55. (1) A.n irrigation ag-rccmcut nay be cancelled by Cancellation of agree mutual consent between Lthc State Covernment]1 and the per ment by mnt:nll consent. manent holders of not less than two-thirds of, or not less than 95 per cent of the pcrmane11t holders oi: the land under agreement at the time of such cancellation. (2) The provisions of sections •l8, 49, 50, 51 and 52 shall apply to the cancellation of an irrigation agreement as if con sent to the cancellation were consent to the making of such agereemen t. 56. ( 1) The Superintending Engineer may, at a : any time, Cancellation of agree after giving notice, cancel an irrigation agreement in his ment for failure to main tain water-courses. opinion, the permanent holders and occupiers bound thereby persistently fail to maintain their ,vater courses in proper repair. (2) An ordet by the Superintending Engineer under this section shall be in writing, and shall be published in the village concerned by beat of drum. (3) Thereupon the irrigation agreement shail cease to have effect, and no suit shall lie in a civil court contesting the validity of the Superintending Engineer's order or making any claim ,vhatsocver against the Government bv reason of such concellation. ' ' 57. (1) With the prcvwus sanction of the State Govern General Power to ment the Superintending Engineer may at any time cancel any cancel agre.emen ts. irrigation agreement ; and in such case the measure of damages in i<espect of any land under agreement shall be double the amount of the canal revenue which would have been payable in respect of such land for the remainder of the period of the agreement. (2) Rules may be made under this Act regulating the distribution among permanent holders and occupiers of the damages payable by the Government, and regulatiing the procedure of canal officers in making such disrribution. (3) \Vhen damages have been distributed and paid or tendered in accordance with the provisions of this section and the rules made thereundet, no suit shall lie in a civil court con- testing the validity of the cancellation or making any claim whatsoever against the Government by reasons of such cancellation. Power to n,ake rules. 58. In addition to any rules for ·which provision 1s made this Chapter, rules may be made under this Act- 111 (a) prescribing the period5 and the crops for v,·hich irrigation agreements may be made ; prescribing the forms of irrigation agreements, and providing for the inclusion therein of incidents and conditions in addition to but consistent with those contained in this Act ; and (c) regulating the procedure of canal officer in carry ing out their duties under this Chapter, 1 by A. 0. 1937, for "Government". 86 THE MADHYA PRADE':J-I IRRIGATION ACT, 1931 1[CHPATER VI-A BETTERMENT CONTRIBUTION Definitions of"new canal" [58-A. For the purposes of this Chapter and "ccirEnanC.ed arean (a) the expression "new ~anal" means- a canal, the construction of which has been un der taken on or after the Ist April, 1951; or such exi~ting canal, the improvement or extension of which has been undertaken on or after the said date ; and the cost of construction or improvement or extension, as the case may be, where of is 5 lakhs of rupec3 or more or ·which has an irrigable capa city of one thousand acres or moer; and which has been notified as a new canal by the State Government; (b) "commanded area" in relation to a new canal means the area comprising of all land which may be irrigated from that canal by the flow of water un der gravity and without the need of lifting or pump ing the water: Provided that in relation to a nevv canal pro vided by improving or extending an existing canal, the area which was being irrigated already by such existing canal shall be deemed not to have been com prised in the commanded area.]\ [58-B. * * * *]3 Levy of bet' erment cont. [58-C.,(l) As from such date as the State Government may, ribution. by notification, appoint, such date being not earlier than three years •f rom the commencement of the operation of a new canal, there shall be levied on every permanent holder of land, whose land is situated within the commanded area, betterment con tribution at the following rates-- (a) Rs. 140 per acre, payable m one lump sum; or Rs. 224 per acre payable consecutivelv for twentv years, excluding the years in which r~covery ther~ of may be postponed by the State Goverment in accordance vv'ith section 58-I, as under :- Rs. 8 per acre per year for the first five years; Rs. 12 per acre per year for the nc,;t fourteen ·, years ; .. ( Rs. 16 per acre for the twentieth years Ul; 1 J. lns. by M. P. Act 7 of 1956, S. 2. 2. Subs. by M. P. Act 13 of 1968, S. 2. 3. Omitted by S. 3, ih;ci_ THE MADHYA PRADESH IRRIGATION ACT, 1931 87 (2) The betterment contribution levied under sub-section (1) may, at the option of the permanent holder, be paid by him in one lump sum within three months from the date appointed under sub-section ( 1) or in twenty annual instalments, the first instalment being payable within two months from the date appointed under sub-section (1) and the subsequent annual instalments being payable within one month from the date on which they '.rnuld fall due for payment in each subsequent ,ears : Provide that if the permanent holder who has under taken to pay the betterment contribution in annual instalment desir es, at any time after the payment of the first or subsequent in stalment, to make payment in one lump sum, he shall be re quired to pay per acre in full the amount equal •o the difference between Rs. 140 together with interest thereon calculated at the rate of 4~ per cent per annum for the period from the date appointed under sub-section (1) till the date of such payment in lump sum and the amount already paid by him by way of such instalments. (3) Any instalment of betterment contribution or part thereof which remains unpaid on the expiry of the period un der sub-ection (2), shall, with effect from the date on which such period expires, carry interest at the rate of six per centum: Provided that when the recovery of any instalment is post poned under section 58-I, such instalments shall not be deemed to be remaining unpaid for the purpose of this sub-section during which the recovery thereof remains postponed. (4 ) ff the State Government is satisfied that the levy of betterment contribution is likely to cause hardship to any permanent holder or class of such holders in any commanded area, the State Government may, by notification, exempt ,uch holder or such class of holders in such area from payment of the amount of betterment contribution in whole or in part, as may be cpecified in the notification, subject to such terms and ~onditions, if any, as the State Government may deem fit to impose. Explanation.-For the purposes of sub-section (4), the levy of betterment contribution shall be deemed to cause hard ship if,- (i) as a result of new canal, the price; of land situate in a commanded area has not risaen by more than fifty per centum over the prices prevailing prior to availability of irrigation facilities from such ne,v canal; (ii) the permanent holder who having already construct ed private irrigation work. prior to the commen cement of the operation of the new canal, on his land does not desire 1o avail of the irrigation facilities from such new canal. 88 THE MADHYA PRADESH IRRIGATION ACT, 'c931 Notification of commanded 58-D. Before appointing the dat,~ under sub-section (1) of area by State Government. section 58-C from which betterment contribution shall be levied. the State Government shall issue a notification- ( i) specifying the commanded area defining the l~ouncl aries thereof; (ii) appointing the place or places at which the parti culars of holding of permanent holders whose lands are situated in the commanded area speci fied in clause (i) can be seen; (iii) appointing a Revenue Officer not below the rank of a Sub-Divisional Officer (hereinafter re ferred to as the Authorised Officer ) who shall enquire into and determine the amount of better ment contribution payabic by each permanent hol der; and ( .v) specifying a date not lcs, than three nnnths from the da'.e of the publ"cation of such notiJication and requiring every permanent holder in the; said area who objects to the inclusion of any land w·thin the Comm,lllded area or to the conectness of any particulars regarding his holding to present to the Authorised Officer a written objection on or before such date, stating the nature of his o:Jjection and the relief sought by 1i:m. Proclamation by Author 58-E. The Authorised Officer shall, as soon as may be, ised Officer. after the issue of the notification, cause to be published in the regional language of the commanded area a notice of the issue of such notification by beat of drum and also by affixing copies of the notice at conspicuous places in all villages in the com manded area specified in the notification issued under section 58-D. Such notice shall also state the time and place at which the · Authorised Officer shall enquire into the objections pre frrred under section 58-D. Enquiry by Authorised 58-F. The Authorised Officer shall, at the place stated in Officer. the notice under section 58-E, make such enquiry into the ob jections preferred under section 58-D as may appear necessary and after giving an opportunity of being heard to the permanent holder preferring an objection, pass such orders thereun as he may think fit. Powers ofA uthorised 58-G. For the purposes of section 58-F, the Authorised Officer. Officer shall exercise the powers conferred on a Revenue Officer of his grade and follow the procedure laid down for the pur pose in the Ivfadhya Pradesh Land Revenue Code, 1959(20 of 1959), and the rules made thereunder. Determinationof better 58-H. After the objections, if any, preferred under section ment contribution payable 58-D have been disposed of~ the Authorised Officer shall make by holders. an order specifying- (a ) the lands (with Khasra Nos. and area )commanded by the new canal ; THE MADHYA PRADESH IRRIGATION ACT, 1931 89 (b) the betterment contribution payable by each per manent holder in respect of the land specified un der (a) above. (2) The order shall be notified in the prescribed manner, and a copy thereof shall be placed for public inspection at such place or places and for such time, as may be prescribed. 58-HH. An appeal shall lie against every order passed un- Appeal. der section 58-H to the authority competent to hear appeals under sub-section ( 1) of section 44 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959), from an officer of the same grade under the said Code and the provisions of sub- section (2) of the said section shall thereon ap'ply accordingly: Provided that no appeal shall be entertained unles\>- (i) in the case of first appeal, it is filed wtihin 60 days from the date of the order appealed against; and (i i) in the case of second appeal, it is filed within 90 days from the date of the order appealed against: Provided further that- (i) in computing the period aforesaid, the time requisite for obtaining a copy of the order appealed against shall be excluded; and (ii) the provisions of section 5 of the Limitation Act, 1963 (No. 36 of 1963), shall apply to such appeals. 58-HHH. Subject to the orders passed in appeal under Finality of award. section 58-HH, the order made under section 58-H shall be final.]1 58-I. When the total land revenue or rent, as the case Suspension of payment may be, payable by the permanent holder in respect of any, of instalment. land for which he is liable to pay betterment contribution is suspended in any year, the State Government may, not ·withstanding anything to the contrary contained • in this Chapter or rules made thereunder, postpone for such period as it thinks fit the recovery of any instalment of betterment contribution. [58-J. ( l) The betterment contribution under this Chapt Betterment contribution to er shall be payable to the Revenue Officers in the same manner be rec0verable as arrears as land revenue, and in default of payment, it shall be re of land revem1e. coverable as arrears of land revenue. (2) The amount of betterment contribution realised shall be credited as State revenue under such head as may be prescribed. ] 2 58-K. Rules may be made for the purpose of carrying out Power to make rules, the purposes of this Chapter but in the absence of any rules so made the rules framed under section 63 shall, so far as may be, apply in this behalf. 1. Subs. by M. P. Act 13 of 1968, S. 4. 2. Subs. by M. P. Act 13 of 1968, S. 5. 90 THE MADHYA PRADESH IRRJGATION ACT, 1931 [CHAPTER-VI-B IRR/GA TION CESS Levy of Irrigation Cess. '58-L. (I) In addition to the water rates or other charges or levy leviable under the provisions of this Act, there shall be le vied in respect of land under irrigable commanded of a canal, a ~ess called the irrigation cess at such rates and for such period as may be fixed by the State Government by notification : Provided that having regard to the potentiality of per ennial or seasonal supply of water from a canal different rates may be fixed for different canals. · .(2) The irrigation cess shall be payable by every perman ent holder or occupier of land in the irrigable command of the canal. 58~M. Subject to the rules made under this Act, the State Government may, by notification reduce or remit the whole or any' part of the irrigation cess levied under section 58-L.]1 CHAPTER-VII COLLECTION OF CANAL REVENUE Dates of payment of canael 59. (1) Canal revenue payable under an irrigation agree revenue· ment, or for the supply of water on demand, or for the supply of wa:ter to supplement a [v illage tank, or, for the supply of water to a eompulsorly assessed area] 2 shall fall due on such dates as may be prescribed in this behalf by ru1es made un det this Act. (2) Canal revenue pavable for the supply of water for industrial, urban or other purposes, not connected with agri culture, shall fall due on the dates specified in the agreement relating thereto. (3) Canal revenue payable for the unauthoried use of, or for tlie waste of, water shall fall due on the date on wh'ch de - mand is made for the payment thereof. 60. Any sum payable as canal revenue which remains - Definition of arrear. unpaid on the day following the date on which it is due is an arrear of canal revenue. Mode of recovery of 61. Arrears of canal revenue shall be recoverable as arrears arrears. of land revenue. Irrigation panchayats. 62. [(l) In accordance with the rules made under this Act, an Irrigation Panchayat shall be established for every vill age, or chak, and at the discretion of the Collector, for a group of villages in the commanded area of the canal. Such 1. Ins. by M. P. Act 42 of 1973, S. 8. 2. Subs. by C. P. and Bcrar Act 11 of i945, S. 5, for "Vilagc tank" THE MADHYA PRADESH IRRIGATION ACT, 1931 91 ' Panchavats shall consist of a Sarpanch and two or more members elected by the premanent holders and occupiers of the land from among themselves. Such election shall be subject to the approval of the Collector, who shall have power to nominate one member to any Panchayat, and, for reasons to be recorded in writing, to dismiss any member and to dissolve any Pan• chayat subject to an appeal to the Commissioner.]! (2) Irrigation Panchayats shall- [(a) ]2 X X X X (b) assist the officer of the Irrigation Department in detecting and preventing encroachments on canal lands, prevent damage to irrigation works, and report any wilful damage caused to irrigation works ; (c) assist the officers of the Irrigation Department in arranging for the construction of water-courses, in recording and checking irrigation, and in mak• ing measurements and settling diputes; (d) collect irrigation revenue and remit it to the treasury; and (e) arrange for the repair of water-courses. [(3) Irrigation Panchayat shall have power to accept from any person against whom a reasonable suspicion exists that he has committed an offence specified in rules made under this Act, a sum not exceeding fifty rupees for composition of such oflence.]3 (4 ) :Money collected by a Panchayat under sub-section (3 ) shall be expended by the Panchayat, subject to the control of the [Collector] 4 on any work of public utility in the village. (5) A member of such Panchayat shall be deemed to be a public servant for the purposes of the Indian Penal Code. 63. Rules may be made under this Act regulating the Power to make mies for procedure of canal officers and canal subordinates in assessing assessment and collection. canal revenue and :n applying to revenue officers for the collec tion of arrears of canal revenue and the procedure of revenue officers in collecting canal revenue. 64. All sums due to the Government for the right to ;cut Mode of recovery of grass, to graze cattle, to fish, to cultivate land, or to do other miscellaneous revenue. acts on land or in water under the charge of the Irrigation De- partment shall be recoverable as arrears of land revenue. 1. Subs. by M. P. Act 42 of 1973, S.9 (a). 2. Omitted by C. P. and Berar Act 55 of 1948, S.6 (ii). 3. Subs. by M. P .. Act 42 of 1973, S.9 (b). 4. Subs. by M. P.A. 0. 1956, for "Deputy Commissioner". THE MADHYA PRADESH IRRfGATION ACT, 1931 CHAPTER VIII CONSTRUCTION AND 1HAIJVTENANCE OF f!!'A TE'R-COUR,SES I Power to make water-cour 65. Contracts may be made in accordance with the pro- se contracts. v1s1ons of this Chapter whereby Government undertakes to construct water-courses and to bear the cost of construction and the permanent holders of irrigable land undertake to maintain them and to bear the cost of maintenance. Such contracts are called "water-course contracts". Si:ope of water-course 66. W ater-coursc contracts- conrtacts. (a ) shall relate to the construction of water-courses for the irrigation of all irrigable land in a village, ma hal or chak cultivated with one or more specified crops; and (b' shall be made with the permanent holders of all ' ) such land in a village, mahal or chak : Provided that, when not less than one-half of such permanent holders, holding not less than two-thirds of all such lands, have given their consent to a water course contract in accordance with the provisions of this Chapter, the proposed contract, if accepted by Government, shall be deemed to be a water-course contract made with the permanent holders of all irrigable land in the village, mahal or chak cultivated with such crop or crops. Consent in ·certain cases. 67. The provisions of sections 48, 49, 50 and 52 shall apply to water-course contracts as if such contracts had been irrigation agreements. ";Water courses to be 68. Water-courses constructed under a water-course con property of Government. tract shall be the property of the Government. [68-A. Water-courses may be constructed by the State Gover Constructions of water nment for the irrigation of a compulsorily assessed area. courses for irrigating Sud1- water-courses shall be the property of the [Government] l eopulsor ily assessed area. but they shall be maintained by the permanent holders of land comprised in the compulsorily assessed area for the irrigation of which they are constructed and by such other permanent holders as may actually make use of them for irrigation purposes.]2 Construction of water. [68-B. (IJ ,vhere, in a chak not less than half a mile courses for irrigating long or 80 acres in area, the State Government considers it a chak. expe~ient to construct water-courses, it may, notwithstanding an yt.µirg in section 66, construct such water-courses for such chak. (2) Water-courses constructed under sub-section ( 1) shall be the property of the[Government]l but they shall be maintained by the permanent holders of the chak for the irrigation of which I. Subs. by A. 0. J' }37 for "Crown". 2. Ins. by c. P. and Berar Act 11 of 1945, S. 7. THE MADHYA PTIADESH. IRRIGATION ACT, 1931 93 • such water-courses arc constructed and liy such other permanent holders as niay actually m;c:;kc use of them for irrigation puf poses.]' 2[69. Subject to the provisions · of section 68-A and _s--cction Irrigation panchayat to 68-B]" the Irrigation Partchayat shall, in accordance with the be responsible for main rules made under this Act, be responsible for the _proper tenance ofwater-cours~. . maintenance of all water-courses constructed f<;ir that village . [mahal 9r chak, as the cise may be,]1 and may call upon the permanent holders and occ,,1 piers of all land whether under an agreement or within a compulsorily assessed .-irea which is or dinatily. irrigated or may , be irrigated through a w'ater-course to render assistance in maintaing it, and in c,ase of defa,µlt to pay such sums as may be assessed by the Executive Engineer.] . 70. (1) _Notwiths~anding anything contained in th~ for Power to construct water gomg prov1s1ons of this Chapter, [the State Government ]" may, courses at cost of subject to rules made under this Act, enter in to a contract with perma:nant holders o!1e or more of the l?ermanenJ holders of irrigable land in a village, mahal or chak whereby [the State Government]5 un- . dertakes to construct wa.ter~eourses and the permanent holders undertake to b,ear the cost of construction and maintenance. l ~ .,c' (2) Whe,n land not held by a perm.1ncnt holder bound by . such contract is required for the contruction ·or a water-cours,e, • it shall be deemed to be required for a public purpose and· shall be acquired in accordance with the 'provisions of the Land Acquisition Act, 18.94 (1 of 1894). · ' . 71. · ( 1) A· water-course· constructed j4 1 [under section 68- Water-courses to· be an A or section 68-B]7 o:r sect'ion 70] shall be deemded to be an improvement. improvement affecting all the land for. whose i:rrig adon the water-course was .con,structed, within the meaning of clause (5) of section 2 of the Central" Provicneces Tenancy Act,, 1.920 (C.P. Act 1 of 1920). (2) When any ·village servant, who has entered into a water-course contract in respect of any land in his village service holdi11;g. acquires the rights of an occupancy tenant under the provisions of section 48 of the Central Pnovinces Tenancy Act, 1920 (C. P. Act 1 of 1920) he shall be deemed to have helrl the rights of an occupancy temmt under section 52 of the sqid Act at the time he entered into the contract. 72. Whete [the State Govemm~'nt]5 has ~onstructed waten Power to require raiyats ~01;1rses in a r':iyatwari · ~illage, it may require taiyats holding in raiyatwari village to 1rngable land 1n that village to maintain such waterccourses maintain water-courses. when, in the opinion of [the State Government]5 such raiyats . -are in a pPsitiQn to do so. · , ----. ·-·--·-- • J. Ins. by C P. and Berar Act 25 of 1949, S. 2. 2. Subs. ~y C. P. and Berar Act 11 of 1945, S. 8. 3. Sub. by C. P. arod Berar Act 25 of 1949, S. 3, for ''section 68-A". 4. Ins. by C. P. and Bera:- Act 55 of 1948; S. 7. .~r , Subs. by A. 0. 1937, for "Government". 6. Subs. by C. P. and Berar Act 11 of 1945 ·s, 9 for "under S. 70". 7. S_ubs. by C. P. & Berar ft..ct 25 of 1949, S. 4 for '.'section 68-'-'-A". I 94 THE MADHYA PRADESH TRRIGATJON AE'1', 1931 I Power to have water 1I 73. If at. any time Executive Engineer considers that a courses repaired. wa er-course, which has been constructed under agree~ent 1 o under [section 68-A] or section 68-B]" or which the raiyats [ in aiyatwari village have been required to maintain, )s not in roper repair-. (a) he may. by public proclamation in the village, I require that the repairs be made to his satisfaction on or before a specified date; and (b) if the repairs are not made to his satisfaction by such cl.ate, he may stop the supply of water to the water-course; or (c) he may cause the repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders or occupiers in proportion to the areas held by them in the land which is ordinarily irrigated or may be irrigated . under an agreement through such water-courses ; [brovided that where a village, mahal or chak has ceased to b~ under an agreement or any ,.area has ceased to be com puls<1>rily assessed to w3,ter-rate, the State Government shall not tequire the maintenance of water-courses therein unti.l such village, mahal or chak again comes under agreement or such areal is again compulsorily assessed.]" I Recovery of sums due to 71 All sums recoverable by [the State Gowrnment]' under ~. • ·State Government. ani'o f - the provision~ of this Chapter or recvoverable by irri tion pa. nchayats und~r section 69 may be recovered as. arre rs of land revenue. . Powers to make rules. 75. Rules may be under this Act- (a) prescribing the forms of water-course contracts; I (b) regulating the procedure of canal officers in dis I ! charging their duties under this Chapter; [ * * * * ]5 fl' (bb) determining under section 68-B the . l.i abil.i tv of permanent holders and th_e manner 1n which,/ · it s_hall be discharged ;]6 Ice) prescribing the liabilites of permanent holders and occupiers of land under section 69; ' i t(d) perscribing the circumstances in which the assess- ·· met?-! in a compulsorily asses5ed area may be J cancelkd. 7 1. Ins, by C. P. and _Berar Act 11 of l 945 S. IO (i). 2. Sutjs. by C. P. and Dcrat Act 25 of 1S49. S. 5 for "Section 68-A". 3. Sub~. by C. P. and Bear Act 11 of 1945, S. 10 (ii) 4. Su~ by A. 0. 1937, for "Government" .. · 5. Wo d. _"and" omitted b.y . C. P. and Bcrar.Act 11 o.f 1945. S. l l (i). 6. Ins y C. P. and Berar Act 25 of 1949, S. 6. . • · 7. Ins y C. P. and Berar Act 11 of 1945. S. 11 (ii). I ' ! THE MADHYA PRADESH IRRIGATION ACT, 1931 95 1[CHAPTER VIII-A CONSTRUCTIONAND MAINTENANCE OJ,~FIELD CHANNELS,, 7 5-A. The provisions of this Chpatoc shall apply to, .such Pc:wer to apply provisions area and from ·such date as ·the State Government may, by noti of this C lrnr tG. fication, appoint· and different dates may be appointed · for different areas. 75-B. (l) If the Executive Engineer considers -it ex Pcwer to require perman pedient or necessary in. the i?terests of the general public that ent holde1s and occupiers any permanent holder or occupier of irrigable· land in a chak · or to ccmtruct _dig fdd should construct or dig a field channel · either singly .or jointly channels, wih other holders or occupiers of such land, he may by a notice, call upon the permanent holders or occupiers concerned to show cause by a date not earlier than three weeks after the date of the . issue of the notice to be specified therein as to why they should n0t be required to undertake the work specified in the notice .. (2) The notice under sub-section (I) shall state th$: place where the plans and specifications of the works as approved by he Executive Engineer may be inspected and shall be in such tfrom as may be prescribed. (3) Any permanent holder or occupier on whom a notice is served under sub-section (I), may- , . (i) prefer an objection }n writing before the date speci- fied in the notice ; · (ii) . if he desires to be heard in person, appear before the Executive Engineer on such date ; (i ii) state, whether he would execute the work him-self or would prefer it to be -executed at his ~ost by the State Government. , (4) The Executive Engineer shall, • after con~idering the • objections · that ~ay be receive9, hearing the persons as may appear before him, and such further enquiry as he may deem .. necessary, pass orders specifying thcrein- (i) the nature of the work to he undertaken, (ii) the names of the permancnr holders or occupiers required to undertake the work; (iii) the period within which the work should be com pleted : Provided that · where not less than half of the permanent. holders and occupiers on whom a notice is served under sub section (1) have expressed thefr willingness for the work being undertaken at their cost bv the State, Government, the Executive Engine1,r may uudertakc the work and if so, the order shall state accordingly. 1. Ins. by M. P. Aci 23 of 19f0. S. 5. THE MA,.DHYA PRA~~SH IRRIGATION ACT, 1931 er (5) A copy of the C;rd un.do· ,uL-sf:ction (4) shaJi b: st;rved upon every pcrmanenr holder or occupier w whom it relates and shall be published i1:, ,uch 0 hcr m,,1,nu as the 1 Executive Engineer may dctm fiL , (6) Any person. ;,ggrieved by the order of the Ex(cutive Engineer may pnJc:r an appeal to the Collector withi11 30 days from the d,ite ofthe order and tlic provisions of sub-scdions (4 ) and (6) __o f s_cction 23 shall apply w such· appeals: Subject to the dcc1swn m Lhe ;,ppcal, the order of the Executive Engineer under sub-section (4t ·shall be. fin;il. ' (7) No appeal under ,sub-section (6) shall require to be starµped. Apportionment . and re I 75-C. Where the work is u11dertakcn by the Executive· covery of expenses where E;i11_incer in ~ursuance_ of the provisio to sub-s.·cetion (4) of sedti~n work undertali.en by 7.J-~ he slu,1 apportion and recover the expenses rncurred m Executive Engineer. the !,execution of the work in the mannc:r laid down in subsection (4) of sectiop 75-D. · · Permanent holder or 75-D. (I)· lJ n!es the Executive EngiP.cer has, in pur occupier to comply with suai~ce of the provisu to sub-seeticn. (4 ) of section 75-B, under the order of Executive taken to execute the v,rork, · every permanent. holder or occupier Engineer. who is required to undertake the work under the said subsection shall, su~jeet to _orders of the · Co!Iector in appeal, if :my, ,wd undertake complete the work in accordance with the order as passed by the Exccutve _ Engineer. (2) If out of the permanent holders or occupiers named in til1e order, the work is undertaken and completed by some of them, they. shall on completion of the same report the matte. · to t~1e · Executive Engineer stating therein the total expenses in· curJicd in · the execution 0f the work and the ccintribution of each towards· the expenses · so incurred. (3) On .receipt of the report under sub-section (2)k the Executive Engineer shilJl in the prescribed manner, appor 1 tion the expenses amongst the persons named in the final order i under section 75-B with due regard to the benefit likely to be derived bv ·each of them from the work. If anv nerson fails to nay, his c~ntribution toi.vards the expenses ;is de'te;mi11cd by the Exe¢utive Engineer, within the time specified in the order, the amount of snch contribution shall be recoverable from him as an arrear of canal revenue· The amount so retovcred shall be distributed amongst the persons to v,·hom it is· due. • . (4) If the \'✓Ork is not undertaken or is not completed with qic in period specifird for the completion of such ,vork or _is not ,~xecrted in accordance with the approved plans and specification:;, the Executive Engine.er may · cause the work to be lJ.ndertaken, completed ot properly executed at the expense of the permanent holders or occupiers concerned, · :c:nd where two or more persons were required so to un.dertake the work, shall apport10n t~e expenses incurred . in doing so among such persons, m such'; manner as may· be prescribed with due regard to the benefit which each of them is likely to. derive from the THE _MADRY A PRADESH IRRIGATION .ACT,· 1931 work. If any person· fails to pay ··his contribution towards the expenses as detx:rmined by the · Executive Engineer within the tim.e: specified in the order, the amount of such contribution shall be recoverable from him as an arrear of carial revenue. 75-E .. (1) Every permanent holder and oceupier of land Maintenance of field receiving supply. of water frcm a field channel constructed . channels. in accordance with the provisions of this Chapter shall ~ • ( i) maintain it in a fit state of repairs; (ii) allow tbe use of it to any p!-!-rson entitled to take water therefrom; and · · (iii) construct- and n,aintain all works necessary for the passage across such field ehannel and · for affording proper communications across it for the convep.ience of the permanent holders and occupiers of the neigh- bouring land. · . (2) If the Executive Engineer finds . that any field channd is not maintained in a fit .state of repairs of any work requir. . . ed, to be constructed or maintained under clause (iii) of sub section ( 1) is not so constructed or maintained, he may, af- . ter •s uch noti<;:e · as may be. prescribed to the permanent holder and occupier concerned, cause the field channel to be repaired or other works to be constructed · or maintained at the cost of such permanent holder . and occupier. (3) The expenses incurred by the, Executive Engineer un der sub-section (2) shall be recoverable as an arrear of canal revenue .from the permanent holders or occupiers required to construct or dig field channel under section 75-B in such pro portion as the Executive Engineer may determine, in accor dance with rules' framed qnder this . Chapter. 75-F. (1) No person shall, except in accordanc~ with Obstruction or· intetfere such rules as :may. be prescribed, do anything which obstructs ~ce with ~11ter flowlg · fn field channal prohibited or interferes or is likely to obstruct or interfere with the flow of in certai11 cases. ' water in any field channel. (2) If any person c_ontravene~ t~e. pr<?vis1ons of s~b-sect ion (1), he shall be pumshable with 1mpro1sonment which may extend to six months or with fine which may '.extend to one thousand rupees or with both. 75-G. -(1) No suit or othet legal proceedings shall lie Bar of suits and against the Government, at the instance of any person-·· proceedings. . (a) in respect of any act done or purporting to be done < under this Chapter; or. · (b ) .~- on the ground that any field channel. intereferes or is likely to interefere with his rights in any manner. . (2) . No suit, prosecution or other legal. proceedings shall lie against any officer or servant of the Government for any- rPHE. ¥ADHYA PRADESH IRRIGATION ACT, 1931 98 thing which is in good faith .done or intended to be done in pursuance of the provisons of this Chapter or any rule made thereunder. , 75-H. The Government may make rules to · carry out Power to make rule!l! the purposes of this Chapter.] CHAPTER IX CONSTRUC,TION AND 1'1AINTENANCE OF PRIVATE IRRIGATION ~'V ORKS . ., · 76. Suqject to rules made under this Act, the . State Power to make grants or Joans for construction of Government may make a grant or loan ofmoney to a permanent private irriga1ion works. holder towards the cost -0f the cm1struction or improvement of a private irrigation work. Grant ofpenn.ission to 1[ 76-A. (1) Any permanent holder desiring to construct a dam permanent hol~er to c<?ns or .a ny other work of a similar na~ure in any river, natural str truct dam, etc. m any rive eam, natural drainage chan.nel, natural lake or other natural . r, natural stream, etc. collection of water as part of a private irrigation work or a gqmt~in-aid 'irrigation work, may apply in writing in the prescrifed form to the State Government through the [Collector] 2 fol permission to construct such darn or work · · (2) . If,. after. making such. inquiry as the [Collector)2 thinks fit, he is sati:5fied that the application is in order, he ·shall cause public notice of such appfkation to be given at convenient places in the village and to be published in such newspapers as he considers necessary. (3) Such notice shall state the p:i:s€ cribed particulars a.nd 1 shall require ·a ll persons having interest in such waters to, app ear personally or by agent before the [Co1lector]2 at a, time and place therein mentioned (such time not being earlier than thirty days after the date of publication of notice), ,and to state the nature of the respective interests in the waters in re• spect of which P!"rmission is · sought and objections, if any. The [Collector]2 may, in any case, require such statements to be made in writing and signed by the party or his agent. (4) On the day so fixed, or on any other day to which· the inquiry may be adjourned, the [Collector]2 shall enquire in to the respective interets of the persons who. appear before hini and the objections .made t_o the. grant of permission, if any. ,(5) After completing such inquiry, the fCollector]2 shall fonvard to the State Government the application together with the I papers of the inquiry and his report. Th~ State Govern- . mcmt may, thereupon, either · refuse the application or grant the necessary permission in the prescribed form subject to such condI itions, as it may deem fit,· including the condition, where • necessary, rep;anling .payment to the person who in the opin- 1 Ins by C· P, and Berar Act 50 of 1949, , S.2. 2 Subs .. by MP. A.O. 1956 for •·Deputy Coniissioner". THE MADHYA.PRADESH IRRIGATION ACT, 1931 99 ion of the State Government is entitled to it. for the water like- ly to be appropriated by the 'permanent·'nolder at a rate 'i/> not exceeding the rate which the permanent holder would have been required to pay if the same quantity of water had in simi lar circumstances been ~ven to the ;)er_rnanent holder from .any canal maintained ~y Government. :6) The decision of the State Government, grant: g or re fusing such application or imposing condit'ons including the condition regarding the rate at· wh ch paymen( fo · water Eke- 1,y to be appropriatced by _the permanent holder is to be made shall be final and concluslVe. (7) Where the Stat'e Government decides to impose a con dition regarding ,pa;·ment for the water likeiy to be appropriat ed }.)y the permanent holder, the payment of the amount fixed under such condition to the person declared bv the State Govern ment to be entitled to it shall be a full discharge of the State Government and the permanent holder from all liabilitv in re spect of such payment, but shall not prejudice any rights in re, spect of the right to receive such payment to_ which any other person may be entitled by due process of '.aw to enforGe against · the person to whom payment is made as aforesaid. . (8) Any sum p~yable under aU:y .c ondition attached to the permission under this section which remains unpaid on the day following the date fixed m that behalf shall be recoverable as arrears of land revenue. (9) No claim for compe~sation shall lie against' the [Govern• J1 merit in respect of anythmg done by the State Government. under this section and no claim for compensation shall lie against the per~anent holder: i!1• respe1:;t of any ~ction taken .in ae:cor dance with the permissi~n received by him except as provided in sub-sectiQn (5) of.sect10n 90.J ' 77. Where any grant-in-aid· irriga\ion work has been con• Power to enforce main structed or improved by or on behalf of a permanent holder tenance of grant-in-aid he and his representatives-in-interest shall, in accordance irrigation• works. · with rules made under this Act,, keep such work fit for the pur pose for which it. was constructed or. improved. If such· work is .at any time· or m any manner rendered up.fit or appears like ly to be rendered_ un~t ~or :~uch purpose, the permane_nt holder or his represeri.tat1vc~-m~mterest shall .at once ~eport th_e matter to the Executive Engmeer and shall carry out such repairs as the [Collector )2, on consideration of the Executive." Engineer's report, may prescribe. ~f the permcinent holder or his re presentatives~in-intercst fails to ma~e _such, a _report or to comp ly with the [Colle~tor's]2 order wlt~m such time as the [Collec •tor J2 may specify, thc·grant rec~1ved from [the State Govern • ment }3 for that work :nay_ b? recove~ed fn?m _the permanent m holder or his reprcsentatrves-m-mtercst such mstalments and with such- interest as may have been agreed upon between the 1. Subs. by A.O. 1950, for ".Crown" 2. Sud. by M.P. A.O. 1956 for "Deputy Commissioner''. 3. Subs. by A.O. 1937, for "Gove.rnment" · 100 THE MAf>HYA PRADESH IRRIGATION ACT, 1931 I . . pjemanent holder and [the State Government]! at the time w en such grant was received by him. Any sum so due which . ·r e ains . unpaid after the date fixed for its repayment shall be re ve,rable as an arrear of land revenue. · ' Applications for acquisi '78. Any permanent holder who desires to construct a pri tions of land for g:rant vai· irrigation . wotk, towards the construction of which [the in-aid irrigation w orlcs. St te Government ]1 has sanctioned a grant or loan of money, an to acquire for such purpose the land of anothr may apply in . riting to [the State Government]! through the [Collector],2 sta ng- (a) that he has endeavoured unsuccessfully .to. acquire the land; and · (b) that he desires the [Collector]2, on his behalf and at his cost, to acquire the land for him under this Act. Demarcation of land 79.

(1) If the [Collector]2, after making suchinq{iiry as may required for grant-in-aid be rescnbed by rules under this Act, considers that the appli~a irrigation works and tio should be granted, he shall require the applicant to de estimate of cost. pos ·t, within such time as the [Collector]Z may specify, the esti ated cost of the demarcation of the land which in his opi ·on it will be necessary to occµpy for the construction of thel work, and, when such deposit has been made,_the [Collector]Z sh~ pr. oceed to demarcate such land and frame a preliminary esti ate of the cost of acquiring it qnder this Act. . . . 1(2) If su. ch deposit i~ n?t made . wi~hin_ the specified time the [Collector] 2 may d1sm1ss the apphcat1on. · • 1 I Power of State Goernmnt !80. The [C0Uector]2 shall report the result of his inquiry to direct acquisition of land to 1 the State ·Government which may; on receipt of such report, for grant-in-aid irrigation either_· refuse the applicatio.n or direct that the land demarcate.cl works. be \·acquired by the [Collector.]2 I Acquisition of land for· 181. If the State Government directs acquistion of the land, grant-in-aid irrigation. the [CollectorJ2 shall proc.eed to acquire .the· land under the 1 works. Laljl1 .d Acquisition Act, 1894 (1 of 1894) as if the State Govern meµt had directed the Col~ector to take order for the acquis tiorl. of •the land under section 7 of that Act. Applications for acquisition 2. -Any pennanent holder whe> desires to construct a pri l of land for private irriga vat irrigation work for which no garant or loan has been tion works. ' sanf tioned by [the State Government]1 and to acquire for sue purpose the land of another person may apply in writing to he State Government through the [Collector] 2, stating- . . (a) that he has endeavoured unsuccessfully to acquir land; (b) that he desires the [Collector]\ on his behalf and ·at his cost, ·t o acquire the land for him under ! this Act·; I. . 'bubs. by A. O. 1937, for ;,Government" 2. Subs. by M.P. A. 0. 1656, for "Deputy Commissioner". . I . . I THE MADHYA PRADESH IRRIGATION ACT, 1931 101 (c) that he is willing and in a position to deposit, when required, all costs nvolve:l in the acquisition of the land; and d) that he is in the position to meet the cost of coDstruc tic n of the work he de;ires to undertake. 83. ( 1) The [Collector] I shall, thereupon, fix a date Inquirry to be made (o f which the person to whom the land belongs shall receive by [ Collcctor]1 not less than a month's notice) for holding an inquiry and shall publish a notice of the application and the date fixed for the inquiry in the village or villages concerned. (2) At such inquiry the [Collector]I shall dctermine (a) whether the proposed improvement is of sufficient importance to justify action under this Act; (b) whether the most suitable situation or alignment for the proposed work necessitates the acquistion of the land; (c) whether the execution of the work is likely to cause damage to land belonging to other permanent holders, and whether any such land should be acquired; (d) whether the statements in the application mentioned in section 82 are true; and (e) generally, whether the application should be granted. 84 ( 1) If the [ Coll cc to:·]' considers that the application Demarcation of land should be granted he shall require the applicant to deposit, required for private within such time as the [Collector]! may specify, the estimated irrigation works and estimate of cost. cost of demarcation of the land which in his opinion it will be nr:cessary to occupy for the construction of the work, and, when such deposit has been made, the [Collector]' shall proceed to demarcate such land and frame a preliminary estimate of the cost of acquiring it under this Act. ( 2) If such deposit is not made within the specified time the [Collector]! may dismiss the application· 85. The [Collector]' shall report the result of his inquiry to Power of State Govern ment to direct acquisition the State Government which may, on receipt of such report, of land for private irriga ci ther refuse tl,e application or direct that the land demarcated tion works. be aquired by the [Collector. ]I -, Acquisition ofland for the 86. ( 1) If the State Government directs acquisition of the land, [Collector]' shall require the applicant to deposit, within private irrigation works. such time as the [Collector]' may specify, the cost of acquisition as estimated under section 82, and when such deposit has been made, shall proceed to acquire the land unda the Land Acqui sition Act 1894 ( 1 of 1894) as if the State Government had 1. Subs. by M. P.A. O. 1956, for "Deputy Commissioner". I 102 THE MADHYA PRADESH IRRIGATIONACT, 1931 directed the Colletor to take order for the acquisition of the land under section 7 of that Act. (2) If such deposit is not made within the specified time the [Collector]1 may, iflu thinko fit, take further proceedings. 110 Conditions of delivery 87. ( 1) If the final cost of acquisition is less than the am- ofoccupation to applicant ount deposited by the applicant under section 86, the balance shall be returned to him, but if it is greater, h,; shall be requir ed tb deposit the deficit within a time to be specified by the [Coliector] 1• If the applicant fails to do so, the [Collector J 1 shall quash all proceedings hitherto taken and return the am ount deposited under section 86 after deducting a tenth part thereof or the actual expenditure already incurred, whichever is greater. (2) When the final cost of acquisition does not exceed the amount deposited by the applicant under section 86, or when the deficit in the said amount has been duly deposited by the applicant under sub-section ( 1), he shall be placed in occupa tion ,o f the land acquired. ($) Thereafter the applicant and his representatives-in intercst shall construct and maintain, to the satisfaction of the [Collector ]1, all works which, in the opinion of the [Collector], are required for the passage of water or traffic across the aforesaid land of water-cour~cs existing previous to the constrc tion of the work for which such land was acquired, and of drainage intercepted by such work, and for affording proper communications across it for the convenience of the nighbour ing lands. Delegtaion of powers by 88. The State Government may delegate any of its powers State Government. under this Chapter to the Commissioner, in which case re ferences to the State Government shall be construed as re ferern::es to the Commissioner. Result of applicant's 8~. ( 1) If an applicant or his representative-in-interest fails failure to construct work '(a) to construct the work for the purpose for which the or comply with condi I land has been acquired under this Act, or tions. (b) to construct and maintain the necessary works in accordance with the conditions stated in sub-section (3) of section 87 to the satisfaction of the [Collector]!, within a time to be specified by the [Collector]! within such or further time as the [Collector]! may from time to time aUow, the person who owned the land at the date of acquisition or his repre~entatives-in-interest may, within one year of the expiry of the period mentioned above, claim in the court of the [CollectorJ I the return of the land on payment of the compensation paid to him after deduction therefrom of the amount paid under sub sectio:µ (2) of section 23 of the Land Acquisition Act, 1894 1 of 1894) and any other sum which may be aw::rded by the ( [Collector]! for depreciation in the value of the land subsequent to acquisition. l. Subs. by M.P. A.O. 1956, for "Deputy Commissioner", THE MADHYA PRADESH IRRIGATION ACT, 1931 103 (2) An order of the [Collector]1 for the return of the land shall operate to revest the land in the person to whom it belonged before the acquisition or in his representative-in-interest, as the case may be, subject to all the rights of other persons existing at the time of acquisition. [89-A. (1) Any permanent holder of irrigable or wet Acqui&itionof 1he right land desiring to have the right of supply of water through a private of supply through an water-course of another person passing through or by the side of exiting private water~ or within easy reach of such land may apply to the Collector. cou1se. (2) If the applicant undertakes to defray all costs involved in acquiring such right and to share the expenses made by the owner in the construction of the water-course, the Collector shall serve a notice on the owner to show cause why the right should not be granted. (3) If the owner of the water-course raises no objection, the 'Collector may declare the applicant to be the joint holder of the water-course on such conditions as to the payment of cost, compensation or otherwise as may appear to him equitable. 89-B. ( 1) Subject to rules made under the Act, a per- Constructiin of a manent holder of irrigable or wet land in a village or chak may private water-comse. construct on his land a private water-course. (2) Every permanent holder desiring to construct a private water-course shall, before undertaking the construction thereof, make an application in writing to the Executive Engineer clearly disclosing therein the details of the proposed water-course in cluding its alignment, the land which is sought to be irrigated and such other particulars as tnay be prescribed. (3) On receipt of the application, the Executive Engineer shall. after making or causing to be made such enquiry, as he dee~s fit, lay down the specification for the construction of the private ,,vatcr-coursc and ~ivc such other directions in relation thereto as he may consider necessary. (4 ) Every private water-course shall be constructed in ac cordance ,vith the specifications and directions given under sub section (3) • (5 ) No private wate~-c?urs_e shall be used for . the supply of water from a canal for irngat10n purposes unless 1t has been constructed in accordance with the specifications and directions given under sub-section (3). 89-C. (1) Any permanent holder or occupier in a wet or Occasional supply cf irrigable area may apply to the Executive Engineer for supply water through private of water from a canal. water-course. (2) If it appears expedient that such supply should be given and that it should be conveyed through an existing private water course, the Executive Engineer shall give notice to owner of 1 subs. by M. P. A. O. 1956, for " Deputy Commissioner." 104 THE MADHYA PRADESH IRRIGATION ACT, 1931 the water-course to show cause on a day not more tlian 14 davs from the date of such notice why the said supply should not be so conveyed. (3) On the day fixed, the Executive Engineer shall after he_aring the owne~ if present and making such enquiry, as he thinks fit, detenmne whether and on what conditions the said supply should be conveyed through the ·water-course. (4) Any person aggrieved by the decision of the Executive Engineer under sub-section (3), may, before the expiry of thirty days from such decision, prefer an appeal to the Superintending Engineer and su~ject to the result of such appeal, if any, the decision of the Executive Engineer shall be final. (5 ) Such applicant shall not be entitled to use the water course until he Jias paid the cost of any alteration of the water course required for making the supply available tl1rough it and such charges for use of the water-course as the Executive Engineer may determine. (6) The applicant shall also be liable to aintain the water-course so long as he uses it. 89-D. (1) Every permanent holder owning or using private Obligation of person water-course, shall- owning or using private water-course. (a ) construct and maintain to the satisfaction of the Executive Engineer all works which, in the opinion of the Executive Ergineer, are required for the passage of water or traffice across the aforesaid private water-course or of water-course existing previous to its construction and of drainage intercepted by such private water-course, and for affording proper communication across it for the convenience of the neighbouring lands ; (b) maintain the water-course in proper repair so long as 1t 1s lll an area under an agreement or in a com pulsorily assessed area; and (c) allow its use in the manner and to the extent pro vided by section 89-C. {2) If at any time the Executive Engineer considers in re spect of a water course referred to in sub-section ( 1) that the works mentioned in clause (a) of the sub-section have not been constructed or maintained or that the water-course is not in pro per tepair as requited by clause (b) thereof:- (a) he may, by a notice setved 'upon the persons liable under sub-section (1 ), require that the construction or repairs be made to his satisaction on or before a specified date; and (b) if the construction or repairs are not made to his satisfaction by such date, Ire may stop the supply of water to the water-course; or THE MADHYA PRADESH IRRIGATION ACT, 1911 105 (c) he may cause the construction and repairs to be made and may collect sum not exceeding twice the cost ;1 thereof from the permanent hcldersowning or usi,,gthe water-co'.lrse in proportion to the areas b eld by them in the Lind which is ordinary irrigated through the water-course. 89-E. Provi3ions of section 89-A, 89-B, 89-C and 89-D shall, Application of sections in the first imtanse, apply to the :l'vfadhya Bharat and the 89-A to 89-D. Vindhya Pradesh regions, and the State Goyernment may, from time to time, by notificatirm extend their application to such other areas as it may deem fit.]1 9o. (1) No claim for compensation shall lie against a[Jy Compensation for damage. permanent holder for any damage arising from- (a) the stoppage or diminution of the percolation or flow of water;or (b) the deterioration of climate or soil; or (c) the stoppage of navigation, or of the means of drifting timber or watering cattle: Provided that compensation shall be payable where, as a result of the construction of a private irrigation work,- (i) the rent or revenue of any land has been reduced, or (ii) the supply of water to or from a tank or other constrncted work has been diminished. (2) Claims under this section may be enforced by application made to the [Collector]2 within one year from the reduction of the rent of revenue or from the diminution of the supply. (3) Any person aggrieved by the decision of the [Collector]2 uncler sub-section(2)may, within six months from the date of such decision, institute a suit in a civil court to have such decision set Power to make rul cs. aside or modified. 91. In addition to any rules for which provision is made in this Chapter, rules may be made under this Act prescribing- (a) the conditions on which grants or loans of money may be made under section 76; (b) the manner in ·which Government may enforce the proper construction and maintenance of grant-in-aid irrigation works; ( c) the circumstances in which applications under section 78 or 80 may be granted; and ( d) the procedure in any mqmry or proceeding under this Chapter; [ (e ) the circumstances in which and the conditions subject to which applications under section 89-B may be made]! 1. Ins. by M. P. Act 23 of 1958, S 3 (3) part A, Sch., item 26. 2. Subs. by M. P. A. 0. 1956. for "Deputy O.nmnissioner" 106 THE MADHYA PRADESH IRRIGATION ACT, 1931 1[CHAPTER IX-A] REQUISITIONING OF TANKS, ETC. Commenc>~m~nt of Cha 91-A. This Chapter shall be deemed to have come into force on !he 27th February, 1948 and shall remain in operation for a p tt)r. period of [ten ycars]2 from that date. R<)quisit10,ting of ttrnks, 91-B. (1) vVhenever in appears to the State Government that etc. it is necessary so to do for the purpose of providing better facilities for irrigation of land in the proximity of any tank not being the property of the [Governmentl3, it may, by order published in the Gazette, requisition such tank and any canal or water-course or other construction connected therewith. Every such order shall contain sufficient particulars of the property to be requisitioned. (2) From the date of the publiction of the said order such property shall be at t.he disposal of the State Government. The State Government may thereafter use such property as a canal system from such date as may be notified. (3) The State Government may declare any part of land commanded by the tank comprised in the requisitioned properfy as a compulsorily assessed area in the manner provided in section 12-A and thereupon all provisioc~ of this Act applicable to compulsorily assessed area shall apply to all such lands Provided that no water-rate shall be payable by the owner of the tank in respect of any parcel of land of which he is a perma nent holder and which was being irrigated from the tank on the 27th February, 1948. Paymenr of compensation. 91-C. (1) Whenever pursuance of sub-section (1) of secti?n 91-B any property is requisitioned, there shall be p~1d compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say- (a) where the amount of compensation can be fixe cl by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the State Government shall appoint as arbitrator the _DistrictJud_ge or the Additional District Judgeor any Civ1lJudge havmg jurisdiction over the area in which the rcquisit'oned properly is situate; (c) no compensation shall be payable to any person, other than a person who, in the opinion of the State Govern - ment or the arbitrator, owns or has an interest in the tank requisitioned; (d) during the period the tank remains under requisition, the amount of compensation payble annually to the ----- 1. Ins. by C. P. and Berar Act 19 of 1948. S. 2. 2. Subs. by M. P. Ad 1 of 1953,S. 2. for ··five years" 3. Subs. by A. 0, 1950 for "Crown". THE MADHYA PRADESH IRRIGATION ACT, 1931 107 person owning or having an interest in such tap.k shall not exceed the average annual income of such person during the three years immediately preceding the requisition calculated after deducting the expendi ture incurred on the maintenance of such tank from- (i) irrigation dues; (ii) use of the tank for growing Singhara, fishing or any other purpose of like nature whether by the person aforesaid himself or his lessee; (iii) sale of grass from the embankment of the tank. (2) The decision of the arbitrator in an arbitration pro ceeding under this section shall be final and conclusive and save as provided in this section nothing in any law for the time being in force shall apply to an arbitration under this section . (3) The payment of compensation under this section to the person, who, in the opinion of the State Government or the arbitrator as the case may be, owns or has an interest in the tank requisitioned shall be a full discharge of the State Government from all liability in respect of such compensation, but shall not prejudice any rights in respect of the said tank to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid as aforesaid. 91-D. (1) There shall be prepared a list of all land command Preparation of list of ed by a tank requisitioned under sub-section (1) of Section 91-'B all land commanded by as soon after its requisition as possible. a tank. (2) Every such list shall show the n;,me of the occupier of each parcel of land an whether water .. as being given to him for the irrigation of his land from the requisitioned tank and the water-rate paid by him, if any, to the owner of the tank. (3) Every such list shall be published in the manner laid down by rules made under this Chapter and thereupon such list shall be conclusive record of the facts stated therein. 91-E. (1) Where any requisitioned property is to be released Release from requisition. from the requisition, the State Government may, after making such inquiry, if any, as may be considered necessary, specify by order in writing the person to whom possession of the property shall be given. (2) The delivery of possession of the property as aforesaid to the person specified in an order made under sub-section (1) shall be a full discharge of the State Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the property to which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is so delivered. (3) Where the person to whom possession of any requisitioned property is to be given cannot be found and has no agent or 108 THE MADHYA PRADESH IRRIGATION ACT, 1931 other person empowered to accept delivery on his behalf, th c State Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the property and publish the notice in the Gazette. "' . (4) vVhen a notice referred to in sub-section (3) is published m the Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publi cation and be deemed to have been delivered to the person entttle to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of the: property for any period after the said date. Power to acquire requisit 91-F. (1) Subject to the provisions of sub-section (3) the State Government may at any time when any requisitioned property ioned property. continues to be subject to requistion under sub- section (1) of s.ection 91-B acquire such property by publishing in the Ga zette a notice to the effect that the Government has decided to acquire such property in pursuance of this section. (2) When a notice as aforesaid is published in the Gazette the requisitioned property shall on and from the beginning of the day on which the notice is so published vest absolutetely in the State Government free from all encumbrances and the period of requisition of such property shall end. (3) No rcquisioned property shall be acquired under this section except in the following circumstances, namely:- (a) where any canals, water-coures or other works connec ted with such tank have during the period of requsi tion been constructed wholly or partly at the expenses of the State Government and the State Government decides that the value of, or the right to use, such canals, water~courscs or works should be preserved or secured for the purpose, of the State Government or the owner declines to reimburse the State Govern ment the expenditure incurred on the construction of such canals, water-courses or works or any improve ment made to the tank; or (~) where the cost of restoring the property to its condition at the time of its requistion would, in the determination of the State Government, be elkcessive, having regard to the value of the property at that time, and the owner declines to accept the release from requisition of the property without payment of further compensation from the State Government. (4) Any decision or determination of the State Government under sub-section (3) shall be final, and shall not be called m quest,ion in anv Court £._ __~ ..,_'' J (5) In respect of any acquisition of requisitioned prop;~1:'y;"" the amount of compensation payable shall be ten times the amount of compensation fixed under section 91-C or a sum equal to ~he market value of the requisitioned property on the date of notice under sub-section (1) whichever is less; and such amount sha~l be determined and paid in accordance with the provisions co:1ta1ned in clause (a) or clause (b) of sub-section (1) and sub-sect10n (2) of section 91-C. THE MADHYA PRADESH IRRIGATION ACT, 1931 109 (6) The payment of compensation under this section to the person who in the opinion of the State Government or the arbitra tor as the case may be, owns or has an interest in the tank acquired shall be a full discharge of the State Government from all liability in respect of such compensation, but shall not prejudice any rights in respect of the said tank to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid as aforesaid. Explanation.-For the purposes of clause (a) of sub-section (3) ",vorl,{s" includes any building, construction, improvements of every description and planting of any mechanical contrivance designed to lift water from a tank. 91- G. o claim for compensation payable under this Act, Limitation for claims shall lie against the [Govcrnment]1 if it is not preferred within a against the Government period of two years from the date on which a t auk is requisitioned or acquired. 91-H. (1). If any difficulty arises i.n giving effect to the provi- Power to remove difficulty. sions of this Chapter the State Government may by an order published in the Gazette amend any provision of this Act other than that contained in this Chapter for the purpose of removing the difficulty. ' (2) Any amendment made by an otdcr published under sub section (1) shall have effect as if en.acted in this Act. 91-1. (1) TJ1e State Government may by notification make Rules. such rules as appear to it to be necessary or expedient for carrying out the provisions of this Chapter. (2) In particular and without prejudice to the generality of the forgoing power such rules may provide for the following matters, namely :- (i) the procedure to be followed in arbitrations under section 91-C; (ii) the principles to be followed in apportioning the cost of proceeding before the arbittator. 91-J. The State Government may by notification delegate all Delegation of power. or any of its powers under this Chapter, except the powers specified in sections 91-H and 91-I to any authority which it thinks fit. 91-K. For the purpos~s of this Chapter- (i) the definition of canal in sectioa 3 shall be Interpretation. construed as if for the words ·'by the: State Government" occurring in clause (a) of that section, the words "whether by the State Gove- rnment or any other person" had been substitu• ted therein; (ii) the expression "requisitioned property" means "property requisitioned under sub-section · (1) of section 91-B". 1. Sub. by A. 0. 1950, for "Crown." 110 THE MADHYA PRADESH IRRIGATION ACT, 1931 [CHAPTER IX-B ***]1 CHAPTER X RULES, OF'FENCES AND REPEALS General provisions :92. ( 1) All rules for which provision is made in this Act regarding rules. sha;II be made by the State Government and shall be consistent with this Act. (2) A rule may be general for all canal systems or for all canal systems not expressly exempted from its operation or may be special for the whole or any part of one or more canai systems, as the State Government may direct. (3) Except the rules provided for in sections 21 and 22 [and Chapter VIII-AJ2 all rules shall be subject to the condition of previous publication. [i( 4) * * * * ]" [(5) In making any rule the State Government may direct that : a ·b reach thereof shall be punishable with fine which may extend to two hundred and fifty rupees, and where the breach is continuing one, w;th further fine which may extend to ten rupees for every day after the first dur;ng which the breach has been persisted in.]" . .((6) The power to !11ake rules co;11ferred by this section shall mclude the power to give retrospective effect to the rules or to any one of them. (7) All rules made under this Act shall be laid on the table of the Legislative Asembly.] 5 Power to make ~ules. 93. In addition to any power specially conferred by this Act, the State Government may make rules- (a) prescribing the mam1er in which irrigation panchayats shall be constituted and dissolved, conferring on them further powers and allotting to them further duties, regulating their procedure, and providing for their remuneration; [(a-1) regulating the control and distribution of irrigation beyond the outlet,prescribing the authority controlling and distributing such irrigation and providing for all matters connected with such control and distribu tion including the levy and recovery of charges for the purpose of remunerating such authority;]6; (b) prescribing the rates at which dietmoney shall be paid to persons required to attend an inquiry under this Act; and (c ) generally, for the purpose of carrying into effect the provisions of this Act. I. Omitted by M. P. A. 0. 1956 2- Jns. by M. P. Act 23 of 1960, S. 6. 3. Omitted by M. P. Act 56 of 1976. S 2 (a). 4. Subs. by M. P. Act 43 of 1973, S. 10. 5. fns. by M. P. Act 56 of 1976, S. 2 (b) 6. Ins. by C. P. and Berar Act 55 of 1948, S. 8. THE MADHYA PRADESH IRRIGATION ACT, 1931 111 [94. Whoever, without proper authority, does any of the Offences and penaltie.s. following acts, that is to say- (a) damages, alters, enlarges or obstructs any canal; (b) interferes with, increases, or diminishes the supply of water in, or the flow of water from through, over or under, any canal; (c) interferes with or alters the flow of water in any river or stream, so as to endanger damage or render less useful any canal; (d) being responsible for the maintenance of a water course, or using water-course, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom or uses such water in an unauthorised manner; (e) rece1v1ng water in his fields for irrigations, neglects to take proper precautions for the prevention of waste of such water; (f) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used; (g) being a permanent holder, occupier, cultivator or agricultural labourer, resident in a village in which a proclamation under section 36 has been made, neglects to attend at the place appointed or refuses or neglects to carry out the duties allotted to him; ( h) destroys, injures, defaces or removes any land-mark, level-mark, water-guage or other apparatus fixed by the authority of a canal officer; (i) causes animals or vehicles to pass on or across any of the works, banks or channels or any canal after such passage has been prohibited by a canal officer; (j) causes or knowingly and wilfully permits animals to graze or be tethered upon the bank or border of any canal after such grazing or tethering has been prohibited by a canal officer; (k) removes or injures any tree, bush, grass or other vegetation growin on any canal; or 0 ( l) cases himself on the banks or in the channel of a canal; shall on complaint made by a canal officer- (i) be punishable in respect of offences mentioned in clauses (a) to (h)), with imprisonment which may extend to six months or with fine which may ll2 THE MADHYA PRADESH IRRIGATION AC1\ 1931 - extend to one thousand rupees or with both, and ,.vhen the offence is a continuing one, with an addi tional fine not exceeding twenty rupees for every day after the first during which the offence has been persisted in; and (i i) be punishable in respect of offences mentioned in-. clauses (i) to (!) with fine which may extend to one hundred rupees and if the same person is sub sequently convicted for a like offence he shall be liable for imprisonment which may extend to one month for each such subsequent con viction.] I Compensation to private 95. Whenever any magistrate imposes a fine upon any pers persons on for an offence under this Act, he may direct that the whole or any part of such fine shall be paid by way of compen. sa tion to any person injured by such offence. Power to order repairs 16. vVhen any person is convicted of an offence under sec to be done. tion 94, o, of the offence of mischief under the Indian Penal Code in r{ilation to any canal, the court may order him to remove the obstruction or repair the damage or replace or repair the land mark, livel-mark water-gauge or apparatus, in respect ofwhich the offence was committed, within a period to be fixed in such order; and, if such persoi1 neglects or refuses to obey such order within the period so fixed, the Executive Engineer may cal'ty out the work in accordance with such order, and the cost thereof shall be recoverable from such person by the [Collector] 2 as arrears of land-revenue. Power to remove person 9:7. · Any canal officer or canal subordinate may remove or cause to be removed from any Canal any person who in his causing mischief. yiew, commits or is about to commit any of the offences mentioned in clause (a), (b), (c), (h) or (!) of section 94. Power to arrest person 98. (1) Any canal officer or ca~i.al subordinate may take into causing mischief. custody without warrant any person who in his view commits any of the offences mentioned in clause (a), (b), or (c) of section 94, and shall forthwith release him on bail, or, if he fails to furnish bail, take him, or cause him to be taken, to the nearest magistrate having jurisdiction to try the offence: Provided that if there be no such magistrate within a distance of five miles, the canal officer or canal subordinate making the arrest shall take the offender, or cause him to be tak~n, to the nearest police station, and the officer-in-charge of such police station may cause him to be taken before the nearest mag;strate having jurisdication to try the offence, or m:i,y take sufficient security for his appearance before such magistrate. (2) The custody of any person to whom an offender may be madei over under sub-section (1) shall be deemed to be lawful cl!stody. I; Subs. by M. P. Act42 of 1973, S. 11 2. Subs. by M. P. A. 0. 1956, for "Deputy Commissioner" THE MADHYA PRADESH IRRIGATION ACT, 1931 ll3 99. [ (1) Any canal officer may accept from any person, Composition of offences against whom ~ reasonable sus~icion exists that he has committed an offence pumshable under this act or the rules made thereunder a sum of money not exceeding two hundred and fifty rupees, for composition of such offence.]1 (2) On payment of such sum of money, the suspected person, if in custody, shall be discharged, anJ. no further proceedings shall be taken against him in regard to the offence so com pounded. (3) Rules may be made under this Act regulating the proce dure of canal officers in compounding offences. 100. (1) The Northern India Canal and Drainage Act, 1873 Repeals and savings. (8of 1873) is hereby repealed in its application to the[Madhya Pradesh.]2 (2) The Central Provinces Canal Management Act, 1919 (1 of 1919) and the Central Provinces Canal Management (Amendment) Act, 1923 (4 of 1923) are hereby repealed. (3) But charges created, powers vested, rules, orders, appointments, agreements and contracts made, and suits instituted and proceedings taken under any of the said Acts shall, as far as may be, be deemed to have been respectively duly created, vested, made, instituted and taken under this Act. 1. Subs, by M. P. Act 42 of 1973, S. 12 2. Subs, by A- 0. 1950, for "Central Provinces and Berar". ·-f~ T:if"R i:fi .3RPfu sfq, ~~ cm ·~YRfR 1/JfZ'.fi ~ ~ sfq, "®i:lh-P1~1~10912010-2012.·· ~) m %TI ~ 31--,irn. ~ -m. 2-1.2-ffimlll?fTf-iR:/38 fu. ~ .. foi.tdl{. fc:1i<Ti 30--5-2001.'~ , ( 3-lfil~t~Ol ) Yl~chl~ ~ Ychtn>10 ·-=============================== ---·- '.;fitW-f,. 1 3 J ~- ~, fu.":l'fcf, 1s ~ 2013--.:i'M 2s. 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' . , . , .'% _... : ,. f _ ~ .A . .ib":'~:Tms~J1~·:: - - r~:.:·f.p·-~~~ rt:; . ~ ~ - . ~ f · ~ ... ~ ; ' .:~~,;r1~~~!-f~J~itff .. . ~ . ; • 1 .. .r . n --~ rY . t;i·f.~rtFrJ. . ±·;4:;r F';·••:;:· 1F::; r..~::?· ::f·rs=-;~. . "· mih-1•1G m, ~ 1s \iRCm 2013 26 ( 1) CHHATIISGARH ACT (No. 2 of 2013) CliHATTISGARH I.IJRIGATION (AMENDMENT) ACT, 2012 An Act further to amend the Chhattisgarh Irrigation Act, 1931 (No. III of 1931). Be it enacted hy the Chhattisgarh Legislature in the Sixty-th_ird Year of the Re-public of India. as follows :- I. (I) This Act may he called the Chhauisgarh Irrigation (Amendment) Act, 2012. Short tillc. i,xtcnt and conuncnn· mcnl. (2) It extends to the whole State of Chhattisgarh. (3) II shall he deemed to have come into force from I st November. 2000. 2. Chapter VI-A of the Chhattisgarh Irrigation Act, 1931 (No. III of 1931 ). relating to Omission or Chapkr ''Betterment Contribution". shall he omitted. VI-A . ... . , .· ( \ \\ ,_