Keyword(s):
Beneficiary, Betterment Contribution, Block Development Officer, Canal Revenue, Canal, Water Course, Drainage Work, Embankment, Reclaimed Land, Village Channel, Well, Irrigation

An Act to provide for and consolidate the law relating to Irrigation Embankment, Drainage,
Levy & Assessment of Water rates, better contribution and matters related therewith.
Be it enacted by the Legislature of the State of Bihar in the Forty-eighth year of the Republic
of India as follows:
CHAPTER – I: PRELIMINARY
1 Short tile, extent and commencement .- This Act may be called the Bihar Irrigation Act
1997.
(2). It extends to the whole of the State of Bihar.
(3). It shall come into force at once.

  1. Definitions
    In this Act unless there is anything repugnant in the subject or context.
    a. “Assured irrigable Command” means an area declared to be an assured
    irrigable command area under section 50:
    b. “Beneficiary ” means
    i. In relation to any irrigation channel, a person whose land is irrigated or is capable of being
    irrigated by any irrigation work of the State Government;
    ii. In relation to any flood embankment work, a person whose land is
    protected or is likely to be protected by such embankment;
    iii. In relation to any drainage work a person whose land is benefited or is likely to be
    benefited from such drainage work;
    c. “Betterment Contribution” means contribution levied under chapter XII of this Act;
    d. “Betterment levy officer” means such officer as the State Government may appoint to be
    the betterment levy officer in respect of any area of an irrigation work, or portion of an
    irrigation work:
    e. “Block” means an area defined as such under section 2 of the Bihar Panchayat Raj Act,
    1993 (Bihar Act 19 of 1993);
    f. “Block Development Officer” means an officer appointed as such under section 2 of the
    Bihar Panchayat Raj Act, 1993 (Bihar Act 19 of 1993);
    g. “Canal Revenue” means and includes water rate, betterment contribution, water cess,
    license fee for fishing and navigation, sale of grass, trees and other produce from the land
    belonging to irrigation work, proceeds from lease of land belonging to irrigation work, and
    from water mills;
    h. “Collector” means the head revenue officer of a district and includes a deputy
    Commissioner or other officer appointed by the State Government to exercise all or any of
    the powers of a Collector;
    i. “Culturable commanded area” means all lands which are fit for cultivation under irrigable
    command of an irrigation work;
    j. “Canal” means and includes:
    i. “Main Canal”. which takes off from an irrigation work and normally does not irrigate the
    fields directly;
    ii. “Branch Canal” which branches off from main canal and feeds the
    distributaries, like main canal the branch canal may not irrigate the
    field directly;
    iii. “Distributary /Sub-distributary” which takes off directly from main canal or branch canals or
    a larger distributary to distribute water to minors and water courses;
    iv. “Minor” Which takes off from a distributary or sub-distributary to
    distribute water to other minor water courses and / or field channels,
    capacities of the minors may be different in different projects/schemes;
    v. “Water course” which takes off from a distributary or a minor to
    distribute water to the field channels. Its capacity may be different in
    different projects /schemes;
    vi. “Outlet” which is an opening constructed in an irrigation work through which water is
    delivered to a field channel or directly to the fields;
    k. “Drainage work” means and includes.
    i. Channels either natural or artificial for the discharge of waste or surplus water and all
    works connected with or auxiliary to such channel ;
    ii. Escape channel from an irrigation work, dams, weirs, embankments, flood embankments,
    sluices, groynes and other works connected therewith, but does not include works for the
    removal of sewage;
    iii. Any work in connection with a system of reclamation made or
    improved by State Government for the purpose of drainage of an area;.
    iv. All field drains, i.e., drains, except channels and other similar works constructed and
    maintained by the owners or occupiers or by the State Govt. on behalf and at the cost of the
    owners or occupiers.
    L. “Embankment” means and includes every bank, dam, wall and dyke made or used for
    excluding water from or for retaining water upon any land; every sluice, spur, groyne, training
    wall or other work annexed to, or portion of any such embankment; every bank, dam, dyke,
    wall groyne or spur made or erected for the protection of any such embankment or of any
    land from erosion or over flow by or of river, tides, waves or waters; and also all buildings
    and roads, intended for purpose of inspection and supervision and Public Embankment
    maintained by the State Government
    m.
    i. “Engineer” means an engineer in-charge of irrigation works in the area or any engineer
    specially appointed by the State Government to
    perform the function of an engineer under this Act;
    ii. “Chief Engineer” means the Chief Engineer of the Water Resources Department of the
    State Government, and includes any person appointed by the State Government, by
    notification to be Chief Engineer for the purposes of this Act either generally or in respect of
    any proposed work or sanctioned work specified in such notification who shall be responsible
    and answerable for the proper and efficient working of the branch of irrigation works under
    him and work as professional advisor to Government in all matters relating to his branch.
    iii. “Superintending Engineer” means an officer appointed by the State Government to be
    Superintending Engineer in charge of a Circle, an administrative unit of Water Resources
    Department who shall be responsible to the Chief Engineer for the administration and
    general professional control of irrigation works and officers of the department within his circle
    and includes any person appointed by the State Government, by notification to be
    Superintending Engineer for the purposes of this Act either generally or in respect of any
    proposed work or sanctioned work specified in such notification.
    iv. “Executive Engineer” means an officer appointed by the State
    Government to be Executive Engineer in charge of a division, an
    executive unit of Water Resources Department who shall be
    responsible to Superintending Engineer for execution and management of all works in his
    division and includes any person appointed by the State Government by notification to be
    Executive Engineer for the purpose of this Act either generally or in respect of any proposed
    or sanctioned work specified in such notification.
    v. “Divisional Canal Officer” means an Executive Engineer exercising control over a Division
    of an irrigation work, or a portion of an irrigation work and includes any person appointed by
    the State
    Government by notification to be Divisional Canal Officer for the
    purpose of this Act either generally or in respect of any proposed work or sanctioned work
    specified in such notification.
    vi. “Canal Officer” means an officer exercising control over a subdivision of an irrigation work
    or portion of an irrigation work and
    includes an officer to whom any of the function of a Canal Officer
    under this Act have been assigned by the State Government
    n “Improved Land” means the land fit for cultivation before the execution of any works under
    this Act but of which the productive powers have been increased by such works.
    o “Irrigation Work” means and includes
    i. All reservoirs, tanks, dams, barrages, weirs, canals, channels, domestic water supply
    works, pipes, ponds, springs-ponds, spring channels, aqueducts, sluices, lift irrigation
    through pumping installations, constructed, maintained or controlled by the State
    Government for the supply or storage of water;
    ii. All works, embankments, structures, control structures including
    outlets, supply and escape channels, connected with such reservoirs,
    tanks, dams, barrages, weirs, canals, channels, domestic water supply works, pipes, ponds,
    spring ponds, spring channels, aqueducts, sluices, pumping installations and roads
    constructed for facilitating the construction or maintenance and operation of such works;
    iii. All drainage works, flood embankments, wells and village channels;
    iv. Any part of a river, stream, lake or natural collection of water or
    natural drainage and ground water to which the State Government has applied the provisions
    of this Act, and
    v. All lands held by the State Government for the purpose of such
    reservoirs, tanks, dams, barrages, weirs, canals, channels, domestic
    water supply works, pipes, ponds, spring ponds, spring channels,
    aqueducts, sluices, pumping installations and all buildings, machinery, fences, gates and
    other erections upon such lands;
    p “Land” means and includes interest in land, benefit arising out of land and things attached
    to the earth or permanently fastened to anything attached to the earth;
    q “Lands under Irrigable Command” means such lands as are irrigated or capable of being
    irrigated by flow or lift from an irrigation work being under its command and shall include also
    such cultivated land which received in the opinion of the Executive Engineer, by seepage or
    otherwise from an irrigation work or by indirect flow, percolation or drainage from or through
    adjoining land, an advantage beneficial to the crop;
    r “Lift Irrigation” means irrigation by lifting water by means of a pump operated otherwise
    than by human or animal power
    s “Line of Navigation” means canal navigation;.
    t “Notification” means a notification published in the Official Gazette;
    u “Occupier” means and includes an occupier of land who cultivates or possesses the same
    for the time being;
    v “On -Farm Development” means and includes any of the following works:-
    i. Land-levelling and land shaping including realignment of field
    boundaries;
    ii. Providing of falls, culverts, other necessary structures and farm roads in the fields;
    iii. Land reclamation by use of engineering, biological and chemical
    measures, including leaching;
    iv. Contour bunding and nala bunding;
    v. Such other works as may be necessary or incidental to development of land or ground or
    flow water potential and for optimising the utilization of land and water resources;
    w. “Owner” means and includes every person having interest in the ownership of land or
    property and the rights and obligations attached to an owner under the provisions of this Act
    shall attach, jointly and severally to every person having such joint interest in the ownership;
    x. “Prescribed” means prescribed by rules made under this Act;
    y. “Probable Irrigable Command Area” means an area declared to be a probable irrigable
    command area under this Act;
    z. “Reclaimed Land” means land which was unfit for cultivation before the execution of any
    work under this Act, but which has been rendered productive by such work;
    aa. “Vessel” includes any ship, barge, boat, raft, timber, bamboos, or
    ab. floating materials propelled in any manner;
    i “Village Channel” means a channel or a field channel by which water is led from canal into
    fields to be irrigated and includes all subsidiary works connected with any such channels
    except the head sluice through which water is supplied from a canal to such channel,
    constructed by owners or occupiers or beneficiaries or State Government on their behalf and
    at their cost and maintained by such
    owners or occupiers or beneficiaries or by the State Government at
    their cost and on their behalf; Government distributaries, sub distributaries, minors and water
    courses will also be treated as village channels if these are turned over to the beneficiaries
    or their
    representatives or Water Users Associations formed by the
    beneficiaries to be maintained and operated by them at their cost, either fully or with part
    Government grants and will be governed by
    provisions of Chapter X of this Act;
    ii. “Field Channel” is a channel constructed from an outlet to or into the irrigation chuk and
    includes all subsidiary works except the outlet through which water is supplied from an
    irrigation work;
    iii. “Farm channel” is a temporary or permanent channel constructed by the farmers in their
    fields for taking water from field channels for irrigation;
    ac. “Water Users’ Association” means the Water Users’ Association formed by the
    beneficiaries of a canals or part there of for maintenance and operation of canal and
    utilisation of canal water and registered under the Societies Registration Act 1860 (Act 21,
    1860);
    ad. “Well” means a well sunk for search or extraction of ground water and includes an open
    well, dug well, bored well, dug cum bored well, tubewell and filter point.
    CHAPTER – II :RIGHTS
  2. Rights of the State Government in Water
    a. All rights in the water of any river, natural stream or natural drainage channel, natural lake
    or other natural collection of water shall vest in the State Government subject to the
    provisions of Article 262 and Entry 56 of list of seventh schedule of Constitution of India.
    b. When the State Government proposes to construct a canal it shall publish a notification
    declaring its intention and indicating the site of head work.
    c. No rights shall be acquired against the Government under the provisions of the Indian
    Easements Act 1882 (No.5 of 1882) in the water of any river, natural stream or natural
    drainage channel, lake or other natural collection of water, which supply water to a canal
    existing or under construction at the commencement of this Act or any of whose water will
    supply the canal when constructed.
  3. Irrigation work to vest in Government
    Every irrigation work and all land, earth, pathways, gates, beams and hedges belonging to,
    or forming part of or standing on any such irrigation work and every embarked tow path
    along the embankment maintained by the State Government shall vest in the State
    Government.
  4. Survey of lands used for obtaining earth for repairs
    a. All plots or parcels of land which, before the commencement of this Act, have been used
    for the purpose of obtaining earth or other materials for the repair of any irrigation work,
    natural channel and reservoir, embanked tow path or which by agreement have been
    substituted for such lands, shall be deemed to be at the disposal of the State Government for
    such purpose without payment of compensation for the use or removal of such earth or other
    materials.
    b. The collector may cause all such plots or parcels of land to be ascertained, surveyed and
    demarcated.
    CHAPTER – III : POWERS OF OFFICERS
  5. Entry for enquiry
    Whenever it becomes necessary to make any enquiry or examination in connection with a
    projected irrigation work or its construction or with the maintenance of an existing irrigation
    work or with the application or use of the water of any irrigation work for the purpose of
    regulation, supply or storage of water, any Canal Officer duly
    empowered in this behalf
    a. may enter upon such land and structure or anything attached to land as he may think
    necessary for the purpose;
    b. undertake survey or take levels thereon;
    c. dig and bore into the sub-soil;
    d. where otherwise such enquiry cannot be completed, cut down and clear away any part of
    any standing crop, fence or jungle;
    e. exercise all powers and do all things in respect of such land as he might exercise and do
    of the State Government had issued a notification under the provisions of section 4, of the
    land acquisition Act, 1894 to the effect that land in that locality is likely to be needed for a
    public purpose, and
    f. set up and maintain gauge discharge or silt measurement stations and do all other things
    necessary for purposes of such inquiry and examination .
  6. Power to inspect and regulate the water supply
    Any Canal Officer or any person acting under his general or special orders in this behalf may
    enter upon any land, building, village channel on account of which any water rate is
    chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of
    measuring the lands irrigated thereby or chargeable with a canal
    revenue and of doing all things necessary for the proper regulation and management of the
    irrigation work from which such water is supplied.
  7. Notice to occupier of building
    When such Canal Officer or such person proposes to enter into any building or enclosed
    court or garden attached to a dwelling house not supplied with water flowing from any canal,
    and not being adjacent to a flood embankment, he shall previously give to the occupier of
    such building, court or garden such reasonable notice as the
    urgency of the case may allow.
  8. Power to make repairs
    The Engineer may make repairs and may do all acts necessary and proper for the
    maintenance of, any irrigation work or any other work executed or taken charge of under the
    provisions of this Act.
  9. Power to make temporary roadway, water channel or dam
  10. Whenever any person desires that a temporary roadway should be made over an irrigation
    work or that a temporary water channel should be made through any public embankment, or
    that a temporary dam should be constructed in any embanked river or public water-channel,
    he shall apply to the Executive Engineer in-charge.
  11. Such Engineer shall transmit the application with his opinion to the Superintending
    Engineer, and shall await his order in respect thereof, unless he thinks that there is special
    reason for the immediate execution of the work, in which case he may execute the same
    without awaiting for the orders of the Superintending Engineer.
  12. If the proposed work is to be executed by an officer of the Government, the applicant,
    before the Commencement of the work, shall deposit the amount estimated by the Executive
    Engineer to be necessary to defray the expenses of, and incidental to making and removing
    such roadway, or of and incidental to making, closing,
    removing such water channel or dam.
  13. If the amount deposited is found afterwards to exceed the amount required, such excess
    amount shall be returned to the said applicant and likewise if the actual expenditure is more
    than the amount deposited, the balance amount shall be recovered from the said applicant.
  14. Power to take earth from lands
    Whenever it is requisite to repair any irrigation work, embankment or water-channel or
    embanked tow-path maintained by the State Government, it shall be lawful for the Executive
    Engineer, or any person authorised in that behalf, to enter in and upon any land and take
    possession of, appropriate and remove any earth or other material there from, and use the
    same for the purposes of such repairs.
    CHAPTER – IV: IRRIGATION
  15. Notification when water to be supplied for public purposes
  16. Whenever it appears expedient to the State Government that the water of any river
    (including its tributaries) or stream flowing in a natural channel or of any lake or any other
    natural collection of still water or ground water or water flowing in a channel where such
    water or part thereof, is received from any irrigation work constructed by the State
    Government, whether by percolation, regeneration, release, or otherwise should be applied
    or used by the State Government for the purpose of any existing or projected irrigation work,
    or for the regulation, supply of storage of water, the State Government may by notification
    declare that the said water will be so applied or used after a day to be named in the said
    notification, not being earlier than three months from the date thereof.
  17. As soon as practicable after the issue of a notification under sub-section (1), the Divisional
    Canal Officer or any officer duly empowered under this Act shall cause public notice to be
    given at convenient places, stating that the State Government intends to apply or use the
    water referred to in that sub-section.
  18. The application or use of the said water or the application or use of water of any irrigation
    work under the management or control of the State Government shall be regulated according
    to the provisions of this Act.
  19. Where the State Government is of the opinion that in the interest of proper irrigation from
    any irrigation work constructed or proposed to be constructed it is necessary to control the
    construction of wells for any purpose other than exclusively domestic use, either on personal
    or community basis, in any area or areas the State
    Government may by notification specify such area or areas, and there upon no person shall
    within such area or areas construct any such well except with previous sanction of the State
    Government or other authority authorised by the State Government in this behalf, and
    subject to such conditions as the State Government or such authority may impose.
  20. Where the State Government is of the opinion that in the interest of proper irrigation from
    any irrigation work constructed or proposed to be constructed it is necessary to regulate the
    operation of the existing wells for any purpose other than exclusively domestic use, either on
    personal or community basis, in any area or areas, the State Government may by notification
    specify such area or areas and impose such conditions as it many deem fit with regard to
    extraction of water there from. There upon no person shall within such area or areas extract
    water from such well except according to conditions which the State Government may
    impose.
  21. When the State Government is of the opinion that in the interest of proper irrigation, a
    block of land under any existing or proposed irrigation work is to be transferred to another
    proposed or existing work or completely excluded from any existing work, the State
    Government may by notification specify such area and such
    works to take effect from a date specified in the notification, not being earlier than six months
    from the date thereof.
  22. When the State Government is of the opinion that in the interest of proper utilisation of
    available water resources, it is necessary to subject a block of land for temporary
    submersion without damage to crop, the State Government may by notification specify such
    areas and period of such submersion on a date specified in the notification, not being earlier
    than six months from the date thereof.
    CHAPTER V : DRAINAGE AND PREVENTION OF WATER LOGGING
  23. Prohibition of obstructions
  24. Whenever it appears to the State Government that injury to the public health or public
    convenience or to any irrigation work or to any land for which irrigation from a canal is
    available, has arisen or may arise from the encroachment of any river, stream or naturaldrainage course, the State Government may, by notification published in the official Gazette
    prohibit, within limits to be specified in such notification, the formation of any such
    encroachment, or may order the removal or other modification
    of such encroachment.
  25. Thereupon so much of the said river, streams or natural drainage channel as is comprised
    within such limits shall be held to be a drainage work.
  26. Order to remove obstructions
    The canal officer or other person authorised by the State Government in that behalf may,
    after such notification, issue an order to the person causing or having control over any such
    obstruction to remove or modify the same within a time to be fixed in the order.
  27. Removal of encroachment
    If, within the time so fixed, such person doesn’t comply with the order, the canal officer may
    cause the encroachment to be removed or modified; the expenses involved in such removal
    or modification, shall be recovered from person concerned;
    Provided that the Divisional Canal Officer may, in cases of emergency, remove the
    encroachment before the publication of notification and the expenses incurred shall be
    recoverable from the person concerned.
  28. Notification for construction of drainage work
  29. Whenever it appears to the State Government that any drainage work excluding field
    drainage is necessary in the interest of public health , or for improvement of any lands, or for
    proper cultivation or irritation thereof or that protection from floods or other accumulation of
    water or injurious salt or from erosion by a river, is required for
    any lands, the state Government may by notification declare that the drainage work shall be
    constructed after a day to be mentioned in the said notification, not being earlier than three
    months from the date thereof.
  30. As soon as practicable after the issue of a notification under sub section (i) the Divisional
    Canal Officer or any Officer duly empowered under this Act shall cause public notice to be
    given at convenient places, stating that the State Government intends to construct the
    drainage work excluding field drain.
  31. Execution of drainage schemes
    After the day mentioned in the notification under section 16, the State Government may
    cause a scheme for such works to be drawn up and carried into execution, and the Divisional
    Canal Officer or any officer authorised by the State Government to draw up and execute
    such scheme may exercise in connection therewith all or any of the powers conferred on
    canal officers and shall be liable to any or all of the obligations imposed upon canal officers.
    CHAPTER – VI : EMBANKMENT WORKS
  32. Execution of embankment work
  33. Whenever it appears to the concerned Divisional Officer (E.E) of the department that any
    of the following acts should be done, or works executed, that is to say;
    a. that any embankment which connects public embankments or forms by function with the
    part of a line of embankments, or that any embankment or water channel which is necessary
    for the protection or drainage of the neighboring country, should be taken charge of and
    maintained by the officers of Government;
    b. that any embankment, or any obstruction of any kind, which endangers the stability of a
    public embankment or the safety of any town or village, or which is likely to cause loss of
    property by interfering with the general drainage or flood drainage of any tract of lands,
    should be removed or altered;
    c. that the line of any public embankment should be changed or lengthened or that a new
    public embankment should be constructed instead of any public embankment, or that any
    embankment should be constructed for the protection of any land or for the improvement of
    any water- channel, or that a sluice in any public embankment should be made;
    d. that any sluice or water channel should be made, or that any public water channel should
    be altered for the improvement of the public health or for the protection of any village or
    cultivable land.
    e. That any road which interferes with the drainage of any tract of land should be altered, or
    that any water- channel under or through such road should be constructed.
  34. The concerned Divisional Officer (EE) shall cause to be prepared estimates of the cost of
    such works together with plans and specifications of the same as may be required, he shall
    also cause to be prepared from the survey map of the district, a map showing the boundaries
    of the lands likely to be affected by the said acts and work, and he shall cause a general
    notice to be given on his intention to cause such works to be executed;
    Provided that whenever it shall appear to the concerned Divisional officer (EE) that delay in
    execution of any works occasioned by proceeding commenced by a general notice under the
    Act would be attended with grave and imminent danger of life or property, he may forthwith
    cause the execution of such works to be began in anticipation of the completion of such
    proceeding provided further that without delay the estimates, specifications and plans of the
    proposed works together with a copy of the map as provided shall be prepared and general
    notice shall be given that the work mentioned therein has already been commenced.
  35. Form of notice
    Such general notice as may be prescribed shall be given along with a list of all villages, as
    far as is known, which are likely to be affected by the proposed work.
  36. Application for new sluices, embankments and drainage
    If any person desires that-
  • a sluice be made in any public embankment for the purpose of drainage or irrigation;
    OR
  • any new embankment be erected, or any existing embankment be lengthened, enlarged,
    repaired or removed, or that the line of any embankment be altered or that any new water
    channel be made, or that any water -channel be obstructed or diverted;
    he may make an application in writing to the concerned Executive Engineer.
  1. Operation of sluices
    Sluices constructed in any public embankment shall be opened or should only by or with the
    general or special permission of the Executive Engineer or of the officer in the immediate
    charge of the embankment, under such order, either general or special, as he may receive
    from the Executive Engineer.
    CHAPTER – VII : PRIVATE IRRIGATION WORKS
  2. Notice by collector for repair of existing irrigation work or construction of new work
  3. Whenever it appears to the Collector
    a. that the repair of an existing private irrigation work is necessary for the benefit of any
    village or local area within the district and that the failure to repair such irrigation works
    adversely affects, or is likely to affect adversely, the lands which are dependent thereon for
    supply of water, or
    b. that it is desirable for the purpose of settling or averting dispute of preventing waste of
    water or injury to land by the wrongful or undue diversion of a stream or channel or any
    sluice, weir, outlet, escape, headwork dam or other work should be constructed in any
    private irrigation work, in order to regulate the supply or distribution of water for agriculture
    purpose.
  4. If he is satisfied that the matter is of public importance, he may
    a. cause in the prescribed manner a notice to be served on the owner of the land in which
    the irrigation work is situated and public notice to be given at convenient places in every
    village in which such irrigation work is situated stating that he intends to take action under
    this chapter for the repair of the said work or for extending or altering it and specifying the
    date on which an inquiry shall be held,
    b. Serve a notice in the prescribed manner on every person known or believed to be under
    an obligation to maintain the irrigation work in an efficient state calling on him to show cause
    on the date specified in the notice why he should not be required to repair the said work or
    extend or alter it as aforesaid.
  5. Inquiry By Collector
    On the date fixed in the notices or any other date to which the proceedings may be
    adjourned, the Collector shall hold an inquiry and shall hear the persons on whom the
    notices have been served and any other persons affected or likely to be affected by the order
    who may attend, and may take down in writing any evidence that he may think fit regarding
    a. the necessity for repairing, extending or altering the said irrigation work,
    b. the nature of the works required for such repair, (extension or alteration),
    c. the obligation to maintain the irrigation work in an efficient state and the reasons why the
    person under such obligation has failed to repair it, and
    d. the probable cost of the proposed work of repair, extension or alteration.
  6. Power of collector to order repair or construction
    If after making the said inquiry the Collector is satisfied that the state of disrepair of the
    irritation work is such as materially affect or is likely to affect materially the irrigation of the
    lands which are dependent thereon for supply of water or that any extension or alteration of
    such irrigation work is necessary, he shall, subject to the
    provisions of clause (a), issue an order in writing requiring that the proposed work of repair,
    extension or alteration shall be carried outa.
    by one or more of the persons on whom notice under clause (b) of sub-section (2) of section
    22 have been served and who agrees or agree to carry out the said work, or by any such
    agency as he thinks proper , for reasons to be recorded in writing.
  7. Proceedings in emergencies
  8. Not withstanding any thing to the contrary contained in this Act, whenever the Collector,
    for reasons to be recorded by him, is of opinion that the delay in the repair of any existing
    irrigation works adversely affects or is likely to affect adversely lands which are dependent
    on such irrigation work for supply of water, he may forthwith cause the repair of such
    irrigation work.
    Provided that the Collector shall cause public notice to be given at convenient places in
    every village in which the irrigation work is situated stating that the work mentioned therein
    has already been begun.
  9. When any such work has been completed, the Collector shall cause notice to be given in
    the manner aforesaid stating that the work mentioned therein has been completed.
  10. Delegation by Collector of authority to repair or construct
    If any person required to carry out any work of repair, extension or alteration fails to do so in
    the manner and within the period specified or within such further period, if any, as may be
    allowed by the Collector in writing, the Collector may subject to the rules prescribed by a
    written order, authorise any agency to carry out the said work in
    the manner and within the period specified in the order.
    CHAPTER – VIII : NAVIGATION WORKS
  11. Navigable channels
    It shall be lawful for the State Government from time to time, by notification to that effect
    published in the official Gazette to declare that the provisions of this chapter shall apply to
    any line of navigation specified in such notification and from and after
    such publication the provisions of this chapter shall apply to, and be in force as regards, such
    navigation channel.
  12. Authority for navigable channels
    It shall be lawful for the state Government from time to time, to authorise any of the
    concerned officers to make and open any line of navigation or to clear and deepen any
    navigable canal and to stop any watercourse, or make any tracking path, or do any
    other act necessary for the making or improvement of any such canal.
  13. Appointment of superior and their power
    It shall be lawful for the state Government to appoint any person to be the supervisor of any
    line of navigation subject to the provisions of this chapter, and such person shall be
    empowered to cut down and remove any tree which may have fallen or may be likely to fall
    into such line of navigation and to remove any sunken vessel, and to
    prevent or remove any other obstruction to navigation, of whatever description, whenever he
    may think it necessary.
  14. Mode of exercising power
  15. Whenever such supervisor shall consider that the cutting down and removal of any tree or
    the removal of any other obstruction is necessary, he may in cases of emergency at once
    remove the same, and may for that purpose enter on any private property.
  16. In cases not of an emergent nature, he shall serve a notice in writing on the owner or
    occupier of such private property, directing him to remove the same within a reasonable
    time.
  17. If the owner or occupier can not be found, notice may be served by affixing it in some
    conspicuous place of his dwelling house.
  18. If the owner or occupier shall not remove the obstruction within the time given in the
    notice, the supervisor may proceed to remove it himself and may for that purpose enter on
    any private property.
  19. Payment of all expenses of such removal may be enforced by the sale of the thing
    removed in the manner provided for the recovery of tolls as provided in this Act.
    CHAPTER – IX : VILLAGE CHANNELS
  20. Register of village channels to be kept
  21. The Canal Officer shall keep a register of all village channels whether already existing or
    constructed under this Act, and shall note thereon in respect of every village channel
    whether it is a public channel or a private channel and whether maintained at the cost of the
    Government or the owners, and shall register the names of the owners of every such private
    channel.
  22. A village channel made as an extension of, or a branch to, an existing village channel shall
    be registered as a separate village channel; and so much of the length of any village channel
    as lies within the limits of any one village or mauza shall be entered on the register as a
    separate village channel. Every section of a village channel so separately entered on the
    register shall be deemed to be a separate village channel in respect of all rights and liabilities
    imposed by this Act.
    Provided that, whenever it appears to the canal officer for any special reason to enter upon
    his register as one village channel a section of village channel which includes portions lying
    within two
    or more villages or mouzas, the canal officer may, register such section as one village
    channel, and such section shall be deemed to be one village channel in respect of all rights
    and liabilities imposed by this Act.
  23. Acquisition of village channel by agreement
    Any person may, with the consent of the Canal Officer, acquire the ownership of an existing
    village channel for the purpose of improving or maintaining it:
  24. by taking over any village channel belonging to the Government;
  25. by transfer of ownership of village channel from the owner thereof by private agreement.
    Explanation-“Person” in this chapter includes any number of persons acting jointly and also
    water users association.
  26. Construction of new village channel
    Any person may with the permission of a canal officer, construct a new village channel if he
    has obtained the consent of the owners and occupiers of the land required therefor.
  27. Application for construction of new village channel
    Any person desiring the construction of a new village channel, but being unable or unwilling
    to construct it under a private arrangement with the owners and occupiers of the land
    affected, as mentioned in the last preceding section, may apply in writing to the Canal Officer
    stating:
  28. that he desires the said Canal Officer, in his behalf and at his cost, to do all things
    necessary for constructing such village channel;
  29. that he is ready to defray all costs necessary for acquiring the land and constructing such
    village channel.
  30. Procedure for construction of village channel
  31. If the Canal Officer considers the construction of such village channel expedient, he may
    call upon the applicant to deposit any part of the expense as he may consider necessary.
  32. Upon such deposit being made, the Canal Officer shall1. Cause inquiry to be made into the most suitable alignment for the said village channel,
    and mark out the land which, in his opinion, it will be necessary to occupy for the
    construction thereof,
  33. forthwith publish a notification in every village through which the village channel is
    proposed to be taken that so much of such land as is situated within such village has been
    so marked out, and shall send a copy of such notification to the collector of every district in
    which any part of such land is situated.
    a. Such notification shall also call upon any person who wishes to be admitted a joint owner
    of such village channel to make his application in that respect within thirty days of the
    publication of such notification.
    b. If any such applicant appears, and his application is admitted, he shall be liable to pay his
    share in the construction of such village channel and in the cost of acquiring such land, and
    shall be a co-owner of such village channel when constructed.
  34. Acquisition of land
    On receipt of copy of notification, the Collector shall proceed to acquire land under the
    provisions of the Land Acquisition Act, 1894. No land acquired for the construction of village
    channel shall be used for any other purpose without the order of the Divisional Canal Officer.
  35. Procedure after construction of village channel
  36. On being put in possession of the land the Canal Officer shall construct the required
    village channel, and on its completion shall give the applicant notice thereof, and of any sum
    payable by him on account of the cost of acquiring the land and constructing the village
    channel.
  37. On such notice being given, such sum shall be due from the applicant to the canal officer.
  38. On receipt of payment in full of all expenses incurred, the Canal Officer shall make over
    possession of such village channel to such applicant.
  39. Canal officer may direct transfer of village channel
  40. Whenever a Canal Officer considers that the transfer of a village channel from the owner
    is necessary for the proper management of the irrigation from such village channel, he may
    cause a notice to be served on the registered owner to appear on a certain day, not less than
    fifteen days after service of the notice, and to prefer any
    objection to such transfer.
  41. After hearing such objection, the Canal Officer may order that such village channel shall
    be transferred to such person as he may think fit, and that such person be registered as
    owner of the said village channel, provided that no person shall be registered as the owner of
    a village channel under this section, unless he has expressed in writing his willingness to be
    so registered, and until he has paid to the Canal Officer such sum as may be fixed by the
    Canal Officer.
  42. Admission of joint owner of village channel
  43. Any person wishing to become the joint owner of an existing village channel may petition
    the Canal Officer to that effect, and on receipt of such petition the Canal Officer may, if he
    thinks fit, issue a notice as provided in last preceding section upon the registered owner,
    and, after hearing any objection which the registered owner may prefer against the
    admission of such applicant to be a joint owner, may direct that the applicant shall be
    registered as such joint owner.
  44. All joint owners of a village channel shall be held to have an equal interest in it, unless with
    the permission of the Canal Officer, they register specific unequal interests.
  45. Payment for joint ownership
    When deciding the question of transfer or of admission of joint ownership under either of the
    two last preceding sections, the Canal Officer shall also determine what amount shall be paid
    as the cost of the proceeding. As compensation to the previous owners and the amount so
    determined shall be due by the transferee, or the person
    admitted to registry as a joint owner, as the case may be and on payment of such amount,
    the village channel shall be transferred, or the applicant shall be registered as a owner or a
    joint owner thereof, as the case may be.
  46. Rent for a transferred village channel
    Instead of awarding payment of compensation, under the last preceding section, the Canal
    Officer may fix an amount of rent to be paid annually to the previous owner by the person to
    whom the village channel is transferred.
  47. Rights and obligations of owner of village channel
  48. Every owner of a village channel shall be bound1. to construct and maintain all works necessary for passage across such village channel of
    canals, village channels, drainage channels, and public road existing at the time of its
    construction, and of the drainage intercepted by it, and for affording proper communication
    across it for the convenience of the occupants of neighboring lands;
  49. to maintain such village channel in a proper state of repair for the conveyance of water;
  50. to allow the use of it to others on such terms as may be declared equitable by the Canal
    Officer;
  51. to have supply of water by such village channel at such rates and on such terms as are
    prescribed by the State Government.
  52. To receive such rent for the use of village channel by other persons as the Canal Officer
    may award;
  53. If any village channel transferred under this Act is disused for three years continuously,
    the right of the applicant or of his representative in interest, to occupy such village channel
    shall cease absolutely.
  54. If owner of village channel fails to execute work or repair, canal officer may do so.
    If the owner of a village channel fails to fulfil the obligations mentioned in clauses (a), (b) and
    (c) of sub-section (1) of the last preceding section, the Canal Officer may require him by
    notice to execute the necessary works or repairs within a periods not
    being less than fifteen days, and in the event of failure may execute them on his behalf;
    And all expenses incurred by the executions of such works or repairs shall be a sum due by
    such owner to Government; And, if any such owner who has already failed on one occasion
    to execute such works or repairs when required to do so, and has left them to be executed
    on his behalf by the Canal Officer, again fails to execute any such
    works or repairs when required to do so; or if any such owner shall refuse in any respect to
    fulfil the obligation mentioned in clause (c) of sub-section(1) of the last preceding section,
    after having been required to fulfill the same by a notice in writing from the Canal Officer, the
    Canal Officer may strike such village channel off the
    register, and so disqualify it to be any longer a medium for the conveyance of canal water.
  55. Procedure when joint owner neglects or refuses to maintain the village channel
  56. If any person, jointly responsible with others for the maintenance of a village channel, or
    jointly making use of a village channel with others, neglects or refuses to pay his share of the
    maintenance or to execute his share of the maintenance or to execute his share of any work
    necessary for such maintenance, the Divisional Canal Officer, on receiving an application in
    writing from any person aggrieved by such neglect or refusal, shall serve notice on all the
    parties concerned that on the expiration of fifteen days from the service, he shall investigate
    the case, and shall, on the expiration of that period, investigate the case accordingly, and
    make such order thereon as he deems fit.
  57. Such order shall be appealable to the Superintending Engineer, whose order thereon shall
    be final.
  58. Any sum directed by such order shall be paid within a specified period.
  59. Divisional canal officer may authorise supply
  60. Whenever application is made to a Divisional Canal Officer for supply of water from an
    irrigation work, and it appears to him expedient that such supply should be given and that it
    should be conveyed through some village channel, he shall give notice to the persons
    responsible for the maintenance of such village channel to show cause on a day not less
    than fourteen days from the date of such notice, why the said supply should not be so
    conveyed, and, after making enquiry on such day, the Divisional Canal Officer shall
    determine whether and on what conditions the said supply shall be conveyed through such
    village channel;
    Provided that such application is made for lands already included in the irrigation work.
  61. Any person, aggrieved by the determination of the Divisional Canal Officer, may prefer an
    appeal to the Superintending Engineer within thirty days of such determination.
  62. When the Divisional Canal Officer determines that supply of water of an irrigation work
    may be conveyed through any village channel as aforesaid, his decision shall, when
    confirmed or modified by the Superintending Engineer on appeal, be binding on the applicant
    and also on the person responsible for the maintenance of the said village channel.
  63. Such applicant shall not be entitled to use such village channel until he has paid the
    expense of any alteration of such village channel necessary in order to his being supplied
    through it, and also such share of the first cost of such village channel as the Divisional
    Canal Officer or, as the case may be, Superintending Engineer may
    determine.
  64. Such applicant shall also be liable for his share of the cost of maintenance of such village
    channel so long as he uses it.
  65. The Canal Officer shall fix a sum as rent to be paid for the use of such village channel to
    the owner.
  66. Government may transfer distributary, minor or water course to water user Association
  67. Government may transfer any Government distributary, minor or water course to the
    Water User Association (s) formed by the beneficiaries or to a group of person who may be
    considered fit by the Government to be owner of the said channels for their maintenance and
    operation. These channels , in such a case , will be considered as village channels and will
    accordingly be governed by the provisions of this chapter.
  68. In case the management of distributary, sub-distributary or minor is handed over to the
    WUA, the WUA shall be supplied with authorised discharge at the head regulator of such
    channel. The Executive Engineer will ensure that the water so supplied will be in proportion
    to the area to be irrigated from that channel. In the case
    of deficient water supply in the parent channel, the shortage shall be equitably distributed to
    the various channel.
  69. Preparation of draft scheme for on-farm development
  70. Notwithstanding anything contained to the contrary in this Act and subject to the rules, that
    may be made by the State Government in this behalf, an officer designated by the State
    Government in this behalf may, on his own motion or on the application of not less than fifty
    percent of the owners or occupiers of land in the culturable
    commanded area, prepare a draft scheme to provide for on-farm development on a group or
    block of fields.
  71. Every scheme prepared under sub-section (1) shall among other matters, set out the cost
    of the on-farm development works, sketch plan of the area proposed to be covered by the
    said scheme, and particulars of the owners or occupier to be benefited by the said scheme.
  72. Every scheme shall, as soon as may be after its preparation, be published in such form
    and manner as may be prescribed inviting objections and suggestions with respect thereof
    within twenty-one days of the publication.
  73. After consideration of such objections and suggestions if any, the said officer shall
    approve the scheme either as it was originally published or in such modified form as he may
    consider fit and publish the same.
  74. The officer designated by the State Government in this behalf may, at any time or on an
    application by any person aggrieved by the approved scheme made within a period of thirty
    days from the date of publication of the particulars of the scheme under sub- sections (4),
    revise the scheme approved by the said officer :-
    Provided that such revision shall not be made without affording the person affected an
    opportunity of being heard.
  75. An owner or occupier aggrieved by the order of the said officer in respect of a scheme,
    which has not been approved, may prefer an appeal, within thirty days of the passing of the
    order to such officer designated by the State Government in this behalf whose decision shall
    be final.
  76. After a scheme has been approved by the said officer under sub- section (4) or where an
    appeal is pending before an officer under sub-section (6), after it has been disposed of by
    him, the scheme shall be published in such manner as may be prescribed and upon such
    publication, it shall be executed or got executed by the owners or occupiers in the group or
    block of field at their cost, within such period of time as may be specified by the said officer.
  77. In the event of the failure of any or all of the said owners or occupiers to execute the works
    within the said period of time specified by the said officer or in the event of any or all of the
    owner or occupiers informing in writing the said officer prior to the expiry of the said period of
    time that they are unable to execute or get executed the works as required, the works may
    be carried out by the State Government or by an agency determined by the State
    government in that behalf, and the cost of the works to executed by the State Government or
    by the said agency, as the case may be, shall be recoverable by the State Government or
    the said agency, as the case may, be from the owners or occupiers who fail or indicate their
    inability, to execute or get executed the works as required.
  78. The share of the individual owners or occupiers of the cost of the works executed in the
    said group or block of field by the State Government or by the said agency, as the case may
    be, shall be as determined by the State Government or by the said agency, as the case may
    be.
  79. Divisional Canal Officer may construct field drains on behalf of owners or occupiers
  80. Notwithstanding any thing contained to the contrary in sub-section (1) of section 16 the
    Divisional Canal Officer may cause a scheme for field drain to be drawn up.
  81. Every scheme drawn up under sub-section (1) amongst other matters shall set out the
    estimated cost thereof, the alignment of the proposed field drain or realignment of the
    existing field drain, as the case may be, the particulars of the owners or occupiers to be
    benefited and other persons who may be benefited thereby and sketch plan of the area
    proposed to be covered by the scheme.
  82. The Divisional Canal Officer may construct the field drain on behalf of the owners or
    occupiers and recover the cost pro-rata from the owners or occupiers.