The Karnataka Irrigation Act, 1965

Keywords : Canal officer, Chief Engineer, Command Area Development Authority, Drainage Work, Field Channel, Flood-Embankment, Irrigation officer, Irrigation Work, Land Holder, Notification, Occupier, Patel, Tahsildar, Water Users’ Apex Level Federation, Water Users Association, Water Users Distributary Level Federation, Project Level Federation, Water User Society
Amendments appended: 8 of 2002, 9 of 2002, 36 of 2003, 29 of 2010

The-Karnataka-Irrigation-Act-1965-Download

Act 16 of 1965.- There are at present different enactments in force in the different areas of
the State in regard to the construction, maintenance and regulation of irrigation works and other
matters pertaining to irrigation. An Act called the Mysore Irrigation (Levy of Betterment
Contribution and Water Rate) Act, which was passed by the Legislature in 1957, consolidated all
the provisons in these enactments, in so far as they related to the levy of betterment contribution
and water rate. The present Bill seeks to consolidate all the remaining provisions of the Irrigation
and other allied Acts in force in the different areas.
The Bill provides among other things for the regulation of water from irrigation works, and
gives certain powers to irrigation officers in regard to the survey, investigation, execution and
maintenance of irrigation works. It provides as before for the performance of customary
obligations in regard to maintenance of irrigation works by the beneficiaries. There is provision
for taking over certain notified irrigation works all over the State for maintenance by Government
if it is found necessary to do so in the interest of their proper preservation and of the economic
4
utilization of and regulation of water from such works. This is subject to the payment by the
beneficiaries of a cess, the proceeds of which will be put into a fund. A contribution up to 50 per
cent of such proceeds is to be made by Government to the fund out of the general revenues.
This fund is to be utilised not merely for maintenance but also for providing facilities for proper
use of water from the irrigation work and for constructing and maintaining ayacut roads, culverts,
etc., in the irrigated area. It is proposed to take over all but very small irrigation works for
maintenance over a period of years, so that at the end of that period, the State will have complete
control and responsibility for maintenance of all such works, while the responsibility for the others
will continue to vest in the beneficiaries or other appropriate agencies.
Provision has also been made in the Bill for the construction by Government Agency of all
water courses with a capacity of not below one cusec, leaving the responsiblity for construction of
water courses having a smaller capacity (called ‘field channels’) to the ryots. At present the
practice in this behalf varies from one area to another, the smallest capacity of water courses to
be constructed by Government being 3 cusecs in some areas. The lowering of the limit is
intended to provide greater facilities to ryots and to promote the speedy development of irrigation,
particularly under major projects. There is also provision to enable Government to construct field
channels in the event of failure on the part of the ryots to construct them, subject to recovery of
the cost of such construction from the holders of lands benefited from such field channels.
The Bill also provides for certain safeguards for irrigation works and for certain safeguards for
irrigation works and for penalties for the contravention of the mandatory provisions of the Bill.
(Published in Karnataka Gazette (Extra ordinary) Part IV -2A dated 18.12.1959 as No. 102 at
pages 28-29.)
II
Amending Act 12 of 1969.- According to the Mysore Irrigation Act, 1965, firld channels may
be constructed either by a persons whose lands would be benifited by the construction or by
Government at the instance of such persons. It is now proposed to provide that Government itself
shall construct all fields channels at Government cost.
It is further proposed to provide that the procedure relating to acquistion of lands and
payment of compensation under the Act shall, as far as may be, in accordance with the
provisions of the Land Acquisition Act.
It is also proposed to provide penal water rate for unauthorised cultivation in order to ensure
effcetive compliance of the Act.
It is necessary to amend the Act for the said purposes.
Hence this Bill.
Opportunity is taken to make certain incidental and consequential amendments also.
(Published in Karnataka Gazette (Extra ordinary) Part IV -2A dated 26.8.1968as No. 767 at
pages 6.)
III
Amending Act 24 of 2000.- To achieve better results in water management, it is considered
necessary to involve and empower farmers through Water Users Co-operative Societies and their
Federations in irrigation water management. Accordingly, it is considered necessary to amend the
Karnataka Irrigation Act, 1965,-
(i) to provide for entrustment of control, maintenance and monitoring of irrigation works to
Water User Societies;
5
(ii) to enable, Water Users Societies to provide the means of crossing canals and to
construct culverts etc., to prevent obstructions to drainage;
(iii) to empower the Water User Society to construct drainage works wherever necessary;
(iv) to empower the Water User Society to repair the field channel in the event of failure by
the user to repair the field channel and recover the costs from the user;
(v) to provide for consulting the Water Users Project Level Federation for regulating water
supply from irrigation work;
(vi) to empower water user society to levy water charges when water is temporarily made
available as well as when water is used unauthorisedly;
(vii) to empower Water User Society to stop supply of water in the event of violation of
cropping pattern and non-payment of water charges and to levy penal water charges in cases of
crop violations;
(viii) to exempt levy of maintenance cess in respect of lands situated within the jurisdiction of
Water User Societies;
(ix) to provide for compounding of offences;
(x) to provide for compensation of Water Users Apex Level Federation;
(xi) to outline the functions of Water User Society, Water Users Distributary Level Federation,
Water Users Project Level federation and Water Users Apex Level Federation.
Further it is also considered necessary to amend the Karnataka Irrigation (Levy of
Betterment, Contribution and Water Rates) Act, 1957 to restrict the application of the Act only to
the Water Users Co-operative Societies and not to the societies registered under the Karnataka
Societies Registration Act, 1960.
Certain consequential amendments are also made.
As the matter was urgent and the Karnataka Legislature Council was not in session,
Karnataka Irrigation and Certain Other Laws (Amendment) Ordinance, 2000 was promulgated.
This Bill seeks to replace the said Ordinance.
Hence the Bill
(Obtained from L.A. Bill No. 29 of 2000)
IV
Amending Act 8 of 2002.- It is considered necessary to provide for Water Users
Societies to become members of the Water Users Project Level Federation by suitably
amending the Karnataka Irrigation Act, 1965.
It is also considered necessary to amend the Karnataka Irrigation (Levy of
Betterment Contribution and Water Rate) Act, 1957 to entrust the work of supplying the
water from any irrigation work and levying and collecting the water rates thereby to the
Karnataka Neeravari Nigam Limited .
Since the matter was urgent and the Karnataka Legislative Council was not in
session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance, 2001
(Karnataka Ordinance 6 of 2001) was promulgated to achieve the object.
Hence the Bill.
(L.A. Bill No. 2 of 2002)
6
V
Amending Act 9 of 2002.- It is considered necessary to amend the Karnataka
Irrigation Act, 1965, to provide for,-
(i) a separate definition of “Water Users Association” and to make a provision for
continuing the existing Water Users Societies registered prior to the
commencement of this Amendment Act in respect of the minor Irrigation tanks
irrigating less than 2000 hectares till a Water Users Association is registered
under the Karnataka Societies Registration Act, 1960.
(ii) Conferring certain powers under Sections 4, 10, 14 and 27 on the Water Users
Association.
(iii) Exempting Water Users Association from the levy of maintenance cess.
(iv) Defining the functions of the Water Users Association.
It is also considered necessary to amend the Karnataka Irrigation (Levy of
Betterment Contribution and Water Rate) Act, 1957 enable levy of water rate on Water
Users Association who in turn may collect water charges from the water users.
Since the matter was urgent and the Karnataka Legislative Council was not in
session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance, 2002
(Karnataka Ordinance 1 of 2002) was promulgated to achieve the object.
Hence the Bill.
(L.A. Bill No. 7 of 2002)
VI
Amending Act 36 of 2003.- Krishna Bhagya Jala Nigam Limited and the
Government of Karnataka have made an investment of Rs. 4143 crores for the
construction of Almatti and Narayanpur Dams, Main Canals, Distributories and Rs. 780
crores for the construction of field Irrigation Channels in private lands. This considerable
investment is made to provide irrigation facilities to the lands owned by farmers of this
State in order to improve their economic condition through productive agricultural
practice.
In order to ensure that the benefits of Irrigation accrue to the original landholder by
preventing sale or lease, to a limited extent of the land by him in favour of any other
person, it is proposed to restrict partially, the transfer of such land for a limited period.
As the matter was urgent and the Karnataka Legislative Council was not in session,
the Karnataka Irrigation (Amendment) Ordinance, 2003 was promulgated.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
(L.C. Bill No. 3 of 2003)
[Entry 17 of List-II of the Seventh Schedule to the Constitution of India].
7
VII
Amending Act 29 of 2010.-

It is considered necessary to amend the Karnataka Irrigation Act, 1965 to
provide for supply of water in bulk on volumetric basis by the Cauvery
Neeravari Nigam Limited to the Water Users Co-operative Societies.
It is considered necessary to amend the Karnataka Irrigation (Levy of
Betterment Contribution and Water Rates) Act, 1957, to enable the Cauvery
Neeravari Nigam Ltd., to levy and collect water rates for the water supplied or
made available from an irrigation network in any area or areas by the Nigam.
Hence the Bill.
[L.A. Bill No. 15 of 2010, File No.DPAL 23 Shasana 2008]
[Entry 17 and 18 of List II of the Seventh Schedule to the Constitution of India.]

8
1
[KARNATAKA]1
ACT NO. 16 OF 1965
(First published in the 1
[Karnataka]1
Gazette Extraordinary on the Nineteenth day of
August, 1965)
THE 1
[KARNATAKA]1
IRRIGATION ACT, 1965.
(Recevied the assent of the President on the Twenty-third day of July, 1965).
(As Amended by Act 12 of 1969, 24 of 2000, 8 of 2002, 9 of 2002, 36 of 2003 and 29 of
2010)
An Act to make provisions relating to the construction, maintenance and
regulation of irrigation works, the supply of water therefrom, obtaining labour in
emergencies and certain other matters pertaining to irrigation in the 1
[State of
Karnataka]1
.
WHEREAS it is expedient to make provisions relating to the construction, maintenance
and regulation of irrigation works, the supply of water therefrom obtaining labour in
emergencies and certain other matters pertaining to irrigation in the 1
[State of
Karnataka]1
;
BE it enacted by the 1
[Karnataka]1
State Legislature in the sixteenth Year of the
Republic of India as follows:-

Adapted by the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973.
CHAPTER I
PRELIMINARY
Short title, extent, commencement and application .-(1) This Act may be
called the 1
[Karnataka]1
Irrigation Act, 1965.
Adapted by the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973.
(2) It extends to the whole of the 1
[State of Karnataka]1
.
Adapted by the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973.
(3) It shall be come into force on such 1
[date]1
as the State Government may, by
notification, appoint.
This Act came into force on 1.1.1966 by notification. Text of notification is at page 299.
Definitions.- In this Act, unless the context otherwise requires,-
(a) “Canal Officer” means any officer appointed or invested with powers of a Canal
Officer under section 3;
(b) “Chief Engineer” means an officer appointed by the State Government as Chief
Engineer for Irrigation and includes any officer appointed to perform the functions of a
Chief Engineer under this Act;
1
[(bb) “Command Area Development Authority” means the Command Area
Development Authority established under the Karnataka Command Areas Development
Act, 1980 (Karnataka Act 6 of 1980)]1
.
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
(c) “Deputy Commissioner” includes any officer not below the rank of an Assistant
Commissioner, appointed by the State Government to exercise all or any of the powers
of a Deputy Commissioner under this Act;
(d) “drainage work” includes,-
9
(i) channels, either natural or artificial, for the discharge of waste or surplus
water, and all works connected with or auxiliary to such channels;
(ii) escape channels from an irrigation work, dams, weirs, embankments, 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
Government for the purpose of drainage of the country; and
(iv) all works for the protection of lands from inundation or erosion, constructed
or maintained either wholly or in part by the State Government;
(e) “field channel” means any water course, hikkal or pipe having a capacity not
exceeding one cubic foot per second, which is supplied with water from an irrigation
work, and includes all subsidiary works belonging to such field-channel, except the
sluice or outlet through which water is supplied to such channel or pipe;
(f) “flood-embankment” means any embankment constructed or maintained by
Government in connection with any system of irrigation or reclamation works for the
protection of lands from inundation or which may be declared by the State Government
to be maintained in connection with any such system, and includes all groynes, spurs,
dams and other protective works connected with such embankments;
(g) “Irrigation Officer” means any officer appointed as an Irrigation Officer or invested
with the powers of an Irrigation Officer under section 3;
(h) “irrigation work” includes,-
(i) all reservoirs, tanks, wells, anicuts, bandharas, ponds, spring ponds, canals,
field-channels, thalapariges, pipes, channels, aqueducts and sluices constructed,
maintained or controlled wholly or partly by Government for the supply, conveyance or
storage of water;
(ii) all works, embankments, structures, supply and escape channels, connected
with such reservoirs, tanks, anicuts, bandharas, channels, canals, pipes, sluices, and all
roads constructed for facilitating the construction or maintenance of such reservoirs,
tanks, anicuts, bandharas, canals, channels pipes and sluices;
(iii) all drainage works and flood embankments;
(iv) any part of a river, stream, lake, natural collection of water or natural
drainage channel to which the State Government may apply the provisions of section 5
or of which the water has been applied or used before the commencement of this Act for
the purpose of any existing irrigation work;
(v) all lands appropriated by the State Government for the purpose of such
reservoirs, tanks, anicuts, bandharas, canals, channels, pipes, sluices and all
buildings, machinery, fences, gates and other erections upon such lands;
(i) “land holder” or “holder” means the person in whom a right to hold the land is
vested, whether solely on his own account or wholly or partly in trust for another person
or for a class of persons or for the public and includes a mortgagee vested with right of
possession;
(j) “notification” means a notification published in the official Gazette;
10
(k) “occupier” means, in respect of any land, any person who has an interest in the
land and cultivates the land himself or by his servants, or by hired labour, and includes a
tenant;
(l) “owner” includes every person having a joint interest in the ownership of the
thing specified; and all rights and obligations which attach to an owner under this Act
shall attach jointly and severally to every person having such joint interest in the
ownership;
(m) “patel” means such officer as the State Government may declare to be a patel for
the purposes of this Act;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “Tahsildar” includes any officer appointed by the State Government to exercise
all or any of the powers of a Tahsildar under this Act.
1
[(p) “Water Users’ Apex Level Federation” means a Water Users’ Apex Society
registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of
1959) which shall consist of members as specified in its bye-laws;
1
[(pp) “Water Users Association” means “a Water Users Association registered under
the Karnataka Societies Registration Act, 1960 (Karanataka Act 17 of 1960),-
(a) members of which consist of not less than sixty percent of the Water Users
for cultivation of land; or
(b) majority of members of which consist of Water Users for cultivation of land
and holding not less than fifty one percentd of land;
under an irrigation work being a tank irrigating less than two thousand hectares but
excluding tanks within the command area of a major or medium irrigation project.
Provided that a Water Users Society registered under the Karnataka Cooperative Societies Act, 1959 in respect of such tank priors to the commencement of the
Karnataka irrigation and Certain Other Law (Second Amendment) Act, 2002, may
continue till a water Users Association is registered.]1
Inserted by Act 9 of 2000 w.e.f. 25.02.2002.
(q) “Water Users Distributary Level Federation” means a Federation of Water Users
Societies at Distributory Level registered under the Karnataka Co-operative Societies
Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty
one percent of the Water Users Societies within an area in relation to a distributary of a
major or medium irrigation project, as may be notified by the State Government;
(r) “water Users Project Level Federation” means,-
(i) in the case of a major irrigation project, a Federation of 1
[Water Users
Societies or]1
Water Users Distributary Level Federations at the project level registered
under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the
members of which consist of not less than fifty one percent of 1
[Water Users Societies
or]1
Water Users Distributary Level Federation within an area in relation to the major
irrigation project as may be notified by the State Government;
Inserted by Act 8 of 2002 w.e.f. 13.11.2001.
(ii) in the case of a medium irrigation project, a federation of Water Users
Societies at the project level registered under the Karnataka Co-operative Societies Act,
1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty one
11
percent of Water Users Societies within an area in relation to the medium irrigation
project as may be notified by the State Government;
(iii) in the case of a minor irrigation or lift irrigation works, a federation of Water
Users Societies in relation to such minor irrigation or lift irrigation works registered under
the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the
members of which consist of not less than fifty one percent of Water Users Societies
within such area as may be notified by the State Government;
(s) “Water Users Society” means a Water Users Co-operative Society registered
under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959),-
(a) members of which consist of not less than sixty percent of the Water Users for
cultivation of land; or
(b) majority of members of which consist of Water Users for cultivation of land and
holding not less than fifty one percent of land,
under an irrigation work within the area of operation of the society 1
[but excluding a tank
irrigating less than two thousand hectares and not falling within the command area of a
major or medium irrigation project.]1
Inserted by Act 9 of 2002 w.e.f. 25.02.2002.
Explanation.- For the purposes of this clause “area of operation ” means an area
comprising a contiguous block of land within an irrigation work as may be notified by the
Irrigation Officer. 2
[from time to time]2
]
1
Clause (p) to (s) Inserted by Act 24 of 2000 w.e.f. 14.06.2000.
Inserted by Act 9 of 2002 w.e.f. 25.02.2002.
Appointment of officers.- The State Government, or, subject to such conditions
as may be prescribed, any officer of Government empowered in this behalf may, by
notification,-
(a) appoint such officers with such designations, and assign to them respectively
such powers and duties over such areas or such irrigation works under this Act, as the
State Government or such officer may deem fit;
(b) invest any officer of Government in any Department or any other person with
such powers and impose upon him such duties over such areas or such irrigation works
under this Act, as the State Government or such officer may deem fit.
CHAPTER II
CONSTRUCTION, CONTROL AND MAINTENANCE OF IRRIGATION WORKS
Constructon, control and maintenance of irrigation works only with
consent of Government and subject to conditions.- (1) No person shall construct,
control or maintain wholly or partly any reservoir, tank, anicut, bandhara, pond, spring
pond, canal, field channel, talaparige, channel or aquaduct except with the previous
sanction of the State Government or such other authority as may be authorised by the
State Government in this behalf and subject to such conditions as the State Government
or such authority may impose:
1
[Provided that the State Government may entrust to a Water Users Society 2
[or
Water Users Association]2
control, maintenance and monitoring of any irrigation work
either wholly or in part and thereupon such Water Users Society 2
[or Water Users
12
Association]2
shall be responsible for the control, maintenance and monitoring of such
irrigation work.]1
Inserted by Act 24 of 2000 w.e.f. 14.06.2000.
Inserted by Act 9 0f 2002 w.e.f. 25.02.2002.
(2) Where the State Government is of the opinion that in the interests of proper
irrigation from any irrigation work constructed or proposed to be constructed it is
necessary to control the construction of wells in any area or areas, the State
Government may by notification specify such area or areas; and thereupon no person
shall within such area or areas construct any well except with the 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.
Notification to issue when water supply is to be applied for purposes of
irrigation works.- (1) Whenever it appears expedient to the State Government or any
officer generally or specially authorised by it in this behalf, that the water of any river or
stream flowing in a natural channel or of any lake or any other natural collection of still
water, should be applied or used by the State Government for the purpose of any
existing or proposed irrigation work, the State Government or the authorised officer may,
by notification, declare that the said water will be so applied or used after a day to be
specified in the said notification, not being earlier than three months from the date
thereof.
(2) At any time after the day specified under sub-section (1), the Irrigation Officer
may enter on any land, remove any obstruction, close any channel and do any other
thing necessary for such application or use of the said water, and for such purpose, may
take with him or depute or employ such subordinates and other persons as he deems fit.
Entry for inquiry.- Whenever it shall be necessary to make any inquiry or
examination in connection with a proposed irrigation work or with the maintenance of an
existing irrigation work, the Irrigation Officer, or any person acting under the general or
special order of such Irrigation Officer may,-
(a) enter upon such land as he may think necessary for the purpose; and
(b) exercise all powers and do all things in respect of such land as he might exercise
and do, if 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
(c) set up and maintain water-gauges and do all other things necessary for the
purpose of such inquiry and examination.
Power to inspect and regulate supply.- The Irrigation Officer or any person
acting under the general or special order of such Irrigation Officer, may enter upon any
land, building or field-channel, for the purpose of inspecting or regulating the use of
water supplied or of measuring the land, irrigated thereby or chargeable with a water
rate, and of doing all things necessary for the proper regulation, maintenance and
management of the irrigation work from which such water is supplied.
Power to enter for repairs and to prevent accidents.- In case of any accident
or damage being apprehended or occurring to an irrigation work, the Irrigation Officer, or
13
any person or persons acting under the general or special order of such Irrigation
Officer, may enter upon any land adjacent to or in the neighbourhood of such irrigation
work and may remove trees and other materials and execute all works which may be
necessary for the purposes of preventing such accidents or repairing any damage.
Notice to occupier.- When an Irrigation Officer or any other person acting under
his general or special order in this behalf, proposes, under the provisions of sections 6, 7
or 8, to enter into any building or enclosed court or garden attached to a dwelling house,
which is not supplied with water from an irrigation work not adjacent to a floodembankment, he shall previously give to the occupier of such building, court or garden
such reasonable written notice as the urgency of the case may allow.
Means of crossing canals to be provided and obstruction to drainage to be
avoided.- Suitable means of crossing canals and channels shall be provided at such
places as the State Government 1
[or the Water Users Society 2
[or Water Users
Association]2
in respect of any irrigation work entrusted to it as the case may be]1
thinks
necessary for the reasonable convenience of the inhabitants of the adjacent land; and
suitable bridges, culverts, or other works shall be constructed to prevent the drainage of
the adjacent land being obstructed by any canal or channel.
Inserted by Act 24 of 2000 w.e.f. 14.06.2000.
Inserted by Act 9 0f 2002 w.e.f. 25.02.2002.
Government may prohibit obstructions of rivers, etc within certain limits.-
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 supply from an irrigation
work is available, has arisen or may arise from the obstruction of any river, stream or
natural drainage channel, the State Government may, by notification, prohibit within
limits to be defined in such notification, or may, within such limits, order the removal or
other modification of such obstruction; and thereupon so much of the said river, stream
or natural drainage channel as is comprised within such limits, shall be deemed to be a
drainage work as defined in section 2.
Irrigation Officer may issue order to person causing obstruction.- The
Irrigation Officer may, after the publication of the notification under section 11, issue an
order to any person causing or having control over any such obstruction to remove or
modify the same within such period as may be specified in such order.
Irrigation Officer may cause obstruction to be removed.- If within the period
specified under section 12 such person does not comply with the order, the Irrigation
Officer may cause the obstruction to be removed or modified and such person shall be
liable to pay the expense of such removal or modification; and if the person to whom the
order was issued does not, when called upon, pay the expenses of such removal or
modification, such expenses shall be recoverable as an arrear of land revenue.
Construction of drainage works.- Whenever it 1
[appears to the Water Users
Society 3
[or Water Users Association]3
in case of any irrigation work entrusted to it and in
other cases to the State Government]1
that any drainage work is necessary for the public
health or for the improvement of the proper cultivation or irrigation of any land, or that
protection from floods or other accumulations of water or from erosion by a river is
required for any land, 1
[the State Government or as the case may be, Water Users
Society]1 3
[or Water Users Association]3
in its discretion cause a scheme for such work to
14
be drawn up and carried into execution, and the person authorised by the State
Government 2
[or as the case may be, Water Users Society]2 3
[or Water Users
Association]3
to draw up and execute such scheme may exercise, in connection
therewith, the powers conferred on Irrigation officers by sections 6, 7 and 8 and shall be
liable to the obligations, imposed upon Irrigation Officers by sections 9 and 35.
Substituted by Act 24 of 2000 w.e.f. 14.6.2000.
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Inserted by Act 9 0f 2002 w.e.f. 25.2.2002.
CHAPTER III
FIELD CHANNELS
Determination of the need for field-channels and their alignment in any
area.- (1) The Irrigation Officer on being satisfied that the construction of field-channels
in any area is necessary in public interest for supply of water from an irrigation work to
lands requiring such supply for purposes of cultivation, shall declare by notification that
such field-channels may be constructed after a date to be specified in the notification,
not being earlier than thirty days from the date of publication thereof. A copy of such
notification shall be sent to the Tahsildar of the area for the publication in the villages
concerned.
(2) After the date specified in the notification under sub-section (1), the Irrigation
Officer shall determine the suitable alignment for the field-channels and shall mark out
the land, which in his opinion, it is necessary to occupy for the construction thereof. He
shall forthwith publish a notification by affixture on the notice board in his office that so
much of such land as is situated within such village or villages has been so marked out
and shall send a copy of such notification to the Tahsildar for publication in every village
through which the field-channel is taken and on such lands. He shall also send a copy
of such notification to the Deputy Commissioner of every district in which such land is
situated.
Deputy Commissioner to acquire land.- (1) On receipt of a copy of notification
under section 15, 1
[the Deputy Commissioner shall issue notices to the owner of such
land and other persons interested in it to show cause why such land should not be
acquired and after giving them a reasonable opportunity of being heard, if satisfied]1
that
such land is required for a field-channel, proceed to acquire and take possession of such
land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been
issued by State Government for the acquisition thereof under section 6 of that Act and
as if the State Government had thereupon directed the Deputy Commissioner to take
order for the acquisition of such land under section 7 of the said Act and as if the State
Government had issued orders for immediate possession being taken under section 17
of the said Act.
Substituted by Act 12 of 1969 w.e.f. 19.6.1969.
(2) Notwithstanding anything contained in the Land Acquisition Act, 1894, the
acquisition of any land for the purpose of constructing a field-channel under section 15
shall be deemed to be for a public purpose 1
[x x x]1
.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
1
[Explanation I x x x
15
Explanation II x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Such acquired land to remain as property of Government.- On possession
of the land being taken, the Irrigation Officer shall fix the boundary marks in the
prescribed manner, and thereupon ownership of such land shall vest in the State
Government.
1
[18 x x x
19 x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Obligations of 1
[user of]1 the field-channel.- (1) Every 1 [user of]1
the fieldchannel shall be bound,-
Substituted by Act 12 of 1969 w.e.f. 19.6.1969.
(a) to maintain such field-channel in a fit state of repair for the conveyance of
water;
1[(b) x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
(2) Every user of a field-channel 1
[x x x]1
shall, subject to the provisions of Chapter
IV, be entitled to have a supply of water by such field-channel on such terms as may be
prescribed.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
1
[21 x x x
22 x x x
23 x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
If user fails to execute work or to repair field-channel Irrigation Officer may
execute the same.- (1) If any user of field channel fails to fulfil any obligation imposed
upon him by clause (a) of sub-section (1) of section 20, the Irrigation Officer may require
him, by notice, to execute the necessary repair within a period to be specified in such
notice, of not less than seven days, and , in the event of failure may execute the same,
and except as hereinafter provided in this section, all expenses incurred in the execution
of such repair shall be a sum due by such user to the State Government recoverable as
an arrear of land revenue.
1
[Provided that in respect of an irrigation work entrusted to a Water Users Society
such expenses shall be deemed to be dues by such user to a co-operative society and
shall also be recoverable in accordance with the provisions of the Karnaatka Cooperative Societies Act, 1959.]1
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
1[(2) x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
1
[25 x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
16
1
[26. Construction of field channel in lands acquired.- After any land has been
acquired under section 16 and has vested in the State Government under section 17,
the Irrigation Officer shall construct the field channels necessary in the area.]1
Substituted by Act 12 of 1969 w.e.f. 19.6.1969.
CHAPTER IV
REGULATION OF IRRIGATION
Regulation of water supply from irrigation works.- An Irrigation Officer duly
empowered by the State Government by a notification in respect of any irrigation work or
class of irrigation works may, after such inquiry as he deems fit, and after consultation
with a committee appointed by the State Government consisting of such number of
official and non-official members as may be prescribed, regulate in respect of any
irrigation work for each year or for a specified term of years at a time, as circumstances
may require,-
(i) the time for letting out water for irrigation;
(ii) the period of supply;
(iii) the quantity of supply; and
(iv) the areas to be supplied at different times.
Explanation.- A land shall be deemed to have been supplied with water if water is
made available for irrigation of such land:
1
[Provided that where an irrigation work is entrusted to a Water Users Society, the
Irrigation Officer, instead of consulting the committee so appointed by the State
government, shall,-
(i) in case of a Water Users Society whose area of operation extends to one or
more minor irrigation of lift irrigation works, consult such Water Users Society; and
(ii) in other cases, consult the Water Users Project Level Federation.]1
2
[Provided further that when an irrigation work is entrusted to a Waters Users
Association the irrigation officer instead of consulting the committee so appointed by the
State Government shall consult Water Users Association.]2
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Inserted by Act 9 of 2002 w.e.f. 25.2.2002.
1
[27A. Restriction on alienation of certain lands:- (1) Notwithstanding anything
contained in any other law for the time being in force, after commencement of
construction of any irrigation work to irrigated any land, from any irrigation project, being
a major or medium irrigation project, no owner of such land shall, for such period not
exceeding ten years and from a date to be specified in this behalf, by a notification by
the Chief Engineer in charge of the irrigation work, transfer the land specified in the
notification by way of sale, mortagage, lease, gift, exchange or otherwise without prior
permission of the Irrigation Officer.
(2) The Irrigation Officer may give permission under sub-section (1) having regard to
the guidelines issued by the State Government from time to time.]1
Inserted by Act 36 of 2003 w.e.f. 6.6.2003.
Application for permission to use water from an irrigation work.- (1) Any
person desiring to have a supply of water from an irrigation work for irrigating a land 1
[x x
17
x]1
not included in any area to which supply of water is regulated under section 27, shall
make a written application to that effect to the Irrigation Officer. Subject to any general
or special order made by the State Government determining the extent of lands for
which water can be made available from such irrigation work, such officer may, if in his
opinion such supply can be made without detriment to the supply of water to lands 1
[x x
x]1
included in any area to which supply of water is regulated under section 27, order the
supply of water and for such period not exceeding six years subject to such conditions
as may be specified in such order.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
(2) If after a period of six successive years of supply of water made to any land
referred to in sub-section (1), the holder of such land applies for the supply of water
being made permanent, such application, with the opinion of the Irrigation Officer, shall
be forwarded to the Deputy Commissioner of the district. The Deputy Commissioner of
the district shall then take steps in accordance with law 1
[x x x]1
to include the land in the
area to which supply of water is regulated by section 27.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
(3) The water rate 2
[or water charges, as the case may be]2
leviable for the use of
water for temporary cultivation under sub-sections (1) and (2) shall be twice the water
rate 2
[or water charges, as the case may be]2 1
[x x x]1 .
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
(4) With the sanction of, and subject to such conditions, payments, and restrictions,
as may be imposed by the State Government or such officer as may be authorised by
the State Government in this behalf, the Irrigation Officer, may, without detriment to the
supply of water to lands 1
[x x x]1 included in any area to which supply of water is
regulated under section 27, give permission for water to be taken from an irrigation work,
for purposes other than those of agriculture.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
(5) If any person uses water from an irrigation work without obtaining the permission
required under this section, he shall in addition to any penalty he incurs under this Act
for such unauthorised use of water be liable to pay water rate 1
[or as the case may be,
water charges]1
at such rate as may be determined by the prescribed officer not being
less than ten times and not exceeding thirty times the rate 1
[or the water charges, as the
case may be]1
he would otherwise have been required to pay, had he applied for and
obtained the permission.
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Stoppage of water supply.- The supply of water to any field-channel or to any
person who is entitled to such supply shall not be stopped, except,-
(a) whenever and so long as it is necessary to stop such supply for the purpose of
executing any work ordered by the competent authority;
(b) whenever and so long as any field-channel by which such supply is received is
not maintained in such repair as to prevent the wasteful escape of water thereof;
(c) whenever and so long as it is necessary to do so in order to supply in rotation the
legitimate demands of other persons entitled to water;
18
(d) whenever and so long as it may be necessary to do so in order to prevent the
wastage or misuse of water;
(e) within the periods fixed from time to time by the Irrigation Officer of which due
notice shall be given;
(f) whenever there is diminution in the supply of water in the irrigation work due to
any natural or seasonal causes and so long as it is necessary to do so;
1
[(g) whenever and so long as water is used for sowing, planting or growing crops in
contravention of notification issued under sub-section (2) of section 32;
(h) whenever and so long as stoppage of supply of water is necessitated due to any
cause beyond the control of Irrigation Officer;
(i) whenever and so long as a person does not pay the arrears of water rate or as
the case may be water charges.]1
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Supply of water for irrigation of one or more crops.- When water from an
irrigation work is supplied for the irrigation of one or more crops only, the right to use
such water shall be deemed to continue only until such crop or crops shall come into
maturity, and to apply only to such crop or crops.
Regulation of cultivation on 1
[x x x]1
lands.- (1) Subject to the provisions of
section 32, and subject to such directions as may be issued from time to time, the
Irrigation Officer may in any year, having regard to the quantity of water available in any
irrigation work under his control determine, by order published in the prescribed manner
and within the time prescribed, the areas or lands 1
[x x x]1
in the irrigable area of such
irrigation works, to be cultivated with paddy, sugarcane, or any perennial crop or
intermittent irrigated dry crops or with dry or semi-dry crops and regulate the supply of
water for irrigation accordingly.
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
(2) If, in accordance with a decision of the Irrigation Officer under sub-section (1),
any land entitled to supply of water under the irrigation work is not supplied with water,
the holder of such land shall be liable to pay only the dry assessment of such land.
(3) From the order of the Irrigation Officer under this section, an appeal shall lie
within fifteen days from the date of publication of the said order, to the Deputy
Commissioner of the district.
Power to prescribe the kind of crop to be grown under the irrigation area
and the period of sowing such crop.- (1) Whenever the State Government is satisfied
that for the better cultivation of lands and due preservation of the water-resources of an
irrigation work, it is expedient and desirable in public interests to regulate the kind of
crop that should be grown on lands under such irrigation work and the period of sowing
such kinds of crop, it may, by notification, make a declaration to that effect.
(2) On the making of a declaration under sub-section (1), the Irrigation Officer, after
consultation with the committee appointed under section 27 and with the approval of the
Deputy Commissioner, may specify by notification published in such manner as may be
prescribed, the kinds of crop that shall be grown on any land under such irrigation work
and the period of sowing and planting such crops.
19
(3) On the publication of a notification under sub-section (2), no person shall grow or
allow any crop other than the crops specified in such notification to be grown on any land
under such irrigation work and no person shall sow or plant or allow the sowing or
planting of crop at any time other than during the period specified in such notification.
1
[(4) In all cases in which the person who has sown or grown any unauthorised
crop or allowed any land to be grown or sown with such unauthorised crop cannot be
found the holder of land, in addition to such other person concerned, shall,-
(a) be liable for contravening the provisions of this section; and
(b) also be liable to pay such water rate, 2
[or water charges as the case may be]2
as may be determined by the Irrigation Officer, not being less than the five times and not
exceeding ten times the water rate 2
[or water charges as the case may be]2 which he
would otherwise have been required to pay:
Provided that if no water is utilised either directly or indirectly from the irrigation work
for growing any crop, the provisions of sub-sections (3) and (4) shall not be applicable.]1
Substituted by Act 12 of 1969 w.e.f. 19.6.1969
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
CHAPTER V
AWARD OF COMPENSATION
Compensation for damage caused consequent on the exercise of powers
conferred by this Act.- Compensation may be awarded in respect of any substantial
damage caused by the exercise of any of the powers conferred by this Act, which is
capable of being ascertained:
Provided that no compensation shall be so awarded in respect of any damage arising
from,-
(a) deterioration of climate or soil; or
(b) stoppage of navigation or of the means of floating timber or of watering cattle; or
(c) stoppage or diminution of supply of water in consequence of the exercise of the
power conferred by section 5, if no use has been made of such supply within the five
years next before the date of the issue of the notification under section 5; or
(d) failure or stoppage of any water in a channel or irrigation work where such failure
or stoppage is due to,-
(i) any cause beyond the control of the authority incharge of the irrigation work;
(ii) the execution of any repairs, alterations or additions to the channel or
irrigation work;
(iii) any measures considered necessary by the Irrigation Officer,
regulating the proper flow of water in the channel or for maintaining the established
course of irrigation; or
(iv) circumstances mentioned under clauses (a) to (f) of section 29:
Provided further that any person who suffers loss from any stoppage or diminution of
water supply to his land due to any causes named in clause (d) of the preceding proviso
shall be entitled to such remission of the water rate payable by him as may be
authorised by the State Government.
20
Limitation of claims.- No claim for compensation under this Act for any
damage shall be entertained after the expiration of one year from the time when the
damage complained of commenced, provided that the Deputy Commissioner on
sufficient cause shown to his satisfaction by the claimant for not making the claim within
such period, may condone the delay, and entertain the claim.
Compensation for damage caused by entry on land, etc.- (1) In every case
of entry upon any land or building or the utilisation of materials under sections 5, 6, 7
and 8, the Irrigation Officer or the person making the entry shall ascertain and record the
extent of the damage, if any, caused by the entry, or in the execution of any work, to any
crop, tree, building or other property and the value of the materials taken or utilised and,
within one month from the date of such entry, compensation shall be tendered by the
Irrigation Officer to the land-holder or owner of the property, as the case may be.
(2) If such tender is not accepted within a week of such tender, the Irrigation Officer
shall forthwith refer the matter to the Deputy Commissioner for the purpose of
determining the amount of compensation.
Claims to be preferred to the Deputy Commissioner.- (1) All claims for
compensation under this Act other than claims of the nature provided for in section 35
shall be made to the Deputy Commissioner of the district in which such claim or part of it
arises.
(2) The Deputy Commissioner shall enquire into all such claims and determine the
amount of compensation, if any, which should be awarded. In determining such amount,
the Deputy Commissioner shall, 1
[x x x]1
be guided by the provisions of sections 23
and 24 of the Land Acquisition Act, 1894 1
[x x x]1
:
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Provided that regard shall be had to the diminution in the market value, at the time to
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
twelve 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:
Provided further that no order determining the amount of compensation shall be
made by the Deputy Commissioner under this section without the previous approval of
the State Government or such officer as the State Government may appoint in this
behalf.
Appeal.- Any person aggrieved by the order of the Deputy Commissioner under
section 35 or section 36 may, within ninety days from the date of communication of the
order, prefer an appeal to the 1
[Karnataka Revenue Appellate Tribunal]1
.
Adapted by the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973.
Compensation when due and interest payable.- All sums of money payable
for compensation awarded under this Chapter shall become due three months after the
final award is made, and simple interest at the rate of four per centum per annum shall
be allowed on any such sum remaining unpaid after the said three months, except when
the non-payment of such sum is caused by the neglect or refusal of the claimant to apply
for or receive the same.
1
[39 x x x]1
21
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
CHAPTER VI
OF OBTAINING LABOUR IN EMERGENCIES
Requisition of labour for urgent works or repairs etc.- (1) Whenever it
appears to an Irrigation Officer or in his absence to the Tahsildar that,-
(a) (i) unless some work or repair is immediately executed an irrigation work
would sustain such serious damage as to cause sudden and extensive
public injury, or
(ii) unless some clearance of an irrigation work which is necessary in order
to maintain the established course of irrigation or drainage is immediately
executed serious public loss would occur, and
(b) persons necessary for the proper execution of such work, repair or clearance
cannot be obtained in the ordinary manner in time to prevent such injury or
loss,
it shall be lawful for such officer to either himself call upon or to require the patel of the
village or villages in the vicinity to call upon all or any of the able bodied persons who
reside or hold land in or near the locality where such work, repair or clearance has to be
executed to assist in the execution of the same as such officer or other person
authorised by him in this behalf may direct.
(2) In calling upon the able bodied persons to assist the execution of any work under
sub-section (1), no discrimination shall be made on grounds of religion, race, caste or
class or of any of them.
(3) Every person so requisitioned shall be deemed to be a public servant within the
meaning of the Indian Penal Code.
(4) An order made under sub-section (1), shall be immediately reported to the
Deputy Commissioner and the Canal Officer.
Payment to persons requisitioned.- All persons complying with the requisition
under section 40 shall, as soon as may be reasonably practicable, and in any case
within fifteen days from the date of such compliance, be paid by the Canal Officer or the
Tahsildar, as the case may be, for the work done by them at fifty per cent in excess of
the rate payable for the time being prescribed by the competent authority of the Public
Works Department to persons attending to similar work:
Provided that for work done at night, payment shall be made at double such rates.
Appeals against order under section 41.- Any person who does not accept
the amount tendered in payment under section 41 may appeal, within thirty days from
the date of such tender, to the Deputy Commissioner whose decision shall be final.
CHAPTER VII
MAINTENANCE OF IRRIGATION WORKS
Power to take over irrigation works for maintenance by Government.- If the
State Government considers that in the interest of the proper irrigation of lands under
any irrigation work maintained by any person or body of persons, the work of
maintenance in a fit state of repair of such irrigation work should be undertaken by the
State Government, and the cost of such maintenance or any part thereof recovered from
the holders of lands benefited by such irrigation work, the State Government may, by
22
notification, make a declaration to that effect, and thereafter the State Government shall
take over and maintain in a fit state of repair such irrigation work:
Provided that no artificial reservoir owned by any land holder which is actually used
for the purpose of irrigation by such land holder shall be notified under this section
except,-
(i) on the request of land holder; or
(ii) if in the opinion of the State Government such notification is necessary in the
public interest:
Provided further that where a notification is issued in accordance with clause (ii) of
the preceding proviso, the land holder concerned shall be paid such compensation for
his rights as may be awarded by the Deputy Commissioner of the district after such
enquiry as may be prescribed.
Levy of maintenance cess.- (1) The State Government shall levy a
maintenance cess at rupees four per acre per annum on all lands in the area benefited
by any irrigation work maintained by the State Government, the Tungabhadra Board or a
1
[Zilla Panchayat or a Taluk Panchayat]1
or other authority:
Substituted by Act 24 of 2000 w.e.f. 14.6.2000.
Provided that where water is not made available for the use of any land benefited by
an irrigation work for a period of not less than two consecutive years, the maintenance
cess shall not be payable in respect of such land during the said period:
Provided further that where the maintenance cess has been paid for any year in
respect of which such cess is not payable under the preceding proviso the amount so
paid shall be refunded or adjusted towards the liability to pay the cess in respect of any
later year in which water is made available for the use of such land:
1
[Provided also that no maintenance cess shall be levied and collected under this
sub-section in respect of any land in the area benefited by any irrigation work maintained
by a Water Users Society 2
[or Water Users Association]2
.]1
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Inserted by Act 9 of 2000 w.e.f. 25.2.2002.
(2) On and from the date of levy of the maintenance cess under sub-section (1), the
irrigation cess, if any, levied as a separate charge on the lands liable to pay
maintenance cess shall cease to be levied.
(3) The maintenance cess shall be a tax on the land in respect of which it is payable,
and the provisions of the 1
[Karnataka]1
Land Revenue Act, 1964 (1
[Karnataka]1
Act 12 of
1964) and the rules thereunder shall apply to the payment and recovery of the
maintenance cess as they apply to the payment and recovery of the land revenue due
upon the land in respect of which the maintenance cess is payable.
Adapted by the Karnataka Adaptions of Laws order 1973 w.e.f. 1.11.1973.
Payment to Tungabhadra Board, etc.- Where under any law for the time being
in force the duty of maintenance of any irrigation work devolves on the Tungabhadra
Board, a 1
[Zilla Panchayat or a Taluk Panchayat]1
or other authority, an amount equal to
the amount collected as maintenance cess on lands benefited by such irrigation work
during every year shall be paid to the Tungabhadra Board, the 1
[Zilla Panchayat or a
Taluk Panchayat]1
or other authority concerned, in such manner as may be prescribed.
23
Substituted by Act 24 of 2000 w.e.f. 14.6.2000.
CHAPTER VIII
SAFEGUARD OF IRRIGATION WORKS
Limitation in respect of irrigation works.- Except as may be prescribed, no
person other than the Irrigation Officer shall,-
(a) interfere with or divert the course of a natural stream; or
(b) construct any earthern or masonry bund or weir on any channel or stream,
flowing above or below any field channel.
Interference with the functioning of cross drainage works.- No person,
except with the written permission of the Irrigation Officer, shall obstruct the proper
functioning of the various cross drainage works, such as culverts, aqueducts, superpassages, syphons, weirs and allied works constructed for the safety of the canals or
channels.
Obligations of owners in respect of works affecting safety of canals.- (1)
Every owner whose tank, well, pond, spring pond, talaparige or other reservoir is
situated above any irrigation work, shall maintain the bunds and surplussing
arrangements of such tank, well, pond, spring pond, talaparige or reservoir in a safe and
efficient condition.
(2) If, in the opinion of the Irrigation Officer, such bunds or surplussing arrangements
of the works referred to in sub-section (1) are not in a fit condition and are likely to
endanger the irrigation works below, then the owner concerned shall be served with a
notice to bring such bunds or surplussing arrangements to a reasonably fit condition, in
such manner and within such time as may be specified in the notice.
(3) If the said owner fails to comply within the time specified or does repairs which in
the opinion of the Irrigation Officer are unsatisfactory, the Irrigation Officer may carry out
the necessary repairs and the cost thereof shall be recovered from the said owner as an
arrear of land revenue.
(4) From any order of the Irrigation officer under this section an appeal shall lie
within one month from the date of communication of the order, to the Deputy
Commissioner, whose decision thereon shall be final.
Mining or quarrying near irrigation works.- No person shall conduct mining
or quarrying operations requiring the use of explosives within a distance of one kilometer
from the boundaries of an irrigation work without the written permission of the Irrigation
Officer.
Excavation of wells near irrigation works.- Save as provided in sub-sectiion
(2) of sectiion 4, no new well shall be excavated within such distance as may be
specified by the State Government from time to time, from the boundaries of an irrigation
work, without the written permission of the Irrigation Officer.
Operation of sluice gates, etc.- No person other than the Irrigation Officer or
other person duly empowered by the Irrigation Officer in this behalf, shall have the right
to operate a sluice gate, regulator or flood gate of a reservoir, canal or channel.
24
Fishing and plying of boats, etc.- No person shall have the right to fish or ply
any vessel in a reservoir or tank or across or along a canal or channel maintained or
controlled by the Government without the permission in writing of the State Government
or of such officer as may be empowered in this behalf by the State Government, and
except under such terms and conditions and subject to payment of such fees as may be
prescribed:
Provided that no permission for fishing in any tank with an achkat of not more than
five hundred acres shall be granted by any officer empowered under this section except
with the concurrence of the Irrigation Officer.
Letting out of water from canal prohibited.- No person other than the
Irrigation Officer or any officer duly empowered in this behalf shall let out water from a
canal or channel by cutting the bund, constructing a sluice or outlet or any other similar
contrivance.
Depositing produce of mines in or near channels prohibited.- No person
shall deposit any produce of mines in or near any channel or other work, whether natural
or artificial, through which rain or other water flows into any irrigation work.
CHAPTER IX
PENALTIES AND PROCEDURE
Offences under the Act.- Whoever voluntarily and without proper authority,-
(i) damages, alters, enlarges or obstructs any irrigation work ;
(ii) interferes with, increases, or diminishes the supply of water in, or the flow of
water from, through, over, or under any irrigation work or by any means raises or
lowers the level of the water in any irrigation work;
(iii) opens, shuts or obstructs or attempts to open, shut or obstruct any sluice or outlet
or any other similar contrivance in any irrigation work;
(iv) corrupts or fouls the water of any irrigation work so as to render it less fit for the
purpose for which it is ordinarily used;
(v) destroys, defaces or moves any land-mark or level-mark or water-guage fixed by
the authority of a public servant;
(vi) destroys, tampers with, or removes any apparatus, or part of any apparatus, for
controlling, regulating or measuring the flow of water in any irrigation work;
(vii) causes any animal or vehicle to pass on or across any of the works, banks,
canals or channels of an irrigation work contrary to rules made under section 71
after he has been required to desist therefrom;
(viii) causes or permits any animal to graze or be tethered upon the bank
of any irrigation work;
(ix) removes or injures any tree, bush, grass or other vegetation intended
for the protection of any irrigation work;
(x) puts up a dam across or otherwise obstructs the free course of water the right to
which vests in the Government;
(xi) being responsible for the maintenance of the field channel or using the field
channel, neglects to take proper precautions for the prevention of
25
waste of the water thereof, or interferes with the authorised distribution of the
water therefrom or uses such water in an unauthorised manner;
1[(xii) x x x]1
Omitted by Act 12 of 1969 w.e.f. 19.6.1969
(xiii) contravenes any provisions of this Act;
(xiv) contravenes any rule made under section 71, the contravention whereof is
declared in the rules made under that section to be an offence punishable under
this section,
shall, on conviction, be punished for offences under clauses (vi), (x), (xi) 1
[x x x]1
with
imprisonment for a term which may extend to one year or with fine which may extend to
one thousand rupees or with both and for offences under any other clause with
imprisonment for a term which may extend to two months, or with fine which may extend
to five hundred rupees or with both:
Omitted by Act 12 of 1969 w.e.f. 19.6.1969.
Provided that for a second or subsequent offence under clauses (vii) and (viii) such
fine shall not be less than fifty rupees and under the other clauses such fine shall not be
less than two hundred and fifty rupees:
Provided further that in the case of a continuing offence a daily fine not exceeding
fifty rupees during the period of the continuance of the offence shall also be imposed.
Persons convicted under section 55 liable to repair the damage, etc.-
When any person is convicted of an offence under section 55, the Magistrate may order
that the said person shall remove the obstruction or repair the damage or replace or
repair the land mark, level mark, water-gauge or apparatus in respect of which the
conviction has taken place within a period to be fixed in such order. If such person
neglects or refuses to obey such order within the period so fixed, the Irrigation Officer
may carry out the work in accordance with such order and the cost thereof shall be
recoverable from such person as an arrear of land revenue.
Abetment.- Whoever abets any offence punishable under this Act, or attempts
to commit any such offence shall be punished with the punishment provided in this Act
for such offence.
Punishment for vexatious exercise of power.- (1) If any officer or other
person duly empowered to take action under this Act, exercises without reasonable
cause for the purpose of vexation or with malicious intention any power under this Act,
he shall, on conviction, be punished with imprisonment which may exted to six months or
with fine which may extend to one thousand rupees or with both.
(2) No prosecution under sub-section (1) shall be entertained except on a complaint
by an officer authorised by the State Government in that behalf.
Punishment under other laws not barred.- Nothing contained in this Act shall
prevent any person from being prosecuted under any other law for the time being in
force for any act or omission made punishable by this Act.
Offences under this Act to be cognizable.- All offences under this Act except
offences under clauses (vii) and (viii) of section 55, shall be cognizable.
1
[60A. Compounding of offences.- (1) Subject to such restrictions and conditions
and in such manner as may be prescribed, Irrigation Officer may either before or after
26
initiation of any proceeding for an offence punishable under this Act or the rules made
thereunder accept a sum of money not exceeding five thousand rupees by way of
composition of an offence which such person has committed or is suspected to have
committed.
(2) On payment of such money, such person if in custody, shall be discharged,
property, if any, sized shall be relased and no further proceeding shall be taken against
such person or property.]1
Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
Power to remove obstruction or damage to work.- Any person in charge of or
employed upon any irrigation work, may remove from the land or buildings belonging
thereto, or may take into custody without a warrant, and without unnecessary delay
make over to a police officer or in the absence of a police officer take or cause to be
taken in custody to the nearest police station, any person who within his view-
(a) wilfully damages, alters, enlarges or obstructs any irrigation work;
(b) without proper authority interferes with the supply or flow of water, in or from any
irrigation work so as to endanger, damage or render less useful such irrigation work.
Payment of fine as reward to informant.- Whenever any person is fined for an
offence under this Act, the court which imposes such fine, or which confirms in appeal or
revision a sentence of such fine, or a sentence of which such fine forms a part, may
direct that the whole or any part of such fine may be paid by way of reward to any
person who gave information leading to the detection of such offence or to the conviction
of the offender.
If the fine is ordered to be paid as a reward by a court whose decision is subject to
appeal or revision, the amount ordered to be so paid, shall not be paid until the period
prescribed for presentation of the appeal has elapsed, or if an appeal is preferred till
after decision of the appeal.
1
[CHAPTER IXA
FUNCTIONS OF 1
[WATER USERS SOCIETY AND WATER USERS ASSOCIATION ETC.,]1
Substituted by Act 9 of 2000 w.e.f. 25.2.2002.
62A. Functions of Water Users Society.- Water Users Society shall perform the
following functions, namely:-
(1) to develop irrigation infrastructure by availing institutional finance;
(2) to procure water in bulk on volumetric basis from the Irrigation Department or
Krishna Jala Bhagya Nigama or Karnataka Neeravari Nigam 1
[or Cauvery Neeravari
Nigam Limited or any other body or Corporation established by the State Government
for this purpose]1
and distribute it to the land holders in accordance with the principles
laid down by the General Body for equitable distribution of water;
Inserted by Act 29 of 2010 w.e.f. 27.07.2010.
(3) to operate and maintain canals situated within its jurisdiction;
(4) to levy and collect water charges and service charges from the land holders;
(5) to educate and train land holders in the efficient and economical use of water
and adoption of new technology as well as to implement necessary programmes;
(6) to prepare water budget and financial budget for each irrigation season;
27
(7) to resolve disputes that may arise among land holders;
(8) to mobilise financial resources for undertaking activities and efficient
management of the society;
(9) to implement or execute on farm development works;
(10) to assist the Irrigation Department and Command Area Development Authority in
implementing irrigation and drainage works;
(11) to levy water charges and service charges on non-members at rates approved by
the General Body of the Society;
(12) to send annually to the prescribed authority on or before the prescribed date, an
audit statement of all receipts and expenditure for the year ending;
(13) to send a statement of a the assets and liabilities of the society on or before such
date and to such authority as may be prescribed;
(14) the General Body of the Society shall prepare guidelines and decide the
procedures for its day to day functioning, in conformity with the bye-laws of the society
and conditions of the agreement to be entered into with the Executive Engineer
concerned;
(15) the Society shall furnish such information as may be prescribed to the prescribed
authority;
(16) to encourage avenue plantation in its area of operation;
(17) to do such other acts as may be prescribed.
62AA. Functions of Water Users Association:- Water Users Association shall
perform the following functions, namely:-
(1) To develop irrigation infrastructure by availingd institutional finance;
(2) To procure water in bulk on volumetric basis from the Irrigation Department or
Krishna Jala Bhagya Nigam or Karnataka Neeravari Nigam 1
[or Cauvery Neeravari
Nigam Limited or any other body or Corporation established by the State Government
for this purpose]1 and distribute it to the land holders in accordance with the principles
laid down at the General meeting for equitable distribution of water;
Inserted by Act 29 of 2010 w.e.f. 27.07.2010.
(3) To operate and maintain canals within its jurisdiction;
(4) To collect water charges and service charges from the landholders;
(5) To educate and train landholders in the efficient and economical use of water
and adoption of new technology as well as to implement necessary programmes;
(6) To prepare water budget and financial budget for each irrigation season;
(7) To resolve disputes that may arise among landholders;
(8) To mobilize financial resources for undertaking activities and efficient
management of the Waters Users Association;
(9) To implementsd or execute on farm development works;
(10) To assist the Irrigation Department in irrigation and drainage works;
(11) To collect water charges and service charges from non-members at rates
approved in the General meeting of the Water Users Association;
28
(12) To send annualty to the prescribed authority on or before the prescribed date, an
audit statement of all receipts and expenditure for the year ending;
(13) To send a statement of the assets and liabilities of the Water Users Association
on or before such date and to such authority as may be prescribed.
(14) To get approval in the General meeting of the Water Users Association to the
guidelines and procedures for the day to day functioning of the Association in conformity
with rules and regulations of the Water Users Association and also the conditions of the
agreement to be entered into with the Executive Engineer concerned;
(15) To furnish such information as may be prescribed to the prescribed authority;
(16) To encourage avenue plantation in its area of operation;
(17) To do such other acts as may be prescribed.”
62B. Functions of Water Users Distributary Level Federation.- The Water Users
Distributary Level Federation shall perform the following functions, namely:-
(1) to prepare an operational plan based on its entitlement, area, soil and cropping
pattern at the beginning of each irrigation season consistent with the operational plan
prepared by the project level federation;
(2) to identify the critical maintenance work that are to be carried out and prioritise
these works;
(3) to monitor the maintenance work being executed and ensure that they conform
to prescribed standards;
(4) to monitor and regulate the use of water among various societies in its area of
operation;
(5) to abide by the decisions of the Water Users Project Level Federation;
(6) to undertake periodical social audit;
(7) to promote economy in the use of water;
(8) to encourage avenue plantation in its area of operation;
(9) to prepare water budgets and crop plans.
62C. Functions of Water Users Project Level Federation.- The Water Users
Project Level Federation shall perform the following functions, namely:-
(1) to prepare an operational plan based on its entitlement, area, soil and cropping
pattern at the beginning of each irrigation season;
(2) to identify the critical maintenance works that are to be carried out and prioritise
these works;
(3) to monitor that maintenance work being executed and ensure that they conform
to prescribed standards;
(4) to prepare water budgets and crop plans;
(5) to undertake periodical social audit;
(6) to promote economy in the use of water;
(7) to encourage avenue plantation in its area of operation.
62D. Water Users Apex Level Federation.- (1) The committee of management of
the Water Users Apex Level Federation shall consist of the following members, namely:-
29
(a) the Minister-in-charge of major and medium irrigation, Government of
Karnataka who shall be the Chair person;
(b) the Minister-in-charge of minor irrigation, Government of Karnataka who shall
be the Co-chairperson;
(c) the Secretary to Government, Irrigation Department, Government of
Karnataka;
(d) one expert in the field of participatory irrigation management nominated by
the State Government;
(e) Chief Executive / Managing Director of the Water Users Apex Level
Federation;
(f) Chair persons of all the Command Area Development Authorities;
(g) such number of persons representing different projects of minor irrigation and
lift irrigation works in the State and elected in such manner as may be specified in the
bye-laws of the Water Users Apex Level Federation.
(2) Vice-Chair person shall be elected from amongst the member of the Water Users
Apex Level Federation.
(3) The Water Users Apex Level Federation shall make recommendation to the
State Government on the policies to be adopted and the guidelines to be formulated
regarding construction, maintenance and regulation of irrigation work and supply of
water therefrom.
(4) The Water Users Apex Level Federation may give directions to the Water Users
Project Level Federation, Water Users Distributary Level Federation and the Water
Users Society to carry out the purposes of this Act.
62E. Effect of other laws.- Save as otherwise provided in this Act, the provisions
of this Act and the rules made thereunder shall have effect notwithstanding anything
inconsistent therewith contained in any other law.
62F. Power to exempt certain projects.- The State Government having regard to
the size and nature of any irrigation project or works, may, by notification, exempt such
project or works from the application of the provisions relating to Water Users
Distributary Level Federation or Water Users Project Level Federation.]1
Chapter IXA Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
CHAPTER X
MISCELLANEOUS
Recovery of cost of repairing damage when the offender is
unascertainable.- When the person causing any damage, alteration, enlargement or
obstruction to any irrigation work without proper authority cannot, after such enquiry as
the Deputy Commissioner may deem sufficient, be ascertained or identified, the Deputy
Commissioner may, on a requisition from the Irrigation Officer, after giving not less than
one month’s notice to the holders and occupiers of all lands benefited thereby, and after
hearing their representations, if any, recover from them, as an arrear of land revenue, in
such proportion as he thinks fit, the cost of repairing such damage, or of removing such
alteration, or obstruction.
Liability when person using water unauthorisedly cannot be found.- (1) If
water supplied through a field channel is used in any unauthorised manner, and if the
30
person by whose act or neglect such use has occurred cannot be found after such
enquiry as the Irrigation Officer may deem sufficient, the Irrigation Officer after giving not
less than one month’s notice to the holders and occupiers of all lands benefited thereby
and after hearing their representations, if any, make an order for the recovery of such
charges as may be prescribed for such use from such holders and occupiers in such
proportion as he may find just.
(2) All charges for the unauthorised use of water determined under sub-section (1)
shall be recoverable as an arrear of land revenue.
Appeals against orders under the Act.- Any person aggrieved by an order of
an Irrigation Officer under section 12 or 24 may within thirty days from the date of
communication of the order, prefer an appeal to the Deputy Commissioner of the district.
Power of revision.- The Divisional Commissioner may call for and examine the
records of the proceedings under this Act of a Deputy Commissioner or an Irrigation
Officer or any officer subordinate to the Deputy Commissioner or the Irrigation Officer
for the purpose of satisfying himself as to the correctness, legality or propriety of any
decision or order passed and the regularity of the proceedings of such officer.
When on examination of the records of any case, the Divisional Commissioner
considers that any order or decision of such officer should be revised, such order or
decision may be revised or altered and the Divisional Commissioner may pass such
other orders as he may deem just.
Power to summon and examine witnesses.- Any officer empowered under
this Act to conduct any enquiry, may exercise all such powers connected with the
summoning and examining of witnesses and the production of documents as are
conferred on a civil court, by the Code of Civil Procedure, 1908, and every such enquiry
shall be deemed to be a judicial proceeding for purposes of sections 193 and 224 of the
Indian Penal Code.
Service of notices.- Service of any notice under this Act shall be made by
delivering or tendering a copy thereof signed by the officer therein mentioned.
Whenever it may be practicable, the service of the notice shall be made on the person
therein named. When such person cannot be found, the service may be made on any
adult male member of his family residing with him; and if no such adult male member
can be found, the service of the notice may be made by sending a copy of such notice
by registered post to such person at his usual place of residence.
Bar of certain proceedings, etc.- (1) No suit, prosecution or other proceeding
shall lie against any officer or servant of the State Government, for any act done or
purporting to be done under this Act, without the previous sanction of the State
Government .
(2) No officer or servant of the State Government shall be liable in respect of any
such act in any civil or criminal proceeding if the act was done in good faith in the course
of the execution of duties or the discharge of the functions imposed by or under this Act.
(3) No suit shall be instituted against the State Government in respect of any act
done unless the suit is instituted within six months from the date of the act complained
of.
31
(4) In the case of an intended suit against any officer or servant of the State
Government under sub-section (1), the person intending to sue shall be bound to give
the officer or servant, as the case may be, one month’s notice at least of the intended
suit with sufficient description of the cause of action, failing which such suit shall be
dismissed.
(5) Save as otherwise expressly provided in this Act, no civil court shall entertain any
suit instituted in respect of any matter to which this Act applies.
Offences by companies.- (1) If the person committing an offence under this
Act is a company, the company as well as every person in charge of, and responsible to
the company for the conduct of its business at the time of the commission of the offence
shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or that the commission of the offence is
attributable to any neglect on the part of, any director, manager, secretary, or other
officer of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.- For the purpose of this section,-
(a) “company” means any body corporate and includes a firm or other association of
individuals, and
(b) “director” in relation to a firm means a partner in the firm.
Power to make rules.- (1) The State Government may, after previous
publication, by notification, make rules for the purpose of carrying out the provisions of
this Act, and such rules may be general for all irrigation works or may be special for one
or more irrigation works, as may be specified in such rules.
(2) Without prejudice to the generality of the foregoing power, such rules may be
made in respect of the following matters:-
(a) the proceedings of any officer who under any provision of this Act is
required or empowered to take action in any matter;
(b) the amount of and charges to be made under this Act;
(c) the economic use of water supplied from any irrigation work;
(d) the manner in which and the officer by whom complaints, as to the
inadequacy of means of crossing shall be investigated under section 10;
(e) regulating the period of opening and closing of channels distributaries and
sub-distributaries of irrigation works.
(3) All rules made under this Act shall, subject to any modification made under subsectiion (4), have effect as if enacted in this Act.

The Karnataka Irrigation Act, 1965

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