Orissa Irrigation Act, 1959
(1) This Act may be called the Orissa Irrigation Act, 1959.
(2) It extends to the whole of the State of Orissa.
CASE LAWS :
Section 1 - Orissa Irrigation Rules, 1961 - Rules 13 and 20 - Application of the provisions and procedures to be followed, indicated - Publication of notice in Form 'F' in every village from which water-course is proposed to be taken is mandatory - Purpose explained : 1995 (I) OLR (NOC) 45 (Page 22).
Section 1 shall come into force at once. The State Government may, by notification in the Official Gazette, apply2 the rest of the provisions of this Act, or any portion thereof to any local area or to any irrigation work or class of irrigation works, and may also, any irrigation work or class of irrigation works, and may also, by a like notification subsequently exclude any portion of such local area or any such irrigation work or class of irrigation works from the operation of this Act, from such date as may be specified therein.
On the date of application of this Act or any portion thereof to any local area or to any irrigation work or class of irrigation works by a notification under Section 2, such of the Acts specified in the Schedule and the rules and orders made thereunder as were in force in the area to which they apply and all laws, rules or orders in force and applicable to the areas other than those mentioned in the Schedule and now forming part of the State of Orissa shall in respect of that area or areas or any irrigation work or class of irrigation works, stand repealed :
For Statement of Objects and Reasons see Orissa Gazette Ext. No. 486/4.12.1957 and for Report of Select Committee see ibid No. 614/13-12-1958.
1.Added vide Orissa Gazette Ext. No. 133/2.2.1994-Notfn. No. 1769-Legis/2.2.1994-O.A. No. 3 of 1994.
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In this Act, unless there is anything repugnant in the subject or context-
(1)Board of Revenue-"Board of Revenue" means the Board of Revenue as constituted under the Orissa Board of Revenue Act, 1951 (Orissa Act 23 of 1951) as amended by the Orissa Board of Revenue (Amendment) Act, 1957 (Orissa Act 18 of 1957);
(2)Collector-"Collector" means the Collector of a district and includes a Deputy Commissioner or other officer appointed under the Act by the State Government to exercise all or any of the powers of a Collector;
(3)Commissioner-"Commissioner" means a Revenue Divisional Commissioner as defined in the Orissa Revenue Divisional Commissioners Act, 1957 (Orissa Act 19 of 1957);
(4)Compulsory basic water-rate-"compulsory basic water-rate" means a f
.-(1) Any Irrigation Officer, or any person acting under the general or special Order in writing of an Irrigation Officer, may-
(a)enter upon any lands adjacent to any irrigation work or water-course, or through which any irrigation work or water-course is to be made, and undertake surveys or levels thereon;
(b)dig and bore into sub-soil;
(c)make and set up suitable land-marks, level-marks, watergauges and other apparatus;
(d)do all other arts necessary for the proper prosecution of any inquiry relating to any existing or projected irrigation work or watercourse under the charge of the said Irrigation Officer;
(e)where otherwise such inquiry cannot be completed, cut down and clear away any part of any sta
(1) In case of any accident happening or being apprehended to an irrigation work, any Irrigation Officer or any person acting under his general or special orders in writing in this behalf, may enter upon any lands adjacent to such irrigation work, and may execute all works which may be necessary for the purpose of repairing the damages caused by or preventing such accident.
(2) In every such case the Irrigation Officer shall tender compensation within one month to the owner or occupier of the said lands for all damages caused thereto by the entry or by any works executed thereon. If such tender is not accepted, the Irrigation Officer shall refer the matter to the Collector who shall thereupon give notice in writing to the person or persons interested in such land and to the Irrigation Officer requiring them to attend before him on a date to be fixed in the notice for the purpose of making enquiry as to the amount of compen
Whenever it appears to the State Government that injury to any land or to the public health or public convenience has arisen or may arise from the obstruction of any river, spring, stream, irrigation work or drainage work, they may, by notification published in the Gazette, prohibit within limits to be defined in such notification, the formation of any obstruction, or may, within such limits, or the removal or modification of such obstruction.
(1) The Collector, or any Irrigation Officer authorised by the State Government in this behalf, may, after such publication, issue an order to the person causing or having control over any such obstruction to remove or modify it within a time fixed in the order.
(2) If, within the time so fixed, such person does not comply with the order, the Collector or the said Irrigation Officer may remove or modify the obstruction and the expenses incurred in such removal or modification shall be recoverable from the person concerned as arrears of land revenue :
Provided that the Collector or the Irrigation Officer authorised by the State Government may, in cases of emergency, remove the obstruction before publication and the expenses incurred shall be recoverable in the same manner.
-(1) There shall be provided, at the cost of the State Government, suitable means of crossing canals constructed or maintained at the cost of the State Government at such places as the State Government think necessary for the reasonable convenience of the inhabitants of the adjacent lands.
(2) On receiving a statement in writing, signed by not less than five persons who may be owners or occupiers of such lands, to the effect that suitable crossings have not been provided on any canal, the Collector shall cause an enquiry to be made in the matter and if he thinks that the statement requires favourable consideration, he shall report his opinion thereon for the consideration of the State Government, and the State Government shall cause to be taken such measures in reference thereto in the prescribed manner.
-(1) Whenever it appears to the Irrigation Officer or any officer acting under his general or special orders in this behalf, that, unless some work is immediately executed, such serious damage shall happen or continue to happen to any irrigation work as is likely to cause or continue to cause serious public injury or serious interruption of the normal course of irrigation and that the labour necessary for the proper execution thereof cannot be obtained in the ordinary manner in time to prevent such injury or interruption or to remedy it within a reasonable time, the Irrigation Officer, or any officer acting under the said orders, may, by public proclamation by beat of drum, require every owner and occupier of irrigable land resident in any village within five miles of the place where the work is to be executed, and every agricultural labourer employed by them, to attend in person at such place aid to carry out such duties as
For the purpose of making use of the water of an Irrigation Work the water-courses shall be constructed by the persons to be benefited at their own cost.
-(1) Any owner of land desiring the construction, extension, improvement or alteration of a water-course may apply in writing to the Irrigation Officer, and the said Officer may, after giving such notice and causing such enquiries as may be prescribed either permit the applicant to construct, extend, improve or alter the said water-course or, if the applicant so desires, have it constructed, extended, improved or altered through Government Agency on such terms and conditions to be fixed by the Irrigation Officer as regards payment of costs, mode of execution, time of completion, facilities to be afforded by the applicant to safeguard other interests or to benefit other lands whose owners may apply for the same, and other matters as may be relevant in each case or may reject the application.
(2) Any person aggrieved by an order under Sub-section (1) may within thirty days from the d
No water-course constructed, extended, improved or altered under the provisions of Section 12 shall be altered without the consent of the Irrigation Officer.
All owners and occupiers of land receiving supply of water from a specified water-course shall be bound-
(a)to maintain such water-course in a fit state of repair;
(b)to allow the use of it to any person entitled to the same by reason of an order passed under Section 12 or otherwise;
(c)to construct and maintain all works necessary for the passage across such water-course of canals, water-courses, drainage, channels and public roads existing at the time of such construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the occupants of the neighbouring lands.
(1) If the owners and occupiers of lands receiving supply of water from a specified water-course fail to fulfil any obligation imposed on them by Clauses (a) and (c) of Section 14, the Irrigation Officer may require them by public notice to execute the necessary work or repair within such period as may be prescribed not being less than five days from the date of the said notice and in case of their default the Irrigation Officer may execute the same on their behalf.
(2) The expenses incurred by the Irrigation Officer on any work or repair under Sub-section (1) shall be recoverable pro rata on the basis of the acreage of land benefited by the water-course from the defaulters as arrears of land revenue.
Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a water-course, of among joint owners of a water-course as to their respective shares of the expenses of constructing or maintaining such water-course or as to the amount severally to be contributed by them towards such expenses or as to failure on the part of any owner to contribute his share, any person interested in the matter of such dispute may apply in writing to the Irrigation Officer stating the matter in dispute.
Such officer shall thereupon proceed to make a summary enquiry into the matter in the manner prescribed and pass orders thereon.
Against the said order of the Irrigation Officer an appeal shall lie to the Collector within thirty days from the date of communication of the said order and the decision of the Co
No land acquired under this Chapter for a water-course shall be used for any other purpose without the previous consent in writing of the Collector.
Notwithstanding the provisions contained in Sections 12 and 13 of this Chapter if the State Government consider it expedient to construct the water-courses pertaining to any irrigation work, they may lay out, construct and maintain at the cost of Government in the first instance, the entire system of water-courses or a substantial section of it, and effect recovery of the cost so incurred from the owners and occupiers of the lands other than the tenants protected under the Orissa Tenants' Relief Act, 1955 (Orissa Act V of 1955) benefited thereby in the form of a general enhancement of the compulsory basic water-rate or water-cess or by the imposition of a special rate per acre in the manner prescribed :
Provided that in consideration of special circumstances the State Government may decide to exempt the said owners and occupiers either wholly or partly from the said payments.
All expenses incurred by the State Government in connection with the construction and maintenance of water-courses and acquisition of lands therefor before the coming into force of this Act under any irrigation, works including the Hirakud Dam Project shall be recovered from the owners and occupiers of the lands other than the tenants protected under the Orissa Tenants' Relief Act, 1955 (Orissa Act V of 1955) benefitey or to be benefited by such water-courses in the form of a general enhancement of the compulsory basic water-rate or by the imposition of a special rate per acre in the manner prescribed under Section 18 :
Provided that in consideration of any special circumstances the State Government may exempt such owners and occupiers either wholly or partly from payment of such water-rate or special rate, as the case may be.
All supply of water from an irrigation work shall be subject to such rules or orders as may be prescribed or issued by the State Government from time to time with respect to rates, conditions or any other matter.
(1) The State Government may, in the public interest regulate the use, diversion, collection or consumption of water from Government water source for industrial and commercial purposes other than agriculture.
(2) On and after commencement of the Orissa Irrigation (Amendment) Act, 1993, no person shall use, divert, collect or consume water from Government water source for any industry or commercial establishment except in accordance with a licence granted under this Act.
(3) The licence referred to in Sub-section (1) shall be subject to such terms and conditions, and shall be obtained from such authority, in such manner, and subject to payment of such fees, as may be prescribed.
(4) Notwithstanding anything contained in Sub-section (1) or in any subsisting contract, any person using, diverting,
(1) Any person desiring to have supply of water from an irrigation work shall submit a written application to that effect to the officer duly empowered to receive such applications within such date, in such form and in such manner as shall from time to time be prescribed by the State Government in this behalf :
Provided that no such application shall be necessary for irrigation of the crop or crops for which a compulsory basic water-rate is levied by the State Government under Section 28 1[or for irrigation on any rabi crop].
1[(1-a) The supply of water for rabi crops shall be made and regulated in such manner and shall be subject to such conditions as may, be prescribed.]
(2) Water supply for purposes other than those of irrigation-If the application be for a supply of water to be used for pu
(1) The supply of water to any water-course or to any person who is entitled to such supply shall not be stopped except under such circumstances and subject to such limitations as are specified below, namely :
(a)whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by a competent authority;
(b)whenever and so long as any water-course by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water therefrom;
(c)whenever and so long as it is necessary to do so in order to supply in rotation the legitimate demand or other persons entitled to water;
(d)whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;
When water is supplied for the irrigation of one or more crops, the permission to use such water shall be deemed to continue only during the period such crop or crops come to maturity.
Every right to the supply of water for agricultural purposes to any land or other immovable property shall be attached thereto and shall be presumed to have been so transferred whenever a transfer of such land or other immovable property takes place.
Right to use of water not transferable in other cases without permission of officers duly empowered-No person entitled to the use of any water or land appertaining to any irrigation work, except in the case where an agreement has been executed in the manner prescribed, shall be entitled to use the water of the said irrigation work, for the purpose of selling or sub-letting, or otherwise transferring his right to such use without the permission of an officer duly empowered to grant such permission.
(1) No claim other than by way of remission of water rates shall lie against the State Government in respect of loss caused by the failure or stoppage of water of an irrigation work by reason of any cause beyond the control of the State Government or of any repair, alteration or addition to the irrigation work, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which is considered necessary.
(2) Claims on account of interruption from other causes-If the Supply of water to any land irrigated from an irrigation work be interrupted otherwise than in the manner specified in the preceding subsection, the Collector may on application allow such remission as may be considered reasonable and his decision in this regard shall be final.
CASE LAW :
(1) For the purpose of irrigation or drainage on lands under the irrigable command of an irrigation work the owners or occupiers of such land shall be bound to afford free passage of water through or over all lands in their possession or under their control without causing unnecessary loss or damage to their lands.
(2) If the owner or occupier refuses to allow free passage for water through or over lands in his possession or control, the Irrigation Officer may take such expeditions steps as he thinks necessary to allow such passage and recover the cost in that behalf, if any, in the manner prescribed.
All irrigation works belonging to or constructed by or on behalf of the State Government shall be classified into such number of classes as the State Government may determine having regard to the cost of construction of the work, the duration of supply of water and the amount of water supplied from such works and the compulsory basic water-rate, water-rate or water cess shall be levied in respect of each such class of irrigation work in any district or specified area at such rates as may be fixed by the State Government in the prescribed manner.
The Irrigation Officer or such officer duly empowered by the State Government shall thereupon in the prescribed manner fix the compulsory basic water-rate and the water-rate payable in respect of each such work in any district or in any specified area according to the classification and the rates as finally determined under Section 27 :
Provided that levy of compulsory basic water-rate shall not be made in respect of low lands which are ordinarily liable to be water logged, the particulars whereof shall be, as may be prescribed :
Provided further that such levy with respect to low lands which do not ordinarily require irrigation except in years of drought shall be at such concessional rate as may be prescribed :
Provided also that such levy with respect to area where lift irrigation is allowed
(1) After closure of consolidation operations carried on in any area under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972), the officer empowered in that behalf by the State Government shall re-assess the water-rate or compulsory basic water-rate, as the case may be, in respect of the lands situate in the said area.
(2) In re-assessing the rates as aforesaid, the officer shall, as far as may be, follow the procedure prescribed for fixation of the rates under Section 28.
1.Inserted vide Orissa Act No. 17 of 1981.
An order passed under Section 28 or Section 28-A may, after giving notice to all persons concerned, be reviewed within the prescribed period by the officer who passed the order or by his successor in office either on his own motion or on an application made by an aggrieved person, on the ground of any clerical mistake or error in the course of proceedings under the said section.
1.Inserted vide Orissa Act No. 17 of 1981.
(1) Any person aggrieved by any order made under Section 28, Section 28-A or Section 28-B may prefer an appeal in the prescribed manner and within the prescribed period to the Sub-divisional Officer having jurisdiction.
(2) The Sub-divisional Officer having jurisdiction may also on his own motion annul or modify any such order as aforesaid :
Provided that no proceedings under this sub-section shall be initiated after the expiry of the prescribed period and no orders shall be passed thereunder without giving the parties concerned a reasonable opportunity of being heard.
2.Substituted ibid.
Any person aggrieved by an order passed by the Sub-divisional Officer under Sub-section (1) or Sub-section (2) of Section 29 may file an application in the prescribed manner and within the prescribed period before the Collector for revision of such order.
1.Inserted vide Orissa Act No. 17 of 1981.
In addition to, or in lieu of the water-rates payable under the provisions of this Act, the State Government may, levy a water cess at such rates and in such manner as shall be prescribed by the State Government from time to time :
Provided that no water cess shall be levied in addition to the compulsory basic water-rate.
Water is said to be used in an 'unauthorised manner' when it is taken from any irrigation work outlet or water-course in contravention of any of the provisions of this Act or of the rules made thereunder or of any order passed by an Irrigation Officer thereunder and its use gives rise to, or may be expected to give rise to, benefits of any kind.
CASE LAW :
Sections 31 and 32 and Rule 47 of Orissa Irrigation Rules, 1961-Infraction of provisions of the Statute-Absence of materials that it was done deliberately in defiance of law, or dishonestly - Levy of penalty held, would not be attracted-Orders of the R.D.C. directing the petitioners to pay water-rate at special rate, vacated : AIR 1970 SC 253 followed.
If water is used in an unauthorised manner and if the person by Whose art or neglect such use has occurred cannot be identified, the occupiers of the lands on which such water has flowed, if such lands have received benefit therefrom, shall be liable to the charges made for such use.
(2) If water supplied through a water-course for a specific purpose be suffered to run to waste, and if, after inquiry by the Irrigation Officer the person through whose act or neglect such water was suffered to run to waste cannot be discovered, the person or persons chargeable in respect of the water supplied for the purpose shall be individually or jointly liable, as the case may be, for the charges made in respect of water so wasted.
All question arising under this section shall be decided by the Irrigation Officer.
(a) The State Government shall prescribe the dates for the payment of charges of compulsory basic water-rate, water-rate and water-cess.
(b) All charges recoverable under the Act remaining unpaid after the due date shall be recoverable with interest at 6 per cent per annum as arrears of land revenue.
The water-rate and cess and other charges payable by any person under this Act in connection with irrigation shall be a charge on the lands benefited and the crops raised thereon.
Notwithstanding anything contained in any other law for the time being in force the water-rate and cess shall be recoverable from the owner and the occupier in such proportion as may be prescribed:
Provided that where such charges remain in arrear either the owner or the occupier may deposit the arrear dues in full in order to save the land and crop thereon from attachment or sale and seek redress in a Civil Court for the recovery of the amount deposited on behalf of the other party.
Where the people of a local area have contributed to the cost of construction of an irrigation work, a rebate in water-rate or cess may be allowed by the State Government for a specified number of years to the persons who had contributed towards such construction. The rebate shall be in the same ratio as the value of such contribution bears to the total cost of construction of such irrigation work. The procedure to be followed for fixation of the annual rate of such rebate and the number of years for which such rebate will continue to be allowed in any district or in any specified area shall be fixed in the Prescribed manner and the same shall be final.
The State Government may direct exemption and recovery of the water-rates and cess recoverable under this Act in the prescribed proportion and manner every year as will appear to them fair and equitable.
(2) The State Government may, by order and subject to such terms and conditions as may be specified therein, delegate their powers under Sub-section (1) to the 9[Sub-divisional Officer] to the exercised by him in relation to the local area within his jurisdiction :
1[Provided that no order shall be made in exercise of the power so delegated without the prior approval of-
(i)where the amount of water-rate or cess involved in any case exceeds five hundred rupees, but does not exceed one thousand rupees, the Collector of the district having jurisdiction; and
For the purposes of this Chapter, the term "water-rate" shall mean "compulsory basic water-rate" or "water-rate", as the case may be.
Whoever voluntarily and without proper authority-
(1)damages, alters, enlarges, reduces or obstructs any irrigation work;
(2)interferes with, or increases or diminishes the Supply Of water in, the flow of water from, through, over or under any irrigation work at by any means raises or lowers the level of the water in any irrigation work ;
(3)corrupts or fouls the water of any irrigation work so as to render it less fit for the purposes for which it is ordinarily used ;
(4)interferes with or alters the flow of water in any river, spring or stream, so as to endanger, damage or render less useful any irrigation work;
(5)destroys, defaces or removes any land or level mark or water-gauge fixed by the authority
Whoever without proper authority-
(1)pierces or cuts through, or attempts to pierce or cut through, or otherwise to damage, destroy or endanger the stability of any irrigation work;
(2)opens, shuts or obstructs, or attempts to open, shut or obstruct any sluice of any irrigation work;
(3)makes any dam or obstruction for the purpose of diverting or opposing the current of a river, spring, stream or canal on the bank whereof there is a flood embankment, or refuses or neglects to remove any such dam or obstruction when lawfully required so to do ;
shall, when such act shall not amount to the offence of committing mischief within the meaning of the Indian Penal Code (45 of 1860) on conviction before a Magistrate of the first or second class, be furnished for each such offence with fine which may
Whenever any person is convicted under either of the last two preceding sections, the convicting Magistrate may order that he shall remove the obstruction or repair the damage in respect of which the conviction is made within a period to be fixed in such order. It such person neglects or refuses to obey such order within the period so fixed, any Irrigation Officer duly empowered in this behalf may remove such obstruction or repair such damage, and the cost of such removal or repair, as certified by the said officer, shall be realised from such person by the Collector as an arrear of land revenue.
Any person in charge of, or employed upon, any irrigation work may remove from the lands or buildings, belonging thereto, or may take into custody without a warrant any person who in his view -
(1)wilfully damages, obstructs or fouls any irrigation work, or
(2)without proper authority interferes with the supply or flow of water, in or from any irrigation work or in any river, spring or stream so as to endanger, damage, make dangerous or render less useful any irrigation work;
and upon so taking him into custody shall produce him forthwith before a Magistrate or at the nearest police-station, to be dealt with according to law.
Nothing herein contained shall prevent any person from being prosecuted under any other law for any act or omission made punishable by this Act :
Provided that no person shall be punished more than once in respect of one and the same act or omission.
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 fine forms part may direct that the whole or any part of such fine or any portion of it 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 be so awarded by a Court whose decision is subject to appeal or revision, the amount awarded shall not be paid until the period prescribed for presentation of the appeal or revision has elapsed, or it an appeal or revision be presented till after the decision of the appeal or revision.
(1) Any Irrigation Officer may accept from any person, against whom a reasonable belief exists that he has committed an offence punishable under this Act or the rules made thereunder, a sum of money not exceeding two hundred rupees, by way of composition for such offence.
(2) On payment of such sum of money, the said person it in custody, shall be discharged, and no further proceedings shall be taken against him in regard to the offence so compounded.
(3) Rules may be made under this Act regulating the procedure to be adopted in compounding an offence.
(1) The State Government, or, subject to such rules as may be made under this Act, any officer so empowered in this behalf, may -
(a)appoint such officers with such designations, define the local limits of jurisdiction of such officers and assign to them respectively such powers and duties under this Act, as the State Government or such officer, may deem fit;
(b)invest any Government Officer in any department, either personally or in right of his office, or any other persons, with such powers, and impose upon him such duties, under this Act, as the State Government or such officer, may deem fit;
Provided that any assignment of, or investment with powers or duties made under this section may at any time be cancelled or varied by the authority who made it.
(2) The State Government shall have
Save as provided for in this Act and rules made thereunder an appeal shall lie against every order passed by an Irrigation Officer or any officer duly authorised by such Irrigation Officer or the Collector under Chapters II, III, IV and V of this Act to the Collector or the Commissioner respectively within thirty days of the date of the order appealed against.
(1) The Board of Revenue or the Commissioner in the prescribed manner may call for and examine the records of the proceedings under this Act of any officer subordinate to him for the purpose of satisfying himself as to the correctness, legality or propriety or any decision or order passed and the regularity of the proceedings of such officer.
(2) When on examining the records of any case, the Board of Revenue or the Commissioner considers that the order or decision of such officer should be revised, he may reverse or alter such order or pass such other order as he may think fit :
Provided that no order adversely affecting any party shall be passed unless the said party is given an opportunity of being heard.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), all offences punishable under this Act shall be cognizable.
Any officer empowered under this Act to conduct any enquiry, may exercise all such powers connected with the summoning and examining the witnesses and the production of documents as are conferred on a Civil Court by the Code of Civil Procedure, 1908 (5 of 1908) and every such enquiry shall be deemed to be a judicial proceeding.
Service of any notice under this Act shall be made in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908).
No Civil Court shall have jurisdiction to entertain any suit relating to this Act except provided in Sections 16 and 35 of this Act.
(1) The State Government may, after previous publication make rules not inconsistent with the provisions of this Act to carry out all or any of the provisions or purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for any matter which has to be or may be prescribed under this Act.
1[(3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible, after they are made for a total period of eleven days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period:]
Provided that no rule with respect to rates as specified in Section 20 shall be deemed to have been made until the expiry of the said period.
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(1) Notwithstanding anything to the contrary in any other law for the time being in force or in any contract, custom, practice or usage the State Government may in respect of any land during the currency of a rent settlement direct any Revenue Officer specially empowered by them in that behalf to take action in accordance with any one or both of the following provisions, namely :
(a)to assign such land, in consultation with the Irrigation Officer having jurisdiction, an irrigation source different from what was obtaining previously; and
(b)where irrigation charges are included in the rent payable in respect of such land to separate such charges from the said rent.
(2) The Revenue Officer after taking action under Sub-section (1) shall amend the record-of-rights in respect of the land according
(1) No suit, prosecution or other legal proceedings shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act or the rules or orders made thereunder.
(2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything done or intended to be done under this Act, unless the suit or prosecution has been instituted within six months from the date of commission of the act complained of.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, do anything, not inconsistent with this Act or the rules made thereunder, which appear to them necessary for the purpose of removing the difficulty.
SCHEDULE
[See Section 3]
Number and yearShort title Extent of application
1 23
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