( बिहार अधिनियम - 11, 1998 )
सिंचाई, तटबंध, जल निकास, जल की दर का निर्धारण एवं उदग्रहण, सुधार-अंशदान से संबंधित विध को समेकित करने तथा तत्संबद्ध विषयों के लिए उपबंध करने हेतु अधिनियम। भारत-गणराज्य के अड़तालीसवें वर्ष में बिहार राज्य विधान-मंडल द्वारा निम्नलिखित रूप में यह अधिनियमित हो:-
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(1) This Act may be called the Bihar Irrigation Act 1997.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
In this Act unless there is anything repugnant in the subject or context-
(1) All rights in the water of any river, natural stream or natural drainage channel, natural lake or other natural collection of water shall vest in the State Government subject to the provisions of Article 262 and Entry 56 of list of seventh schedule of Constitution of India.
(2) When the State Government proposes to construct a canal it shall publish a notification declaring its intention and indicating the site of head work.
(3) No rights shall be acquired against the Government under the provisions of the Indian Easements Act 1882 (No.5 of 1882) in the water of any river, natural stream or natural drainage channel, lake or other natural collection of water, which supply water to a canal existing or under construction at the commencement of this Act or any of whose water will supply the canal when constructed.
Every irrigation work and all land, earth, pathways, gates, berms and hedges belonging to, or forming part of or standing on any such irrigation work and every embarked tow path along the embankment maintained by the State Government shall vest in the State Government.
(1) All plots or parcel of land which, before the commencement of this Act, have been used for the purpose of obtaining earth or other materials for the repair of any irrigation work, natural channel and reservoir, embanked tow path or which by agreement have been substituted for such lands, shall be deemed to be at the disposal of the State Government for such purpose without payment of compensation for the use or removal of such earth or other materials.
(2) The collector may cause all such plots or parcels of land to be ascertained, surveyed and demarcated.
Whenever it becomes necessary to make any enquiry or examination in connection with a projected irrigation work or its construction or with the maintenance of an existing irrigation work or with the application or use of the water of any irrigation work for the purpose of regulation, supply or storage of water, any Canal Officer duly empowered in this behalf may-
Any Canal Officer or any person acting under his general or special orders in this behalf may enter upon any land, building, village channel on account of which any water rate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a canal revenue and of doing all things necessary for the proper regulation and management of the irrigation work from which such water is supplied.
When such Canal Officer or such person proposes to enter into any building or enclosed court or garden attached to a dwelling house not supplied with water flowing from any canal, and not being adjacent to a flood embankment, he shall previously give to the occupier of such building, court or garden such reasonable notice as the urgency of the case may allow.
The Engineer may make repairs and may do all acts necessary and proper for the maintenance of, any irrigation work or any other work executed or taken charge of under the provisions of this Act.
(1) whenever any person desires that a temporary roadway should be made over an irrigation work or that a temporary water channel should be made through any public embankment, or that a temporary dam should be constructed in any embanked river or public water-channel, he shall apply to the Executive Engineer incharge.
(2) Such Engineer shall transmit the application with his opinion to the Superintending Engineer, and shall await his order in respect thereof, unless he thinks that there is special reason for the immediate execution of the work, in which case he may execute the same without awaiting for the orders of the Superintending Engineer.
(3) If the proposed work is to be executed by an officer of the Government, the applicant, before the Commencement of the work, shall deposit the amount estimated by the Executive Engineer to be necessary to defray the expenses of, and incidental to making and removing such roadway, or of and incidental to making, closing, remo
Whenever it is requisite to repair any irrigation work, embankment or water-channel or embanked tow-path maintained by the State Government, it shall be lawful for the Executive Engineer, or any person authorised in that behalf, to enter in and upon any land and take possession of, appropriate and remove any earth or other material there from, and use the same for the purposes of such repairs.
(1) Whenever it appears expedient to the State Government that the water of any river (including its tributaries) or stream flowing in a natural channel or of any lake or any other natural collection of still water or ground water or water flowing in a channel where such water or part thereof, is received from any irrigation work constructed by the State Government, whether by percolation, regeneration, release, or otherwise should be applied or used by the State Government for the purpose of any existing or projected irrigation work, or for the regulation, supply of storage of water, the State Government may by notification declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.
(2) As soon as practicable after the issue of a notification under sub-section (1), the Divisional Canal Officer or any officer duly empowered under this Act shall cause public notice to be gi
(1) Whenever it appears to the State Government that injury to the public health or public convenience or to any irrigation work or to any land for which irrigation from a canal is available, has arisen or may arise from the encroachment of any river, stream or natural-drainage course, the State Government may, by notification published in the official Gazette prohibit, within limits to be specified in such notification, the formation of any such encroachment, or may order the removal or other modification of such encroachment.
(2) Thereupon so much of the said river, streams or natural drainage channel as is comprised within such limits shall be held to be a drainage work.
The canal officer or other person authorised by the State Government in that behalf may, after such notification, issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.
If, within the time so fixed, such person doesn't comply with the order, the canal officer may cause the encroachment to be removed or modified; the expenses involved in such removal or modification, shall be recovered from person concerned;
Provided that the Divisional Canal Officer may, in cases of emergency, remove the encroachment before the publication of notification and the expenses incurred shall be recoverable from the person concerned.
(1) Whenever it appears to the State Government that any drainage work excluding field drainage is necessary in the interest of public health , or for improvement of any lands, or for proper cultivation or irrigation thereof or that protection from floods or other accumulation of water or injurious salt or from erosion by a river, is required for any lands, the state Government may by notification declare that the drainage work shall be constructed after a day to be mentioned in the said notification, not being earlier than three months from the date thereof.
(2) As soon as practicable after the issue of a notification under sub section (i) the Divisional Canal Officer or any Officer duly empowered under this Act shall cause public notice to be given at convenient places, stating that the State Government intends to construct the drainage work excluding field drain.
After the day mentioned in the notification under section 16, the State Government may cause a scheme for such works to be drawn up and carried into execution, and the Divisional Canal Officer or any officer authorised by the State Government to draw up and execute such scheme may exercise in connection therewith all or any of the powers conferred on canal officers and shall be liable to any or all of the obligations imposed upon canal officers
(1) Whenever it appears to the concerned Divisional Officer (E.E) of the department that any of the following acts, should be done, or works executed, that is to say;
Such general notice as may be prescribed shall be given alongwith a list of all villages, as far as is known, which are likely to be affected by the proposed work.
If any person desires that-
he may make an application in writing to the concerned Executive Engineer.
Sluices constructed in any public embankment shall be opened or should only by or with the general or special permission of the Executive Engineer or of the officer in the immediate charge of the embankment, under such order, either general or special, as he may receive from the Executive Engineer.
(1) Whenever it appears to the Collector-
(2) If he is satisfied that the matter is of public importance, he may-
On the date fixed in the notices or any other date to which the proceedings may be adjourned, the Collector shall hold an inquiry and shall hear the persons on whom the notices have been served and any other persons affected or likely to be affected by the order who may attend, and may take down in writing any evidence that he may think fit regarding -
If after making the said inquiry the Collector is satisfied that the state of disrepair of the irrigation work is such as materially affect or is likely to affect materially the irrigation of the lands which are dependent thereon for supply of water or that any extension or alteration of such irrigation work is necessary, he shall, subject to the provisions of clause (a), issue an order in writing requiring that the proposed work of repair, extension or alteration shall be carried out-
(1) Not withstanding anything to the contrary contained in this Act, whenever the Collector, for reasons to be recorded by him, is of opinion that the delay in the repair of any existing irrigation works adversely affects or is likely to affect adversely lands which are dependent on such irrigation work for supply of water, he may forthwith cause the repair of such irrigation work.
Provided that the Collector shall cause public notice to be given at convenient places in every village in which the irrigation work is situated stating that the work mentioned therein has already been begun.
(2) When any such work has been completed, the Collector shall cause notice to be given in the manner aforesaid stating that the work mentioned therein has been completed.
If any person required to carry out any work of repair, extension or alteration fails to do so in the manner and within the period specified or within such further period, if any, as may be allowed by the Collector in writing, the Collector may subject to the rules prescribed by a written order, authorise any agency to carry out the said work in the manner and within the period specified in the order.
It shall be lawful for the State Government from time to time, by notification to that effect published in the official Gazette to declare that the provisions of this chapter shall apply to any line of navigation specified in such notification and from and after such publication the provisions of this chapter shall apply to, and be in force as regards, such navigation channel.
It shall be lawful for the state Government from time to time, to authorise any of the concerned officers to make and open any line of navigation or to clear and deepen any navigable canal and to stop any watercourse, or make any tracking path, or do any other act necessary for the making or improvement of any such canal.
It shall be lawful for the state Government to appoint any person to be the supervisor of any line of navigation subject to the provisions of this chapter, and such person shall be empowered to cut down and remove any tree which may have fallen or may be likely to fall into such line of navigation and to remove any sunken vessel, and to prevent or remove any other obstruction to navigation, of whatever description, whenever he may think it necessary.
(1) Whenever such supervisor shall consider that the cutting down and removal of any tree or the removal of any other obstruction is necessary, he may in cases of emergency at once remove the same, and may for that purpose enter on any private property.
(2) In cases not of an emergent nature, he shall serve a notice in writing on the owner or occupier of such private property, directing him to remove the same within a reasonable time.
(3) If the owner or occupier can not be found, notice may be served by affixing it in some conspicuous place of his dwelling house.
(4) If the owner or occupier shall not remove the obstruction within the time given in the notice, the supervisor may proceed to remove it himself and may for that purpose enter on any private property.
(5) Payment of all expenses of such removal may be enforced by the sale of the thing removed in the manner provided for the recovery of tolls as provided in this Act.
(1) The Canal Officer shall keep a register of all village channels whether already existing or constructed under this Act, and shall note thereon in respect of every village channel whether it is a public channel or a private channel and whether maintained at the cost of the Government or the owners, and shall register the names of the owners of every such private channel.
(2) A village channel made as an extension of, or a branch to, an existing village channel shall be registered as a separate village channel; and so much of the length of any village channel as lies within the limits of any one village or mauza shall be entered on the register as a separate village channel.
Every section of a village channel so separately entered on the register shall be deemed to be a separate village channel in respect of all rights and liabilities imposed by this Act.
Provided that, whenever it appears to the canal officer for any special reason to enter upon his register
Any person may, with the consent of the Canal Officer, acquire the ownership of an existing village channel for the purpose of improving or maintaining it:
Explanation-"Person" in this chapter includes any number of persons acting jointly and also water users association.
Any person may with the permission of a canal officer, construct a new village channel if he has obtained the consent of the owners and occupiers of the land required therefor.
Any person desiring the construction of a new village channel, but being unable or unwilling to construct it under a private arrangement with the
(1) If the Canal Officer considers the construction of such village channel expedient, he may call upon the applicant to deposit any part of the expense as he may consider necessary.
(2) Upon such deposit being made, the Canal Officer shall-
(i) Cause inquiry to be made into the most suitable alignment for the said village channel, and mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof,
(ii) forthwith publish a notification in every village through which the village channel is proposed to be taken that so much of such land as is situated within such village has been so marked out, and shall send a copy of such notification to the collector of every district in which any part of such land is situated.
(3) (a) Such notification shall also call upon any person who wishes to be admitted a joint owner of such village channel to make his application in that respect within thirty days of the publication of such
(1) On receipt of copy of notification, the Collector shall proceed to acquire land under the provisions of the Land Acquisition Act, 1894.
(2) No land acquired for the construction of village channel shall be used for any other purpose without the order of the Divisional Canal Officer.
(1) On being put in possession of the land the Canal Officer shall construct the required village channel, and on its completion shall give the applicant notice thereof, and of any sum payable by him on account of the cost of acquiring the land and constructing the village channel.
(2) On such notice being given, such sum shall be due from the applicant to the canal officer.
(3) On receipt of payment in full of all expenses incurred, the Canal Officer shall make over possession of such village channel to such applicant.
(1) Whenever a Canal Officer considers that the transfer of a village channel from the owner is necessary for the proper management of the irrigation from such village channel, he may cause a notice to be served on the registered owner to appear on a certain day, not less than fifteen days after service of the notice, and to prefer any objection to such transfer.
(2) After hearing such objection, the Canal Officer may order that such village channel shall be transferred to such person as he may think fit, and that such person be registered as owner of the said village channel:
Provided that no person shall be registered as the owner of a village channel under this section ,unless he has expressed in writing his willingness to be so registered, and until he has paid to the Canal Officer such sum as may be fixed by the Canal Officer.
(1) Any person wishing to become the joint owner of an existing village channel may petition the Canal Officer to that effect, and on receipt of such petition the Canal Officer may, if he thinks fit, issue a notice as provided in last preceding section upon the registered owner, and, after hearing any objection which the registered owner may prefer against the admission of such applicant to be a joint owner, may direct that the applicant shall be registered as such joint owner.
(2) All joint owners of a village channel shall be held to have an equal interest in it, unless with the permission of the Canal Officer, they register specific unequal interests.
When deciding the question of transfer or of admission of joint ownership under either of the two last preceding sections, the Canal Officer shall also determine what amount shall be paid as the cost of the proceeding.
As compensation to the previous owners and the amount so determined shall be due by the transferee, or the person admitted to registry as a joint owner, as the case may be and on payment of such amount, the village channel shall be transferred, or the applicant shall be registered as a owner or a joint owner thereof, as the case may be.
Instead of awarding payment of compensation, under the last preceding section, the Canal Officer may fix an amount of rent to be paid annually to the previous owner by the person to whom the village channel is transferred.
(1) Every owner of a village channel shall be bound-
(a) to construct and maintain all works necessary for passage across such village channel of canals, village channels, drainage channels, and public road existing at the time of its construction, and of the drainage intercepted by it, and for affording proper communication across it for the convenience of the occupants of neighbouring lands;
(b) to maintain such village channel in a proper state of repair for the conveyance of water;
(c) to allow the use of it to others on such terms as may be declared equitable by the Canal Officer;
(d) to have supply of water by such village channel at such rates and on such terms as are prescribed by the State Government.
(e) To receive such rent for the use of village channel by other persons as the Canal Officer may award;
(2) If any village channel transferred under this Act is disused for three years continuously, the right of the applicant or of h
If the owner of a village channel fails to fulfil the obligations mentioned in clauses (a), (b) and (c) of sub-section (1) of the last preceding section, the Canal Officer may require him by notice to execute the necessary works or repairs within a periods not being less than fifteen days, and in the event of failure may execute them on his behalf;
And all expenses incurred by the executions of such works or repairs shall be a sum due by such owner to Government;
And, if any such owner who has already failed on one occasion to execute such works or repairs when required to do so, and has left them to be executed on his behalf by the Canal Officer, again fails to execute any such works or repairs when required to do so; or if any such owner shall refuse in any respect to fulfil the obligation mentioned in clause (c) of sub-section(1) of the last preceding section, after having been required to fulfil the same by a notice in writing from the Canal Officer, the Canal Off
(1) If any person, jointly responsible with others for the maintenance of a village channel, or jointly making use of a village channel with others, neglects or refuses to pay his share of the maintenance or to execute his share of the maintenance or to execute his share of any work necessary for such maintenance, the Divisional Canal Officer, on receiving an application in writing from any person aggrieved by such neglect or refusal, shall serve notice on all the parties concerned that on the expiration of fifteen days from the service, he shall investigate the case, and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as he deems fit.
(2) Such order shall be appealable to the Superintending Engineer, whose order thereon shall be final.
(3) Any sum directed by such order shall be paid within a specified period.
(1) Whenever application is made to a Divisional Canal Officer for supply of water from an irrigation work, and it appears to him expedient that such supply should be given and that it should be conveyed through some village channel, he shall give notice to the persons responsible for the maintenance of such village channel to show cause on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed, and, after making enquiry on such day, the Divisional Canal Officer shall determine whether and on what conditions the said supply shall be conveyed through such village channel;
Provided that such application is made for lands already included in the irrigation work.
(2) Any person, aggrieved by the determination of the Divisional Canal Officer, may prefer an appeal to the Superintending Engineer within thirty days of such determination.
(3) When the Divisional Canal Officer determines that supply of water of an ir
(1) Government may transfer any Government distributary, minor or water course to the Water User Association (s) formed by the beneficiaries or to a group of person who may be considered fit by the Government to be owner of the said channels for their maintenance and operation. These channels , in such a case , will be considered as village channels and will accordingly be governed by the provisions of this chapter.
(2) In case the management of distributary, sub-distributary or minor is handed over to the WUA, the WUA shall be supplied with authorised discharge at the head regulator of such channel. The Executive Engineer will ensure that the water so supplied will be in proportion to the area to be irrigated from that channel. In the case of deficient water supply in the parent channel, the shortage shall be equitably distributed to the various channel.
(1) Notwithstanding anything contained to the contrary in this Act and subject to the rules , that may be made by the State Government in this behalf, an officer designated by the State Government in this behalf may, on his own motion or on the application of not less than fifty percent of the owners or occupiers of land in the culturable commanded area, prepare a draft scheme to provide for on-farm development on a group or block of fields.
(2) Every scheme prepared under sub-section (1) shall among other matters, set out the cost of the on-farm development works, sketch plan of the area proposed to be covered by the said scheme, and particulars of the owners or occupier to be benefited by the said scheme.
(3) Every scheme shall, as soon as may be after its preparation, be published in such form and manner as may be prescribed inviting objections and suggestions with respect thereof within twenty-one days of the publication.
(4) After consideration of such obj
(1) Notwithstanding any thing contained to the contrary in sub-section (1) of section 16 the Divisional Canal Officer may cause a scheme for field drain to be drawn up.
(2) Every scheme drawn up under sub-section (1) amongst other matters shall set out the estimated cost thereof, the alignment of the proposed field drain or realignment of the existing field drain, as the case may be, the particulars of the owners or occupiers to be benefited and other persons who may be benefited thereby and sketch plan of the area proposed to be covered by the scheme.
(3) The Divisional Canal Officer may construct the field drain on behalf of the owners or occupiers and recover the cost pro-rata from the owners or occupiers.
A Divisional Canal 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, regulate in respect of any irrigation work for each year or part thereof or for a specified term of years at a time, as circumstances may require-
Explanation- A land shall be deemed to have been supplied with water notwithstanding that the water is not utilised for irrigation or such non-utilisation is due solely to the action or inaction on the part of the owners or occupiers interested in such land.
(1) The Divisional Canal Officer or officer authorised by the State Government may, for the purpose of this Act, by notification, declare any area to be assured irrigable command area which shall comprise of such lands the irrigation of which is assured by direct or indirect flow from a canal during, such period of the year as may be specified in the notification which in the opinion of the Divisional Canal Officer or any officer authorised by the State Government, be sufficient for maturity of the crops during the said period, and any area to be probable irrigable command area which shall comprise of such lands the irrigation of which is unassured and is subject to availability of water during the said period.
(2) A public notice shall be affixed for the recovery of rent in such area in all the offices of the Gram Panchayat, police-station, office of the Anchal Adhikaris and in all Cutcheries of the State Government and the substance of the notice shall be announced by beat
(1) Any of the occupiers of land may file an application before Canal Officer for inclusion of any land in, or exclusion of any land form, the assured irrigable command area or probable irrigable command area within ninety days of publication of the notification referred to in section 50.
(2) On receipt of such application the Canal Officer shall hear the applicant and pass such orders as he may deem fit.
(3) An appeal against the order of the Canal Officer shall lie to the Divisional Canal Officer within thirty days of the order passed under sub-section (2) and the order of the Divisional Canal Officer thereon shall1 be final.
If on an application made under section 51 the Canal Officer passes orders for inclusion of any land in, or exclusion of any land from, the assured irrigable command area or probable irrigable command area 01" a canal he shall cause his orders to be recorded in writing in such forms as may be prescribed by rules made.
(1) Every occupier of land within an assured irrigable command area of a caNal shall be entitled to have supply of water from the canal for irrigation purposes sufficient for the maturity of the crop grown during the period, specified, in the notification under section 50 and every occupier of land in the probable irrigable command area of a canal shall be entitled to have such supply subject to the availability of water during that period, and every such occupier shall be liable to pay such water charges as may be determined irrespective of the fact whether he uses such water or not.
(2) Till such time as the assured irrigable command area or probable irrigable command area is notified, water will be supplied for irrigation by the Canal Officer and every person to whom water supplied shall be liable to pay such water charges as may be determined by the State Government.
(3) Any occupier of land beyond assured irrigable command or probable irrigable command area, desi
(1) The Canal Officer may stop the supply of water to any village channel, or to any person who is entitled to such supply, in the following cases:-
(1) Except with the permission of the Superintending Engineer no person entitled to use the water of any irrigation work shall sell or sub-let or otherwise transfer his right to such use or use it for unauthorised purposes.
Provided that no permission shall be necessary for use of water for authorised purposes by a cultivating tenant of water supplied by the owner of a village channel for the irrigation of the land held by such tenant.
(2) Every right to 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 immovable property takes place.
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.
On an application being made for a supply of water to be used for purposes other than those of irrigation, the Canal Officer may give permission for water to be taken for such purposes under such special conditions and restrictions as to the limitation and control of the supply as he shall think proper to impose in each case.
(1) where the State Government is satisfied that, for the better cultivation of lands, and production of crops and due preservation and proper utilisation of water resources of any irrigation work, or in the public interest, it is expedient to regulate the kind of crops that should be sown, planted or grown on land under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, the State Government may, having regard to the soil characteristics, climate. rain rail and water available, by order in writing make a declaration to that effect. Such a declaration shall be given wide publicity in such manner by the Canal Officer authorised by the State Government as he may think fit.
(2) On such a declaration, the Canal Officer with the approval of the Superior Officer authorised by the State Government, may specify by notice published in such manner as may be determined by him, the kind o
(1) Where in the opinion of the State Government an irrigation work is likely to irrigate lands not exceeding 200 hectares in an area as may be prescribed; the State Government may, in the public interest by notification prepare a draft scheme for supply of water from such irrigation works to such lands. The draft scheme shall provide for handing over the management of the irrigation work and distribution of water therefrom to the Water Committee appointed in this behalf.
(2) The draft scheme shall contain the following particulars:-
(1) The scheme shall come into force on such date as the State Government may, by notification, appoint.
(2) The scheme may at any time be varied by a subsequent scheme made, published and sanctioned in accordance with the provision of section 59
(3) The scheme may at any time be cancelled by the State Government by a notification.
(1) After a scheme has come into force under sub-section (1) of section 60, the State Government shall appoint a Water Committee to execute the scheme subject to the superintendence, direction and control of the Canal Officer appointed by the State Government for the purpose.
(2) The Water Committee shall consist of five persons or as may be prescribed, appointed from amongst the owners and occupiers of lands included in the scheme.
(3) The members may be appointed by the State Government or any officer thereof duly empowered by it in that behalf.
(4) The members of the Committee shall ordinarily hold office for a period of two years from the date of their appointment.
(5) The members of the Committee shall hold office at the pleasure of the State Government and the State Government may terminate the appointment of all or any of the members of the Committee at any time by an order in writing in that behalf.
(6) The Water Committee may meet from ti
Charges for water- Whenever
the Government shall be entitled to levy a separate charge for such water hereinafter referred to as water rate and the Government may prescribe the rates at which such water rates shall be levied, which may be-
The Canal Officer shall prepare an assessment of the water charges for the purposes in respect of which water was supplied, made available or used from an irrigation work, and serve the same on the owner or occupier.
An appeal against the assessment order of the Canal Officer shall lie to the Divisional Canal Officer in the prescribed manner within twenty one days of the passing of the order.
As soon as an assessment is made under section 63 or where an appeal has been preferred and disposed off under section 64, the Canal Officer shall serve a notice of demand in the prescribed manner for the amount of water charges assessed.
Any person on whom a notice of demand has been served shall be liable to pay the same within the period prescribed in this behalf.
If canal water is used in an unauthorised manner and if the person by whose act 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 from such use as determined by the State Government.
Explanation.- Water is said to be used in an unauthorised manner when it is taken from any canal, outlet or village channel or from the assured irrigable command area or probable irrigable command area in contravention of any of the provisions of this act or the rules made under or of any order passed by a Canal Officer in this behalf.
(1) If water supplied through a village channel be suffered to run to waste and if, after inquiry by the Canal Officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such village channel for the crop then on the ground shall be jointly liable for the charge made in respect of the water so wasted, as prescribed by the State Government.
(2) All questions arising under this and the last preceding section shall be decided by the Canal Officer, subject to the provisions of the Act.
All charges for the unauthorised use or for waste of water shall be deemed to be water rate due on the crop, and may be recovered as such water rate in addition to any penalties incurred on account of such use or waste.
The Canal Officer may enter into an agreement with any person for the collection and payment to the Government by such person of any sum payable under this Act by a third party.
Tolls at such rates as shall be fixed in manner hereafter mentioned shall be paid in respect of all vessels entering upon or passing along any of the lines of navigation subject to the provisions of this Act:
Provided that such tolls shall be payable only so long as such line of navigation shall be open.
The State Government may fix and, from time to time, alter the rates at which such tolls shall be levied.
Notification of the rates of toll and of the places of collection shall be exhibited to public view at every toll house in the Hindi language in Devanagri Script.
(1) The State Government shall appoint such person as it may think fit to collect tolls under this Act, and it shall be lawful for any person so appointed to farm the collection of tolls to any other person, with the sanction of the State Government or to employ any other person in such collection.
(2) The person to whom the collection of tolls may be farmed out, or who may be employed in the collection of them, shall have power to collect and be authorised to receive them in the like manner as any person appointed as aforesaid.
(1) If any toll due under the provisions of this Act in respect of any vessel shall not be paid, on demand to the person authorised to collect the same, it shall be lawful for such person to seize such vessel, and any furniture thereof, and to detains the same.
(2) Such person shall, within twenty four hours of such seizure and detention, report the same to the nearest Collector or Deputy Collector of the district in which the seizure has been made, or other public officer duly authorised by Government in that behalf.
(3) On receipt of this report the Collector, Deputy Collector or other officer as aforesaid shall publish a notice appointing a day for the sale of the said vessel and any furniture thereof.
(4) The sale shall be held at some period not less than fifteen days from the date of the publication of notice of sale; and if the toll and also any expenses occasioned by non- payment be not paid, or sufficient cause for non-payment be not shown, at or befor
(1) There shall be levied a tax called betterment contribution in accordance with the provisions of this Chapter from the owner who is benefited by the construction, expansion, improvement or alteration of any irrigation work by the State Government.
Explanation (1) A land shall be deemed to be benefited notwithstanding that the benefit is not enjoyed, provided such non-enjoyment is due solely to the action or inaction on the part of the person or persons interested in such land.
Explanation (2) A land shall not be deemed to be benefited merely by reason of the execution of repairs and maintenance of an irrigation work wholly or partly at the expense of the State Government.
(2) For purpose of levy of betterment contribution, the prescribed officer shall, by notification, specify the dates of commencement and completion of the construction, expansion, improvement or alteration of any irrigation work and different dates of commencement and completion of any irri
(1) The amount of betterment contribution payable in respect of any land shall be an amount equal to the fraction as specified by the State Government of the total cost of the construction, expansion or improvement or alteration of the irrigation work:
Provided that the amount of betterment contribution payable in respect of any land shall not be more than the cost per hectare as may be prescribed by the State Government from time to time:
Provided further that the Government may prescribe different fraction of the total cost of construction, expansion, improvement or alteration of the irrigation work and different rates per hectare for different lands covered by different projects for purpose of betterment contribution :
Provided also that no betterment contribution shall be leviable in respect of a land
The contribution shall become payable under this chapter on a written notice of demand thereof issued by the Betterment Levy Officer being served on the owner:
Provided that no notice of demand shall be served on owner until an order made under sub-section (5) of section 77 becomes final:
Provided further that where, before the commencement of this Act, five years or more have elapsed from the date of completion of the construction, expansion, improvement or alteration of the work such notice may be served at any time after such commencement.
(1) The owner of any land, in respect of which contribution is payable, shall pay it in cash in such annual instalment not exceeding twenty as may be prescribed:
Provided, that if, on or before the date on which the first instalment is payable, or at subsequent date within a period of two years from that date, the owner pays the entire contribution or balance of contribution, as the case may be, he shall be entitled to a rebate as may be prescribed on such contribution or balance of contribution, as the case may be.
(2) Contribution payable under this Act in respect of any land shall be deemed to be revenue demand due upon the said land.
Any person having interest in a land may, notwithstanding that he is not the owner of such land, pay the contribution payable by the owner in respect of such land and shall, if such person, pays the entire contribution within a period of two years from the date on which the owner becomes liable to pay the contribution, be entitled to a rebate as may be prescribed.
No claim shall lie against the State Government for compensation or for the refund of betterment contribution on account of loss occasioned by any temporary failure or stoppage of water in an irrigation work or by any cause beyond the control of the Divisional Canal Officer or by any repairs, alterations or additions made to such work.
Whoever voluntarily and without proper authority, does any of the following acts:-
Whoever, without the authority of the Canal Officer -
shall, on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding one year.
(1) Whenever any person is convicted on an offence 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 held within a period to be fixed in such order.
(2) If such person neglects or refused to obey such order within the fixed period, the Canal Officer may remove such obstruction, or repair such damage and the cost of such removal or repair shall be levied from such person by the Collector under the procedure provided by the Bihar and Orissa Public Demands Recovery Act, 1914(B & 0 Act 4 of 1914) for the recovery of public demand.
Any person in charge of or employed upon, any canal may remove from the lands or building belonging thereto or may take into custody without a warrant and take forth with before a Magistrate or to the nearest police station, to be dealt with according to law, any person who within his view commits any of the following offences:-
(a) willfully damages or obstructs any canal;
(b) without proper authority interferes with the supply or flow of water in or from any canal or in any river or stream, so as to make any canal dangerous or render the same less useful.
Whenever any person is fined for an offence under this Act, the Court may direct that the whole or any part of such fine may be paid by way of compensation to any person injured by such offence, or to any person who gave information leading to the detection of such offence, or to the conviction of the offender.
Nothing herein contained shall prevent any person from being prosecuted under any other law for the time being enforce for any offence punishable under this Act.
Notwithstanding anything contained in the code of Criminal Procedure, 1973 all offences punishable under this Act shall be cognisable and bailable.
(1) If the person committing and 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 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 officers of the company such director, manager, secr
Any Canal Officer duly empowered under this Act, may accept before the institution of a prosecution under this Act, from any person, against whom a reasonable belief exist that he has committed an offence punishable under this Act or the rules made thereunder a sum of money as may be prescribed but not exceeding two thousand rupees, by way of compensation for such offence.
(1) Whenever it appears to the Divisional Canal Officer acting under his general or special orders in this behalf that unless some works or repair is immediately executed such serious damage will happen to any irrigation work as to cause sudden and extensive public injury or serious interruption of the established course of irrigation and that 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 Divisional Canal Officer or any officer acting under the said orders may by public proclamation by beat of drum require the labourers enlisted under section 92 who reside in any village within eight K.M. of the place where the work is to be executed, to carry out such duties as he may allot to them in connection with the execution of the work necessary for the safety of the particular irrigation work.
(2) All persons so labouring shall be entitled to pay
Subject so such rules as may be made in this behalf, the Division Canal Officer shall prepare list of labour willing and capable to carry out the duties as aforesaid and may from time to time add to or alter such list or any part thereof.
Whenever it appears to a Divisional Canal Officer or any officer acting under his general or special orders in this behalf that it is essential for carrying out urgent works on any irrigation work to prevent public injury caused by damage to works, he may enter upon or into any immovable property in the neighbourhood of the irrigation work requiring immediate repair, or other work and take possession, appropriate, cut or remove any trees, timber, bamboos, mats, ropes, straw, earth, stone and other materials and prepare an inventory of the materials taken, such materials shall be paid for at the highest prices for which they are sold in the neighbourhood and in case damage is sustained by any person in consequence of the removal, seizure or cutting of any" such material, compensation shall be paid for such damage, by the Divisional Canal Officer.
Any person aggrieved by fixation of wages under sub-section (2) of section 91 may prefer an appeal within sixty days to the Superintending Engineer whose decision shall be final.
Except as may be prescribed no person without the permission of the Canal Officer shall -
(a) interfere with or encroach upon an irrigation work, or
(b) construct any earthen or masonry bund or weir on any channel or stream flowing above or below any irrigation work.
(1) Every owner whose tank, well, pond, spring pond or other reservoir is situated above any irrigation work, shall maintain the bunds and surplusing arrangements of such tank, well, pond, spring pond, spring channels or reservoir in a safe and efficient condition.
(2) If, in the opinion of the Canal Officer, such bunds or surplusing 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 bund or surplusing 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 with the notice within the time specified or does repair which in the opinion of the Canal Officer are unsatisfactory the Canal Officer may carry out the necessary repairs and recover the cost from the said owner.
(4) From any order of the Canal Officer under
No person shall conduct mining or quarrying operation requiring the use of explosives within such distance as may be prescribed from the boundaries of an irrigation work, without the written permission of the Canal Officer.
Notwithstanding anything contained to the contrary in sub-section (4) of section 12 no well exclusively for domestic use, either on personal or community basis 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 previous sanction of the authority specified by the State Government and subject to such condition as the authority may impose.
No person shall have the right to fish or ply, any vessel in a reservoir, pond or tank 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 he 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.
No person other than the Canal 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.
(1) Save as provided in this Act, no person shall abstract water for any purpose by the installation of pump sets or other electrical or mechanical devices for pumping water from an irrigation work except with the permission of the Divisional Canal Officer within whose jurisdiction such pump sets or other devices for abstraction of water are installed and subject to such terms and conditions and subject to the payment of such fees, as may be prescribed.
(2) If any person abstracts water from an irrigation work in violation of sub-section (1), the Divisional Canal Officer or any person authorised by him in that behalf shall have the power to enter any property, place or premises in which any construction is made or any pump set or other electrical or mechanical device is installed for the abstraction of the water and remove or cause to be removed such construction or pump set or other device.
(3) This type of action shall be treated as theft, the pump set shall be seiz
No person shall deposit any produce of mines or earth or any other material in or near any channel or field drain or other work, whether natural or artificial through which rain or other water flows into any irrigation work.
(1) No person shall pollute, or discharge sewage effluent or trade effluent in the water of any irrigation work which may cause injury to the irrigation work or may deteriorate the quality of water of the irrigation work or may give rise to the growth of any weeds in the irrigation work.
(2) The provisions of the Water Prevention and Control of Pollution Act, 1974 will apply with regard to matters in sub-section(1).
(1) 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 village channel, any such person interested may apply in writing to the Canal Officer stating the matter in dispute.
(2) Such Officer shall thereupon give notice to the other persons interested that on a day to be named in such notice, he will proceed to inquire into the said matter and after such enquiry he may pass his order thereon, or may transfer the matter to the Divisional Canal Officer who shall thereupon inquire into and pass his order on the said matter.
Whenever any dispute arises among joint owners of a village channel as to their shares of expense or as to the amounts severally contributed, or as to failure on the part of any owner to contribute his share, the matter may be decided after inquiry by the Canal Officer or Divisional Canal Officer.
The Superintending Engineer, within whose jurisdiction the village channel is situated, may on his own motion or on an application made in this behalf by an aggrieved person, revise an order passed by a Divisional Canal Officer.
Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order.
No suit shall lie against the State Government or any servant of the Government serving in connection with the affairs of the State in respect of:-
Every claim for compensation for any loss resulting from an act done or purported to be done under any of the provisions of this Act shall include the whole of the claim for compensation in respect of every loss which the person making the claim has sustained or is likely to sustain as a result of such act, and where any person omits to claim compensation or intentionally relinquishes any claim to compensation in respect of any such loss, he shall not afterwards be entitled to claim any compensation in respect thereof.
The powers conferred by the Act are in addition to, and not in derogation of, any powers which would be exercisable by the State Government or any officer of the Government apart from this Act.
Every proclamation and general notice by this Act required to be issued or given shall be published by affixing a copy of the same in the office of every Collector, Sub-divisional Officer and Munsif within whose jurisdiction, and at every police- station within the limits of which any lands affected by such proclamation or notice are known by the Collector to be situated; and by affixing copies of the same in conspicuous positions in such hats, bazars, towns, villages or other public places as the Collector may direct and also by giving notice by beat of drum at such public places that such copies have been affixed and that one copy of the papers containing the information which is the subject of such proclamation or general notice is open to inspection by all concerned at the office of the Collector.
Every notice or order by this Act required to be served shall be served -
(1) by delivering a copy of the same to the person to whom it is directed, or, on failure of such service, by posting a copy on some conspicuous part of the house in which the said person resides, or by delivering a copy to any agent authorised to appear generally for the person to whom such notice or order is directed; or
(2) by sending a registered letter containing a copy of such notice or order directed to the said person at his usual place of abode, or at the place where he may be known to reside; or
(3) by posting a copy of the notice or order at the Panchayat Office, if no such Panchayat office be found, on some conspicuous place of the said village.
(1) whenever the retention of any land appropriated to the purpose of any irrigation work, may no longer be required, and the permanent relinquishment of the same may be deemed expedient, such land shall be restored by the Collector to the owner from which such land was originally taken on return of the compensation amount, if any, which was paid for such land when the same was taken for the purpose of the irrigation work.
(2) If persons who are entitled to the restoration of any land under this section or any of them, refuse or neglect to pay such price within a reasonable time after demand, the land shall be sold by the Collector as a revenue free holding for such price as he can obtain for the same.
(3) All sums obtained for lands conveyed under the provisions of this section shall, after the payment of all expenses incurred on account of the same, be applied to the payment of the cost of any new irrigation works, or of the expenses of maintaining any irrigation wo
Suitable means of crossing canals constructed or maintained at the cost of Government shall be provided at such places as the State Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands and suitable bridges, culverts or other works shall be constructed to prevent drainage of the adjacent lands being obstructed by any canal.
Every sum declared to be due under this Act shall be recoverable on behalf of the State Government by such officer who may be authorised in this behalf.
(1) The State Government may by notification in Official Gazette make rules to carry out the purposes of this act or for matters connected therewith or which are required to be prescribed by rules under provisions of this act.
(2) No such rules shall be made by the State Government until a draft of the same shall be published in the Official Gazette for one month.
(1) On the commencement of this Act, the following, namely:-
(2) Provided that such repeal shall not affect -
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