KARNATAKA IRRIGATION ACT, 1965

16 of 1965

9TH DESEMBER, 1963

An Act to make provision relating to the construction, maintenance and regulation of irrigation works, the supply of water therefrom, obtaining labour in emergencies and certain other matters pertaining to irrigation in the State of Karnataka. Whereas, it is expedient to make provision relating to the construction, maintenance and regulation of irrigation works, the supply of water therefrom obtaining labour in the emergencies and certain other matters pertaining to irrigation in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Sixteenth Year of the Republic of India, as follows.

CHAPTER 1 Preliminary

Section1 Short title and commencement and application

(1) This Act may be called the Karnataka Irrigation Act, 1965.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification appoint.

Section2 Definitions

In this Act, unless the context otherwise requires.

(a) "Canal Officer" means any officer appointed or invested with powers of a Canal Officer under Section 3;

(b) "Chief Engineer" means an officer appointed by the State Government as Chief Engineer for Irrigation and includes any officer appointed to perform the functions of a Chief Engineer under this Act;

11. Clause (bb) inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [(bb) "Command Area Development Authority" means the Command Area Development Authority established under the Karnataka Command Area Development Act, 1980 (Karnataka Act 6 of 1980);]

(c) "Deputy Commissioner" includes any officer not below the rank of an Assistant Commissioner appointed by the State Government to exercise all or any the powers of a Deputy Commissioner under this Act;

(d) "Drainage work" includes.

(i) channels, either natural or artificial, for the discharge of waste or surplus water, and all works connected with or auxiliary to such channels;

(ii) escape channels from an irrigation work, dams, weirs, embankments, sluices, groynes and other works connected therewith, but does not include works for the removal of sewage;

(iii) any work in connection with a system of reclamation made or improved by Government for the purpose of drainage of the country; and

(iv) all works for the protection of lands from inundation or erosion constructed or maintained either wholly or in part by the State Government.

(e) "Field channel" means any water course, hikkal or pipe having a capacity not exceeding one cubic foot per second, which is supplied with water from an irrigation work, and includes all subsidiary works belonging to such field channel, except the sluice or outlet through which water is supplied to such channel or pipe;

(f) "Flood-embankment" means any embankment constructed or maintained by Government in connection with any system of irrigation or reclamation works for the protection or lands from inundation or which may be declared by the State Government to be maintained in connection with any such system, and includes all groynes, spursdams and other protective works connected with such embankments;

(g) "Irrigation Officer" means any officer appointed as an Irrigation Officer or invested with the powers of an Irrigation Officer under Section 3;

(h) "Irrigation work" includes.

(i) all reservoirs, tanks, wells, anicuts, bandharas, ponds, spring ponds, canals, field-channels, thalapariges, pipes, channels, aqueducts and sluices constructed maintained or controlled wholly or partly by Government for the supply, conveyance or storage of water;

(ii) all works, embankments, structures, supply and escape channels, connected with such reservoirs, tanks, anicuts, band- haras, channels, canals, pipes, sluices and all roads constructed for facilitating the construction or maintenance of such reservoirs, tanks, anicuts, bandharas, canals, channels, pipes and sluices;

(iii) all drainage works and flood embankments;

(iv) any part of a river, stream, lake, natural collection of water or natural drainage channel to which the State Government may apply the provisions of Section 5 or of which the water has been applied or used before the commencement of this Act for the purpose of any existing irrigation work;

(v) all lands appropriated by the State Government for the purpose of such reservoirs, tanks, anicuts, bandharas, canals, channels, pipes, sluices and all buildings, machinery, fences, gates and other erections upon such lands.

(i) "Land Holder" or "Holder" means the person in whom a right to hold the land is vested, whether solely on his own account or wholly or partly in trust for another person or for a class of persons or for the public and includes a mortgagee vested with right of possession;

(j) "Notification" means a notification published in the official Gazette;

(k) "Occupier" means in respect of any land, any person who has an interest in the land and cultivates the land himself or by his servants, or by hired labour, and includes a tenant;

(l) "Owner" includes every person having a joint interest in the ownership of the thing specified; and all rights and obligations which attach to an owner under this Act shall attach jointly and severally to every person having such joint interest in the ownership;

(m) "Patel" means such officer as the State Government may declare to be a patel for the purposes of this Act;

(n) "Prescribed" means prescribed by rules made under this Act;

(o) "Tahsildar" includes any officer appointed by the State Government to exercise all or any of the powers or a Tahsildar under this Act.

11. Clauses (p) to (s) inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [(p) "Water Users Apex Level Federation" means a Water Users Apex Society registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) which shall consist of members as specified in its bye-laws;

(q) "Water Users Distributory Level Federation" means a Federation of Water Users Societies at Distributory Level registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty-one per cent of the Water Users Societies within an area in relation to a Distributory of a major or medium irrigation project, as may be notified by the State Government;

(r) "Water Users Project Level Federation" means.

(i) in the case of a major irrigation project, a Federation of Water Users Distributory Level Federations at the project level regitered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty-one per cent of Water Users Distributory Level

(ii) in the case of a medium irrigation project, a federation of Water Users Societies at the project level registered under the "Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not less than fifty-one per cent of Water Users Societies within an area in relation to the medium irrigation project as may be notified by the State Government;

(iii) in the case of a minor irrigation or lift irrigation works, a Federation of Water Users Societies in relation to such minor irrigation or lift irrigation works registered under the Karnataka Co- operative Societies Act, 1959 (Karnataka Act 11 of 1959) the members of which consists of not less than fifty-one per cent of Water Users Societies within such area as may be notified by the State Government;

(s) "Water Users Society" means a Water Users Co- operative Society registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959).

(a) members of which consist of not less than sixty per cent of the Water Users for cultivation of land; or

(b) majority of members of which consists of Water Users for cultivation of land and holding not less than fifty-one per cent of land; under an irrigation work within the area of operation of the society.

Explanation. For the purpose of this clause "area of operation" means an area comprising a contiguous block of land within an irrigation work as may be notified by the Irrigation Officer.]

Section3 Appointment of officers

The State Government, or, subject to such conditions as may be prescribed, any officer of Government empowered in this behalf, may by notification.

(a) appoint such officers with such designations, and assign to them respectively such powers and duties over such areas or "such irrigation works under this Act, as the State Government or such officer may deem fit;

(b) invest any officer of Government in any Department or any other person with such powers and impose upon him such duties over such areas or such irrigation works under this Act, as the State Government or such officer may deem fit.

CHAPTER 2 Construction, Control and Maintenance of Irrigation Works

Section4 Construction, Control and maintenance of irrigation works only with consent of Government and subject to conditions

(1) No person shall construct, control or maintain wholly or partly any reservoir, tank, anicut, bandhara, pond, spring pond, canal, field channelfi talaparige, channel or aqueduct except with the previous sanction of the State Government or such other authority as may be authorised by the State Government in this behalf and subject to such conditions as the State Government or such authority may impose:

11. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Provided that the State Government may entrust to a Water Users Society control, maintenance and monitoring of any irrigation work either wholly or in part and thereupon such Water Users Society shall be responsible for the control, maintenance and monitoring of such irrigation work.]

(2) Where the State Government is of the opinion that in the interests of proper irrigation from any irrigation work constructed or proposed to be constructed it is necessary to control the construction of wells in any area or areas, the State Government may, by notification specify such area or areas; and thereupon no person shall within such area or areas construct any well except with the previous sanction of the State Government or other authority authorised by the State Government in this behalf, and subject to such conditions as the State Government or such authority may impose.

Section5 Notification to issue when water supply is to be applied for purposes of irrigation works

(1) Whenever it appears expedient to the State Government or any officer generally or specially authorised by it in this behalf, that the water of any river or stream flowing in a natural channel or of any lake or any other natural collection of still water, should be applied or used by the State Government for the purpose of any existing or proposed irrigation work, the State Government or the authorised officer may, by notification, declare that the said water will be so applied or used after a day to be specified in the said notification, not being earlier than three months from the date thereof.

(2) At any time after the day specified under sub-section (1), the Irrigation Officer may enter on any land, remove any obstruction, close any channel and do any other thing necessary for such application or use of the said water, and for such purpose, may take with him, or depute or employ such subordinates and other persons as he deems fit.

Section6 Entry for inquiry

Whenever it shall be necessary to make any inquiry or examination in connection with a proposed irrigation work or with the maintenance of an existing irrigation work, the Irrigation Officer, or any person acting under the general or special order of such Irrigation Officer may.

(a) enter upon such land as he may think necessary for the purpose; and

(b) exercise all powers and do all things in respect of such land as he might exercise and do, if the State Government had issued a notification under the provisions of Section 4 of the Land Acquisition Act, 1894, to the effect that land in that locality is likely to be needed for a public purpose; and

(c) set up and maintain water-gauges and do all other things necessary for the purpose of such inquiry and examination.

Section7 Power to inspect and regulate supply

The Irrigation Officer or any person acting under the general or special order of such Irrigation Officer, may enter upon any land, building or field-channel, for the purpose of inspecting or regulating the use of water supplied or of measuring the land, irrigated thereby or chargeable with a water rate, and of doing all things necessary for the proper regulation, maintenance and management of the irrigation work from which such water is supplied.

Section8 Power to enter for repairs and to prevent accidents

In case of any accident or damage being apprehended or occurring to an irrigation work, the Irrigation Officer, or any person or persons acting under the general or special order of such Irrigation Officer, may enter upon any land adjacent to or in the neighbourhood of such irrigation work and may remove trees and other materials and execute all works which may be necessary for the purpose of preventing such accident or repairing any damage.

Section9 Notice to occupier

Whenever an Irrigation Officer or any other person acting under his general or special order in this behalf, proposes, under the provisions of Sections 6, 7 or 8, to enter into any building or enclosed court or garden attached to a dwelling house, which is not supplied with water from an irrigation work not adjacent to a flood-embankment, he shall previously give to the occupier of such building, court or garden such reasonable written notice as the urgency of the case may allow.

Section10 Means of crossing canals to be provided and obstruction to drainage to be avoided

Suitable means of crossing canals and channels shall be provided at such places as the State Government 11. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or the Water Users Society in respect of any irrigation work entrusted to it, as the case may be] thinks necessary for the reasonable convenience of the inhabitants of the adjacent land; and suitable bridges, culverts, or other works shall be constructed to prevent the drainage of the adjacent land being obstructed by any canal or channel.

Section11 Government may prohibit obstructions of rivers, etc., within certain limits

Whenever it appears to the State Government that injury to the public health, or public convenience, or to any irrigation work or to any land for which supply from an irrigation work is available, has arisen or may arise from the obstruction of any river, stream or natural drainage channel, the State Government may, by notification, prohibit within limits to be defined in such notification, or may, within such limits, order the removal or other modification of such obstruction; and thereupon so much of the said river, stream or natural drainage channel as is comprised within such limits, shall be deemed to be a drainage work as defined in Section 2.

Section12 Irrigation Officer may issue order to person causing obstruction

The Irrigation Officer may, after the publication of the notification under Section 11, issue an order to any person causing or having control over any such obstruction to remove or modify the same within such period as may be specified in such order.

Section13 Irrigation Officer may cause obstruction to be removed

If within the period specified under Section 12 such person does not comply with the order, the Irrigation Officer may cause the obstruction to be removed or modified and such person shall be liable to pay the expense of such removal or modification; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as an arrear of land revenue.

Section14 Construction of drainage works

Whenever it 11. Substituted for the words "appears to the State Government" by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6- 2000 [appears to the Water Users Society in case of any irrigation work entrusted to it and in other cases to the State Government] that any drainage work is necessary for the public health or for the improvement of the proper cultivation or irrigation of and land, or that protection from floods or other accumulations of water or from erosion by a river is required for any land, 22. Substituted for the words "the State Government may" by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [the State Government or as the case may be, Water Users Society] in its discretion cause a scheme for such work to be drawn up and earned into execution, and the person authorised by the State Government 11. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or as the case may be, Water Users Society] to draw up and execute such scheme may exercise, in connection therewith, the powers conferred on Irrigation Officers by Sections 6, 7 and 8 and shall be liable to the obligations, imposed upon Irrigation Officers by Sections 9 and 35.

CHAPTER 3 Field-Channels

Section15 Determination of the need for field-channels and their alignment in any area

(1) The Irrigation Officer on being satisfied that the construction of field-channels in any area is necessary in public interest for supply of water from an irrigation work to lands requiring such supply for

(2) After the date specified in the notification under sub-section (1), the Irrigation Officer shall determine the suitable alignment for the field-channels and shall mark out the land, which in his opinion, it is necessary to occupy for the construction thereof. He shall forthwith publish a notification by affixture on the notice board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such notification to the Tahsildar for publication in every village through which the field-channel is taken on such lands. He shall also send a copy of such notification to the Deputy Commissioner of every District in which such land is situated.

Section16 Deputy Commissioner to acquire land

(1) On receipt of a copy of a notification under Section 15, 11. Substituted for the words "the Deputy Commissioner shall, on being satisfied" by Act No. 12 of 1969, w.e.f. 19-6-1969 [the Deputy Commissioner shall issue notices to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving them a reasonable opportunity of being heard, if satisfied] that such land is required for a field-channel, proceed to acquire and take possession of such land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been issued by the State Government for the acquisition thereof under Section 6 of that Act and as if the State Government had thereupon directed the Deputy Commissioner to take order for the acquisition of such land under Section 7 of the said Act as if the State Government had issued orders for immediate possession being taken under Section 17 of the said Act.

(2) Notwithstanding anything contained in the Land Acquisition Act, 1894, the acquisition of any land for the purpose of constructing a field-channel under Section 15 shall be deemed to be for a public purpose 22. The words, letters and brackets "and Compensation to be awarded shall be. (a) in the case of land which is assessed as wet, one hundred times, and (b) in the case of land which is assessed as dry, two hundred times, the land revenue payable in respect of the land acquired" and Explanations I and II omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x.]

Section17 Such acquired land to remain as property of Government

On possession of the land being taken, the Irrigation Officer shall fix the boundary marks in the prescribed manner, and thereupon ownership of such land shall vest in the State Government.

Section18 Procedure for construction of field-channel

11. Sections 18 and 19 omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x]

Section19 Construction of field-channel on deposit of estimated cost

[x x x x x]

Section20 Obligation of persons having user of the field-channels

22. Substituted for the words "person having a right to use" by Act No. 12 of 1969, w.e.f. 19-6-1969 [(1) Every 33. Substituted for the words "person having a right to use" by Act No. 12 of 1969, w.e.f. 19-6-1969 [user of] the field-channel shall be bound.

(a) to maintain such field-channel in a fit state of repair for the conveyance of water; 44. Clause (b) omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [(b) x x x x x.]

(2) Every user of a field-channel 55. The words "and every person duly authorised under the provisions hereinafter contained to use a field-channel" omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x] shall, subject to the provisions of Chapter IV, be entitled to have a supply of water by such field-channel on such terms as may be prescribed.

Section21 Arrangement with user by other person

66. Sections 21,22 and 23 omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x]

Section22 Irrigation Officer after inquiry may authorise or declare applicant to be joint user

[x x x x x]

Section23 Use of land acquired for field-channel for other purposes

[x x x x x]

Section24 If user fails to execute work or to repair field-channel Irrigation Officer may execute the same

(1) If any user of a field-channel fails to fulfil any obligation imposed upon him by clause (a) of sub-section (1) of Section 20, the Irrigation Officer may require him, by notice, to execute the necessary repair within a period to be specified in such notice of not less than seven days and, in the event of failure may execute the same, and except as hereinafter provided in this section, all expenses incurred in the execution of such repair shall be a sum due by such user to the State Government recoverable as an arrear of land revenue:

77. Proviso inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Provided that in respect of an irrigation work entrusted to a Water Users Society such expenses shall be deemed to be dues by such user to a Co-operative Society and shall also be recoverable in accordance with the provisions of the Karnataka Co-operative Societies Act, 1959.]

88. Sub-section (2) omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [(2)xxxxx.]

Section25 Settlement of disputes as to mutual rights and liabilities of persons

99. Section 25 omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x.]

Section26 Construction of field channel in lands acquired

11. Section 26 substituted by Act No. 12 of 1969, w.e.f. 19-6-1969 After any land has been acquired under Section 16 and has vested in the State Government under Section 17, the Irrigation Officer shall construct the field channels necessary in the area.]

CHAPTER 4 Regulation of Irrigation

Section27 Regulation of water supply from irrigation works

An Irrigation Officer duly empowered by the State Government by a notification in respect of any irrigation work or class of irrigation works may, after such inquiry as he deems fit, and after consultation with a committee appointed by the State Government, consisting of such number of official and non-official members as may be prescribed, regulate in respect of any irrigation work for each year or for a specified term of years at a time, as circumstances may require.

(i) the time for letting out water for irrigation;

(ii) the period of supply;

(iii) the quantity of supply; and

(iv) the areas to be supplied at different times. Explanation. A land shall be deemed to have been supplied with water is made available for irrigation of such land: 22. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Provided that where an irrigation work is entrusted to a Water Users Society, the Irrigation Officer, instead of consulting the committee so appointed by the State Government, shall.

(i) in the case of a Water Users Society whose area of operation extends to one or more minor irrigation or lift irrigation works, consult such Water Users Society; and

(ii) in other cases, consult the Water Users Project Level Federation.]

Section28 Application for permission to use water from an irrigation work

(1) Any person desiring to have a supply of water from an irrigation work for irrigating a land 11. Sub-section (4) substituted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x] not included in any area to which supply of water is regulated under Section 27, shall make a written application to that effect to the Irrigation Officer. Subject to any general or special order made by the State Government determining the extent of lands for which water can be made available from such irrigation work, such officer may, if in his opinion such supply can be made without detriment to the supply of water to lands 22. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x] included in any area to which supply of water is regulated under Section 27, order the supply of water and for such period not exceeding six years subject to such conditions as may be specified in such order.

(2) If after a period of six successive years of supply of water made to any land referred to in sub-section (1), the holder of such land applies for the supply of water being made permanent, such application, with the opinion of the Irrigation Officer, shall be forwarded to the Deputy Commissioner of the district. The Deputy Commissioner of the district shall then take steps in accordance with law 33. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x], to include the land in the area to which supply of water is regulated by Section 27.

(3) The water rate [or Water charges, as the case may be] leviable for the use of water for temporary cultivation under sub-sections (1) and (2) shall be twice the water rate [or Water charges, as the case may be] [xxxxx].

(4) With the sanction of, and subject to such conditions, payments and restrictions, as may be imposed by the State Government or such officer as may be authorised by the State Government in this behalf, the Irrigation Officer, may, without detriment to the supply of water to lands [x x x x x] included in any area to which supply of water is regulated under Section 27, give permission for water to be taken from an irrigation work, for purposes other than those of agriculture.

(5) If any person uses water from an irrigation work without obtaining the permission required under this section, he shall in addition to any penalty he incurs under this Act for such unauthorised use of water be liable to pay water rate 11. Sub-section (4) substituted by Act No. 12 of 1969, w.e.f. 19-6-1969 [or as the case may be, water charges] at such rate as may be determined by the prescribed officer not being less than ten times and not exceeding thirty times the rate 22. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or the water charges, as the case may be] he would otherwise have been required to pay, had he applied for and obtained the permission.

Section29 Stoppage of water supply

The supply of water to any field-channel or to any person who is entitled to such supply shall not be stopped, except.

(a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority;

(b) whenever and so long as any field-channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water thereof;

(c) whenever and so long as it is necessary to do so in order to supply in rotation the legitimate demands of other persons entitled to water;

(d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;

(e) within the periods fixed from time to time by the Irrigation Officer of which due notice shall be given;

(f) whenever there is diminution in the supply of water in the irrigation work due to any natural or seasonal causes and so long as it is necessary to do so.

11. Sub-section (4) substituted by Act No. 12 of 1969, w.e.f. 19-6-1969 [(g) whenever and so long as water is used for sowing planting or growing crops in contravention of notification issued under sub-section (2) of Section 32;

(h) whenever and so long as stoppage of supply of water is necessitated due to any cause beyond the control or Irrigation Officer;

(i) whenever and so long as a person does not pay the arrears of water rate or as the case may be water charges.]

Section30 Supply of water for irrigation of one or more crops

When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to apply only to such crop or crops.

Section31 Regulation of cultivation on [x x x] lands

22. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000

(1) Subject to the provisions of Section 32, and subject to such directions as may be issued from time to time, the Irrigation Officer may in any year, having regard to the quantity of water available in any irrigation work under his control determine, by order published in the prescribed manner and within the time prescribed, the areas or lands 33. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x x] in the irrigable are of such irrigation work, to be cultivated with paddy, sugarcane, or any perennial crop or intermittent irrigated dry crops or with dry or semi-dry crops and regulate the supply of water for irrigation accordingly.

(2) If, in accordance with a decision of the Irrigation Officer under sub-section (1), any land entitled to supply of water under the irrigation work is not supplied with water, the holder of such land shall be liable to pay only the dry assessment of such land.

(3) From the order of the Irrigation Officer under this section, an appeal shall lie within fifteen days from the date of publication of the said order, to the Deputy Commissioner of the district.

Section32 Power to prescribe the kind of crop to be grown under the irrigation area and the period of sowing such crop

(1) Whenever the State Government is satisfied that for the better cultivation of lands and due preservation of the water resources of an irrigation work, it is expedient and desirable in public interests to regulate the kind of crop that should be grown on lands under such irrigation work and the period of sowing such kinds of crop, it may, by notification, make a declaration to that effect.

(2) On the making of a declaration under sub-section (1), the Irrigation Officer, after consultation with the committee appointed under Section 27 and with the approval of the Deputy Commissioner, may specify by notification published in such manner as may be prescribed, the kinds of crop that shall be grown on any land under such irrigation work and the penod of sowing and planting such crops.

(3) On the publication of a notification under sub-section (2), no person shall grow or allow any crop other than the crops specified in such notification to be grown on any land under such irrigation work and no person shall sow or plant or allow the sowing or planting of crop at any time other than during the period specified in such notification.

11. Sub-section (4) substituted by Act No. 12 of 1969, w.e.f. 19-6-1969 [(4) In all cases in which the person who has sown or grown any unauthorised crop or allowed any land to be grown or sown with such unauthorised crop cannot be found, the holder of the land, in addition to such other person concerned, shall.

(a) be liable for contravening the provisions of this section; and

(b) also be liable to pay such water rate, 22. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or water charges as the case may be] as may be determined by the Irrigation Officer, not being less than five times and not exceeding ten times the water rate 33. Inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [or water charges as the case may be] which he would otherwise have been required to pay:

Provided that if no water is utilised either directly or indirectly from the irrigation work for growing any crop, the provisions of sub-sections (3) and (4) shall not be applicable.]

CHAPTER 5 Award of Compensation

Section33 Compensation for damage caused consequent on the exercise of powers conferred by this Act

Compensation may be awarded in respect of any substantial damage caused by the exercises of any of the powers conferred by this Act, which is capable of being ascertained:

Provided that no compensation shall be so awarded in respect of any damage arising from.

(a) deterioration of climate or soil; or

(b) stoppage of navigation or of the means of floating timber or of watering cattle; or

(c) stoppage or diminution of the supply of water in consequence of the exercise of the powers conferred by Section 5, if no use has been made of such supply within the five years next before the date of the issue of the notification under Section 5; or

(d) failure or stoppage of any water in a channel or irrigation work where such failure or stoppage is due to.

(i) any cause beyond the control of the authority incharge of the irrigation work;

(ii) the execution of any repairs, alterations or additions to the channel or irrigation work;

(iii) any measures considered necessary by the Irrigation Officer, for regulating the proper flow of water in the channel or for maintaining the established course of irrigation; or

(iv) circumstances mentioned under clause (a) to (f) of Section 29:

Provided further that any person who suffers loss from any stoppage or diminution or water supply to his lands due to any of the causes named in clause (d) of the preceding proviso shall be entitled to such remission of the water rate payable by him as may be authorised by the State Government.

Section34 Limitation of claims

No claim for compensation under this Act for any damage shall be entertained after the expiration of one year from the time when the damage complained of commenced, provided that the Deputy Commissioner on sufficient cause shown to his satisfaction by the claimant for not making the claim within such period, may condone the delay, and entertain the claim.

Section35 Compensation for damage caused by entry on land, etc

(1) In every case of entry upon any land or building or the utilisation of materials under Sections 5, 6, 7 and 8, the Irrigation Officer or the person making the entry shall ascertain and record the extent of the damage, if any, caused by the entry, or in the execution of any work, to any crop, tree, building or other property and the value of the materials taken or utilised and within one month from the date of such entry, compensation shall be tendered by the Irrigation Officer to the land-holder or owner of the property, as the case may be.

(2) If such tender is not accepted within a week of such tender, the Irrigation Officer shall forthwith refer the matter to the Deputy Commissioner for the purpose of determining the amount of compensation.

Section36 Claims to be preferred to the Deputy Commissioner

(1) All claims for compensation under this Act other than claims of the nature provided for in Section 35 shall be made to the Deputy Commissioner of the district in which such claim or part of it arises.

(2) The Deputy Commissioner shall enquire into all such claims and determine the amount of compensation, if any, which should be awarded. In determining such amount, the Deputy Commissioner shall, 11. Section 39 omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 [x x x x x], be guided by the provisions of Sections 23 and 24 of the Land Acquisition Act, 1894, [x x x x x ]:

Provided that regard shall be had to the diminution in the market value, at the time of awarding compensation, of the property in respect of which compensation is claimed; and where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act:

Provided further that no order determining the amount of compensation shall be made by the Deputy Commissioner under this section without the previous approval of the State Government or such officer as the State Government may appoint in this behalf.

Section37 Appeal

Any person aggrieved by the order of the Deputy Commissioner under Section 35 or Section 36 may within ninety days from the date of communication of the order, prefer an appeal to the Kamataka Revenue Appellate Tribunal.

Section38 Compensation when due and interest payable

All sums of money payable for compensation awarded under this Chapter shall become due three months after the final award is made, and simple interest at the rate of four percentum per annum shall be allowed on any such sum remaining unpaid after the said three months, except when the non-payment of such is caused by the neglect or refusal of the claimant to apply for or receive the same.

Section39.

11. Section 39 omitted by Act No. 12 of 1969, w.e.f. 19-6-1969 Abatement of revenue demand on interruption of water supply. x x x x x.]

CHAPTER 6 Of obtaining labour in emergencies

Section40 Requisition of labour for urgent works or repairs, etc

(1) Whenever it appear to an Irrigation Officer or in his absence to the Tahsildar that.

(a)

(i) unless some work or repair is immediately executed an irrigation work would sustain such serious damage as to cause sudden and extensive public injury; or

(ii) unless some clearance of an irrigation work which necessary is order to maintain the established course of irrigation or drainage is immediately executed, serious public loss would occur, and

(b) persons necessary for the proper execution of such work, repair or clearance cannot be obtained in the ordinary manner in time to prevent such injury or loss, it shall be lawful for such officer to either himself call upon or to require the patel of the village or villages in the vicinity to call upon all or any of the able bodied persons who reside or hold land in or near the locality where such work, repair or clearance has to be executed to assist in the execution of the same as such officer or other person authorised by him in this behalf may direct.

(2) In calling upon the able bodied persons to assist the execution of any work under sub-section (1), no discrimination shall be made on grounds of religion, race, caste or class or of any of them.

(3) Every person so requisitioned shall be deemed to be a public servant within the meaning of the Indian Penal Code.

(4) An order made under sub-section (1), shall be immediately reported to the Deputy Commissioner and the Canal Officer.

Section41 Payment to persons requisitioned

All persons complying with the requisition under Section 40 shall, as soon as may be reasonably practicable, and in any case within fifteen days from the date of such compliance, be paid by the Canal Officer or the Tahsildar, as the case may be, for the work done by them at fifty per cent in excess of the rates payable for the time being prescribed by the competent authority of the Public Works Department to persons attending to similar work:

Provided that for work done at night, payment shall be made at double such rates.

Section42 Appeals against order under Section 41

Any person who does not Accept the amount tendered in payment under Section 41 may appeal, within thirty days from the date of such tender, to the Deputy Commissioner whose decision shall be final.

CHAPTER 7 Maintenance of Irrigation Works

Section43 Power to take over irrigation works for maintenance by Government

If the State Government considers that in the interest of the proper irrigation of lands under any irrigation work maintained by any person or body of persons, the work of maintenance in a fit state of repair of such irrigation work should be undertaken by the State Government, and the cost of such maintenance or any part thereof recovered from the holders of lands benefited by such irrigation work, the State Government may, by notification, make a declaration to that effect, and thereafter the State Government shall take over and maintain in a fit state of repair such irrigation work:

Provided that no artificial reservoir owned by any land holder which is actually used for the purpose of irrigation by such land holder shall be notified under this section except.

(i) on the request of land holder; or

(ii) if in the opinion of the State Government such notification is necessary in the public interest:

Provided further that where a notification is issued in accordance with clause (ii) of the preceding proviso, the land holder concerned shall be paid such compensation for his rights as may be awarded by the Deputy Commissioner of the district after such enquiry as may be prescribed.

Section44 Levy of maintenance cess

(1) The State Government shall levy a maintenance cess at rupees four per acre, per annum on all lands in the area benefited by any irrigation work maintained by the State Government, the Tungabhadra Board or a 11. Proviso inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Zilla Panchayat or a Taluk Panchayat] or other authority:

Provided that where water is not made available for the use of any land benefited by an irrigation work for a period of not less than two consecutive years, the maintenance cess shall not be payable in respect of such land during the said period:

Provided further that where the maintenance cess has been paid for any year in respect of which such cess is not payable under the preceding proviso the amount so paid shall be refunded or adjusted towards the liability to pay the cess in respect of any later year in which water is made available for the use of such land:

11. Proviso inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Provided also that no maintenance cess shall be levied and collected under this sub-section in respect of any land in the area benefitted by any irrigation work maintained by a Water Users Society.]

(2) On and from the date of levy of the maintenance cess under subsection (1), the irrigation cess, if any, levied as a separate charge on the lands liable to pay maintenance cess shall cease to be levied.

(3) The maintenance cess shall be a tax on the land in respect of which it is payable, and the provisions of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) and the rules thereunder shall apply to the payment and recovery of the maintenance cess as they apply to the payment and recovery of the land revenue due upon the land in respect of which the maintenance cess is payable.

Section45 Payment to Thungabhadra Board, etc

Where under any law for the time being in force the duty of maintenance of any irrigation work devolves on the Thungabhadra Board, a 22. Substituted for the words "Taluk Development Board" by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Zilla Panchayat or Taluk Panchayat] or other authority, an amount equal to the amount collected as maintenance cess on lands benefited by such irrigation work during every year shall be paid to the Tungabhadra Board, the 33. Substituted for the words "Taluk Development Board" by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [Zilla Panchayat or Taluk Panchayat] or other authority concerned, in such manner as may be prescribed.

CHAPTER 8 Safeguards for Irrigation Works

Section46 Limitation in respect of irrigation works

Except as may be prescribed, no person other than the Irrigation Officer shall.

(a) interfere with or divert the course of a natural stream; or

(b) construct any earthern or masonry bund or weir on any channel or stream, flowing above or below any held channel.

Section47 Interference with the functioning of cross drainage works

No person, except with the written permission of the Irrigation Officer, shall obstruct the proper functioning of the various cross drainage works, such as culverts, aqueducts, super-passages, syphons, weirs and allied works constructed for the safety of the canals or channels.

Section48 Obligations of owners in respect of works affecting safety of canals

(1) Every owner whose tank, well, pond, spring pond, talaparige or other reservoir is situated above any irrigation work, shall maintain the bunds and surplussing arrangements of such tank, well, pond, spring pond, talaparige or reservoir in a safe and efficient condition.

(2) If, in the opinion of the Irrigation Officer, such bunds or surplussing arrangements of the works referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation works below, then the owner concerned shall be served with a notice to bring such bunds or surplussing arrangements to a reasonably fit condition, in such manner within such time as may be specified in the notice.

(3) If the said owner fails to comply within the time specified or does repairs which in the opinion of the Irrigation Officer are unsatisfactory, the Irrigation Officer may carry out the necessary repairs and the cost thereof shall be recovered from the said owner as an arrear of land revenue.

(4) From any order of the Irrigation Officer under this section an appeal shall lie within one month from the date of communication of the order, to the Deputy Commissioner, whose decision thereon shall be final.

Section49 Mining or quarrying near irrigation works

No person shall conduct mining or quarrying operations requiring the use of explosives within a distance of one kilometre from the boundaries of an irrigation work without the written permission of the Irrigation Officer.

Section50 Excavation of wells near irrigation works

Save as provided in sub-section (2) of Section 4, no new wells shall be excavated within such distance as may be specified by the State Government from time to time, from the boundaries of an irrigation work, without the written permission of the Irrigation Officer.

Section51 Operation of sluice gates, etc

No person other than Irrigation Officer in this behalf, shall have the right to operate a sluice gate, regulator or flood gate of a reservoir, canal or channel.

Section52 Fishing and plying of boats, etc

No person shall have the right to fish or ply any vessel in a reservoir or tank or across or along a canal or channel maintained or controlled by the Government without the permission in writing of the State Government or of such officer as may be empowered in this behalf by the State Government, and except under such terms and conditions and subject to payment of such fees as may be prescribed:

Provided that no permission for fishing in any tank with an achkat of not more than five hundred acres shall be granted by any officer empowered under this section except with the concurrence of the Irrigation Officer.

Section53 Letting out of water from canal prohibited

No person other than the Irrigation Officer or any officer duly empowered in this behalf shall let out water from a canal or channel by cutting the bund, constructing a sluice or outlet or any other similar contrivance.

Section54 Depositing produce of Mines in or near channels prohibited

No person shall deposit any produce of mines in or near any channel or other work, whether natural or artificial, through which rain or other water flows into any irrigation work.

CHAPTER 9 Penalties and Procedure

Section55 Offences under the Act

Whoever voluntarily and without proper authority.

(i) damages, alters, enlarges or obstructs any irrigation work;

(ii) interferes with, increases, or diminishes the supply of water in, or the flow of water from, through, over, or under any irrigation work or by any means raises or lowers the level of the water in any irrigation work;

(iii) opens, shuts or obstructs or attempts to open, shut or obstruct, any sluice or outlet or any other similar contrivance in any irrigation work;

(iv) corrupts or fouls the water of any irrigation work so as to render it less fit for the purpose for which it is ordinarily used;

(v) destroys, defaces or moves any land-mark or level-mark or water-gauge fixed by the authority of a public servant;

(vi) destroys, tampers with, or removes any apparatus, or part of any apparatus, for controlling, regulating or measuring the flow of water in any irrigation work;

(vii) causes any animal or vehicle to pass on or across any of the works, banks, canals or channels of an irrigation work contrary to rules made under Section 71 after he has been required to desist therefrom;

(viii) causes or permits any animal to graze or be tethered upon the bank of any irrigation work;

(ix) removes or injures any tree, bush, grass or other vegetation intended for the protection of any irrigation work;

(x) puts up a dam across or otherwise obstructs the free course of water the right to which vests in the Government;

(xi) being responsible for the maintenance of the field channel or using the field channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom or uses such water in an unauthorised manner;

11. Chapter IX-A and Sections 62-A to 62-F inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [(xii) x x x x x;]

(xiii) contravenes any provision of this Act;

(xiv) contravenes any rule made under Section 71, the contravention whereof is declared in the rules made under that section to be an offence punishable under this section shall, on conviction, be punished for offences under clauses (vi), (x), (xi) 11. Chapter IX-A and Sections 62-A to 62-F inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 [x x x x x] with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both, and for offences under any other clause with imprisonment for a term which may extend to two months, or with fine which may extend to five hundred rupees or with both:

Provided that for a second or subsequent offence under clauses (vii) and (viii) such fine shall not be less than fifty rupees and under the other clauses such fine shall not be less than two hundred and fifty rupees:

Provided further that in the case of a continuing offence a daily fine not exceeding fifty rupees during the period of the continuance of the offence shall also be imposed.

Section56 Persons convicted under Section 55 liable to repair the damage, etc

When any person is convicted of an offence under Section 55, the Magistrate may order that the said person shall remove the obstruction or repair the damage or replace or repair the land-mark, level-mark, water-gauge or apparatus in respect of which the conviction has taken place within a period to be fixed in such order. If such person neglects or refuses to obey such order within the period so fixed, the Irrigation Officer may carry out the work in accordance with such order and the cost thereof shall be recoverable from such person as an arrear of land revenue.

Section57 Abetment

Whoever abets any offence punishable under this Act, or attempts to commit any such offence shall be punished with the punishment provided in this Act for such offence.

Section58 Punishment for vexatious exercise of power

(1) If any officer or other person duly empowered to take action under this Act, exercises without reasonable cause for the purpose of vexatious or with malicious intention any power under this Act, he shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) No prosecution under sub-section (1) shall be entertained except on a complaint by an officer authorised by the State Government in that behalf.

Section59 Punishment under other laws not barred

Nothing contained in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable by this Act.

Section60 Offences under this Act to be cognizable

11. Chapter IX-A and Sections 62-A to 62-F inserted by Act No. 24 of 2000 and shall be deemed to have come into force w.e.f. 14-6-2000 All offences under this Act except offences under clauses (vii) and (viii) of Section 55, shall be cognizable.

Section60A Compounding of offences

(1) Subject to such restrictions and conditions and in such manner as may be prescribed, Irrigation Officer may either before or after initiation of any proceeding for an offence punishable under this Act or the rules made thereunder accept a sum of money not exceeding five thousand rupees by way of composition of an offence which such person has committed or is suspected to have committed.

(2) On payment of such money, such person if, in custody, shall be discharged, property, if any, seized shall be released and no further proceeding shall be taken against such person or property.]

Section61 Power to remove obstruction or damage to work

Any person in charge of or employed upon any irrigation work may remove from the land or buildings belonging thereto, or may take into custody without a warrant, and without unnecessary delay make over to a police officer or in the absence of a police officer take or cause to be taken in custody to the nearest police station, any person who with in his view.

(a) wilfully damages, alters, enlarges or obstructs any irrigation work;

(b) without proper authority interferes with the supply or flow of water, in or from any irrigation work so as to endanger, damage or render less useful such irrigation work.

Section62 Payment of fine as reward to informant

Whenever any person is fined for an offence under this Act, the Court which imposes such fine, or which confirms in appeal or revision a sentence of such fine, or a sentence of which such fine forms a part, may direct that the whole or any part of such fine ,may be paid by way of reward to any person who gave information leading to the detection of such offence or to the conviction of the offender. If the fine is ordered to be paid as a reward by a Court whose decision is subject to appeal or revision, the amount ordered to be so paid, shall not be paid until the period prescribed for presentation of the appeal has elapsed, or if an appeal is preferred till after the decision of the appeal.

CHAPTER 9A Functions of Water Users Society, etc

Section62A Functions of Water Users Society

Water Users Society shall perform the following functions, namely.

(1) to develop irrigation infrastructure by availing institutional finance;

(2) to procure water in bulk on volumetric basis from the Irrigation Department or Krishna Jala Bhagya Nigam or Karnataka Neeravari Nigam and distribute it to the landholders in accordance with the principles laid down by the General Body for equitable distribution of water;

(3) to operate and maintain canals situated within its jurisdiction;

(4) to levy and collect water charges and service charges from the landholders;

(5) to educate and train landholders in the efficient and economical use of water and adoption of new technology as well as to implement necessary programmes;

(6) to prepare water budget and financial budget for each irrigation season;

(7) to resolve disputes that may arise among landholders;

(8) to mobilise financial resources for undertaking activities and efficient management of the society;

(9) to implement or execute on farm development works;

(10) to assist the Irrigation Department and Command Area Development Authority in implementing irrigation and drainage works;

(11) to levy water charges and service charges on non-members at rates approved by the General Body of the Society;

(12) to send annually to the prescribed authority on or before the prescribed date, an audit statement of all receipts and expenditure for the year ending;

(13) to send a statement of the assets and liabilities of the society on or before such date and to such authority as may be prescribed;

(14) the General Body of the Society shall prepare guidelines and decide the procedures for its day-to-day functioning, in conformity with the bye-laws of the society and conditions of the agreement to be entered into with the Executive Engineer concerned;

(15) the Society shall furnish such information as may be prescribed to the prescribed authority;

(16) to encourage avenue plantation in its area of operation;

(17) to do such other acts as may be prescribed.

Section62B Functions of Water Users Distributory Level Federation

The Water Users Project Level Federation shall perform the following functions, namely.

(1) to prepare an operational plan based on its entitlement area, soil and cropping pattern at the beginning of each irrigation season;

(2) to identify the critical maintenance works that are to be carried out and prioritise these works;

(3) to monitor the maintenance works being executed and ensure that they conform to prescribed standards;

(4) to prepare water budgets and crop plans;

(5) to undertake periodical social audit;

(6) to promote economy in the use of water;

(7) to encourage avenue plantation in its area of operation.

Section62C Functions of Water Users Project Level Federation

The Water Users Project Level Federation shall perform the following functions, namely.

(1) to prepare an operational plan based on its entitlement area, soil and cropping pattern at the beginning of each irrigation season;

(2) to identify the critical maintenance works that are to be carried out and prioritise these works;

(3) to monitor the maintenance works being executed and ensure that they conform to prescribed standards;

(4) to prepare water budgets and crop plans;

(5) to undertake periodical social audit;

(6) to promote economy in the use of water;

(7) to encourage avenue plantation in its area of operation.

Section62D Water Users Apex Level Federation

(1) The committee of management of the Water users Apex Level Federation shall consist of the following members, namely.

(a) the Minister-in-charge of Major and Medium Irrigation, Government of Karnataka who shall be the Chairperson;

(b) the Minister-in-charge of Minor Irrigation, Government of Karnataka who shall be the co-Chairperson;

(c) the Secretary to Government, Irrigation Department, Government of Karnataka;

(d) one expert in the field of participatory irrigation management nominated by the State Government;

(e) Chief Executive/Managing Director of the Water Users Apex Level Federation;

(f) Chairpersons of all the Command Area Development Authorities;

(g) such number of persons representing different projects and minor irrigation and lift irrigation works in the State and elected in such manner as may be specified in the bye-laws of the Water Users Apex Level Federation.

(2) Vice-Chairperson shall be elected from amongst the members of the Water Users Apex Level Federation.

(3) The Water Users Apex Level Federation shall make recommendation to the State Government on the policies to be adopted and the guidelines to be formulated regarding construction, maintenance and regulation of irrigation work and supply of water therefrom.

(4) The Water Users Apex Level Federation may give directions to the Water Users Project Level Federation, Water Users Distributory Level Federation and the Water Users Society to carry out the purposes of this Act.

Section62E Effect of other laws

Save as otherwise provided in this Act, the provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

Section62F Power to exempt certain projects

The State Government having regard to the size and nature of any irrigation project or works, may, be notification, exempt such project or works from the application of the provisions relating to Water Users Distributory Level Federation or Water Users Project Level Federation.]

CHAPTER 10 Miscellaneous

Section63 Recovery of cost of repairing damage when the offender is unascertainable

When the person causing any damage, alteration, enlargement or obstruction to any irrigation work without proper authority cannot, after such enquiry as the "Deputy Commissioner may deem sufficient, be ascertained or identified, the Deputy Commissioner may, on a requisition from the Irrigation Officer, after giving not less than one month's notice to the holders and occupiers of all lands benefited thereby, and after hearing their representations, if any, recover from them, as an arrear of land revenue, in such proportion as he thinks fit, the cost of repairing such damage, or of removing such alteration, or obstruction.

Section64 Liability when person using water unauthorisedly cannot be found

(1) If water supplied through a field channel is used in any unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be found after such enquiry as the Irrigation Officer may deem sufficient, the Irrigation Officer after giving not less than one month's notice to the holders and occupiers of airlands benefited thereby and after hearing their representations, if any, make an order for the recovery of such charges as may be prescribed for such use from such holders and occupiers in such proportion as he may find just.

(2) All charges for the unauthorised use of water determined under sub-section (1) shall be recoverable as an arrear of land revenue.

Section65 Appeals against orders under the Act

Any person aggrieved by an order of an Irrigation Officer under Sections 12 or 24 may within thirty days from the date of communication of the order, prefer an appeal to the Deputy Commissioner of the district.

Section66 Power of revision

The Divisional Commissioner may call for and examine the records of the proceedings under this Act of a Deputy Commissioner or an Irrigation Officer or any officer subordinate to the Deputy Commissioner or the Irrigation Officer for the purpose of satisfying himself as to the correctness, legality or propriety of any decision or order passed and the regularity of the proceedings of such officer. When on examination of the records of any case, the Divisional Commissioner considers that any order or decision of such officer should be revised, such order or decision may be revised or altered and the Divisional Commissioner may pass such other orders as he may deem just.

Section67 Power to summon and examine witnesses

Any officer empowered under this Act to conduct any enquiry, may exercise all such powers connected with the summoning and examining of witnesses and the production of documents as are conferred on a Civil Court, by the Code of Civil Procedure, 1908, and every such enquiry shall be deemed to be a judicial proceeding for purposes of Sections 193 and 224 of the Indian Penal Code.

Section68 Service of notices

Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by the officer therein mentioned. Whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, tHe service may be made on any adult male member of his family residing with him and if no such adult male member can be found, the service of the notice may be made by sending a copy of such notice by registered post to such person at his usual place of residence.

Section69 Bar of certain proceedings, etc

(1) No suit, prosecution or other proceeding shall lie against any officer or servant of the State Government, for any act done or purporting to be done under this Act, without the previous sanction of the State Government.

(2) No officer or servant of the State Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of the functions imposed by or under this Act.

(3) No suit shall be instituted against the State Government in respect of any act done unless the suit is instituted within six months from the date of the act complained of.

(4) In the case of an intended suit against any officer or servant of the State Government under sub-section (1), the person intending to sue shall be bound to give the officer or servant, as the case may be, one month's notice at least of the intended suit with sufficient description of the cause of action, failing which such suit shall be dismissed.

(5) Save as otherwise expressly provided in this Act, no Civil Court shall entertain any suit instituted in respect of any matter to which this Act applies.

Section70 Offences by companies

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. For the purposes of this section.

(a) "company" means any body, corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

Section71 Power to make rules

(1) The State Government may, after previous publication, by notification, make rules for the purpose of carrying out the provisions of this Act, and such rules may be general for all irrigation works or may be special for one or more irrigation works, as may be specified in such rules.

(2) Without prejudice to the generality of the foregoing power, such rules may be made in respect of the following matters.

(a) the proceedings of any officer who under any provision of this Act is required or empowered to take action in any matter;

(b) the amount of and charges to be made under this Act;

(c) the economic use of water supplied from any irrigation work;

(d) the manner in which and the officer by whom complaints, as to the inadequacy or means of crossing shall be investigated under Section 10.

(e) regulating the period of opening and closing of channels, distributaries and sub-distributaries of irrigation works.

(3) All rules made under this Act shall, subject to any modification made under sub-section (4), have effect as if enacted in this Act.

(4) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section72 Repeal and savings

(1) The Karnataka Irrigation Act, 1932 (Karnataka Act I of 1932), the Hyderabad Irrigation Act, 1357-F (Hyderabad Act 24 of 1357-F), the Bombay Irrigation Act, 1879 (Bombay Act 7 of 1879), the Madras Irrigation Tanks (Improvement) Act, 1949 (Madras Act XIX of 1949), and the Madras Irrigation Works (Repairs, Improvement and Construction) Act, 1943 (Madras Act XVIII of 1943), are hereby repealed: Provided that the provisions of Section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899), shall be applicable in respect of the said repeal and Sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.

(2) The Karnataka Tank Panchayat Act, 1911 (Karnataka Act 1 of 1911), is hereby repealed:

Provided that the provisions of Section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899), shall be applicable in respect of the repeal of the said enactment:

Provided further that the properties, rights and liabilities of a Tank Panchayat constituted under the repealed enactment shall vest in the Village Panchayat constituted under the Karnataka Village Panchayats and Local Boards Act, 1959, and having jurisdiction over the area, and the moneys at the credit of the tank fund under the control of such Tank Panchayat shall stand transferred to the Panchayat Fund of the said Village Panchayat.

RULE:

KARNATAKA IRRIGATION RULES, 1965

In exercise of the powers conferred by Section 71 of the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965), in Government of Karnataka hereby makes the following rules, the draft of the same having been previously published as required by sub-section (1) of the said section in Notification No. PWD 63 LBW 64, dated 18th December, 1965 as GSR 773 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 20th December, 1965.

Rule1 Title

These rules may be called the Karnataka Irrigation Rules, 1965.

Rule2 Definitions

In these rules unless the context otherwise requires.

(a) "Act" means the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965);

(b) "Executive Engineer" means an Executive Engineer of the Public Works Department;

(c) "Form" means a Form annexed to these rules;

(d) "Major irrigation work" means an Irrigation Work costing more than rupees five crores;

(e) "Outlet" means an opening through which water passes from a tank, canal, branch canal, distributary or water course to a field channel;

(f) "Section" means a section of the Act;

(g) "Sectional Officer" means an officer of Public Works Department subordinate to Assistant Engineer and of the rank of a Junior Engineer or a Supervisor who is in charge of Irrigation Works;

(h) "Well" means a structure constructed for the purpose of tapping underground resources of water for the purpose of diversion and collection of surface flow of water.

Rule3 Construction, control and maintenance of irrigation works

(1) Any person desirous of constructing, controlling or maintaining a reservoir, tank, anicut, bhandara, pond, spring pond, canal, 11. The words "field channel," omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 [x x x x x], talaparige, channel or aqueduct shall make an application for sanction to the State Government through the Executive Engineer having jurisdiction over irrigation works in the area concerned.

(2) Every application received by the Executive Engineer under sub-rule (1) shall as soon as possible after its receipt, be forwarded by him with his remarks to the State Government.

(3) On receipt of an application under sub-rule (2), the State Government shall, after giving a reasonable opportunity of being heard to the applicant, pass such orders thereon as it deems fit.

Rule4 Construction of wells in controlled areas

(1) Any person desirous of constructing a well in any area notified under sub-section (2) of Section 4, shall make an application for sanction through the Executive Engineer having jurisdiction over irrigation works in the area concerned. Such application shall contain particulars regarding the location, purpose and general dimensions of the well.

(2) Every application received by the Executive Engineer under sub-rule (1) shall as soon as possible after its receipt be forwarded by him with his remarks to the State Government or the authority authorised by it under sub-section (2) of Section 4.

(3) On receipt of an application under sub-rule (2), the State Government or the authorised authority shall after giving a reasonable opportunity of being heard to the applicant, pass such orders thereon as it deems fit. Rule 4(2) Levy of penalty. Basavangoud B.L. and Another v Deputy Commissioner, Bellary and Others, 1981(1) Kar. L.J. 454. Sanction for construction of irrigation tank Locus standi to challenge. Puttaswamy, ]., Held. Owners of land in and around the area where the tank is to be constructed can be described as persons that have suffered a personal injury by the proposal. Assuming that they have not suffered a personal injury, in such an event also, they have sufficient interest in the subject-matter and have locus standi to challenge the order. Appana v State of Karnataka and Others, 1980(2) Kar. L.J. 92 : AIR 1980 Kant. 113.

Rule5 Notice to occupier of building, etc

The notice to an occupier of a building, enclosed Court or garden attached to a dwelling house referred to in Section 9, shall be in Form 1.

Rule6 Procedure when person liable to pay expenses fails to make payment

When a person to whom an order is issued under Section 13 does not pay the expenses as required by the said section, the Irrigation Officer shall send intimation to the Deputy Commissioner for recovery of the amount due to be as an arrear of land revenue.

Rule7 Notification under Section 15

A notification under sub-section (1) of Section 15 shall be in Form 2 and a notification under sub-section (2) of Section 15 shall be in Form 3.  

Rule8 Fixation of boundary marks of lands acquired for field channels

The boundary marks to be fixed under Section 17 shall be in stones or concrete blocks, of 15.24 cm x 15.24 cm x 76.2 cm x (6" x 6" x 2½") thick, and the said marks shall be fixed at every point where the boundary of the lands for the field channels crosses the survey number or sub-division of a survey number, at every corner of the alignment and at such other points as the Irrigation Officer may deem necessary.

Rule9 Maintenance of boundary marks

(1) The holder of a survey number or sub-division of a survey number in which boundary marks are fixed shall be bound to maintain the boundary marks in position.

(2) A contravention of sub-rule (1) shall be an offence punishable under Section 55.

Rule10 Procedure for construction of field channels

11. Rules 10 and 11 omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 x x x x x.

Rule11 Declaration by Irrigation Officer that construction of field channel will be made by the State Government

[x x x x x]

Rule12 Terms under which water may be used from field channel

The terms subject to which every user of a field channel 22. The words "and every person duly authorised to use a field channel" omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 [x x x x x] shall be entitled to have a supply of water by such field channel shall be as follows.

(i) a suitable system of water channel shall be maintained in such manner that water required for irrigation of any part of land in a survey number or sub-division of a survey number can be supplied directly from the field channel;

(ii) water shall not be drawn from the field channel except from the points fixed by the Irrigation Officer;

(iii) the order in which water shall be supplied to the different lands from the field channel shall be determined by the Irrigation Officer.

Rule13 r use of field channel by other persons

33. Rule 13 omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 x x x x x.]

Rule14 Notice under Section 24(1)

A notice to be issued under sub-section (1) of Section 24 shall be in Form 13.

Rule15 Inquiry under Section 25

11. Rule 15 omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 x x x x x.]

Rule16 Constitution of Consultative Committees under Section 27

(1) A Consultative Committee in respect of a major irrigation work shall consist of seven official members and eight non-official members, and the Chairman of the Committee shall be a member nominated by the State Government.

(2) The Consultative Committee in respect of an irrigation work other than a major irrigation work shall consist of four official members and 22. Substituted for the words "five non-official members" by GSR 181, dated 18-5-1974, w.e.f. [seven non-official members] and the Chairman of the Committee shall be a member nominated by the State Government.

Rule17 Application for permission to use water from irrigation work

An application for permission to use water from an irrigation work under sub-section (1) of Section 28 shall be in Form 14.

Rule17A Prescribed Officer for the purposes of sub-section (5) of Section 28

33. Rule 17-A inserted by GSR 105, dated 2-4-1968, w.e.f. 18-4-1968 The prescribed officer for purposes of sub-section (5) of Section 28 shall be the [Assistant Engineer within the area of whose jurisdiction the irrigation work lies.]

Rule17B Application for permission to use water from a natural stream

55. Rule 17-B inserted by GSR 29, dated 25-1-1973, w.e.f. 8-2-1973 An application for permission to use water from a natural stream shall be in Form 15.]

Rule18 Competent Authority for purposes of Section 29

The Superintending Engineer in charge of the work shall be the Competent Authority in respect of a major irrigation work and the Executive Engineer in charge of the work shall be the Competent Authority in respect of an irrigation work other than a major irrigation works for purposes of clause (a) of Section 29.

Rule19 Regulation of cultivation

(1) An order under sub-section (1) of Section 31 shall be published by affixture of a copy of such order on the notice board of the office of the Irrigation Officer and by causing affixture of copies of such order on the notice board of the office of the Tahsildar of the taluk and in the chavadies of the villages concerned.

(2) The Irrigation Officer shall determine the areas or lands 66. The words "or portions of the wet lands" omitted by GSR 272, dated 7-9-1971, w.e.f. 3-8-1972 [x x x x x] in the irrigable area of an irrigation work to be cultivated with any crop or crops specified in sub-section (1) of Section 31 in any year, within two

Rule19A Manner of Publication of notification issued under sub-section (2) of Section 32

11. Rule 19-A inserted by GSR 136, dated 28-5-1973, w.e.f. 7-6-1973

(1) 22. Substituted for the words, brackets and figures "A notification issued under sub-section (2) of Section 32" by GSR 272, dated 28-8-1978, w.e.f. 7-9-1978 [A notification under sub-section (2) of Section 32 shall be in Form 16 and] shall be published by affixture of a copy of such notification on the Notice Board of the office of the Irrigation Officer and also causing affixture of copies of such notification on the Notice Board of the office of the Tahsildar of the Taluk and in the chavadies of the villages concerned.]

(2) The notification referred to in sub-rule (1) shall be published within two months before the commencement of the sowing and planting operation for the cultivation of the kinds of crops specified in the notification.]

Rule20 Preparation of list of able-bodied persons who may be required for urgent works, repairs, etc

(1) The Tahsildar of the taluk shall, from time to time, cause a list to be prepared of the able-bodied persons who reside or hold land in or near the locality where any irrigation work exists, who can be called upon to assist in the execution of any work, repair or clearance under sub-section (1) of Section 40.

(2) A copy of the list so prepared shall be affixed on the notice board of the office of the Tahsildar and in the chavadi of the village concerned.

Rule21 Inquiry under Section 43

The inquiry to be made under the second proviso to Section 43 shall be a formal inquiry in accordance with the provisions of Chapter III of the Karnataka Land Revenue Act, 1964.

Rule21A Determination of maintenance cess leviable under Section 44

(1) For determining the maintenance cess leviable under Section 44, the Tahsildar shall after making such enquiry as he deems fit, issue notice to every landholder in the area benefited by any irrigation work maintained by the State Government indicating the extent of land benefited by such work and the maintenance cess leviable thereon. The Tahsildar shall also specify in the notice the date on or before which the land holder may make representations either orally or in writing to the proposed levy. On considering the representations if any made, the Tahsildar shall, by order, determine the maintenance cess leviable in respect of such lands.

(2) Any landholder, aggrieved by the order of the Tahsildar under sub-rule (1) may within sixty days from the date of the receipt of the order appeal to the Assistant Commissioner, whose decision shall be final.]

Rule22 Manner of payment of maintenance cess to Tungabhadra Board, etc

The amount collected as maintenance cess on lands benefited by any irrigation work maintained by the Tungabhadra Board, the Taluk Development Board or any other authority shall after the financial year in which the collection is made, be paid to the Tungabhadra Board, the Taluk Development Board or other authority concerned in the form of grants by orders made by the State Government.

Rule23 Passing of persons, animals or vehicles in or across canals

(1) No person shall pass, or cause any animal or vehicle to pass in or across the bank, or channel of any irrigation work at any place except at a place fixed by the Executive Engineer. A Notice Board shall be caused to be erected at the place so fixed by the Executive Engineer.

(2) In fixing places under sub-rule (1), the Executive Engineer shall have due regard to the reasonable convenience of the persons residing or holding lands in the vicinity who may have to cross the canal or provide water for their animals.

(3) A contravention of sub-rule (1), shall be an offence punishable under Section 55.

Rule23A Charges recoverable under Section 64

11. Rule 23-A inserted by GSR 134, dated 4-3-1969, w.e.f. 17-4-1969 The charges recoverable by the Irrigation Officer under sub-section (1) of Section 64 shall be twenty times the water rate which would have been payable if the water had been used with due permission.]

Rule23B Grant of certified copies

22. Rule 23-B inserted by GSR 93, dated 7-3-1979, w.e.f. 15-3-1979 The officers empowered to pass orders under this Act may grant certified copies of orders passed by them. Charges for preparation of certified copies shall be calculated at the rate of fifty paise per each typed or written page or part thereof.]

Rule24 Repeal and saving

All rules corresponding to the foregoing rules continued in force by virtue of sub-section (1) of Section 72 of the Act are hereby repealed; provided that the said repeal shall not affect the previous operation of the said rules and the provisions of Section 6 of the Karnataka General Clauses Act, 1899, shall be applicable as if the said rules had been repealed by a Mysore Act.

APPENDIX 1 FORM 1

FORM [See Rule 1]

FORM 1

[See Rule 1]

Notice of entry in to Building or enclosed Court or Garden attached so Dwelling House under Sections 6,7 or 8 of the Karnataka Irrigation Act, 1965.

To

I,.. Irrigation Officer..  hereby give notice that it is proposed to enter into the building/enclosed Court/garden attached to

dwelling house in survey No..of..   Village      

..Taluk..District which is in your occupation for the purpose

ofaton      

..I request you to allow any person acting on my behalf and under my

orders to (here enter the purpose)

Irrigation Officer,

APPENDIX 2 NOTIFICATION

FORM

FORM 2

NOTIFICATION

Notification under Section 15(1) of the Karnataka Irrigation Act, 1965

.Whereas, I,.. .. Irrigation Officer, ..am satisfied that

the construction of field channels for the lands specified in the Schedule hereto is necessary in public interest for supply of water to lands requiring such supply for purposes of cultivation from outlet No.. at Chainage.. of Distributary/Sub-Distributary..

.Now, therefore, in exercise of the powers conferred on me by sub-section (1) of Section 15 of the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965), I, .. Irrigation Officerhereby declare that the field channels may be constructed for this area after

Schedule of Lands for which field channels are necessary

Name of District Taluk Name of Village [Survey numbers of the lands comprised within the area with a running description of the boundaries of such area]. Area likely to be Irrigated (1) (2) (3) (4) (5) 

Irrigation Officer,

        Division.

To

The Compiler Karnataka Gazette, for publication in the Karnataka Gazette,

dated        19         

APPENDIX 3 FORM 3

FORM

FORM 3

Notification under Section 15(2) of the Karnataka Irrigation Act, 1965

..Whereas, in my opinion, it is necessary to occupy the lands specified in the Schedule hereto for construction of field channels under outlet No...... .......at Chain............of Distributary/Sub-Distributary........... for purpose of supply of water to lands requiring such supply for purposes of cultivation, and such lands have been marked out.

..Now, therefore, in exercise of the powers conferred on me by sub-section (2) of Section 15 of the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965) I............Irrigation Officer...........

hereby declare that the said lands have been marked out for the construction of field channels.

SCHEDULE

SINo. Name of District Name of Taluk Name of Village [Survey numbers of the lands comprised within the area with a running description of the boundaries of such area] Area marked out for construction of field channels. (1) (2) (3) (4) (5) (6)      

APPENDIX 4 FORMS 4

---

APPENDIX 5 FORM 5

---

APPENDIX 6 FORM 6

---

APPENDIX 7 FORM 7

---

APPENDIX 8 FORM 8

---

APPENDIX 9 FORM 9

---

APPENDIX 10 FORM 10

---

APPENDIX 11 FORM 11

---

APPENDIX 12 FORM 12

---

APPENDIX 13 Notice under Section 24(1)

FORM

FORM 13

Notice under Section 24(1)

Office of the Irrigation Officer, ...........Division.

To

.Shri/Smt........

.Whereas, it has come to my notice that you have failed to fulfill the obligation imposed by clause (a) of sub-section (1) of Section 20 of the Karnataka Irrigation Act, 1965, to maintain the field channel or channels  under outlet No.......at chain........of Distributary/Sub-Distributary  watercourse No........in a fit state of repair.

.Now, therefore, in exercise of the power vested in me under Section 24(1) of the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965), I,.... .... Irrigation Officer,.......direct you to execute the necessary repair works within.......days, failing which the same will be executed by me

and all expenses incurred in the execution of such repair will be recoverable from you as arrears of land revenue.

Irrigation Officer, ..........Division.

APPENDIX 14 Application for Water for Irrigation

FORM

FORM 14

Application for Water for Irrigation

No. of Application:

To

The Irrigation Officer

. ..........Division,

I.........resident of Village.......Taluk.....District........make this application for supply of water from........canal for the purpose of Irrigation of the land hereinafter described subject to the provisions of Karnataka Irrigation Act, 1965, and any other law for the time being in force relating to irrigation and the provisions of Karnataka Irrigation Rules, 1965, and subject to the conditions specified on this application to which I agree.

Name of village Name of Distributary Name of Sub-distributary Outlet No. Survey No. and Sub-Survey No. (1) (2) (3) (4) (5)     

Area of SurveyNo. Area of holding Area to be Irrigated Crop Period for which water is required. (6) (7) (8) (9) (10)     

2.I am the..........of the lands for which water has been applied for.

3. The name and address of the applicant to whom the orders on this application should be communicated are.........

Signature or left Hand Thumb Impression of the applicant.

Date:

Signature of witness.

(All the details of the application have to be filled up by the applicant).

Forwarded for sanction as follows.

(1) Area to be sanctioned                    (2) Period of sanction

From..........

To...........

(3) Water rate to be charged                                                 Per acre........

Dated:                

Sanctioned.                                                            Signature

Date:                                                                     Signature

INSTRUCTIONS

1.  The application should be submitted in duplicate to the Irrigation Officer or to any officer authorised by him to receive such applications. It may be sent through a messenger, presented personally, or sent by post.

2.  When order is passed, the duplicate form will be returned to the applicant endorsed with the Irrigation Officer's order.

3. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.

4. The applicant must state in para 2 of the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.

5. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.

CONDITIONS

1.  After an application has been sanctioned, full water rates shall be payable for the area and period sanctioned by the Irrigation Officer, whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Irrigation Officer within one month from the date of sanction of the application that water is not required.

2.   Each  type  of crop  (namely,  sugarcane,  betel  leaves,  ordinary perennial, two season and seasonal) shall be grown only to the extent of the sanction shown on the pass, but an equal area of any lower rated type may be substituted.

3. The area sanctioned shall not be exceeded.

4.  The sanction is liable to be cancelled or the-supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any provision of the Karnataka Irrigation Act, 1965, or of any rule of the Karnataka Irrigation Rules, 1965, or ofany of the conditions of this application.

5.  Water shall be given for the whole season if available, or at the discretion of the Irrigation Officer, for as many waterings as may be possible.

6.   Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the season for which application is made shall be given at the earliest date possible.

 7. Water for any area of sugarcane sanctioned is subject to the condition that water is liable to be withheld from new sugarcane area after 31st May, if necessary. Each consecutive watering after 31st May shall require the sanction of the Irrigation Officer. Such sanction shall be accorded if water is available in the irrigation work for agricultural purposes but if it is insufficient at any time of the seasons all further waterings may be stopped and the irrigator shall not in that case claim compensation for any damage to the sugarcane crop due to shortage of water.

APPENDIX 15 Application for permission to use water from natural stream for irrigation

FORM

FORM 15

Application for permission to use water from natural stream for

irrigation

To

.The Irrigation Officer,

............Division

.I,.........resident of village......Taluk.....District......make this application for permission to use water from natural stream/river for the purpose of Irrigation of the land hereinafter described, subject to the provisions of the Karnataka Irrigation Act, 1965, and any other law for the time being in force relating to irrigation and the provisions of the Karnataka Irrigation Rules, 1965, and further subject to the provisions contained in the instructions and the conditions specified at the end of this application, to which I agree.

Name of village Survey No. and area thereof Area of holding Area to be irrigated Period for which permission is required (1) (2) (3) (4) (5)     

2.  I am the...........of the lands for the irrigation of which it is necessary to use water and for which permission is sought for.

3.  The name and address of the applicant to whom the orders on the application should be communicated are........

Date:

Signature of witness.

Signature or left hand thumb impression of the applicant.

1........

2........

(All the details of the application have to be filled up by the applicant).

Forwarded for sanction as follows.

. (1) Area to be sanctioned.

. (2) Period of sanction.

. (3) Water rate to be charged ... From ..To per acre

Dated:       

Signature

Sanctioned

Dated:                         

Signature.

INSTRUCTIONS

. (1)  The application should be submitted in duplicate to the Irrigation Officer or to any officer authorised by him to receive such applications. It may be sent through a messenger or presented personally, or sent by registered post.

. (2) When an order is passed, the duplicate form will be returned to the applicant endorsed with the Irrigation Officer's orders.                      

. (3) No sanction will ordinarily be given for the irrigation of any land to any person other than (a) the sole occupant or all joint occupants, (b) the sole superior holder or all joint superior holders, (c) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (d) a person only authorised on behalf of any of these to receive such sanction.

. (4) The applicant must state in clause 2 the nature of his interest in the land or of the nature of his authority to apply for permission to use water to carry on irrigated cultivation of the land.

. (5) Permission will be refused for the use of water for the irrigation of any land which is found to be unsuitable for irrigation.

. (6) The application is liable to be rejected if full particulars are not given in the application as detailed above and in the event of failure to furnish any information which the Irrigation Officer requires in this connection.

. (7)  Permission granted may be purely temporary and for a period of [five year] only and grant of such permission snail not entitle the party for

any preferential treatment.

. (8) Every order refusing permission or rejecting the application shall be in writing and shall indicate the reasons for the refusal or rejection.

CONDITIONS

.1.     After an application has been sanctioned, water rate shall be payable for the area and for the period sanctioned by the Irrigation Officer.

.2.     The area sanctioned shall not be exceeded.

.3.     The permission is liable to be cancelled or stopped entirely

without notice for breach of any provision of the Karnataka Irrigation Act, 1965 or of any rule of the Karnataka Irrigation Rules, 1965, or of any of the conditions of this application.]

APPENDIX 16 FORM 16

FORM [See Rule 19-A]

[FORM 16

[See Rule 19-A]

Whereas, the Government of Karnataka has made a declaration under Section 32(1) of the Karnataka Irrigation Act, 1965 (vide Notification No..... . . .dated......), to the effect that it is expedient and desirable in public interest to regulate the kinds of corps that should be grown on lands under.

Now, therefore, in exercise of the powers vested in me under Section 32(2) of the Karnataka Irrigation Act, 1965,I,.........the Irrigation Officer in consultation with the Committee constituted under Section 27 of the said Act and with the approval of the Deputy Commissioner.......District

hereby specify in the Schedule below, the kinds of crops to be grown in column 4, on the lands specified in the corresponding entries in column 3 and the period of sowing and planting in the corresponding entries in columns 5 and 6 thereof.

SCHEDULE

SI. No. Name of the Irrigation Work Description of the land. Kind of Crop Period of sowing Period of Planting (1) (2) (3) (4) (5) (6)