THE KARNATAKA IRRIGATION (AMENDMENT) ACT, 2024
KARNATAKA ACT NO. 40 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 16th day of August, 2024)
(Received the assent of the Governor on the 15th day of August, 2024)
An Act further to amend the Karnataka Irrigation Act, 1965.
Whereas it is expedient further to amend the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy-fifth year of the Republic of India as follows:
1. Short title and commencement.-(1) This Act may be called the Karnataka Irrigation (Amendment) Act, 2024.
(2) The provisions of this Act shall apply to lift irrigation schemes and irrigation canal or channel only.
(3) It shall come into force at once.
2. Amendment to section 2.- In the Karnataka Irrigation Act, 1965 (Karnataka Act 16 of 1965) (hereinafter referred to as the principal Act), in section 2,-
(i) before clause (a) the following shall be inserted, namely:-
"(a) "Agricultural equipments" means a device, part of a device or an attachment to a device designed to be principally used for agricultural purpose and including tractors, tillers and cultivating equipment's, irrigation equipment's and all-terrain vehicles;
(aa) "Canal" means any type of water conveyance system of the lift irrigation scheme, irrigation canal or channel towards ensuring water supply for irrigation, drinking water, filling-up of tanks and for any allied purposes including industries;"
(ii) after clauses “(a)” and “(aa)” so inserted, the existing clause (a) shall be renumbered as “(ab)”
(iii) after clause (b), the following shall be inserted, namely:-
"(ba) "Command Area" means as area defined in clause (3) of section 2 of the Karnataka Command Areas Development Act, 1980 (Karnataka Act 6 of 1980).
iv) after clause (f), the following shall be inserted, namely:-
"(fa) "Irrigation Court" means any officer designated by the State Government as Irrigation Court to perform the quasi-judicial functions under this Act;"
(v) after clause (o), the following shall be inserted, namely:-
"(oa) "Task Force" a group of people who are brought together to do a particular job or to carry out special operation under the Act with the authorization of department officers;
"(ob) "Unauthorised use of water from canal" means and includes the usage of water from canal,-
(i) by any artificial means; or
(ii) by a means not authorised by the concerned person or authority; or
(iii) through a tampered pipe or an equipment; or
(iv) for the purpose other than for which the usage of water from canal was authorised; or
(v) for the premises or areas other than those for which the supply of water from the canal was authorised."
3. Amendment of section 6.- In section 6 of the principal Act, in clause (b), for the figures, words and brackets "section 4 of the Land Acquisition Act, 1894", the figures, words and brackets "section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013)" shall be substituted.
4. Amendment of section 16.- In section 16 of the principal Act,-
(i) in sub-section (1),-
(a) for the figures, words and brackets "the land Acquisition Act, 1894", the figures, words and brackets "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013)" shall be substituted;
(b) for the figures and words "section 6 of that Act", the figures and words "section 19 of that Act" shall be substituted; and
(c) for the figure and words "section 7 of the said Act", the figures and words "section 19 of the said Act", and for the figures and words "section 17 of the said Act", the figure and words "section 40 of the said Act" shall be substituted.
(ii) in sub-section (2),-
(a) for the figures and words "the Land Acquisition Act, 1894", the figures, words and brackets "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013)" shall be substituted; and
(b) for the figures and word "section 15", the figures and word "section 28" shall be substituted.
5. Amendment of section 28.- In section 28 of the Principal Act, after sub-section (5), the following shall be inserted, namely:-
(6) “The irrigation officer shall forward the information regarding water rate due by any under sub-section (5) to the concerned authorities of Revenue Department to record in column No.11 of the RTC.
(7) The applicant shall submit the No objection Certificate as obtained from the Irrigation Officer to the concerned authorities of the ESCOMS for drawal of water to the irrigation work. ”
6. Insertion of new section 28A, 28B and 28C.- After section 28 of the Principal Act, the following shall be inserted, namely:-
"28A. Grant of permit to extract and use of groundwater within five hundred meters from the centre of the lift irrigation scheme and irrigation canal or channel.- (1) Notwithstanding anything contained in any other law for the time being in force, any user of irrigation water desiring to drill or dig a well or create an artificial pond or any sort of water storage on both sides of the canal up to five hundred meters from the center of the canal, as notified by the Zonal Chief Engineer, from time to time, for any purpose, shall apply to the Irrigation Officer for grant of permit for this purpose and shall not proceed with any activity connected with such drilling or digging or creation of an artificial pond unless a permit has been granted by the Irrigation Officer.
(2) Every application under sub-section (1) shall be made in such form, such particulars and such fee for different purposes like industrial, agricultural and domestic etc., and for different areas, as may be prescribed.
(3) Every user or the applicant shall obtain No Objection Certificate from the Executive Engineer before applying for power connection for use of water under this Chapter.
(4) On receipt of an application under sub-section (1), if the Irrigation Authority is satisfied that it shall not be against public interest to do so, it may grant subject to such conditions and restrictions as may be specified therein, a permit authorizing drilling or digging of a well or creation of an artificial pond for the extraction and use of ground water:
Provided that no person shall be refused a permit unless he has been given a reasonable opportunity of being heard.
(5) Every application received under sub-section (1) shall be disposed off by the Irrigation Officer within sixty days from the date of receipt of the application.
(6) In granting or refusing a permit, the Irrigation Officer shall have regard to the following factors, namely:-
(a) the purpose for which the groundwater is to be used-domestic, agriculture, industry, commercial establishments, commercial use or own use or both;
(b) the existence of other competitive users;
(c) the availability of groundwater and the need to conserve it;
(d) spacing of groundwater structures keeping in consideration, the purpose for which the is to be used;
(e) long term groundwater level behaviour;
(f) its likelihood of adversely affecting water availability of any drinking water sources in its vicinity;
(g) priority may be given for those who adopt sprinkler and drip irrigation system; and
(h) any other factors relevant thereto.
(7) The beneficiaries who are covered under Ganga Kalyan Scheme are exempted from obtaining the permit to extract and use of ground water. However, registration of the borewell is to be made with the irrigation officer within the period of six months.
28B. Registration of existing groundwater users within five hundred meters from the centre of the lift irrigation scheme and irrigation canal or channel.- (1) Notwithstanding anything contained in any other law for the time being in force, every existing user of groundwater within five hundred meters from the center line of the canal shall within a period of six months from the date of commencement of the Karnataka Irrigation (Amendment) Act, 2024, shall apply to the Irrigation Officer for grant of a certificate of registration recognizing its existing use in such form and in such manner as may be prescribed:
Provided that, the Irrigation Officer may entertain any such application after the expiry of the said period of six months if the officer is satisfied that the user was prevented by sufficient cause from filing application in time.
(2) The details to be furnished in an application under sub-section (1) shall include the following factors, namely:-
(a) the description of the source of ground water, such as type of well, its exact location;
(b) the lifting device used,
(c) the quantity of groundwater withdrawal and hours of operation per day;
(d) the total period of use in each year,
(e) the purpose for which groundwater is being extracted,
(f) in case the requirement of groundwater is for the purpose of drinking water, the approximate population to be served;
(g) in case of irrigation well, the location and extent of irrigated area and the crops grown; and
(h) in the case of the State Government and the Central Government, Local authorities or Community run for water supply schemes, the details of the services involved in addition to the quantities of groundwater extracted, the diversion or the pumping points and their locations.
(3) On receipt of an application under sub-section (1), the Irrigation Officer may, after such inquiry as he may deem fit and after being satisfied, shall grant registration certificate in such form, for such period and subject to such conditions, as may be prescribed.
(4) Every application received under sub-section (1) shall be disposed off by the Irrigation Officer within sixty days from the date of receipt of the application.
(5) In granting or refusing a certificate of registration under sub-section (3) the Irrigation Officer shall have due regard to the following, namely:-
(a) the purpose for which the groundwater is to be used;
(b) the existence of other competitive users;
(c) the availability of groundwater and the need to conserve it; and quantity of groundwater to be drawn;
(d) spacing of groundwater structures keeping in consideration, the purpose groundwater is to be used; for which
(e) long term groundwater level behaviour; and
(f) any other factors relevant thereto.
(6) Pending the communication by the Irrigation Officer of the decision on the application under sub section (1), every existing user of groundwater from the center line of the canal shall be entitled to the continued use of groundwater in the same manner and to the same quantity as he was entitled prior to the date of his application,
(7) If a registered well becomes defunct, it shall be immediately brought to the notice of the Irrigation Officer by the user of groundwater and the Irrigation Officer shall seal the defunct borewell in order to avoid untoward incidents.
28C. Penalty for contravention of section 28A and 28B.- Whoever uses the groundwater from the center line of the canal in contravention of sections 28A and 28B, shall be liable for punishment as contemplated under clause (xiv) of section 55 of this Act and the fine so imposed is liable to be recovered as arrears of land revenue."
7. Amendment of section 29.- In section 29 of the principal Act, after clause (i), the following shall be inserted, namely:-
"(j) Whenever and so long as a person uses water in an unauthorised manner or engaged in illegal drawal from any water storage system or water conveyance systems or obstructs any irrigation work or water conveyance system or commits any offence under section 55."
8. Amendment of section 31.- In section 31 of the principal Act, in sub-section (3), for the word "fifteen", the word "thirty" and for the words "the Deputy Commissioner of the district", the words "the Chief Engineer of the Zone" shall respectively be substituted.
9. Amendment of section 32.- In section 32 of the principal Act, in sub-section (4), after clause (b), the following shall be inserted, namely:-
“(c) The penalty for contravention of this section shall be recovered as arrears of land revenue and this information shall be sent to the concerned revenue authority to enter in the column 11 of RTC.”
10. Amendment of section 36.- In section 36 of the principal Act, in sub-section (2), for the figures and words "section 23 and 24 of the Land Acquisition Act, 1894", the figures, words and brackets "section 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013)" shall be substituted.
11. Amendment of section 51.- In section 51 of the principal Act, the following shall be inserted at the end, namely:-
"Lift scheme, piped conveyance system or any other mode of water storage as well as conveyance system and all related devices or appurtenances.”
12. Amendment of section 55.- In section 55 of the principal Act,-
(i) after clause (xiii), the following shall be inserted, namely:-
"(xiii-a) pierces or cuts through canal or pipe or attempts to pierces or cut through canal or inserts or syphons pipe by piercing or cutting canal or put engine or any other equipment in canal by damaging canal or canal lining or otherwise damage, destroy or endanger the stability or safety of canal."
(ii) in clause (xiv),-
(a) for the words "one year", the words "two years" shall be substituted;
(b) for the words "one thousand rupees", the words "two lakh rupees" shall be substituted;
(c) for the words "two months", the words "one year" shall be substituted;
(d) for the words “which may extend to five hundred rupees or with both”, the words "not less than fifty thousand rupees but not exceeding one lakh rupees or with both." shall be substituted; and
(e) after second proviso, the following shall be inserted, namely:-
“Provided also that, contravention of provisions of clauses (vi), (x), (xi) and (xiii-a) by any person, shall be debarred from getting water supply for any purpose other than domestic purpose from any source for a period ranging from one month to six months and on subsequent conviction, such persons shall be excluded from the command area of the canal for a period of two years."
13.Amendment of section 60A.- In section 60A of the principal Act, in sub-section (1), for the words "not exceeding five thousand rupees", the words "not less than fifty thousand rupees but not exceeding two lakh rupees" shall be substituted;
14. Insertion of new sections 61A, 61B, 61C, 61D, 61E, 61F, 61G, 61H, 61I, 61J and 61K.- In the principal Act, after section 61, the following new sections shall be inserted, namely:-
"61A. Irrigation Court.- An Irrigation Officer while exercising powers under this Act to inquire into or to decide any question or dispute arising for determination between the State Government and any person or between parties to any proceedings, shall be an Irrigation Court.
61B. Savings of inherent powers of Irrigation Court.-Nothing in this Act, shall be deemed to limit or otherwise affect the inherent power of the Irrigation Court to make such an order as may be necessary for the ends of justice or to prevent the abuse of process of the Irrigation Court.
61C. Place of enquiry.- subject to direction and control of the officer to whom he is subordinate, and except for reasons to be recorded in writing no Irrigation Officer shall enquire into or hear any case at any place outside the local limits of his jurisdiction:
Provided that, where the place of headquarters of an Irrigation officer is outside the local limits of the jurisdiction, he may enquire into or hear, any case at such place without any such direction or control.
61D. Evidence and summons.-(1) The procedure for summoning and examination of witnesses and the protection of documents shall be followed as under section 67 of this Act.
(2) Every Irrigation Officer not below the rank of Superintendent Engineer in their respective Departments, shall have the power to take evidence on oath and to summon any person whose attendance he considers necessary, either to be examined as a party, or to give evidence as a witness, or to produce documents, as under section 67 of this Act.
(3) Any person summoned under sub-section (1) shall be bound to attend either in person or by an authorised agent as directed in the summons:
Provided that, exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requisitions for attendance under this section.
(4 Every person summoned under sub-section (1) either to be examined as a party or to give evidence as a witness shall be bound to,-
(i) state the truth upon any subject respecting which he is examined or makes a statement; and
(ii) produce such documents as may be required.
(5) Any person summoned merely to produce a document shall be deemed to have complied with the summons by causing the production of such document instead of attending personally to produce the same.
61E. Compelling attendance of witnesses and examination of witnesses on commission.-(1) For the purpose of compelling attendance of witnesses and examination of witnesses on commission shall be followed as under section 32 of the Karnataka Land Revenue Act, 1964.
(2) If any person on whom a summons to attend as witness or to produce any document has been served, fails to comply with the summons, the officer by whom the summons has been issued may,-
(a) issue a bailable warrant for arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding twenty rupees.
61F. Formal Inquiry.- (1) In any formal inquiry prescribed for the determination of any question by or under this Act, or any law for the time being in force, the evidence shall be taken down in full, in writing in Kannada or English or in any such language as may be prescribed by the State Government for use in the District or part of the District, by the Irrigation officer conducting the inquiry and shall be signed by him.
(2) Where on account of physical disability or other reason to be recorded, the Irrigation officer conducting the inquiry does not take down the evidence himself, he shall cause such evidence to be taken down in full in writing in his presence and hearing and under his personal superintendence and direction, and such record shall be signed by him.
(3) Every decision or order after a formal inquiry shall contain a full statement of the grounds on which it is made or passed and shall be written and signed by the Irrigation officer making the decision or passing the order, or from the dictation of such Irrigation officer, in which case, a certificate to that effect shall be made and signed by such Irrigation officer in his own hand.
61G. Summary inquiry.- When a summary inquiry is prescribed for determination of any question by or under this Act or any law for the time being in force, the Irrigation officer conducting such inquiry shall himself, as such inquiry proceeds, record in his own hand, in Kannada or in English or in any other language of the taluk or village as declared by State Government, the summary of the evidence and a minute of the proceedings containing the material averment made by the parties interested, the decision and the reasons for the same:
Provided that, it shall at any time be lawful for the Irrigation officer, if he deems fit, to conduct an inquiry directed by this Act to be summary, under all or any of the provisions applicable to a formal inquiry.
61H. Formal and Summary enquiry to be deemed judicial proceedings.-A formal or a summary inquiry under this Act shall be deemed to be "judicial proceedings" within the meaning of sections 228, 257 and 267 of the Bhartiya Nyaya Sanhita, 2023 (central Act 45 of 2023), and
the Irrigation officer or any authority holding a formal or summary inquiry shall be deemed to be a Civil Court for the purposes of such inquiry.
61I. Hearing and decision to be taken in public after notice.- (1) Every hearing whether in a formal or summary inquiry, shall be taken in public and the parties or their recognized agents shall have due notice to attend. Every order passed after the hearing, shall be signed and pronounced in open court on a day of which due notice shall be given to the parties or their recognized agents:
Provided that, when neither a party nor his recognized agent is present in court when the order is pronounced, the substance of the order containing the decision shall be communicated by post to such party or his recognized agent.
(2) If any party to a case or proceeding, whether in a formal or summary inquiry does not appear on the date fixed for hearing, after due service of a notice or summons on him, the case or proceeding may be heard and determined in his absence, or may be dismissed for default, as the case may be.
(3) The party against whom any order is passed under sub-section (2) may apply within thirty days from the date of such order or knowledge of the order in case the notice or summons was not duly served, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing and the Irrigation Officer may, after a notice to the opposite party who was present on the date on which such order was passed and after making such inquiry as he considers necessary, set aside the order passed and decide the case on merits.
61J. Enquiries other than formal and summary.-An inquiry which this Act does not require, either to be formal or summary, or which any Irrigation Officer may, on any occasion, deem to be necessary to make in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the State Government, and, subject to such rules, according to the discretion of the officer in such a way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.
61K. Enforcement Agency or Task Force.- The irrigation officer whenever feels it appropriate for effective implementation of the provisions of the Act to prevent the offences under section 55 may seek assistance of enforcement agency or task force such as Karnataka Police, Karnataka State Industrial Security Force or any other appropriate agency and such agency may have the power to prevent the offences under this act and to take custody of such persons and to produce before the Irrigation Officer or competent authority as the case may be."
15. Substitution of section 65.- In the principal Act, for section 65, the following shall be substituted, namely:-
"65. Appeals.-(1) Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act or the rules made there under,-
(a) if such an order is passed by the Executive Engineer, to the Superintending Engineer;
(b) if such an order is passed by the Superintending Engineer, to the Chief Engineer; and
(c) if such an order is passed by the Chief Engineer, to the Technical Director of the concerned Nigam.(Karnataka Neeravari Nigama, Krishna Bhagya Jala Nigama, Cauvery Neeravari Nigama and Visvesvaraya Jala Nigama)
(2) Any person aggrieved by an order of 1st appellate authority passed under this Act, may within thirty days from the date of communication of the order, prefer an appeal to the authority as defined under sub section (1) of section 65.
(3) A second appeal shall lie against any order passed in a first appeal under sub section (2) of section 65 within period of Sixty days from the date of order or from the date of communication of the decision an order passed in second appeal shall be final. A second appeal shall lie to:
(a) if such an order is passed by the superintending Engineer, to the Chief Engineer;
(b) if such an order is passed by the Chief Engineer, to the Technical Director of the concerned Nigam; and
(c) if such an order is passed by the Technical Director of the concerned Nigam to the CADA Administrator of the concerned Project.
16. Amendment of section 66.- In section 66 of the principal Act, for the words, "Divisional Commissioner" wherever the words occurs, the words, "Command Area Development Authority Administrator of the project concerned" shall be substituted.
17. Insertion of new sections 66A and 66B.- In the principal Act, after section 66, the following sections shall be inserted, namely:-
"66A. Application of the Limitation Act Save as otherwise provided in the Act.-The provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall mutatis mutandis apply to all appeals and revision under this Act.
66B. Expeditious disposal of proceedings.-The Irrigation court shall endeavor to dispose of all proceedings including appeals filed before it within a period of six months from the date of initiation of such proceeding.”
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