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The C.G. Irrigation Act, 1931

(Act No. 3 of 1931)

Last Updated 2nd November, 2019 [cg097]

Chapter I

Definitions

(a) all canals, channels and reservoirs including submerging tanks, tubewells, drainage works, and lift irrigation works constructed, maintained or controlled by the State Government for the supply or storage of water for irrigation;

(b) all works, roads, embankments, structures, supply and escape channels connected with or constructed for the purpose of facilitating the construction or maintenance of such canals, channels or reservoirs;

(c) all uncompleted works which, when completed, will fall within clause (a) or (b); and

(d) all land acquired or set apart for any of the above, but does not include a water-course.

(a) when it is classed in the annual papers of the village under any description which the State Government may, by rules made under this Act, declare to have the meaning of "wet" for the purposes of this definition; or

(b) when it has been declared by Executive Engineer, to be wet.

(a) it is commanded by a canal;

(b) it is under cultivation; and

(c) it is not wet.

Chapter II

Canal Official and their Charges and Powers

(a) The Chief Engineer;

(b) Superintending Engineer;

(c) Executive Engineers;

(d) Sub-Divisional Officers; and

(e) Canal Deputy Collectors.

(a) if an order under Section 34 is passed by a Collector or canal officer, to the Commissioner;

(b) if an order under Section 38 is passed by a canal officer subordinate to the Executive Engineer, to the Executive Engineer;

(c) if an order under Section 44 is passed by a canal officer, to the Collector;

(d) if an order under Section 47 is passed by a canal subordinate, to the Canal Deputy Collector or Sub-Divisional Officer; and, if it is passed by a Canal Deputy Collector or Sub-Divisional Officer otherwise than on appeal, to the Executive Engineer;

(e) if an order under Section 56 is passed by a Superintending Engineer, to the Chief Engineer;

(f) if an order under sub-section (1) of Section 62 is passed by a Collector, to the Commissioner; and

(g) if an order under Section 73 is passed by an Executive Engineer, to the Superintending Engineer.

(a) to the commissioner or Chief Engineer-

(b) to the Collector, Superintending Engineer or Executive Engineer-

(c) to the Canal Deputy Collector or Sub-Divisional Officer-

Chapter III

Rights to Water

(a) the stoppage or diminution of the percolation or flow of water;

(b) the deterioration of climate or soil; or

(c) the stoppage of navigation, or of the means of drifting timber or water cattle :

(i) the rent or revenue of any land has been reduced, or

(ii) the supply of water to or from a tank or other constructed work has been diminished.

Chapter IV

Construction and Maintenance of Canals

(a) enter upon any lands adjacent to any canal or water-course or through which any canal or water-course is to be made, and undertake surveys or levels thereon;

(b) dig and bore into the sub-soil;

(c) make and set up suitable land-marks, level-marks, water-gauges and other apparatus;

(d) do all other acts necessary for the proper prosecution of any inquiry relating to any existing or projected canal or water-course under the charge of the said canal officer;

(e) where otherwise such inquiry cannot be completed, cut down and clear away any part of any standing crop, fence or jungle; and

(f) enter upon any land or building for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with canal revenue and of doing all things necessary for the proper regulation and management of any canal :

Chapter V

The Supply of Water from Canals and Charges Therefor

(a) under an irrigation agreement, in accordance with the provisions of Chapter VI;

(b) on demand, for the irrigation of specified areas;

(c) to supplement a village tank;

(d) for industrial, urban or other purposes not connected with agriculture;

(e) for the irrigation of a compulsorily assessed area.

(a) when it is allowed or caused to flow on to land, or into a village tank, or into a private system of irrigation, or into any system for the supply of water for an industrial, urban or other purpose not connected with agriculture, so that the owners or occupiers of such land or system thereby obtain for such land or system water to which they are not entitled under the provisions of this Act or of the rules or of any agreement or contract made thereunder; or

(b) when it is taken from any canal, outlet or water-course in contravention of any of the provisions of this Act or of the rules made thereunder or of any order by a canal officer passed thereunder.

Chapter VI

Irrigation Agreements

(a) shall be for the irrigation of one or more specified crops, which are called "crops under agreements";

(b) shall be made with the permanent holders of all irrigable land in a village, mahal or chak cultivated with the crops under agreement;

(c) when duly made in accordance with the provisions of this chapter, shall be binding, according to the terms of the agreement, on the permanent holders and occupiers of-

(i) all irrigable land in the village, mahal or chak under cultivation with the crops under agreement at the time from which the agreement has effect or at any time during two years prior thereto :

(a) be binding on the permanent holders and occupiers, if any of all cultivable land newly received in exchange for land which has ceased to be under cultivation; and

(b) ceased to be binding on the permanent holders and occupiers, if any, of all land which has ceased to be under cultivation;

(ii) all land described in sub-clause (i), together with such land as may be cultivated with the crops under agreement at any time during the period of the agreement;

(a) canal revenue payable thereunder shall be payable-

(i) if the case falls under clause (c)(i) of Section 46, for every year on all land under agreement, whether it has been sown or not and irrigated or not except under the situation where water could not be supplied for irrigation; and

(ii) if the case falls under clause (c)(ii) of Section 46, for, any year on all land under agreement, which has been sown that year with any of the crops under agreement, whether it has been irrigated or not except under the situation where water could not be supplied for irrigation;

(b) the canal revenue payable on any land for any year shall be collected from the occupier, or, on his default, from the permanent holder of such land;

(c) at any time when the amount of water available is deficient, or when damage is anticipated to the canal if a full discharge of water is delivered, its supply may be regulated in such manner as the Executive Engineer may determine;

(d) no claim shall arise against the Government for compensation for any loss arising from a failure or shortage in the supply of water for irrigation or from an excess of such supply :

(a) prescribing the periods and the crops for which irrigation agreements may be made;

(b) prescribing the forms of irrigation agreements, and providing for the inclusion therein of incidents and conditions in addition to but consistent with those contained in this Act; and

(c) regulating the procedure of canal officer in carrying out their duties under this chapter.

Chapter VI-A

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(a) the expression "new canal" means :

(i) a canal, the construction of which has been undertaken on or after the 1st April, 1951; or

(ii) such existing canal, the improvement or extension of which has been undertaken on or after the said date;

(b) "commanded area" in relation to a new canal means the area comprising of all land which may be irrigated from that canal by the flow of water under gravity and without the need of lifting or pumping the water:

(a) Rs. 140 per acre, payable in one lump sum; or

(b) Rs. 224 per acre payable consecutively for twenty years, excluding the years in which recovery thereof may be postponed by the State Government in accordance with Section 58-1, as under :-

(i) Rs. 8 per acre per year for the first five years;

(ii) Rs. 12 per acre per year for the next fourteen years;

(iii) Rs. 16 per acre fro the twentieth year.

(i) as a result of new canal, the price of land situated in a commanded area has not risen by more than fifty per centum over the prices prevailing prior to availability of irrigation facilities from such canal:

(ii) the permanent holder who having already constructed private irrigation work, prior to the commencement of the new canal, on his land does not desire to avail of the irrigation facilities from such new canal.

(i) specifying the commanded area defining the boundaries thereof;

(ii) appointing the place or places at which the particulars of holding of permanent holders whose lands are situated in the commanded area specified in clause (i) can be seen;

(iii) appointing a Revenue Officer not below the rank of a Sub-Divisional Officer (hereinafter referred to as the Authorised Officer) who shall enquire into and determine the amount of betterment contribution payable by each permanent holder; and

(iv) specifying a date not less than three months from the date of the publication of such notification and requiring every permanent holder in the said area who objects to the inclusion of any land within the commanded area or to the correctness of any particulars regarding his holding to present to the Authorised Officer a written objection on or before such date, stating the nature of his objection and the relief sought by him.

(a) the lands (with Khasra Nos and area) commanded by the new canal;

(b) the betterment contribution payable by each permanent holder in respect of the land specified under (a) above.

(i) in the case of first appeal, it is filed within 60 days from the date of the order appealed against; and

(ii) in the case of second appeal, it is filed within 90 days from the date of the order appealed against.

(I) in computing the period aforesaid, the time requisite for obtaining a copy of the order appealed against shall be excluded; and

(II) the provisions of Section 5 of the Limitation Act, 1963 (No. 36 of 1963), shall apply to such appeals.

Chapter VI-B

Irrigation Cess

Chapter VII

Collection Of Canal Revenue

(a) x x x;

(b) assist the officer of the Irrigation Department in detecting, and preventing encroachments on canal lands, prevent damage to irrigation works, and report any wilful damage caused to irrigation works;

(c) assist the officers of the Irrigation Department in arranging for the construction of water-courses, in recording and checking irrigation, and in making measurements and settling disputes;

(d) collect irrigation revenue and remit it to the treasury; and

(e) arrange for the repair of water courses.

Chapter VIII

Construction and Maintenance of Water-Courses

(a) shall relate to the construction of water-courses for the irrigation of all irrigable land in a village, mahal or chak cultivated with one or more specified crops; and

(b) shall be made with the permanent holders of all such land in a village, mahal or chak :

(a) he may, by public proclamation in the village, require that the repairs be made to his satisfaction on or before a specified date; and

(b) if the repairs are not made to his satisfaction by such date, he may stop the supply of water to the water-course; or

(c) he may cause the repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders or occupiers in proportion to the areas held by them in the land which is ordinarily irrigated or may be irrigated under an agreement through such water-course :

(a) prescribing the forms of water-course contracts;

(b) regulating the procedure of canal officers in discharging their duties under this chapter;

(bb) determining under Section 68-B the liability of permanent holders and the manner in which it shall be discharged;

(c) prescribing the liabilities of permanent holders and occupiers of land under Section 69;

(d) prescribing the circumstances in which the assessment in a compulsorily assessed area may be cancelled.

Chapter VIII-A

Construction and Maintenance of Field Channels

(i) prefer an objection in writing before the date specified in the notice;

(ii) if he desires to be heard in person, appear before the Executive Engineer on such date;

(iii) state, whether he would execute the work himself or would prefer it to be executed at his cost by the State Government.

(i) the nature of the work to be undertaken;

(ii) the names of the permanent holders or occupiers required to undertake the work;

(iii) the period within which the work should be completed :

(i) maintain it in a fit state of repairs;

(ii) allow the use of it to any person entitled to take water therefrom;

(iii) construct and maintain all works necessary for the passage across such field channel and for affording proper communications across it for the convenience of the permanent holders and occupiers of the neighbouring land.

(a) in respect of any act done or purporting to be done under this chapter; or

(b) on the ground that any field channel interferes or is likely to interfere with his rights in any manner.

Chapter IX

Construction and Maintenance of Private Irrigation Works

(a) that he has endeavoured unsuccessfully to acquire the land; and

(b) that he desires the Collector on his behalf and at his cost, to acquire the land for him under this Act.

(a) that he has endeavoured unsuccessfully to acquire the land;

(b) that he desire the Collector on his behalf and at his cost, to acquire the land for him under this Act;

(c) that he is willing and in a position to deposit, when so required all costs involved in the acquisition of the land; and

(d) that he is in a position to meet the cost of construction of the work he desires to undertake.

(a) whether the proposed improvement is of sufficient importance to justify action under this Act;

(b) whether the most suitable situation or alignment tor the proposed work necessitates the acquisition of the land;

(c) whether the execution of the work is likely to cause damage to land belonging to other permanent holders, and whether any such land should be acquired;

(d) whether the statements in the application mentioned in Section 82 are true; and

(e) generally, whether the application should be granted.

(a) to construct the work for the purpose for which the land has been acquired under this Act; or

(b) to construct and maintain the necessary works in accordance with the conditions stated in sub-section (3) of Section 87 to the satisfaction of the Collector;

(a) construct and maintain to the satisfaction of the Executive Engineer all works which, in the opinion of the Executive Engineer, are required for the passage of water or traffic across the aforesaid private water-course or of water-course existing previous to its construction and of drainage intercepted by such private water-course, and for affording proper communication across it for the convenience of the neighbouring lands;

(b) maintain the water-course in proper repair so long as it is an area under an agreement or in a compulsorily assessed area;

(c) allow its use in the manner and to the extent provided by Section 89-C.

(a) he may, by a notice served upon the persons liable under sub-section (1) require that the construction or repairs be made to his satisfaction on or before a specified date; and

(b) if the construction or repairs are not made to his satisfaction by such date he may stop the supply of water to the water-course; or

(c) he may cause the construction and repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders owning or using the water-Course in proportion to the areas held by them in the land which is ordinarily irrigated through the water-course.

(a) the stoppage or diminution of the percolation or flow of water; or

(b) the deterioration of climate or soil; or

(c) the stoppage of navigation, or of the means of drifting timber or water cattle :

(i) the rent or revenue of any land has been reduced; or

(ii) the supply of water to or from a tank or other constructed work has been diminished.

(a) the conditions on which grants or loans of money may be made under Section 76;

(b) the manner in which Government may enforce the proper construction and maintenance of grant-in-aid irrigation works;

(c) the circumstances in which applications under Sections 78 or 80 may be granted; and

(d) the procedure in any inquiry or proceeding under this chapter.

Chapter IX-A

Requisitioning of Tanks Etc.

(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;

(b) where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the requisitioned property is situate;

(c) no compensation shall be payable to any person other than a person who, in the opinion of the State Government or the arbitrator owns or has an interest in the tank requisitioned;

(d) during the period the tank remains under requisition, the amount of compensation payable annually on the person owning or having an interest in such tank shall not exceed the average annual income of such person during the three years immediately preceding the requisition calculated after deducting the expenditure incurred on the maintenance of such tank from-

(i) irrigation dues;

(ii) use of the tank for growing singhara, fishing or any other purpose of like nature whether by the person aforesaid himself or his lessee;

(iii) sale of grass from the embankment of the tank.

(a) where any canals, water-courses or other works connected with such tank have during the period of requisition been constructed wholly or partly at the expenses of the State Government and the State Government decides that the value of, or the right to use, such canals, water-courses or words should be preserved or secured for the purposes of the State Government or the owner declines to reimburse the State Government the expenditure incurred on the construction of such canals, water- courses or works or any improvement made to the tank; or

(b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the State Government, be excessive, having regard to the value of the property at that time, and the owner declines to accept the release from requisition of the property without payment of further compensation from the State Government.

(i) the procedure to be followed in arbitrations under Section 91-C;

(ii) the principles to be followed in apportioning the costs of proceedings before the arbitrator.

(i) the definition of canal in Section 3 shall be construed as if for the words "by the State Government" occurring in clause (a) of that section the words "whether by the State Government or any other person" had been substituted therein;

(ii) the expression "requisitioned property" means property requisitioned under sub-section (1) of Section 91-B.

Chapter IX-B - Omitted

Chapter X

Rules, Offences and Repeals

(a) prescribing the manner in which irrigation panchayats shall be constituted and dissolved, conferring on them further powers and allotting to them further duties, regulating their procedure, and providing for their remuneration;

(a-l) regulating the control and distribution of irrigation beyond the outlet, prescribing the authority controlling and distributing such irrigation and providing for all matters connected with such control and distribution including the levy and recovery of charges for the purpose of remunerating such authority;

(b) prescribing the rates at which diet-money shall be paid to persons required to attend an inquiry under this Act; and

(c) generally, for the purpose of carrying into effect the provisions of this Act.

(a) damages, alters, enlarges or obstructs any canal;

(b) interferes with, increases, or diminishes the supply of water in, or the flow of, water from, through, over or under, any canal;

(c) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal;

(d) being responsible for the maintenance of water-course, or using waste of the water thereof, or interferes with the authorised distribution of the water therefrom or uses such water in an unauthorised manner;

(e) receiving water in his fields for irrigation, neglects to take proper precautions for the prevention of waste of such water;

(f) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;

(g) being a permanent holder, occupier, cultivator or agricultural labourer, resident in a village in which a proclamation under Section 36 has been made, neglects to attend at the place appointed or refuses or neglects to carry out the duties allotted to him;

(h) destroys, injures, defaces or removes any land-mark, level-mark, water-gauge or other apparatus fixed by the authority of a canal officer;

(i) causes animals or vehicles to pass on or across any of the works, banks or channels or any canal after such passage has been prohibited by a canal officer;

(j) causes or knowingly and wilfully permits animals to graze or be tethered upon the bank or border of any canal after such grazing or tethering has been prohibited by a canal officer;

(k) removes or injures any tree, bush, grass or other vegetation growing on any canal; or

(l) eases himself on the banks or in the channel of a canal;

(i) be punishable in respect of offences mentioned in clauses (a) to (h), with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both; and when the offence is a continuing one, with an additional fine not exceeding twenty rupees for every day after the first during which the offence has been persisted in;

(ii) be punishable in respect of offences mentioned in clauses (i) to (1) with fine which may extend to one thousand rupees and if the same person is subsequently convicted for a like offence he shall be liable for imprisonment which may extend to one month for each such subsequent conviction.