{ "id": 15375, "slug": "bihar-lift-irrigation-act-1956", "title": "Bihar Lift Irrigation Act, 1956", "short_title": "Bihar Lift Irrigation Act, 1956", "act_number": "(Bihar Act 16 of 1956)", "act_year": 1956, "act_type": "STATE", "location": "Bihar", "law_status": "unknown", "enactment_date": null, "description": "Bihar Lift Irrigation Act, 1956", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "[(1) 'assured irrigable command area' means an area declared to be an assured irrigable command area under Section 20;]\n(1a) \"Collector\" means the Collector of a district and includes any officer appointed by the State Government to exercise all or any of the powers of a Collector under this Act;\n(2) \"Court\" means a principal Civil Court of original jurisdiction unless when the State Government has appointed (as it is hereby empowered to do), either specially for any case, or generally within any specified local limits, a judicial officer to perform the functions of the Court under this Act, and then the expression \"Court\" means the Court of such officer;\n(3) \"drainage work\" means any work in connection with the system of Lift Irrigation which has been or may hereafter be made or improved by the State Government for the purpose of drainage of any area whether under the provisions of Part IV of this Act, or otherwise, and includes escape-channels from a Lift Irrigation Work, dams, weirs, embankments, sluices, groins and other works connected therewith;\n(4) \"Lift Irrigation\" means irrigation by lifting water by means of a pump operated otherwise than by human or animal power;\n(5) \"Lift Irrigation Work\" means all tube-wells and river pumping sets worked by electricity or oil hitherto constructed, maintained or controlled by the State Government for the lifting, supply or storage of water or which may hereafter be so constructed, maintained or controlled and include. -\n(a) all works, embankments, reservoirs, channels, structures, wells and supply or escape-channels connected with a tube-well or river pumping set;\n(b) all village channels as defined in clause (9);\n(c) any part of a river stream, lake,natural collection of water or natural drainage to which the State Government has applied the provisions of Part II of this Act, or of which the water has been applied or used before the passing of this Act for the purpose of any Lift Irrigation Work;\n(d) all lands on the banks of any Lift Irrigation Work as defined in subclauses (a), (b) and (c) of this clause, which have been acquired by the State Government; and\n(e) all mechanical and electrical appliances connected with a tube-well or river pumping set such as, pumps, motors, metres, valves, pipes and strainers;\n(6) \"Lift Irrigation Officer\" means an officer appointed under this Act to exercise control or jurisdiction over a Lift Irrigation Work or any part thereof; and includes every officer to whom any of the functions of a Lift Irrigation Officer under this Act has been assigned by the State Government;\n(7) \"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 the provisions of this Act shall attach jointly and severally to every person having such joint interest in the ownership;\n(8) \"prescribed\" means prescribed by Rules made under this Act; and\n(9) \"village channel\" means any channel by which water is led from a Lift Irrigation Work directly into the fields to be irrigated and includes all subsidiary work connected with any such channel, except the measuring and distributing vat through which water is supplied from a Lift Irrigation Work to such channel.", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Power to appoint officer.", "chapter": null, "content": "Part II\nApplication of Water for Public Purposes", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Decision of State Government for application of water of any river or natural stream for public purposes.", "chapter": null, "content": "(a) a period which shall not less than thirty days from the date of such publication, during which any person whose interests are likely to be affected by the proposed declaration, may present in writing to the Collector any petition of objection to such declaration; and\n(b) a day which shall not be less than fifteen days after the expiration of the period mentioned in clause (a) on which the Collector shall hear any petition of objection received during the period mentioned in clause (a).", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Powers of Lift Irrigation Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Procedure in respect of claims for compensation.", "chapter": null, "content": "Part III\nMaintenance of Lift Irrigation Works", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Entry for inquiry.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Power to inspect and regulate water-supply.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Power to enter for repairs and to prevent accidents.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Notice to occupier of building, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Compensation for damage to land.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Appeal from Collectors' decision to Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. State Government to provide means of drainage.", "chapter": null, "content": "Part IV\nDrainage", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. State Government may prohibit formation of obstructions within certain limits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Lift Irrigation Officer may issue notice to person causing obstruction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Lift Irrigation Officer may cause obstruction to be removed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Disposal of claims to compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Limitation of such claims.", "chapter": null, "content": "Part V\nVillage Channels", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Application of Sections 46 to 73 of Ben. Act III of 1876.", "chapter": null, "content": "Part VI\nSupply of Water\n[20. Declaration of assured irrigable command area of a Lift Irrigation Work.\n[21. Filing of application for inclusion in or exclusion from assured irrigable cammand area.\n[22. Order to be recorded in writing.\n[22A. Persons entitled to have supply of water.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "23", "title": "23. Lift Irrigation Officer may supply water for purposes other than those of irrigation.", "chapter": null, "content": "Part VII\nWater-Rates\n[24. Charges for water to be determined by the State Government.\n(i) A person desiring supply of water to his field through the notified canal shall apply to the Canal Officer to this effect in writing in the prescribed form;\n(ii) several persons working jointly may also make application in this behalf;\n(iii) the Canal Officer if he grants applications so received, he shall give his permission in writing on the applications:\n(iv) if the Canal Officer receives applications from at least seventy five per cent farmers of paddy fields of local area, he may take such action as if application for supply of water from all the farmers of paddy field of the said area have been received by him and he may order for supply of water to all the paddy fields of that area and every farmer of paddy fields of that area, who has even not made application for supply of water shall be liable to pay water rate:", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "25", "title": "25. Liability of occupiers of lands benefitting from unauthorised use of water.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "26", "title": "26. Liability when water runs to waste.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "27", "title": "27. Chrges recoverable in addition to penalties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "28", "title": "28. Power to contract for collection of Lift Irrigation dues.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "29", "title": "29. Sums due to be recoverable as public demands.", "chapter": null, "content": "Part VIII\nJurisdiction", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "30", "title": "30. Settlement of disputes as to mutual rights and liabilities of persons interested in village channel.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "31", "title": "31. Dispute as to shares and payments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "32", "title": "32. Order passed by the Collector and Lift Irrigation Officer to remain in force until set aside by Civil Court.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "33", "title": "33. Appeal and supervision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "34", "title": "34. Power to summon and examine witness.", "chapter": null, "content": "Part IX\nOffences and Penalties", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "35", "title": "35. Offences under the Act.", "chapter": null, "content": "(1) damages, alters, enlarges or obstructs any Lift Irrigation Work or drainage work; or\n(2) interferes with, increases or diminishes the supply of water in, or the flow of the water from, through, over or under, any lift Irrigation Work or drainage work, or by any means raises or lowers the level of the water in any Lift Irrigation Work or drainage work; or\n(3) being responsible for the maintenance of a village channel or using a village 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; or refuses to allow the use of the channel to others on such terms as may be declared equitable by the Lift Irrigation Officer; or\n(4) corrupts or fouls the water of any Lift Irrigation Work so as to render it less fit for the purposes for which it is ordinarily used; or\n(5) destroys, defaces or moves any level-mark or water-gauge fixed by the authority of a public servant; or\n(6) destroys, or removes any apparatus, or part of any apparatus for controlling or regulating the flow of water in any Lift Irrigation Work or drainage work; or\n(7) passes, or causes animals or vehicles to pass,in or across any of the works, banks or channels of a Lift Irrigation Work contrary to Rules made under this Act after he has been desired to desist therefrom; or\n(8) without the permission of the Lift Irrigation Officer causes or knowingly and wilfully permits, any cattle to graze upon any embankment of a Lift Irrigation Work or tethers, or causes or knowingly and wilfully permits any cattle to be tethered, upon any such embankments, or uproots any grass or other vegetation growing on any such embankments, or removes, cuts or in any way injures or causes to be removed, cut or otherwise injured, any trees, bushes, grass or hedge intended for the protection of such embankments; or\n(9) violates any Rule made under the Act, for breach whereof a penalty may be incurred;", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "36", "title": "36. Obstruction to be removed and damage repaired.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "37", "title": "37. Persons employed on Lift Irrigation Work may take offenders into custody.", "chapter": null, "content": "(1) willfully damages or obstructs any Lift Irrigation Work; or\n(2) without proper authority interferes with the supply of flow of water in or from any Lift Irrigation Work or in any river or stream referred to in Section 4 or Section 14, so as to make dangerous or render less useful any Lift Irrigation Work.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "38", "title": "38. Savings of prosecution under other laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "39", "title": "39. Compensation to person injured.", "chapter": null, "content": "Part X\nRules", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "40", "title": "40. Power to make Rules.", "chapter": null, "content": "(a) the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;\n(b) the cases in which, the officers to whom, and the conditions subject to which, orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;\n(c) the person by whom, the time, place or manner at or in which anything for the doing of which provision is made in this Act shall be done;\n(d) the amount of any charge made under this Act;\n(e) the regulation of the distribution of water by rotation or otherwise; and\n(f) any other matter which is expressly required to be, or may be, prescribed.\n(a) The Lift Irrigation Officer may not stop the supply of water to any village channel or to any person who is entitled to such supply, except in the following cases. -\n(i) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by a competent authority;\n(ii) whenever and so long as any village channel is not maintained in such repair as to prevent the wasteful escape of water therefrom;\n(iii) Whenever and so long as it is necessary to do so in rotation to supply the legitimate demands of other persons entitled to water; and\n(iv) whenever and so long as it may be necessary to stop the supply in order to prevent the wastage or misuse of water.\n(b) No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of water in a Lift Irrigation Work, by reason of any cause beyond the control of the State Government, or of any repairs, alterations or addition to the Lift Irrigation Work, or of any measures taken for regulating the proper flow of water therein or for maintaining the established course of irrigation which the Lift Irrigation Officer considers necessary; but the person suffering such loss shall be entitled to such remission of the ordinary charges payable for the use of water as is authorised by the State Government.\n(c) If the supply of water to any land irrigated from a Lift Irrigation Work be interrupted otherwise than in the manner described in clause (b), the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising tor such interruption, and the Collector shall award to the petitioner reasonable compensation for such loss.\n(d) When the water of a Lift Irrigation Work is supplied for the irrigation of any crop, the permission to use such water shall be held to continue only so long as the maximum volume of water stipulated has not been supplied.\n(e) No person entitled to use the water of any Lift Irrigation Work shall sell or sub-let or otherwise transfer his right to such use without the permission of the Lift Irrigation Officer; but all contracts made between the State Government and the owner and occupier of any immovable property, as to the supply of water from any Lift Irrigation Work to such property, shall be transferable wherewith and shall be presumed to have been so transferred whenever a transfer of such property takes place.", "footnote": "", "is_definition": false, "sort_order": 35 } ], "metadata": { "Act ID": "bh369", "Act Number": "(Bihar Act 16 of 1956)", "Enactment Date": "", "Act Year": "1956", "Short Title": "Bihar Lift Irrigation Act, 1956", "Type": "STATE", "Location": "Bihar" }, "updated_at": "2026-09-29 21:55:19" }