The Bihar Public Irrigation and Drainage Works Act, 1947

{
    "id": 15869,
    "slug": "the-bihar-public-irrigation-and-drainage-works-act-1947",
    "title": "The Bihar Public Irrigation and Drainage Works Act, 1947",
    "short_title": "The Bihar Public Irrigation and Drainage Works Act, 1947",
    "act_number": "(Bihar Act 10 of 1947)",
    "act_year": 1947,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Public Irrigation and Drainage Works Act, 1947",
    "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": "[(a) \"assured irrigable command area\" means an area declared to be an assured irrigable command area under Section 25A;\n(a1) \"probable irrigable command area\" means an area declared to be a probable irrigable command area under Section 25-A;\n(a2) \"Chief Engineer\" means the Chief Engineer of the Public Works Department of the [Provincial] Government, and includes any person appointed by the Governor, by Notification, to be Chief Engineer for the purposes of this Act either generally or in respect of any proposed work or sanctioned work specified in such Notification;]\n[(a3) \"Collector\" means the Collector or the Deputy Commissioner of a district and includes an Additional Collector, a District Development Officer and any officer specially appointed by the State Government to perform all or any of the functions of a Collector under this Act;]\n(b) \"drainage work\" means any work intended to remove water from any land;\n(c) \"Executive Engineer\" means the officer appointed by the Governor to be Executive Engineer in any area, and includes any person appointed by the Governor, by Notification to be Executive Engineer for the purposes of this Act either generally or in respect of any proposed work or sanctioned work specified in such Notification;\n(d) \"person having an interest\" means -\n(1) in relation to any land for which rent is paid in kind, the landlord and the tenant of such land;\n(2) in relation to any land, other than land referred to in sub-clause (3), for which rent is paid in cash or for which no rent is paid; the person in immediate possession of such land or, if such person is an underraiyat ; having no right of occupancy in the land, the raiyat of such land; and\n(3) in relation to any land the rent of which is remitted under any law for the time being in force on the ground that it has become unfit for cultivation and which subsequently becomes fit for cultivation as the result of any action taken under this Act, the landlord and the tenant of such land;\nExplanation.\n(e) \"prescribed\" means prescribed by Rules made by the [Provincial] Government under this Act;\n(f) \"proposed work\" means any work specified in Section 3 in respect of which a direction that it shall be executed has not been issued under sub-section (1) of Section 5;\n[(g) \"public irrigation work\" means any work of irrigation or any system of such work, natural or artificial, the construction, maintenance or improvement of which is financed wholly or partly by the State Government and includes -\n(i) all canals, channels, tanks, reservoirs, ponds, spring ponds, lakes and other natural collection of water or parts thereof, all embankments, barrages, weir, dams, guide banks, and all other works which are constructed, improved or maintained by the State Government for the purposes of irrigation; and\n(ii) all lands used for the purposes of the work mentioned in sub-clause (i) and all buildings, machinery, fences, gates and other erection connected therewith on such lands;]\n[(h) \"Revenue Officer\" means any officer whom the Collector or the Deputy Commissioner of a district may, by notification, appoint to discharge all or any of the functions of the Revenue Officer under this Act; and]\n(i) \"sanctioned work\" means a proposed work in respect of which a direction that it shall be executed has been issued under sub-section (1) of Section 5 [or under Section 5-A.]\n[(j) \"Command area\" means an area declared to be the command areas of a public irrigation work by the State Government by Notification published in the Official Gazette.]\nChapter II\nInitiation of Proceedings and Preparation of Scheme.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Initiation of proceedings and hearing of objections.",
            "chapter": null,
            "content": "(i) any public irrigation work,\n(ii) any drainage work for the improvement or reclamation of agricultural lands,\n(iii) any drainage work for the improvement of public health in any locality, or\n(iv) any work for the prevention or control of flood,\n(a) a period which shall not be less than forty-five days from the date of such publication, during which any person whose interests are likely to be affected by the proposed work, may present in writing to the prescribed authority any objection to the proposed work; and\n(b) a date, which shall not be less than fifteen days after the expiration of the period mentioned in clause (a), on which the prescribed authority shall hear any objection received during the period mentioned in clause (a) relating to the proposed work.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Forwarding of report by Collector to the [Provincial] Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Consideration of the report of the prescribed authority and the recommendations of the Collector by Provincial Government and orders of Provincial Government thereon.",
            "chapter": null,
            "content": "[5A. Power of State Government to direct execution of work in case of urgency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Particulars to be contained in and documents accompanying detailed plan and estimate.",
            "chapter": null,
            "content": "(a) the area likely to be benefited by the work;\n(b) the estimated cost of the work, including -\n(i) the estimated cost of the construction of the work,\n(ii) the estimated cost of the acquisition of land and payment of compensation, and\n(iii) the estimated cost of preparing a register, if any, under Chapter VII and a register under Chapter VIII; and\n(c) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Orders of Provincial Government modifying sanctioned work.",
            "chapter": null,
            "content": "Chapter III\nPowers of Officers Preparing Plans or Executing works.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Powers of officers and compensation for damage caused by the exercise of such powers.",
            "chapter": null,
            "content": "(a) enter upon, survey and take levels of any land;\n(b) dig or bore into the sub-soil of any land;\n(c) do all other acts necessary to ascertain whether the land is suitable for any of the purposes of the proposed work or the sanctioned work;\n(d) set out the boundaries of the lands likely to be benefited by the proposed work or the sanctioned work and the intended line of the work;\n(e) mark such boundaries, levels and lines by placing marks or cutting trenches; and\n(f) if the survey cannot otherwise be made, cut down and clear away any standing crop, tree, fence or jungle or any part thereof:\nChapter IV\nAcquisition of Land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Acquisition of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power of Collector to take immediate possession of land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Modification of the Land Acquisition Act, 1894.",
            "chapter": null,
            "content": "Chapter V\nExpenditure on Proposed Works and Sanctioned Works",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Expenditure in connection with proposed work to be borne by [Provincial] Government.",
            "chapter": null,
            "content": "(a) the cost of preparing under the orders of the [Provincial] Government a rough plan and estimate of cost, if any, of the proposed work; and\n(b) the cost of any action taken in. accordance with the provisions of subsection (1) of Section 8 before the issue of an order under sub-section (1) of Section 5 [or Section 5A] directing that the proposed work shall be executed and all sums paid to any person as compensation under sub-section (2) of Section 8.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Expenditure in connection with sanctioned work.",
            "chapter": null,
            "content": "(b) If any doubt arises as to the amount of the expenses incurred in connection with any portion of a sanctioned work or the date on which benefits began to accrue to any lands from any portion of such work, the decision of the [Provincial] Government in the matter shall be final.\n(a) all the expenses specified in clauses (a) and (b) of sub-section (2) of Section 12 incurred in respect of the said work before the issue of an order under sub-section (1) of Section 5 [or Section 5A] directing that the said work shall be executed;\n(b) the cost of preparing a detailed plan and estimate of the said work under sub-section (3) of Section 5 [or Section 5A;]\n(c) all sums paid as compensation under the proviso to sub-section (1) of Section 10;\n(d) all sums paid as compensation under Chapter VI of this Act;\n(e) all sums awarded as compensation for any land acquired under the Land Acquisition Act, 1894 (1 of 1894), for the purposes of the said work;\n(f) the expenses incurred by the [Provincial] Government in the construction of the said work;\n(g) the cost of making surveys and preparing registers under Chapters VII and VIII; and\n(h) the interest calculated at the rate and in the manner specified in Section 23 on the amount as the expenses mentioned in clauses (a) to (g).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Power of [Provincial] Government to make modifications in the estimated cost of work.",
            "chapter": null,
            "content": "Chapter VI\nCompensation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Compensation for consequential damage.",
            "chapter": null,
            "content": "(a) for any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; or\n(b) for any damage caused by -\n(i) any stoppage or diminution of percolation or of floods,\n(ii) any deterioration of climate or soil,\n(iii) any stoppage of navigation or of the means of rafting timber or watering cattle.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Determination of compensation.",
            "chapter": null,
            "content": "(a) the market value of the land or right injuriously affected at the time when the act was done or the work executed;\n(b) the damage sustained by the claimant by reason of such act or work injuriously affecting the land or right;\n(c) the consequent diminution of the market value of the land or right injuriously affected, when the act was done or the work executed; and\n(d) whether the claimant has derived or is likely to derive any benefit from the act or work in respect of which the compensation is claimed, or from any work connected therewith, in which case the estimated value of such benefit,if any, shall be set off against the compensation which would otherwise be paid to such person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Award by Collector and subsequent proceedings.",
            "chapter": null,
            "content": "Chapter VII\nPreparation of Preliminary Register and Estimate of Rates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Order for preliminary survey and preparation of preliminary register.",
            "chapter": null,
            "content": "Chapter VIII\nPreparation of Register and Assessment of Rates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Order for survey and preparation of register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Preliminary publication of register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Final publication of register and statement of amounts to be recovered from landlords and tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Alteration of amounts entered in finally published statement.",
            "chapter": null,
            "content": "Chapter IX\nRecovery of The Cost of Sanctioned Work",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Recovery of cost of sanctioned work and interest on such cost.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Recovery of cost of maintenance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Recovery of interest and cost of maintenance by a cess.",
            "chapter": null,
            "content": "Explanation.\n[25A. Declaration of assured irrigable command area or probable irrigable command area of a public irrigation work.\n(i) A person desiring supply of water to his fields 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 application so received, he shall give his permission in writing on application;\n(iv) if the Canal Officer receives application from at least seventy-five per cent farmers of paddy fields of a local area, he may take such action as if application for supply of water from all the farmers of paddy fields of the said area have been received by him and may order 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:\n[25B. Levy of the water charge in lieu of recovery of costs or levy of cess.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Payment of dues and recovery of arrears.",
            "chapter": null,
            "content": "Chapter X\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Works to be constructed and maintained by [Provincial] Government.",
            "chapter": null,
            "content": "28. [Provincial] Government or its officers not liable for loss or damage.\n(a) any loss caused by the failure or stoppage of water in any irrigation work or the failure or partial failure of any drainage or other work mentioned in sub-section (1) of Section 3 owing to any cause whatsoever, or\n(b) any loss or damage caused by the overflow of water from any such work resulting directly or indirectly from any such work.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Bar of suits in Civil Court in respect of orders and proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. No suits in respect of acts done in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Claim for compensation to include claim for every loss.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Power to make Rules.",
            "chapter": null,
            "content": "(a) to prescribe -\n(i) the authority to whom objections referred to in clause (a) of subsection (1) of Section 3 shall be presented and who shall enquire into such objections under sub-section (3) of that Section and make a report on the objections to the Provincial Government under Section 4; and\n(ii) the manner of publication and the particulars that may be prescribed under the said sub-section;\n(b) to prescribe the fee to be paid on an objection made under clause (a) of sub-section (1) of Section 3 or under Section 7;\n(c) to prescribe the documents and the particulars referred to in Section 6;\n(d) to prescribe the manner in which the particulars of any modification of a sanctioned work shall be published under Section 7;\n(e) to prescribe the authority to whom appeals under sub-section (4) of Section 8 shall lie;\n(f) to prescribe the manner in which a survey shall be made and a register prepared under sub-sections (1) and (2) of Section 18 or subsection^) of Section 19 and the particulars which such register shall contain;\n(g) to prescribe the manner in which and the period for which a draft register shall be published under sub-section (3) of Section 18 or subsection (1) of Section 20;\n(h) to prescribe the authority to whom the Collector shall forward his recommendations under sub-section (4) of Section 18 or sub-section (2) of Section 20;\n(i) to prescribe the manner in which the register shall be published under sub-section (4) of Section 18;\n(j) to prescribe the authority to whom appeals under sub-section(3) of Section 20 shall lie;\n(k) to prescribe the manner in which a register shall be finally published under Section 21;\n(l) to prescribe the manner in which a notification issued under subsection (1) of Section 22 shall be published and the period for which it shall be published under sub-section (2) of the said Section;\n(m) to prescribe the manner in which objections made under sub-section (2) of Section 22 shall be considered;\n(n) to prescribe the rate of interest, if any, under sub-section (1) of Section 23;\n(o) to prescribe the rate of interest under sub-section (1) of Section 25;\n(p) to prescribe the authority to whom, the manner in which and the date on which sums due from any person shall be paid under sub-section (1) of Section 26;\n(q) to regulate the supply of water from any public irrigation work; and\n(r) to regulate the grant of remission of cess when the supply of water from any public irrigation work is insufficient for the lands entered in a register with reference to such work.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Powers to be cumulative.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Repeal of Bihar Act II of 1939.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        }
    ],
    "metadata": {
        "Act ID": "bh366",
        "Act Number": "(Bihar Act 10 of 1947)",
        "Enactment Date": "",
        "Act Year": "1947",
        "Short Title": "The Bihar Public Irrigation and Drainage Works Act, 1947",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}