The Bombay Irrigation Act, 1879

{
    "id": 16704,
    "slug": "the-bombay-irrigation-act-1879",
    "title": "The Bombay Irrigation Act, 1879",
    "short_title": "The Bombay Irrigation Act, 1879",
    "act_number": "Bombay Act No. 7 of 1879",
    "act_year": 1879,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bombay Irrigation Act, 1879",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "Local extent.\n2.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "3",
            "title": "3. Interpretation clause.",
            "chapter": null,
            "content": "(1) \"canal\" includes-\n(a) all canals, channels, [water, courses, pipes and reservoirs] constructed, maintained or controlled by [any Government] for the supply or storage of water;\n(b) all works, embankments, structures and supply and escape-channels connected with such canals, channels, pipes or reservoirs, and all roads constructed for the purpose of facilitating the construction or maintenance of such canals, channels, pipes or reservoirs;\n(c) all [field channels] , drainage-works and flood embankments as hereinafter respectively defined;\n(d) any part of a river, steam, lake, natural collection of water or natural drainage-channels, to which the [ [State] Government] may apply the provisions of section 5, or of which the water has been applied or used before the passing of this Act for the purpose of any existing canal;\n(e) all land belonging to [the [Government] which is situated on a bank of any canal as hereinbefore defined, and which has been appropriated under the orders of [any Government] for the purposes of such canal;\n[(2) 'water-course' means a channel constructed and maintained at the cost of the Government to supply water from an outlet;]\n[(2A) \"Field-channel\" means any channel or pipe, constructed and maintained by the holder of land either by himself or jointly with other holders of lands or constructed by the Government at the cost of, and maintained by such holder or holders beyond a water-course and includes all subsidiary works connected with any such channel or pipe;\n(2B) \"outlet\" means an opening which is constructed by the [State] Government in a canal through which water is delivered into a water course, field-channel or directly to any lands;]\n(3) \"drainage-work\" means any work in connection with a system of irrigation or reclamation made or improved by [any Government] for the purpose of the drainage of the country, whether under the provisions of section 15 or otherwise, and includes escape-channels from a canal, dams, weirs, embankments, sluices, groins and other works-connected therewith, but does not include works for the removal of sewage from towns;\n(4) \"flood-embankment\" means any embankment constructed or maintained by [any Government] in connection with any system or irrigation or reclamation works for the protection of lands from inundation or which may be declared by the [ [State] Government] to be maintained in connection with any such system, and includes all groins, spurs, dams and other protective works connected with such embankments;\n[(4A) \"bandhara\" means any structure permanent or otherwise constructed or maintained for the purposes of impounding or diverting water of any river, stream, lake or any natural collection of water and includes any weirs, sluices, head walls, groins or any other works connected with such bandhara;]\n(5) \"Collector\" [* * *] (includes any officer appointed by the [ [State] Government] to exercise all or any of the powers of a Collector under this Act;\n(6) \"Canal-officer\" means any officer lawfully appointed or invested with powers under section 4;\n[(6A) \"Lands under irrigable command of a canal\" means such lands as are irrigated or capable of being irrigated from the canal, being under its command and shall include also such lands as are or shall be deemed to be irrigated within the meaning of section 48;]\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;\n(9) \"the Land Acquisition Act\" means the Land Acquisition Act, 1894 (I of 1894);]\n(10) \"the Land Revenue Code\" means the Bombay Land Revenue Code, 1879. (Bombay V of 1879)1",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "4",
            "title": "4. Appointment of Canal-officers.",
            "chapter": null,
            "content": "(a) appoint such officers with such designations, and assign to them respectively such powers and duties, under this Act, as [ [State] Government] or such officer may deem fit:\n(b) invest [any] [Government Officer] , in any department, either personally, or in right, of this office, or any other person with such powers, and impose upon him such duties, under this Act, as [ [State] Government or such officer may deem fit:\nPart II\nOf the Construction and Maintenance of Canals Application of Water or Purposes of Canals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "5",
            "title": "5. Notification when water supply to be applied for purposes of canal.",
            "chapter": null,
            "content": "Powers of Entry on Land, Etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "6",
            "title": "6. Powers of Canal Officers for purpose of so applying water-supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "7",
            "title": "7. Entry for inquiry.",
            "chapter": null,
            "content": "(a) enter upon such land as he may think necessary for the purpose, and\n(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 [band Acquisition Act] to the effect that land in that locality is likely to be needed for a public purpose, and\n(c) set up and maintain water-gauges and do all other things necessary for the prosecution of such inquiry and examination.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "8",
            "title": "8. Power to inspect and regulate water-supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "9",
            "title": "9. Power to enter for repairs and to prevent accidents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "10",
            "title": "10. Notice to occupier of building etc.",
            "chapter": null,
            "content": "Canal Crossings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "11",
            "title": "11. Means of crossing canals to be provided and obstruction to drainage to be avoided.",
            "chapter": null,
            "content": "Removal of Obstructions to Drainage\n12. [State] Government may prohibit formation of obstructions of rivers, etc. within certain limits.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "13",
            "title": "13. Canal-officer may issue order to person causing obstruction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "14",
            "title": "14. Canal-officer may cause obstruction to be removed.",
            "chapter": null,
            "content": "Construction of Drainage-Works",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "15",
            "title": "15. When drainage-works are necessary, [State] Government may order scheme to be carried out.",
            "chapter": null,
            "content": "Part III\nOf [Field Channels]\n[Obligation Regarding Construction of [Field-Channel [***] ]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15A",
            "title": "15A. Obligation of holder of land to obstruct [field-channel] .",
            "chapter": null,
            "content": "Construction of New [Field-Channel]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "16",
            "title": "16. Construction of new [field-channel] by private arrangement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Application for construction by Canal-officer of the [field-channel] .",
            "chapter": null,
            "content": "(1) that he is ready to defray all the expenses necessary for acquiring the land and constructing such [field-channel] .\n(2) that he desires the said Canal-officer in his behalf and at his cost to do all things necessary for constructing such [field-channel] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Procedure when Canal-officer considers construction of [field-channel] expedient.",
            "chapter": null,
            "content": "Application by person wishing to be joint owner.\nIf application admitted applicant liable for share of cost.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Collector to acquire land.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Procedure after construction of [field-channel] .",
            "chapter": null,
            "content": "[Scheme for Construction of [Field-Channels]\n20A. [Scheme for construction of [field-channels] .\n(i) the object of the scheme;\n(ii) the area to which the scheme is applicable;\n(iii) the proposed [field-channel] and the most suitable alignment thereof;\n(iv) the [***] area which is likely to be needed for construction of the proposed [field-channel] and the plan indicating such area;\n(v) survey numbers and acreage of each of the lands to be benefited by the [field-channel] and the names of the holders thereof;\n(vi) period within which each holder of the land mentioned in item (v) should construct either by himself or jointly with other holders [the [field-channel] for the carriage of the water from the canal to his land;\n(vii) approximate cost of the acquisition of land, if any, to be occupied by the [field-channel] ;\n(viii) approximate cost of the construction of the [field-channel] , (including the cost of the acquisition of the land, if any,) in case the holders of land fail to come forward to construct the [field-channel] ;\n(ix) the extent of the liability of each holder of land to construct the [field-channel] , and in the event of the holder not intimating under clause (d) of sub-section (5) that he is willing to construct the [field-channel] himself for jointly with others or intimating that he is not willing to do so, the extent of the liability of such holder of land to pay the cost of the construction of the [field-channel] ;\n(x) such other particulars as may be prescribed by rules.\n(a) sanction the draft scheme with or without modifications,\n(b) publish the sanctioned scheme [in such manner] as may be prescribed by rules [***] .\n(c) send [a copy of the sanctioned scheme so published to the Collector, and]\n[(d) issue notice in the prescribed form and manner to each holder of the land mentioned in the sanctioned scheme, requiring the holder to intimate the Canal-officer in writing, within one week from the receipt of the notice his willingness to construct by himself for jointly with other holders the [field-channel] for the carriage of water from the canal to his land.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20B",
            "title": "20B. Collector to acquire land needed for field-channel.",
            "chapter": null,
            "content": "[20C. Authorised Canal-officer to construct [field-channel] .\n(a) give notice to each holder of land who has expressed, under clause (d) of sub-section (5) of section 20A, his willingness to construct the [field-channel] within the period specified in the final scheme and in the prescribed manner calling upon him to construct the [field-channel] in his land to the extent to which he may be liable to do so under the final scheme;\n(b) proceed to construct the [field-channel] in the land to which clause (a) does not apply in accordance with the final scheme at the cost of the holder of such land; and\n(c) require the holder of the land concerned to pay to the State Government, in a case where the land to be occupied by the [field-channel] or any part thereof has been acquired by Government under section 20B, such sum as may be payable by him in accordance with the appointment of the cost of acquisition of the land made under the final scheme.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "20D",
            "title": "20D. Canal-officer to construct [field-channel] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "20E",
            "title": "20E. Consequences of completion of construction of [field-channel] .",
            "chapter": null,
            "content": "(i) [**] issue a certificate to that effect in the prescribed form, and\n(ii) [**] by order in writing, transfer the land acquired under section 20B and occupied by the [field-channel] to all holders of land benefited by the [field-channel] and thereupon the land so transferred shall, along with the [field-channel] constructed thereon, jointly vest] in all such holders and the provisions of sections 21 to 25 (both inclusive) shall apply to such holders as they apply to the owner of a [field-channel] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "20F",
            "title": "20F. Mode of payment of cost of construction of [field-channels] , etc.",
            "chapter": null,
            "content": "(i) either in lump sum within the prescribed period, or\n(ii) in such instalments not exceeding [five] with simple interest at 4 ½ percent per annum on or before such dates as may be fixed by the authorised Canal-officer.\nRights and Obligations of Owners of [Field-Channels]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "21",
            "title": "21. Obligations of owner of [field-channels] .",
            "chapter": null,
            "content": "(a) to construct and maintain all works necessary for the passage across such [field-channel] , or canals, [field-channels] , drainage-channels and public roads existing at the time of its construction, and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the occupants of neighbouring lands;\n(b) to maintain such [field-channel] in a fit state of repair for the conveyance of water;\n(c) to allow the use of it to other or to admit other persons as joint owners thereof on such terms as may be prescribed under the provisions of section 23;\nRights of owners and users of [field channels] .\n(d) to have a supply of water by such [field-channel] , at such rates and on such terms, as may from time to time be prescribed under section 44 and by the rules made by [the [State] Government] under section 70:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "22",
            "title": "22. Arrangement with owner by other person.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "23",
            "title": "23. Canal-officer after inquiry may authorise supply or declare applicant to be joint owner.",
            "chapter": null,
            "content": "24.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "25",
            "title": "25. If owner fails to execute work or to repair [field-channel] Canal-Officer may execute same.",
            "chapter": null,
            "content": "Persons using [field-channel] to pay share of expenses of repair.\n[Bandharas]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "25A",
            "title": "25A. Obligation to repair bandharas situated in alienated lands and villages and talukdari villages.",
            "chapter": null,
            "content": "(i) In the case of a bandhara which irrigates only land situated in a village or villages of which the revenue is shared between the holder and the State Government, the apportionment of expenses for repairs between the holder and the State Government shall be in the same proportion in which the revenue is shared by them.\n(ii) In the case of a bandhara which irrigates land situated in any village or villages of which the revenue is shared between the holder and the State Government and also land situated in any unalienated village or villages or which irrigates land situated in the wanta portion of a talukdari village and also other land in the said village the cost of repairs shall first be calculated in the prescribed manner having regard to the total area of land irrigated by the bandhara. The proportionate share of cost in respect of a village or villages of which the revenue is shared between the holder and the State Government shall then be worked out on the basis of the proportion which the area of land situated in such village or villages bears to the total area of land irrigated by the bandhara. The proportionate expenses in respect of land in such village or villages so arrived at shall be borne by the holder and the State Government as provided in clause (i) above.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "25B",
            "title": "25B. Execution of repairs to bandhara if holder fails to carry out the same.",
            "chapter": null,
            "content": "Settlement of Disputes Concerning [Field-Channels]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "26",
            "title": "26. Settlement of disputes as to mutual rights and liabilities of persons interested in [field-channels] .",
            "chapter": null,
            "content": "Part IV\nOf the Supply of Water Applications for Supply",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "27",
            "title": "27. Water to be supplied on written application.",
            "chapter": null,
            "content": "And water may be supplied for purposes other than those of irrigation.\nProvisions as to Supply",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "28",
            "title": "28. Power to stop Water-Supply.",
            "chapter": null,
            "content": "(a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority;\n(b) whenever and so long as may [field-channel] by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water therefrom;\n(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;\n(d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;\n(e) within periods fixed from time to time by a Canal-officer duly empowered in this behalf, of which due notice shall be given;\n[(f) whenever and so long as it is necessary to stop such supply pending a change in the source thereof by a Canal-officer [* * *] ;\n[(g) in accordance with the condition, if any, providing for stoppage of water supply, subject to which permission for water to be taken may have been given] .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "29",
            "title": "29. Duration of supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "30",
            "title": "30. Agreements for supply of water transferable with property in respect of which supply given.",
            "chapter": null,
            "content": "Right to use of water not transferable in other case without permission of Canal-officer.\nPart V\nOf the Award of Compensation Compensation when Claimable",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "31",
            "title": "31. Compensation in cases of ascertainable substantial damage.",
            "chapter": null,
            "content": "(a) deterioration of climate, or\n(b) stoppage of navigation, or the means of rafting timber or of watering cattle, or\n(c) stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 5, if no use have been made of such supply, within the five years next before the date of issue of the notification under section 37, or\n(d) failure or stoppage of the water in a canal, when such failure or stoppage is due to-\n(1) any cause beyond the control of [the [State] Government] ,\n(2) the execution of any repairs, alterations or additions to the canal, or\n(3) any measures considered necessary by any Canal-officer duly empowered in this behalf for regulating the proper flow of water in the canal, or for maintaining the established course of irrigation;\nRemission of water-rates when allowable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "32",
            "title": "32. Limitation of claims.",
            "chapter": null,
            "content": "33.\nSummary Decisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "34",
            "title": "34. Compensation for damage caused by entry on land, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "35",
            "title": "35. Compensation on account of interruption of water supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "36",
            "title": "36. Decision as to amount of compensation under either of last two sections conclusive.",
            "chapter": null,
            "content": "Formal Adjudications",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "37",
            "title": "37. Notice as to claim for compensation in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "38",
            "title": "38. Claims to be referred to Collector.",
            "chapter": null,
            "content": "[39. Collector to be guided by the provisions of the Land Acquisition Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "40",
            "title": "40. Diminution in market value to be considered in fixing compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "41",
            "title": "41. Compensation when due.",
            "chapter": null,
            "content": "Interest.\nAbatement of Land Revenue and Rent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "42",
            "title": "42. Abatement of revenue demand on interruption of water-supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "43",
            "title": "43. Abatement of inferior holder's rent on interruption of water-supply.",
            "chapter": null,
            "content": "Enhancement of inferior holder's rent on restoration of water supply.\n[Part VI\nWater Rates, Betterment Charges and Irrigation Cess] Supply Rates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "44",
            "title": "44. Determination of rates for supply of canal-water.",
            "chapter": null,
            "content": "Provision for cases in which existing water supply is improved.\nOccasional Rates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "45",
            "title": "45. Liability when person using water unauthorizedly cannot be identified.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "46",
            "title": "46. Liability when water runs to waste.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "47",
            "title": "47. Charges recoverable in addition to penalties.",
            "chapter": null,
            "content": "Percolation and Leakage-Rates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "48",
            "title": "48. Land deriving benefit from percolation liable to water rate.",
            "chapter": null,
            "content": "[48A. Levy of water rate for use of percolation water for non-irrigation purposes.\n[Betterment Charges]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "49",
            "title": "49. Scheme of Irrigable lands under command and betterment charges on construction or improvement, etc. of a canal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "50",
            "title": "50. Publication of scheme and notice to owners and persons interested.",
            "chapter": null,
            "content": "(a) to the inclusion of the lands in the scheme as the lands under irrigable command of the canal, the\n(b) to the imposition and recovery of the betterment charges on such lands.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "51",
            "title": "51. Inquiry and award.",
            "chapter": null,
            "content": "(a) the lands under irrigable command of the canal.\n(b) the increase in value of such lands by the completion of the construction of a new canal or the improvement or extension of an existing canal.\n(c) the amount of the betterment charges leviable on each of the said lands.\n(d) the date from which such betterment charges shall be leviable:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "52",
            "title": "52. Increase in value and betterment charges.",
            "chapter": null,
            "content": "(a) the date of the commencement of construction of any work in connection with the construction or improvement or extension of a canal, as the construction date;\n(b) the date of completion of the construction, improvement or extension of a canal as the completion date.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "53",
            "title": "53. Appeals to the Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "54",
            "title": "54. Revision by state Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "55",
            "title": "55. Finality of orders of State Government, Collector's decision and award.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "56",
            "title": "56. Betterment charges to be first charged on land next to land revenue.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "56A",
            "title": "56A. Payment of betterment charges.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "56B",
            "title": "56B. Relinquishment or exchange of land in lieu of the payment of betterment charges.",
            "chapter": null,
            "content": "Irrigation Cess",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "56C",
            "title": "56C. Levy of irrigation cess.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "56D",
            "title": "56D. Liability for irrigation cess.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "56E",
            "title": "56E. Rate and period of irrigation cess.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "56F",
            "title": "56F. Date for payment of irrigation cess.]",
            "chapter": null,
            "content": "Recovery of Water-Rates and other Rates in Arrears\n[57. Payment and recovery of water rates and other dues.\n(b) any rent or instalment thereof payable to the owner of a [field-channel] , which is not paid when it becomes due may, on behalf of the owner, be recoverable as arrears of land revenue in accordance with the provisions of [the Land Revenue Code] .\nPart VII\nOf Obtaining Labour for Canals on Emergencies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "58",
            "title": "58. Procedure for obtaining labour for works repairs urgently required.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "59",
            "title": "59. List of labourers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "60",
            "title": "60. Reports to be made by Canal-officer.",
            "chapter": null,
            "content": "Part VIII\nOf Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "61",
            "title": "61. For damaging canal, etc.",
            "chapter": null,
            "content": "(1) damages, alters, enlarges or obstructs any canal;\n(2) interferes with, or increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal, or by any means raises or lowers the level of the water in any canal;\n(3) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used;\n(4) destroys, defaces or moves any land or level mark or watergauge fixed by the authority of a public servant;\n(5) destroys, tampers with, or removes, any apparatus, or part of any apparatus, for controlling, regulating or measuring the flow of water in any canal;\n(6) passes or causes animals or vehicles' to pass, in or across any of the works, banks or channels of a canal contrary to rules made under section 70, after he has been desired to desist therefrom;\n(7) causes or knowingly and wilfully permits cattle to graze upon any canal or flood-embankment, or tethers or causes or knowingly and willfully permits cattle to be tethered, upon any such canal or embankment, or roots up any grass or other vegetation growing on any such canal or embankment, or removes, cuts or in any way injures, or causes to be removed, cut or otherwise injures any tree, bush, grass or hedge intended for the protection of such canal or embankment;\n(8) neglects, without reasonable cause to assist or to continue to assist in the execution of any repair, clearance or work, when lawfully bound so to do under section 58;\n(9) violates any rule made under section 70 for breach whereof the [ [State] and whoever [Government] shall, in such rules, direct that a penalty may be incurred;\n(10) being responsible for the maintenance of a [field-channel] , or using a [field-channel] , neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom, or uses such water in an unauthorized manner or prevents or interferes with the lawful use of such [field-channel] by any person authorized to use the same or declared to be a joint-owner thereof under section 23;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "62",
            "title": "62. For endangering stability of canal, etc.",
            "chapter": null,
            "content": "(1) pierces or cuts through, or attempts to pierce or cut through, or otherwise to damage, destroy or endanger the stability of any canal;\n(2) opens, shuts or obstructs, or attempts to open, shut or obstruct any sluice in any canal;\n(3) makes any dam or obstruction for the purpose of diverting or opposing the current of a river or canal on the bank whereof there is a flood embankment, or refuses or neglects to remove any such dam or obstruction when lawfully required to do so;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "63",
            "title": "63. Obstruction to be removed and damage repaired.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "64",
            "title": "64. Person employed on canal may take offenders into custody.",
            "chapter": null,
            "content": "(1) wilfully damages, obstructs or fouls any canal, or\n(2) without proper authority interferes with the supply or flow of water, in or from any canal, or in any river, or stream so as to endanger, damage, make dangerous or render less useful any canal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "65",
            "title": "65. Saving of prosecution under other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "66",
            "title": "66. Payment of fine as award to informant.",
            "chapter": null,
            "content": "Part IX\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "67",
            "title": "67. Appeals against order under Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "68",
            "title": "68. Power to summon and examine witnesses.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "69",
            "title": "69. Service of notices.",
            "chapter": null,
            "content": "[69A. Protection of action taken in good faith.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "69B",
            "title": "69B. Use of land acquired for field channel for other purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "70",
            "title": "70. Power to make, alter and cancel 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[(ca) the manner of constructing a [field-channel] under section 15A;]\n[(cb) the other particulars to be specified in, and the manner of publishing, a draft scheme under section 20A;]\n[(cc) the manner of publishing a final scheme and the manner and form of notice to be issued to each holder of land under section 20A;]\n(cd) the form of a notice under section 20C and the manner of giving such notice;\n(ce) the form of a certificate under section 20E;\n(cf) the period for lump sum payment under section 20F;]\n(d) the amount of any charge to be made under this Act;\n[(dd) the manner in which the cost of repairs shall be calculated under sub-section (2) of section 25A;]\n[(dl) the other manner in which a scheme shall be published under section 50;\n(d2) the date for payment of, the rate of interest on the period within which the instalments of betterment charges shall be paid under section 56A;\n(d3) the suspension or remission of betterment changes, the instalments thereof and the interest thereon;\n(d4) the conditions subject to which the relinquishment or exchange of lands shall be permitted under section 56B;\n(d5) the division into zones of lands under the irrigable command of a canal for the purpose of the betterment changes leviable on such lands;]\n(e) and generally to carry out the provisions of this Act.\nPublication of rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "71",
            "title": "71. Saving of municipal water-works.",
            "chapter": null,
            "content": "[Part X]\nOf Second-Class Irrigation Works",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "72",
            "title": "72. Application of this Part.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "73",
            "title": "73. Notification of Second-class Irrigation works.",
            "chapter": null,
            "content": "(a) declaring that it is proposed to constitute any canal, [channel, watercourse] stream, river, [well, tubewell, artesian well] , pipe, or reservoir, natural or artificial [or bandhara] or any part thereof, whether constructed, maintained or controlled by [the [State] Government] or not, which is actually used or required for the purposes of irrigation, a Second-class Irrigation Works;\n(b) fixing a period of not less than four months from the date of publication of such notification in the [ Official Gazette ] for the submission of objections to such proposal];",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "74",
            "title": "74. Proclamation by the Collector.",
            "chapter": null,
            "content": "(a) specifying, as nearly as possible, the source of supply, situation and limits of the Second-class Irrigation Work notified under sub-section (3) of section 73;\n(b) stating that this Part applies to the work so notified from the date of the notification published under sub-section (3) of section 73; and\n(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right in the work so notified either to present to the Collector within such period a written notice specifying, or to appear before him and state, the nature of such right.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "75",
            "title": "75. Application of certain sections of the main Act.",
            "chapter": null,
            "content": "(i) In section 16 before the word \"any\" prefix the words-\n(ii) In section 17 before the word \"any\" prefix the words \"Subject as aforesaid\".\n(iii) in section 21 for clause (d), the following shall be substituted, namely:-\n\"(d) To have a supply of water on such terms as may be prescribed in the Record-of-rights prepared or revised as hereinafter provided.\"\n(iv) To section 22 the following proviso shall be added, namely:-\n(v) In section 30 for the words \"every agreement for\" the words \"all rights to \"shall be substituted, and in the same section after the words \"property\" the word \"which have been recorded in the Record-of-rights prepared or revised as hereinafter provided\" shall all be inserted.\n(vi) In Part V, section 31, proviso clause (c) and the last paragraph shall be omitted.\n(vii) In Part V, section 34, the words and figures \"section 6, section 7\", shall be omitted.\n(viii) In Part IX, section 67, after the figures \"48\" the words \"and Part X\" shall be inserted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "76",
            "title": "76. Framing of Record-of-rights.",
            "chapter": null,
            "content": "(a) the nature of the Second-class Irrigation Work and work subsidiary thereto,\n(b) the land irrigable therefrom,\n(c) the custom or rule of irrigation,\n(d) the rights to water and the conditions on which such rights are enjoyed, and,\n(e) such other matters as the [ [State] Government] may by rules prescribe in this behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "77",
            "title": "77. Powers of Canal-officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "78",
            "title": "78. Revision of Record-of-rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "79",
            "title": "79. Commutation of rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "80",
            "title": "80. Power of [State] Government] where works are undertaken increasing supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "81",
            "title": "81. Publication of Record-of-rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "82",
            "title": "82. Entries in the Record-of-rights to be relevant as evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "83",
            "title": "83. Notice of suit to be given to the Collector.",
            "chapter": null,
            "content": "Suits against State Government.\nPeriod of Limitation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "84",
            "title": "84. Obligation to carry out petty repairs.",
            "chapter": null,
            "content": "(1) The filling up of gullies, ruts and holes, especially at the back of revetments, and all petty repairs of a like nature essential for the safety of bunds, of tanks, channel-banks or other portions of the said Second-class Irrigation Work.\n(2) The prevention of the growth on such work of prickly pear, young trees and other vegetation endangering the safety or concealing the condition of such work.\n(3) The preservation of such bushes and grasses as have been planted for the protection of the interior water slopes of such work.\n(4) The clearance of silt from sluices, supply and distributing channels.\n(5) The clearance of waste weirs and waste channels.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "85",
            "title": "85. Incidence of obligation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "86",
            "title": "86. Power to enforce rights and obligations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "87",
            "title": "87. Duty of Patel to report failure to effect repairs.",
            "chapter": null,
            "content": "88.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "89",
            "title": "89. Power to make rules.",
            "chapter": null,
            "content": "(i) the manner of framing and revising the Record of rights,\n(ii) the proceedings of any officer who under the provisions of this Part is required to take action in any matter,\n(iii) and generally to carry out the provisions of this Part.\n[90. Repeal and savings.\n(a) the previous operation of the enactment so repealed or anything duly done or suffered thereunder, or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under the enactment so repealed; or\n(c) any penalty, forfeiture or punishment incurred in respect of any offence under the enactment so repealed; or\n(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;\n[Part XI]\nPanchayat Irrigation Works",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "91",
            "title": "91. Application of certain provisions of the Act to Panchayat Irrigation Works.",
            "chapter": null,
            "content": "(1) References to State Government in sections 11, 15, 25, sub-section (2) of section 25A and clause (a) of sub-section (4) of section 57 shall be construed as references to district panchayat;\n(2) References to Collector except in sub-section (5) of section 3, sections 18, and 19, clause (c) of sub-section (5) of section 20A, and section 20B shall be construed as references to District Development Officer;\n(3) References to the Canal-officer, shall be construed as references to the Officer authorized for the purpose by the controlling panchayat;\n(4) In sub-section (1) of section 73, for the words \"Mamlatdar's Office\" the words \"Office of the Taluka Development Officer\" shall be substituted;\n(5) In section 87, for the words \"Patel\" and \"Mamlatdar\" the words \"gram panchayat\" and \"district panchayat\" shall respectively be substituted.\nExplanation.\n[Part XII]\nSpecial Provisions Regulating the Construction and Maintenance of Tubewells, Artesian Wells and Borewells",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "92",
            "title": "92. Definitions.",
            "chapter": null,
            "content": "(a) \"artesian well\" means a well which taps artesian or piestie water having piezometric level above the ground;\n(b) \"Borewell\" means a well drilled in hard rock areas where the bore can stand on its own and where lining by pipes is not necessary, and includes a dug-cum-bore well;\n(c) \"Ground water\" means water under the surface of the earth regardless of the geological structure in which it is stationary or moving and includes all ground water reservoirs;\n(d) \"prescribed\" means prescribed by rules made under section 101;\n(e) \"Regional Canal Officer\" means a Canal Officer authorized by the State Government by notification in the Official Gazette to perform the functions of the Regional Canal Officer under this Part in such area, as may be specified in the notification;\n(f) \"Tubewell\" means a deep bore drilled into the ground for the purpose of drawing water through one or series of permeable layers of water bearing strata.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 97
        },
        {
            "number": "93",
            "title": "93. Areas to which this Part applies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "94",
            "title": "94. Regulation of construction and maintenance of tubewells, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "95",
            "title": "95. Grant of licence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "96",
            "title": "96. Regulation of existing tubewells, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "97",
            "title": "97. Cancellation of licence.",
            "chapter": null,
            "content": "(a) any licence granted under section 95 has been obtained by fraud or misrepresentation as to an essential fact, or\n(b) the holder of a licence has, without reasonable cause, failed to comply with the terms and conditions subject to which the licence has been granted, or has contravened any of the provisions of this Part or the rules made under section 101, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Part, the Regional Canal Officer may after giving the holder of the licence an opportunity of showing cause, by order, cancel the licence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "98",
            "title": "98. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "99",
            "title": "99. Regulation of use of water.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "100",
            "title": "100. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "101",
            "title": "101. Power to make rules.",
            "chapter": null,
            "content": "(a) the form of application for the grant of a licence under section 95, the particulars to be contained in such application and the fees to be accompanied with such application;\n(b) the form of licence to be granted under section 95;\n(c) the form in which information may be furnished by the holder of an agricultural land under section 96 and the form of certificate to be granted under that section;\n(d) the authority to which an appeal may be preferred under section 98, the period within which such appeal shall be preferred and the value of court-fee stamps which such appeal shall bear;\n(e) the manner of construction of tubewells, artesian wells or borewells exceeding forty-five metres in depth;\n(f) any other matter which is required to be, or may be, prescribed.\nThe Schedule\n[See Section 93(1)\n[See Section 93(1)\nAREAS\nAREAS",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "1",
            "title": "1. Ahmedabad District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "2",
            "title": "2. Banaskantha District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "3",
            "title": "3. Baroda District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "4",
            "title": "4. Broach District..",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "5",
            "title": "5. Gandhinagar District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "6",
            "title": "6. Kaira District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "7",
            "title": "7. Kutch District.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "8",
            "title": "8. Mehsana District..",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "9",
            "title": "9. Sabarkantha District.]",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        }
    ],
    "metadata": {
        "Act ID": "guj087",
        "Act Number": "Bombay Act No. 7 of 1879",
        "Enactment Date": "",
        "Act Year": "1879",
        "Short Title": "The Bombay Irrigation Act, 1879",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}