The Sakri Canals Irrigation Rules, 1952

{
    "id": 15939,
    "slug": "the-sakri-canals-irrigation-rules-1952",
    "title": "The Sakri Canals Irrigation Rules, 1952",
    "short_title": "The Sakri Canals Irrigation Rules, 1952",
    "act_number": "Published vide Bihar Gazette, Extraordinary dated ",
    "act_year": 1952,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Sakri Canals Irrigation Rules, 1952",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "The Sakri Canals Irrigation Rules, 1952",
            "chapter": null,
            "content": "The Sakri Canals Irrigation Rules, 1952\nPublished vide Bihar Gazette, Extraordinary dated April 23, 1952, Notification No. B/A6-1012/51-1-5777, dated 18th April, 1952\nbh377\nThese Rules will come into operation, with effect from the 1st May, 1952.\n1.\nThese Rules may be called the Sakri Canals Irrigation Rules.\n2.\nIn these Rule :-\n(a)\n\"Form\"\nmeans a Form in the Appendix to these Rules;\n(b)\n\"Section\"\nmeans a Section of the Bengal Irrigation Act, 1876;\n(c)\n\"Collector of the District\"\nmeans the Civil Officer concerned in charge of one of the districts of Gaya, Patna or Monghyr;\n(d)\n\"Superintending Canal Officer\"\nmeans the Superintending Engineer, having control of any Division on the Sakri Canal;\n(e)\n\"Divisional Canal Officer\"\nmeans the Executive Engineer in charge of the Sakri Canals;\n(f)\n\"Sub-divisional Canal Officer\"\nmeans the Engineer Officer in charge of any subdivision of the Sakri Canals;\n(g)\n\"Sectional Canal Officer\"\nmeans the Engineer Officer in charge of any section of the Sakri Canals;\n(h)\n\"Canal Deputy Collector\"\nmeans the Deputy Collector in charge of the Irrigation Revenue Division of the Sakri Canals;\n(i)\n\"Canal Revenue Assistant\"\nmeans the Irrigation Revenue Officer concerned in charge of one or more Revenue circles under the Canal Deputy Collector;\n(j)\n\"Canal Ziladar\"\nmeans the officer appointed to make assessments or collection in Sakri Canals including the Revenue Division;\n(k)\n\"Chief Engineer\"\nmeans the Officer who controls, the work of the Superintending Canal Officer.\nApplications\n3.\n(1) Every application for the supply of water under Section 74 shall be submitted to the Sectional or Sub-divisional Canal Officer.\n(2) An application for the supply of water of any of the following classes shall be in the Form mentioned against such class :-\nClass of application\nForm No.\n(a)\nKharif\nseason lease\n...\n...\nII\n(b)\nRabi\nSingle watering\n...\n...\nIII\n4.\nAn application for a\nKharif\nseason lease -\n(a) May be made only in respect of a compact block of land bounded by field bandhs not less than\nnine\ninches high;\n(b) Shall be signed by occupiers of not less than 60 per cent, of the irrigable rice area in such block; and\n(c) Shall be submitted not later than 10th June, or on such later date as may be sanctioned by the Divisional Canal Officer.\nLeases\n5.\nA permit for the lease of outlet supply of any of the following classes shall be in the form mentioned against such class :-\nClass of lease Permit\nForm No.\n(a)\nKharif\nseason lease\n...\n...\nIX\n(b)\nRabi\nSingle watering\n...\n...\nX\n6.\nThe accepted application signed by at last 60 per cent of the occupiers concerned together with the permit signed by the authorised Canal Officer shall constitute the lease document and every lease shall be subject to the following conditions, namely :-\n(a) The lessee shall not use the water supplied to or taken by him, under such lease, except for the purpose of irrigating the land mentioned in the lease document.\n(b) The lessee shall be entitled to receive water for\nKharif\nirrigation from a water level in the Government channel or\nAhar\nnot lower than that of which the size of the outlet has been fixed.\n(c) The lessee shall not be entitled to flow irrigation unless existing appliances admit of such irrigation.\n(d) The lessee shall not construct, or be entitled to require the construction of, any earthen stop-darn or other work intended to raise temporarily the level of water in the Government channel.\n(e) The lessee shall not be entitled to receive water unless the village-channel through which it is conveyed is, in the opinion of the Sub-divisional Canal Officer, in such a state of repair as to prevent the waste of water during supply.\n(f) One or more\nLambardars\nshall be appointed in the manner specified in Rule 20 to represent the lessees and to perform the duties specified in Rule 22.\n(g) Each lessee shall be liable to assessment for water rate on receipt by the\nLambardar\nof the lease permit:\nProvided that if the\nLambardar\nreceives a permit for a\nKharif\nseason lease later than\nfifteen\ndays after receipt of the application by the Canal Officer to whom it is submitted, the\nLambardar\nshall be entitled to treat the permit as cancelled unless water has actually been supplied before issue of the permit under the written order of the Sub-divisional Canal Officer as authorised by Rule 27.\n(h) The outlet and portion of the village-channel in Government land shall be kept in a proper state of repair by the Irrigation Department.\n7.\nA permit for a\nKharif\nseason lease shall not be granted -\n(a) unless the block to be irrigated has well-marked boundaries distinguishing it clearly from the adjoining unleased lands and is so situated that such lands or adjoining blocks are in the opinion of the Sub-divisional Canal Officer not readily irrigable by water passed through the block;\n(b) unless the village-channel through which the water is to be supplied is of such length as is likely in the opinion of Canal Officer authorised to issue the permit to prevent any difficulty or excessive use of canal water in irrigation:\nProvided that if the Canal Officer refuses a permit on this ground, he shall state in his order of refusal the manner in which it is apprehended that waste will occur.\n8.\nThe Canal Officer may in granting a permit exclude from the lease any high land or isolated land included within the boundaries of the lease block which is not irrigable by direct flow and other land which is so low as practically never to require canal water during the\nKharif\nseason.\n9.\nA permit for a single watering during the\nKharif\nseason shall not be granted unless water is available after fully meeting the requirement of areas including in\nKharif\nseason leases.\n10.\n(1) The Superintending Canal Officer or the Chief Engineer; Irrigation, may, at request of the Canal Deputy Collector, direct the Divisional Canal Officer to cease to issue permits for the irrigation of lands situated in villages in which there have been repeated difficulties in realising more than 60 per cent of the water rates.\n(2) A direction issued under this Rule shall be in force until the arrears are paid or for such period not exceeding three years as may be specified therein.\nLambardars\n11.\n(1) The Sub-divisional Canal Officer may, in consultation with the applicants for any lease and with the\nZiladar\nconcerned, appoint one or more persons to be\nLambardars\nto represent all the applicants jointly or may appoint a person to be a\nLambardar\nto represent any section of such applicants.\n(2) If the Sub-divisional Canal Officer is unable to agree with the applicants as to the person or persons to be appointed as\nLambardar\n, the appointment shall be made by the Divisional Canal Officer.\n(3) No person shall be appointed to be\nLambardar\nunless he has a beneficial interest in the land to be irrigated or some part thereof and is sufficiently literate.\n12.\nThe Divisional Canal Officer may, for reasons to be recorded in writing, remove any\nLambardar\nwhom he considers unsuitable and may direct that another person shall be appointed as\nLambardar\nby the Sub-divisional Canal Officer in accordance with the provisions of Rule 11.\n13.\n(1) The\nLambardar\nshall -\n(a) obtain signatures of applicants for the supply of water and certify the correctness of such signatures;\n(b) attend and give assistance in measuring land irrigated or proposed to be irrigated;\n(c) give timely information to the Canal Officer of the irrigation requirements of the lease block and report promptly when the irrigation of the leased area under each outlet is completed;\n(d) supervise the distribution of the water supplied through an outlet amongst the persons entitled thereto and report any misuse of such water;\n(e) attend if required to do so when complaints are investigated by a Canal Officer and give any information required in connection with the investigation of such complaints;\n(f) receive from the Canal Officer and distribute demand slips\n(parchas)\nto the persons named therein and submit an early report regarding the distribution of such\npurchas\naccompanied by acknowledgements of their receipts by the ratepayers;\n(g) return to the Canal Officer for distribution by official agency all\nparchas\nnot distributed within\nfourteen\ndays of receipt by him;\n(h) report before the 20th October all cases in which crops have been injured by deficiency or irregularity of supply in the\nKharif\nseason;\n(i) assist the Canal Deputy Collector by pointing out the residences of the persons assessed and identifying them and by generally helping in the collection of water-rates.\n(2) The\nLambardar\nshall be entitled to verify at site the gauge reading recorded in the gague book by a gauge reader, and may report any discrepancy to the Sub-divisional Canal Officer.\n14.\n(1) The authorised Canal Officer shall pay to the\nLambardar\nas remuneration for the performance of the duties mentioned in Rule 13 a proportion of the total water-rate assessed on the occupiers represented by him and calculated as follows :-\n@ Rs. 2 per Rs. 100 of assessment for all leases.\nFractions of a rupee in the total of the assessment and pies in the amount of remuneration shall be\nomitted\n.\n(2) The remuneration payable to the\nLambardar\nshall be deemed-to be payable in the proportion of one-third for water-rate assessment work, one-third for water-rate collection work and one-third for water distribution work, and shall be paid by the Canal Officer not later than the 31st October of the next\nKharif\nseason.\n(3) Such remuneration shall not be paid to the\nLambardar\nunless he has satisfactorily performed the duties specified in Rule 13 and the Divisional Canal Officer or the Canal Deputy Collector may, for reasons to be recorded in writing, withhold payment of any portion of the proportion of the remuneration due to the\nLambardar\nif he has not satisfactorily performed the duties, for which such proportion is deemed to be payable under this Rule.\nVillage-Channels\n15.\nThe Divisional Canal Officer shall maintain register of all village-channels as required by Section 47. A newly-constructed private channel shall be registered on the written request of the owner.\n16.\nThe sum fixed as rent under Section 68 to be payable by persons using the village-channels shall be not less than 8 annas per acre on the land of each such person assessed with water-rate.\nAny expenditure specially incurred by Canal Officer in collecting village-channel rent on behalf of the owner of the village-channel under Section 70 shall be met by the owner.\nSupply of Water\n17.\nThe Superintending Canal Officer or in the case of an Independent Division, the Chief Engineer, shall, not later than the 15th October in any year, cause to be posted in each Sectional and Sub-divisional Office notice regarding the following matters :-\n(a) The limits within which water will be available during the next\nKharif\nseason for season leases.\n(b) The distributaries and\nAhars\nfrom which water with be supplied only during the\nRabi\nseason.\n(c) The localities in which he has prohibited the issue of permits entirely or during the\nKharif\nseason only.\n18.\nNo person shall be entitled to the supply of water and water shall not be supplied until -\n(a) a permit has been granted by the authorised Canal Officer to such person and issued to the\nLambardar\nconcerned:\nProvided that in special cases of exceptional emergency the Sub-divisional Canal Officer may by an order in writing authorise the supply of water to any person before a permit is issued to such person;\n(b) until the village-channel through which water will be supplied to such person has been put in a proper state of repair in accordance with the directions given by the Sub-divisional Canal Officer after he has himself inspected the channel.\n19.\n(1) If after the supply of water has commenced, the Sub-divisional Canal Officer after personal inspection of a village-channel is satisfied that it is not in a proper state of repair and that in consequence a wastage of water is occurring, he may close the outlet and stop the supply of water for a period not exceeding seven days and shall inform the\nLambardar\nand the Divisional Canal Officer immediately.\n(2) If the repairs required to the village-channel are not carried out within seven days, the Sub-divisional Canal Officer may, with the previous sanction of the Divisional Canal Officer, stop the supply of water for further period until the repairs are effected. Notice of the stoppage of the supply of water under this clause shall be sent immediately by the Divisional Canal Officer to the Collector of the district.\n20.\nIn the case of any pressing emergency any Canal Officer may stop the supply of water to any canal or distributary. If any Canal Officer below the rank of Divisional Canal Officer orders such stoppage, he shall forthwith report his action to the Divisional Canal Officer, and, if the stoppage exceeds five continuous days, to the Superintending Canal Officer or in the case of an Independent Division, to the Chief Engineer.\n21.\nThe Divisional Canal Officer, may after notice to the\nLambardars\nconcerned, by an order in writing direct that any outlet or group of outlets shall be closed in accordance with a programme of rotation.\n22.\n(1) In the\nKharif\nand\nRabi\nseasons the Irrigation Department shall be responsible for making available for supply through the outlet the irrigation requirements of the leased area at the rate of flow as estimated at the accepted \"duty\" for such area but shall not be responsible for any silt clearance of the village-channel needed in lengths outside Government land to induce such rate of flow through the outlet.\n(2) The\nLambardars\nshall inform the Sectional Canal Officer when the area under lease has been fully irrigated during each watering.\n23.\n(1) The Sub-divisional Canal Officer may supply water -\n(a) for manufacturing of bricks, at the rate of Rs. 50 per 1,00,000 bricks;\n(b) for constructing mud walls, at the rate of four annas per 100 c. ft.of walling.\n(2) If water is taken for any of the purposes specified in clauses (a) and (b) without the previous sanction of the Sub-divisional Canal Officer the person so taking water shall be liable to pay a charge of one rupee per thousand bricks or eight annas per 100 c. ft. of walling, as the case may be.\n[Water-Rates]\n24.\n(1) The following rates shall be payable for the supply of water for the purpose of flow irrigation.\n-\nClass of lease\nWater supplied\nRate per acre\nTo be paid on or before\nFrom\nTo\nKharif\nseason\nRabi\nseason\n25th June\n25th October\n25th October\n26th March\nRs.\n10\n5\n31st January\n31st May\n(2) Water-rates for lands requiring lift irrigation, if included in a season lease, shall be the same as laid in sub-rule (1).\n(3) For the purposes of calculating the rates mentioned in this Rule any area less than 1/16th acre shall be charged as 1/16th acre and fraction of an anna shall be\nomitted\nfrom all calculations.\n25.\nIf only a portion of a field is irrigated, the water-rates shall be chargeable on the whole field unless such portion shall have been clearly demarcated previous to the admission of water by a ridge not less than six inches high, and if a portion of a field has been irrigated by a canal water and the rest or other portion by other means, the whole field shall be assessed to water-rates unless clearly distinguishable boundary exists between the two portions.\n26.\nIn the case of\nKharif\nseason leases water-rates will be charged on the areas in the lease block as found by actual measurement whether water is taken or not.\n27.\nIn areas covered by a\nKharif\nseason lease, a special water-rate of eight annas per acre on areas left fallow or in which the crop is a complete failure may be sanctioned by the Division Canal Officer:\nProvided that an application for payment of water-rate at this special rate is presented to the Sub-divisional Canal Officer, during the currency of the lease and at least 20 days before the crop is cut.\n28.\nIn areas covered by a season lease water if available will be supplied for rice seedings on application at single watering rates which may subsequently be remitted at the discretion of the Divisional Canal Officer if the area concerned is subsequently included in a\nKharif\nseason lease.\n29.\nIn the case of\nKharif\nseason leases water if available may be supplied free of charges until 15th November if required by the lessee for\n\"paira\"\ncrop only.\n30.\nIrrigation from escape channels or from drainage channels receiving canal water, if effected with the permission of the Sub-divisional Canal Officer shall be liable to assessment at half the\nKharif\nseason lease rate.\n31.\n(1) If canal water is used in an unauthorised manner, the persons chargeable under Section 79 may be assessed by the Divisional Canal Officer at the following special penal rates per acre\n-\nFirst watering at Rs. 7-8-0 per acre.\nSecond and subsequent watering at Rs. 10 per acre:\nProvided that during the\nKharif\nseason such a rate shall be assessed only if water so used has been taken directly from a channel,\nAhar\n, or a leased block receiving canal water.\n(2) If any tank or\nAhar\nhas been supplied with water obtained in an unauthorised manner, a rate of rupees\nfive per\nhundred cubic yards shall be payable for such water.\n(3) Charges for waste of water referred to in Section 80 shall be at the same rate as laid down in sub-rule (1).\n32.\n(1) If the Sub-divisional Canal Officer is satisfied that canal water has been used in an unauthorised manner or wasted so as in either case to become liable to be charged for at the penal rates specified in Rule 31, he shall as soon as possible hold or cause to be held a local investigation and shall obtain and record the evidences of the\nLambardar\nand the villagers and other persons concerned, he shall, if possible, give previous notice in writing to the persons affected by the enquiry of the date on which the enquiry is likely to be held.\n(2) If after such enquiry the Sub-divisional Canal Officer considers that a penal rate should be assessed in accordance with Rule 31, he shall forward the whole record of the enquiry with his opinion thereon to the Divisional Canal Officer for orders.\n(3) The Divisional Canal Officer may, after recording in writing his reasons for so doing, order that the rate shall be assessed in accordance with Rule 31 and shall determine the actual rates to be charged and shall return the record to the Subdivisional Canal Officer for compilation of the assessment with the assistance of the Assessment\nZiladar\n.\n(4) Each person assessed shall then be served personally or by registered post with a demand statement showing the amount charged against him.\n(5) Any person so assessed may, within\nthirty\ndays of the date on which he received the demand statement or within such further period as he may be allowed by the Divisional Canal Officer, file an objection to the assessment.\n(6) The Canal Deputy Collector shall after the expiry of the period for filing objections and after decision has been given on any such objection proceed to recover the sums assessed the payment of which shall then be immediately due.\n33.\nPenal rates under Rule 31 shall not be assessed if the unauthorised use of, waste of water has occurred through the act or neglect of a Canal Officer or any person employed on a canal.\n34.\nThe occupier of any land which has been irrigated with water obtained in an unauthorised manner may apply for a lease in respect of such land and a lease may be granted for which the water-rate shall be payable in addition to the penal rate assessed under Rule 31.\nDemands And Collections\n35.\nThe statements of the amounts chargeable for water-rates shall be prepared under the supervision of, and shall be signed by, the Divisional Canal Officer, and shall be in such form as the State Government may direct.\n36.\n(1) The demand statement for water-rates due under a\nKharif\nseason lease shall be prepared as soon as possible after the permit is issued, and shall show the water-rates due by each person whose land is included in the lease document whether such land has been actually irrigated up to that time or not. Demand statements\n(Parchas)\n, showing the amount due from each lessee shall be sent to the\nLambardar\ntor distribution to such lessee, and shall be deemed to be a notice of a demand of the amount due from such lessee.\n(2) No notice of demand other than the\nParchas\nreferred to in clause (1) shall be issued during the currency of the lease.\n37.\nThe\nLambardar\nshall return to the Canal\nZiladar\nall\nParchas\nwhich he has not distributed within\nfourteen\ndays after he receives them, and the Canal\nZiladar\nshall publish at his office a list of such Parchas with a notice that any rate-payer may there receive his\nParchas\n.\n38.\nWhere water is supplied during the\nRabi\nseason -\n(1) The area irrigated in any village shall be measured in the presence of the\nLambardar\nby an Amin, appointed for the purpose. The field book (khasra) shall be signed by the Amin and by the\nLambardar\nand also by at least two respectable cultivators who may be present at the measurement;\n(2) when the measurement is completed, the\nkhasra\nshall be forwarded to the Sub-divisional Canal Officer for check. The abstract demand statement\n(khatiani)\nshall be prepared by the Sub-divisional Canal Officer;\n(3) copies of abstracts of the demand statement\n(Parchas)\naffecting each occupier, signed and sealed by the Canal\nZiladar\nshall as soon as they are prepared be forward by name to the\nLambardar\ntor distribution to the persons charged, and the\nLambardar\nshall grant a receipt for the Parchas handed to him in such form as the Divisional Canal Officer may direct;\n(4) if the\nLambardar\nis absent or declines to grant a receipt for the\nParchas\n, the Sub-divisional Canal Officer shall cause to be served by registered post or otherwise on each person a\nParcha\nshowing the amount due from him.\n39.\nThe Divisional Canal Officer shall forward the demand statements\n(Khatiani)\nto the Canal Deputy Collector as soon as they are all prepared and in any case not later than\nfifteen\ndays before the latest day fixed for the payment of the water-rates.\n40.\n(1) if any land held on the\nBhaoli\ntenure is supplied with water, the entire water-rates assessed under Section 78 shall be payable by the occupiers of such land, and the demand statement shall be made out by the Divisional Canal Officer or the Canal Deputy Collector in the name of occupiers:\nProvided that on receipt of an application in\nForm No. XIII\nfrom the owner of such lands, the Divisional Canal Officer or the Canal Deputy Collector may direct that the water-rates shall be recovered from the occupiers and from the owner, of such land in the same proportion as the produce is divisible among them, and the Divisional Canal Officer or the Canal Deputy Collector shall on receipt of such application alter the demand statement prepared under this clause accordingly.\n(2) On lands under Government management or under the Court of Wards half the water-rates shall be paid by the landlords.\n41.\nIf any land held on\nBhaoli\ntenure is liable to assessment under Section 79, the owners and cultivators of such land shall be assessed in the proportion in which the produce is divisible among them.\n42.\n(1) Any person may present an objection to any demand for water-rates made on him.\n(2) Every such objection shall -\n(a) be delivered personally or through the\nLambardar\nor sent by registered post to the Sub-divisional Canal Officer, or to the Divisional Canal Officer;\n(b) be accompanied by a payment of\nfour annas\n;\n(c) be presented or sent by post so as to reach the officer specified in clause (a) within\nthirty\ndays of the date on which the\nParcha\nwas received by the\nLambardar\n:\nProvided that the Divisional Canal Officer may extend this period if he is satisfied that there are reasonable grounds for doing so;\n(d) be in the Form prescribed by the State Government which shall be supplied free at all canal offices, and shall state clearly the name or the names of the persons objecting, the village and canal on which the fields are situated, the crop and the year for which the charge is made and the demand from each occupier to which objection is taken.\n(3) Objections addressed to the Collector of the district shall be forwarded by him to the Divisional Officer.\n43.\nOn receipt of an objection the authorised Canal Officer shall, after such enquiries as he thinks fit, pass orders thereon and shall deliver or send by post a copy of such order to the person making the objection.\n44.\n(1) An appeal shall lie from any order passed by a Canal Officer under Rule 43 to the Collector of the district.\n(2) Every such appeal shall be accompanied by a copy of the order appealed against.\n(3) The Collector of the district shall, after such enquiries as he thinks fit, pass orders on such appeal and may, by an order in writing direct that the collection of the water-rates shall be suspended until such appeal is decided.\n45.\n(1) When an appeal has been filed against an order of the Sub-divisional Canal Officer, Canal Revenue Assistant or Canal\nZiladar\n, the proceedings shall be sent through the Divisional Canal Officer or Canal Deputy Collector, who shall forward them to the Collector with his opinion without delaying it for the purpose of making further enquiries.\n(2) The Collector may on his own motion or on the suggestion of the Divisional Canal Officer or Canal Deputy Collector make such further enquiries as he thinks fit.\n46.\nCollection of all water-rates shall be made by the Canal Deputy Collector in accordance with the statements of demands furnished to him by the Divisional Canal Officer except in the case of lands held on the\nBhaoli\ntenure regarding which the provisions contained in Rule 40 shall apply.\nRemissions and Alterations of Demand\n47.\n(1) Claims for remission of water-rates under Section 76(b) shall be presented to the Sub-divisional Canal Officer in the form prescribed in Rule 42 (2) (d) either personally or through the\nLambardar\nor by registered post at least\ntwenty\ndays before the crop is cut and no such claim shall be admitted unless it is supported by proof of loss caused by failure of supply of water from the Government channel.\n(2) If such a loss is proved,the Divisional Canal Officer shall if he is satisfied that the loss in any area -\n(a) exceeds two-thirds of the value of the normal irrigated crop, remit the whole of the water-rate on such area;\n(b) exceeds one-third and is less than two-thirds of such value, remit one-half of the water-rate.\n(3) Save as provided in clause (2) no remission of water-rates under Section 76 (b) shall be granted.\n48.\n(1) For the purpose of the discharge, calculations made in order to verify claims for remission of water-rate on account of failure of supply of water, the record of water gaugings on distributaries or on other Government channels shall be deemed to be conclusive.\n(2) As far as possible such gaugings shall be made at all control points in Government channels and\nAhars\n.\n49.\nThe Divisional Canal Officer may, if he thinks fit, grant remission up to 10 per cent of the water-rate assessed on any area covered by a\nKharif\nseason lease, if he is satisfied that the crop has failed and is not more than one quarter of the average yield, notwithstanding that such failure is due to causes other than a deficiency in the supply of water from the Government channels and\nAhars\n.\n50.\nA remission statement signed by the Superintending Canal Officer, Divisional Canal Officer or Canal Deputy Collector shall be sufficient authority for a refund by the Canal Deputy Collector.\n51.\nThe Canal Deputy Collector may make any alteration in a demand statement received from the Divisional Officer:\nProvided that the total sum shown to be due is not altered or that such alteration is necessary to correct only a clerical or arithmetical error.\n52.\nIf any sum due on account of water-rates cannot be collected owing to the debt, bankruptcy, or absconding of the defaulter, the amount due may be written off as irrecoverable by the Canal Deputy Collector with the previous sanction of the Superintending Canal Officer. A detailed list of all sums so written off shall be sent to the State Government.\n53.\nRemission of water-rates on account of widespread injury to crops caused by inundation, blight, storms or any such extraordinary cause shall be granted only under the special orders of the State Government.\n54.\nAll application for compensation under Section 76(c) shall be made not less than twenty days before the crop is cut.\nMiscellaneous\n55.\n(1) No person shall after he has been required to desist therefrom pass or cause any animal or vehicle to pass on or across any of the works, banks or channel of a canal or\nAhar\ndrainage work except over such bridges, fords and ferries and their approaches as are provided for the purpose, unless he has been granted a written permit in this behalf by the Sub-divisional Canal Officer.\n(2) No person shall take or drive any vehicle or animal on any service road alongside or on the banks of any canal or\nAhar\n:\nProvided that only during the hours of day light private motor cars, cycles, light pony traps and ponies may be taken on such road from the 1st of November to the 15th of June in any year.\n56.\nNo official or member of any such ministerial or menial establishment employed on any canal shall, unless specially exempted by the State Government from this Rule, have any interest in the distribution of water from any of the channels of the canal or purchase or bid for any Government property sold thereon either in his own name or in the name of another person or jointly or in shares with other person nor shall any such official or member of any such ministerial or menial establishment buy or take on lease any land within any area supplied or which can be supplied with water from the canal except with the previous sanction in writing of the Superintending Canal Officer or of the Chief Engineer in the case of an Independent Division.\n57.\nExcept as provided in these Rules and in the Bengal Irrigation Act, 1876, no appeal shall lie from any order passed by a Canal Officer:\nProvided that the Sub-divisional Canal Officer shall modify any order passed by him in accordance with a subsequent order of the Divisional Canal Officer or Superintending Canal Officer, and the Divisional Canal Officer or Canal Deputy Collector shall modify any orders passed by him in accordance with a subsequent order of the Superintending Canal Officer.\n58.\nAny order passed by the Canal Deputy Collector or the Canal Revenue Assistant for which no appeal is provided by the Act or otherwise by these Rules shall be appealable to the Collector if a petition of appeal is preferred against such order within\nthirty\ndays of the passing of such order.\n59.\nThe Collector of the district may, by special order passed in each case refer applications made to him under Rule 44 to any Deputy Collector for disposal, and in such a case an appeal against an order passed by the Deputy Collector may be preferred to the Collector of the district either by the applicant, the Divisional Canal Officer or the Canal Deputy Collector.\n60.\nThe Chief Engineer shall exercise a general control over the proceedings of all officers in charge of Irrigation and Revenue works of the Sakri Canals.\nThe Appendix\nForm II\n[See Rule 3 (2)]\nApplication for a Kharif season lease\nMauza\n..............., Parganas .................., Distributary ................. (\nAhar\nNo. ........)\n1. We, whose names are attached, apply under Section 74 of Act III (B. C.) of 1876 and the Rules under it by which we agree to be bound for water to be supplied from the abovementioned canal/distributary/\nAhar\nfrom the 10th June to 31st October for the irrigation of the\nKharif\ncops in the block formed by our holding as specified below.\n2. The approximate area to be irrigated by each applicant is stated in the schedule following and each of us agrees to pay the whole of the water-rates on the area in his or her occupation as found by actual measurement at the rate of Rs. 5 per acre on or before the 31st January.\nThis sum will be payable independently of our requiring water or not.\n3. We agree as far as possible to prevent water supplied being wasted or used in an unauthorised manner.\nThe following are the boundaries of the block :-\nNorth\nSouth\nEast\nWest\nSchedule\nName of cultivator\nArea to be irrigated\nSignature of cultivator\nSignature of witness to cultivator's signature\nRemarks\nN.B.\n- Any smaller area than 1/16th acre will be charge as 1/16th acre. In calculating the assessment fractions of an anna will be\nomitted\n.\nI hereby certify that the signatures above are genuine, that with the exception noted in the above schedule, they comprise the whole of the occupiers of the land included in the block, the boundaries of which are mentioned above, and that areas given are approximately correct.\n..........................................\nSignature of Lambardar\nForm III\n[See Rule 3 (2)]\nApplication for single watering in Rabi season\nMauza\n....................., Parganas ......................, Distributary ..................,(\nAhar\nNo. .....................)\n1. We, whose names are attached, apply under Section 74 of Act III (B.C.) of 1876 and the Rules issued under it by which we agree to be bound for water to be supplied from the abovenamed canal/distributary/\nAhar\nfrom the 1st November to end of 31st January for the irrigation of the area mentioned below.\n2. The approximate area to be irrigated by each applicant is stated in the schedule following but each of us agrees to pay on or before the 31st March water-rates at Rs. 1.8.0 per acre, on the actual area in our occupation as found by measurement, with the proviso that only the area actually irrigated will be assessed.\n3. We agree, as far as possible, to prevent water supplied being wasted or used in an unauthorised manner.\nSchedule\nName of cultivator\nDescription of crops\nApproximate area to be irrigated\nSignature of cultivator\nRemarks\nN.B.\n- Any smaller area than 1/16th acre will be charged as 1/16th acre. In calculating the assessment fractions of an anna will be\nomitted\n.\nI hereby certify that the signatures above are genuine, and that the areas mentioned are approximately correct.\n..........................................\nSignature of Lambardar\nForm IX\n[See Rule (5)]\nPermit fora Kharif season lease\nPermit number\n...\n...\nNumber of application and date\n...\n...\nName of village\n...\n...\nName of pargana\n...\n...\nArea to be irrigated\n...\n...\nName of distributary or canal\n...\n...\nMile ......, Chains... ...\nName or number of Ahar\n...\n...\nBank\n...\n...\nPosition of outlet\n...\n...\nPeriod for irrigating\n...\n...\n10th June to 31st October\nRs. a. p.\nWater-rates due\n...\n...\nDate of payment\n...\n...\n31st January.\nName of Lambardar\n...\n...\nNumber of village-channel in Register\nThis permit is issued under Section 75 of Act III (B. C) of 1876 for the irrigation of the area mentioned above. It is subject to the provisions of all Rules passed under the Act. It is expressly agreed that water is supplied for the sole purpose of irrigating the land mentioned in the application. Water-rates will be charged on the areas in the occupation of each applicant within the block as ascertained by actual measurement, and will be charged whether water is or is not required.\n..................................................\nSub-divisional Canal Officer\n.\nForm X\n[See Rule (5)]\nPermit for single watering in Rabi season\nNumber of application and date\n...\n...\nName of village\n...\n...\nName of pargana\n...\n...\nArea to be irrigated more or less\n...\n...\nName of distributary or canal\n...\n...\nName or number of\nAhar\n...\n...\nPosition of outlet\n...\n...\nPeriod of irrigating\n...\n...\nWater-rates due\n...\n...\nDate of payment\n...\n...\n31st March.\nName of\nLambardar\n...\n...\nThe permit is issued under Section 75 of Act III (B. C.) of 1876 for the irrigation of the area mentioned above. It is subject to the provisions of all Rules passed under the act. It is expressly agreed that water is supplied for the sole purpose of irrigating the land mentioned in the application.The area actually irrigated will be measured and charged, and applicants undertake, as far as is in their power, to prevent water being wasted or applied to the irrigation of land not included in the application.\n..................................................\nSub-divisional Canal Officer.\nForm XIII\n[See Rule 40]\nApplication from a \"bhaoli\" landowner\nTo,\nThe\nWhereas certain cultivators of mauza .............................., pargana ................... of which I am proprietor, have, under Section 74 of Act III (B. C.) of 1876, applied to be supplied with water for the irrigation of lands in the above village of an area of .................... acres more or less, the water-rates on which will amount to Rs. ....................., approximately, and whereas the above lands are held on a Bhaoli tenutre, and I desire to pay a portion of the water-rates, I, therefore, under Section 74 of Act III (B. C.) of 1876 join in the application for water, and authorised you to collect from me* of the water-rate assessed.\nSignature .........................................\nResidence ......................................\nWitness ..........................................\n* Proportion payable to be entered here.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        }
    ],
    "metadata": {
        "Act ID": "bh377",
        "Act Number": "Published vide Bihar Gazette, Extraordinary dated April 23, 1952, Notification No. B/A6-1012/51-1-5777, dated 18th April, 1952",
        "Enactment Date": "",
        "Act Year": "1952",
        "Short Title": "The Sakri Canals Irrigation Rules, 1952",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}