The BIHAR IRRIGATION ACT,1997
bihar · 1998
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Short title, extent and Commencement:- (1) This Act may be called the Bihar Irrigation Act 1997
- S. 2Section 2 defines key terms used throughout the Bihar Irrigation Act, 1997, including "assured irrigable command," "beneficiary," and "canal revenue."
- S. 3Section 3 vests water rights in the State Government and prohibits acquiring water rights under the Indian Easements Act for rivers supplying existing or future canals.
- S. 4Section 4 vests all irrigation works and related structures in the State Government.
- S. 5Section 5 allows the State Government to use lands for obtaining materials for repairs without compensation and mandates surveys of such lands.
- S. 6Section 6 authorizes Canal Officers to enter, survey, and investigate irrigation works and related land for necessary inquiries.
- S. 7Section 7 grants Canal Officers authority to inspect, regulate water supply, and manage irrigation works.
- S. 8Section 8 requires Canal Officers to give notice to building occupiers before entering non-adjacent, non-flood embankment buildings not supplied with canal water.
- S. 9Section 9 authorizes the Engineer to make necessary repairs and maintenance for irrigation works under the Bihar Irrigation Act, 1997.
- S. 10Section 10 allows temporary constructions over irrigation works with government approval and sets deposit and reimbursement rules.
- S. 11Section 11 authorizes the Executive Engineer to enter private lands to extract materials for repairing irrigation infrastructure.
- S. 12Section 12 allows the State Government to notify water supply for irrigation purposes and regulate its use.
- S. 13Section 13 prohibits river encroachments that harm public health or irrigation works, allowing the government to order their removal.
- S. 14Section 14 allows canal officers to order removal or modification of obstructions in canals.
- S. 15Section 15 mandates canal officers to remove or modify encroachments on irrigation canals if not complied with, with costs recoverable from the offender.
- S. 16Section 16 allows the State Government to notify the construction of drainage works for public health and land improvement.
- S. 17Section 17 authorizes the State Government to execute drainage schemes after a specified day, assigning canal officers to manage and enforce related duties.
- S. 18Execution of Embankment Work (1) Whenever it appears to the concerned Divisional Officer (E
- S. 19Section 19 mandates the issuance of a prescribed notice with a list of potentially affected villages for proposed irrigation work.
- S. 20Section 20 allows individuals to apply to the Executive Engineer for new sluices, embankments, or drainage modifications.
- S. 21Section 21 regulates the operation of sluices on public embankments, requiring permission from the Executive Engineer.
- S. 22Section 22 empowers the Collector to issue notices for repairing or constructing irrigation works if they are necessary for public benefit.
- S. 23Section 23 mandates the Collector to conduct an inquiry to assess the necessity, nature, and cost of repairing or altering irrigation works.
- S. 24Section 24 empowers the Collector to mandate repair or construction of irrigation works if they are in disrepair or need alteration.
- S. 25Section 25 allows the Collector to immediately repair irrigation works in emergencies to prevent water supply damage.
- S. 26Section 26 allows the Collector to delegate authority to an agency to repair or construct irrigation works if the responsible person fails to do so.
- S. 27The section allows the State Government to declare certain navigable channels under the act's provisions by official notification.
- S. 28Section 28 authorizes the state government to permit officers to create, improve, or stop navigable canals.
- S. 29The section allows the state government to appoint a supervisor to clear obstructions from irrigation lines.
- S. 30Section 30 allows irrigation supervisors to remove obstructions in emergencies and serve notices for non-urgent removals, with owner liability for removal costs.
- S. 31The Canal Officer must maintain a register of all village channels, noting their type and ownership.
- S. 32Section 32 allows acquisition of village channels by agreement with Canal Officer's consent for maintenance or improvement.
- S. 33Section 33 allows anyone to build a new village channel with canal officer's permission and landowners' consent.
- S. 34Application for construction of new village channel
- S. 35Section 35 outlines the procedure for constructing village channels, requiring initial deposits, land marking, and notifications for joint ownership.
- S. 36Section 36 authorizes land acquisition for irrigation projects and prohibits its use for other purposes without permission.
- S. 37Section details the procedure for constructing and transferring village channels after land acquisition by the Canal Officer.
- S. 38Section 38 allows a Canal Officer to transfer village channels for better irrigation management after owner objections.
- S. 39Section 39 allows individuals to petition to become joint owners of a village channel and outlines the process for admission.
- S. 40Section 40 determines compensation for joint ownership transfers in village channels under the Bihar Irrigation Act, 1997.
- S. 41Section 41 allows the Canal Officer to set annual rent instead of compensation for a transferred village channel.
- S. 42Section 42 outlines the responsibilities and rights of village channel owners in Bihar, including maintenance, equitable use, and disuse termination.
- S. 43Section 43 allows the Canal Officer to compel or execute repairs on village channels if the owner fails, with costs due to the government.
- S. 44Section 44 outlines the procedure for addressing neglect or refusal by joint owners to maintain village channels.
- S. 45Section 45 authorizes the Divisional Canal Officer to authorize water supply through village channels and outlines appeal and maintenance cost procedures.
- S. 46Section 46 allows the government to transfer irrigation channels to Water User Associations for maintenance and operation.
- S. 47Section 47 outlines the process for preparing and approving draft schemes for on-farm development in Bihar.
- S. 48Section 48 allows the Divisional Canal Officer to construct field drains and recover costs from owners or occupiers.
- S. 49Section 49 empowers Divisional Canal Officers to regulate water supply timing, duration, quantity, and areas for irrigation.
- S. 50Section 50 declares irrigable command areas for canals and mandates public notices for rent recovery.
- S. 51Section 51 allows land occupiers to apply for inclusion or exclusion of land in irrigation command areas, with final appeal to the Divisional Canal Officer.
- S. 52Section 52 mandates the Canal Officer to document orders regarding land inclusion or exclusion from irrigation areas in prescribed forms.
- S. 53Section 53 grants irrigation water supply rights to occupiers within and beyond specified canal areas, with associated water charges.
- S. 54Section 54 allows the Canal Officer to stop water supply for maintenance, repairs, rotation, misuse prevention, or natural causes, with no compensation but possible charge remission.
- S. 55Section 55 prohibits unauthorized sale or sub-letting of canal water rights without Superintending Engineer's permission.
- S. 56Section 56 specifies that water supply for irrigation lasts only until crops mature.
- S. 57The Canal Officer can grant permission for water use for non-irrigation purposes under specific conditions.
- S. 58Section 58 allows the State Government to declare and regulate cropping patterns for irrigable lands to optimize cultivation and water use.
- S. 59Section 59 of the Bihar Irrigation Act, 1997 allows the State Government to transfer irrigation work management to a Water Committee for lands up to 200 hectares.
- S. 60Section 60 allows the State Government to enforce, alter, or cancel the irrigation scheme by notification.
- S. 61Section 61 of the Bihar Irrigation Act, 1997, mandates the State Government to appoint a Water Committee to manage irrigation and oversee water distribution.
- S. 62Section 62 allows the government to levy different water rates based on supply purpose, crop type, and water quantity.
- S. 63Section 63 mandates the Canal Officer to assess and notify water charges for irrigation water usage.
- S. 64Section 64 allows an appeal against a Canal Officer's assessment to the Divisional Canal Officer within 21 days.
- S. 65Section 65 mandates the Canal Officer to issue a demand notice for water charges after assessment or appeal resolution.
- S. 66Section 66 mandates that a person served with a demand notice must pay within a period set by the State Government.
- S. 67Occupiers benefiting from unauthorized canal water use are liable for charges determined by the State Government.
- S. 68Section 68 holds all users jointly liable for irrigation water wasted through neglect, with decisions by the Canal Officer.
- S. 69Section 69 allows recovery of water rates as additional charges for unauthorized water use or waste, beyond penalties.
- S. 70Section 70 allows the Canal Officer to contract with individuals for collecting and remitting dues owed under the Bihar Irrigation Act.
- S. 71Section 71 mandates tolls at fixed rates for vessels using irrigation navigation lines, payable only while the lines remain open.
- S. 72The section allows the State Government to set and modify toll rates for irrigation works.
- S. 73Section 73 mandates public display of toll rates and collection locations in Hindi at toll houses.
- S. 74The section allows the State Government to appoint and authorize a collector for tolls, who can farm or delegate toll collection.
- S. 75Section 75 of the Bihar Irrigation Act, 1997 allows seizure and sale of vessels and their furniture for unpaid tolls.
- S. 76Section 76 mandates a betterment contribution tax from beneficiaries of state-funded irrigation work improvements.
- S. 77Section 77 of the Bihar Irrigation Act, 1997 outlines the assessment and conditions for betterment contributions for lands benefiting from irrigation projects.
- S. 78Section 78 mandates the Betterment Levy Officer to issue a demand notice for contributions after a final order, except if five years or more have passed since work completion.
- S. 79Section 79 deems betterment contributions under the Bihar Irrigation Act as revenue demands on the land.
- S. 80Section allows any interested party in land to pay owner's irrigation contribution and receive rebate if paid within two years.
- S. 81Section 81 of the Bihar Irrigation Act, 1997, exempts the State Government from liability for compensation due to temporary water stoppages in irrigation works.
- S. 82Section 82 of the Bihar Irrigation Act, 1997, penalizes unauthorized interference with irrigation works and water supply.
- S. 83Section 83 penalizes damaging flood embankments, obstructing sluices, or creating river obstructions without Canal Officer's authority.
- S. 84Section 84 mandates removal or repair of obstructions by offenders, with costs recovered if they refuse.
- S. 85Section 85 allows canal employees to detain offenders without a warrant for canal damage or water interference.
- S. 86Section allows courts to use fines from violations to compensate victims or informants.
- S. 87Section allows prosecution under other laws for offenses also punishable under the Bihar Irrigation Act.
- S. 88Section 88 makes all offenses under the Bihar Irrigation Act cognisable and bailable.
- S. 89Section 89 of the Bihar Irrigation Act, 1997 holds both the company and responsible individuals liable for offenses, with exceptions for due diligence.
- S. 90Section 90 allows Canal Officers to accept up to ₹2,000 as compensation for potential irrigation offenses before prosecution.
- S. 91Section 91 empowers the Divisional Canal Officer to requisition local labor for urgent irrigation repairs to prevent damage or disruption.
- S. 92Section 92 mandates the Division Canal Officer to create and update a list of qualified laborers for irrigation duties.
- S. 93Section 93 allows Canal Officers to seize necessary materials from nearby properties for urgent irrigation repairs, with compensation for any damage.
- S. 94Section allows aggrieved laborers to appeal wage fixation decisions to the Superintending Engineer, whose decision is final.
- S. 95Section 95 prohibits unauthorized interference or construction near irrigation works without Canal Officer's permission.
- S. 96Section 96 mandates owners of upper water bodies to maintain them safely, with Canal Officer oversight and repair authority if needed.
- S. 97Section prohibits mining or quarrying with explosives near irrigation works without Canal Officer's permission.
- S. 98Section prohibits excavation of domestic wells near irrigation works without government sanction.
- S. 99Section 99 prohibits fishing in government-controlled water bodies without written permission from the State Government.
- S. 100Section 100 restricts water release from canals to authorized Canal Officers or empowered officials.
- S. 101Section 101 regulates water pumping from irrigation works, requiring permission and authorizing removal of unauthorized pumps.
- S. 102Section 102 prohibits depositing mine or earth produce near irrigation channels to protect water flow.
- S. 103Section 103 prohibits polluting irrigation water and applies the Water Prevention and Control of Pollution Act, 1974 for enforcement.
- S. 104Section 104 resolves disputes over mutual rights and liabilities concerning village channel use, construction, and maintenance.
- S. 105Section resolves disputes among joint owners of a village channel regarding expense shares and contributions through inquiry by Canal or Divisional Canal Officer.
- S. 106Section 106 allows the Superintending Engineer to revise canal orders within 30 days on motion or application by an aggrieved person.
- S. 107Section 107 exempts the State Government from liability for losses due to irrigation work failures or overflows.
- S. 108Section 108 mandates that all losses from actions under the Bihar Irrigation Act must be claimed for compensation, or they cannot be later claimed.
- S. 109Section 109 adds the Act's powers to existing state government powers without reducing them.
- S. 110Section 110 details the method for publishing proclamations and notices under the Bihar Irrigation Act, 1997.
- S. 111Section 111 outlines methods for serving notices and orders under the Bihar Irrigation Act, 1997.
- S. 112Section 112 of the Bihar Irrigation Act, 1997, outlines the process for returning or selling lands no longer needed for irrigation projects.
- S. 113Section 113 mandates the government to construct and maintain crossing points on irrigation canals to prevent drainage obstruction.
- S. 114Section 114 allows the State Government to recover dues for irrigation under the Bihar Irrigation Act, 1997.
- S. 115The section authorizes the State Government to create rules for implementing the Bihar Irrigation Act, after a draft is published for a month.
- S. 116Section 116 repeals several irrigation and drainage acts in Bihar, preserving existing rights and proceedings.