Bare ActsThe Goa, Daman and Diu Irrigation Act, 1973 and Rules, 1975

Section 12

Application by whom to be made and conditions for sanctions

Amendment status not verified — confirm the current text below against the official source.

Application by whom to be made and conditions for sanctions.— (1) An application for a supply of water for the irrigation of land for any period may be sanctioned in favour of— (a) the occupant or joint occupants of the lands; or (b) the superior holder or joint superior holders of alienated land; or (c) any other person or persons having a right to cultivate the land under irrigation for the period for which supply of water is to be given; or (d) any other person duly authorised by any of the persons mentioned in clauses (a), (b) and (c) to receive such supply: (2) An application made by a person having neither such interest in the land as is mentioned in clauses (a), (b) and (c) of sub-rule (1) nor such authority as is mentioned in clause (d) of the said sub-rule may be summarily rejected by the Canal-Officer. (3) An applicantion made by a person other than the occupant or superior holder shall not be sanctioned unless such applicant furnishes suitable security for the payment of water rates or other charges which may become payable in respect of any obligation arising out of the sanction of such application, by the execution either of a bond in Forin 6 with two sureties to be approved by the Officer sanctioning the application or of a mortgage bond in Form 7. (4) When an application is made by the occupant or superior holder the Canal-Officer may, if he considers that security is necessary, by an order in writing require such applicant to furnish similar security as is described in sub-rule (3). (5) When an application is made by a person other than the occupant or superior holder, the Canal-Officer may refuse to sanction such application unless the consent of the occupant or superior holder has been obtained by the applicant. If the consent of any other person having an interest in the land as mortgagee or otherwise, appears to the Canal-Officer to be necessary to ensure that all obligations arising out of the sanction of such application will be carried out, he may require such consent also to be obtained by the applicant.

Section 12 – The Goa, Daman and Diu Irrigation Act, 1973 and Rules, 1975 | DailyLaw.ai