The Gujarat Irrigation and Drainage Act, 2013
gujarat · 2013
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1The Gujarat Irrigation and Drainage Act, 2013 establishes the legal framework for irrigation and drainage in Gujarat.
- S. 2Section 2 defines key terms used in the Gujarat Irrigation and Drainage Act, 2013, including "canal," "Appellate Authority," and "Canal-officer."
- S. 3Section 3 authorizes the State Government to appoint canal-officers and empower water users' associations to manage canal systems.
- S. 4Section 4 allows the State Government to declare water use for irrigation projects via Gazette notification, effective three months later.
- S. 5Section 5 authorizes canal officers to enter land, remove obstructions, and employ personnel for irrigation purposes.
- S. 6Section 6 authorizes canal-officers to enter and use land for canal projects and maintenance, and to set up gauges.
- S. 7Section 7 allows canal officers to enter and inspect land for proper water supply regulation.
- S. 8In case of any accident being apprehended or happening to a canal, Power to enter any canal-
- S. 9Section 9 mandates canal-officers to give prior notice to non-adjacent occupiers of buildings before entering for irrigation purposes.
- S. 10Section 10 mandates the provision of canal crossings and utility line crossings, and approval for natural drain diversions by the Government.
- S. 11Section 11 allows the State Government to prohibit or order the removal of obstructions affecting public health, canals, or irrigation.
- S. 12Section 12 allows canal-officers to order removal or modification of obstructions in canals after a notification.
- S. 13Section 13 mandates canal-office removal or modification of obstructions at the non-compliant person's expense, recoverable as land-revenue.
- S. 14Section 14 allows the State Government to initiate drainage works for public health, land improvement, or flood protection.
- S. 15The Gujarat Irrigation and Drainage Act, 2013 allows the state government to build field channels where none exist, at public expense.
- S. 16(1) tvery pel
- S. 17Section 17 allows water supply stoppage for specific reasons like maintenance, rotation, and misuse prevention.
- S. 18Section 18 allows canal water supply for crop irrigation until the crop matures.
- S. 19Section 19 states that agreements for canal-water supply are presumed transferred with the property when it changes hands.
- S. 20Section 20 outlines conditions under which compensation is awarded for damages caused by the Act, excluding certain specified damages.
- S. 21Section 21 limits compensation claims to twelve months unless the Appellate Authority finds valid reasons for delay.
- S. 22—
- S. 23Section 23 allows landholders to appeal for compensation if water supply from a canal is interrupted improperly.
- S. 24Section 24 makes the decisions of the Appellate Authority on compensation or rules under section 47 final and binding.
- S. 25Section 25 mandates the Collector to publicly announce water use intentions and compensation claims after a related notification.
- S. 26Section 26 mandates that compensation claims under the Gujarat Irrigation and Drainage Act, except those specified in sections 22 and 23, must be filed with the Collector of the relevant district.
- S. 27Section 27 mandates the Collector to determine compensation for land claims and apply the Land Acquisition Act, 1894 for the inquiry and award process.
- S. 28Section 28 determines compensation for property loss by considering market value or annual net profit reduction.
- S. 29Section 29 of the Gujarat Irrigation and Drainage Act, 2013, determines rates for canal-water supply and liability for unauthorized water use.
- S. 33All charges for the unauthorised use or for waste of water may be ecove,rhie recovered,
- S. 34Section 34 allows canal-officers to charge water rates for land benefiting from canal leakage or percolation.
- S. 35Section 35 allows canal-officers to charge water rates for non-irrigation use of water from nearby streams or wells.
- S. 36Section 36 outlines the payment terms and interest for water rates, treating unpaid rates as land revenue arrear recoverable by specified methods.
- S. 37Section 37 prohibits various acts that damage or interfere with irrigation canals and prescribes penalties for such offenses.
- S. 38Section penalizes damaging, obstructing, or interfering with irrigation canals and sluices with up to six months' imprisonment or a fine.
- S. 39Section 39 mandates a magistrate to order obstruction removal or damage repair post conviction under sections 37 or 38, with costs levied as land revenue.
- S. 40Section 40 allows canal in-charges to arrest offenders damaging or obstructing canals without a warrant.
- S. 41Section 41 allows prosecution under other laws for acts punishable under this Act, and appeals against canal-officer orders must be filed within 30 days.
- S. 45Service of any notice under this Act shall be made by delivering or notice
- S. 46Section 46 protects state officials from legal action for actions taken in good faith under the Gujarat Irrigation and Drainage Act.
- S. 47Section 47 empowers the State Government to make rules for implementing the Gujarat Irrigation and Drainage Act, 2013.
- S. 48- 'Regulation of construction and maintenance of tube,veils, etc
- S. 50Section 50 regulates the construction of deep wells on agricultural land in Gujarat, requiring a license and compliance with specific conditions.
- S. 52Section 52 requires landowners with existing deep wells to report them to canal-officers, who may issue a certificate confirming their pre-existing status.
- S. 53Section 53 allows the canal-officer to cancel a licence if fraud, misrepresentation, or non-compliance is found.
- S. 54Section 54 allows appeals against certain canal officer orders to the Appellate Authority, which has final decision power.
- S. 58The State Government can issue orders to address difficulties in implementing the Act, but only within two years of its commencement.
- S. 59The State Government can issue directions to canal and other officers to implement the Act and related rules.
- S. 60Section 60 repeals the Gujarat Irrigation Act, 1879, while preserving existing rights, penalties, and legal proceedings under it.
- S. 2013commencement and application