The Bihar Irrigation Act
jharkhand · 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 defines key terms used in the Bihar Irrigation Act, including "assured irrigable command," "beneficiary," and "canal revenue."
- S. 3Section 3 vests water rights in the State Government and prohibits acquiring rights under the Indian Easements Act for water supplying existing or future canals.
- S. 4Section 4 vests all irrigation works and related structures in the State Government.
- S. 5The section allows the State Government to use certain lands for repairs without compensation and authorizes the collector to survey them.
- 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, and manage water supply and irrigation works.
- S. 8Section 8 requires Canal Officers to give reasonable notice to building occupiers before entering non-adjacent buildings not supplied with canal water.
- S. 9The section grants the Engineer authority to repair and maintain irrigation works under the Act.
- S. 10Section 10 allows temporary roadways and water channels over irrigation works with government approval and deposit of estimated costs.
- S. 11Section 11 authorizes the Executive Engineer to take earth from lands for repairing irrigation works.
- S. 12Section 12 allows the State Government to notify water supply for public purposes and regulate its use for irrigation.
- S. 13The section prohibits and regulates encroachments on rivers or streams to prevent harm to public health, irrigation works, or lands.
- S. 14Section 14 allows canal officers to order removal of obstructions in irrigation canals after notification.
- S. 15Section 15 authorizes canal officers to remove or modify encroachments on irrigation canals if not complied with, with costs recoverable from the person.
- S. 16Section 16 allows the State Government to notify construction of drainage works for public health or land improvement.
- S. 17Section 17 authorizes the State Government to execute drainage schemes after a specified day, delegating powers to canal officers.
- S. 18Execution of Embankment Work (1) Whenever it appears to the concerned Divisional Officer (E
- S. 19Section prescribes the form and content of notices to be issued for proposed irrigation works affecting villages.
- S. 20Section 20 allows individuals to apply to the Executive Engineer for 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 mandates the Collector to issue notices for repairing or constructing irrigation works to prevent water disputes and land injury.
- S. 23Section 23 mandates the Collector to conduct an inquiry to assess the necessity, nature, and cost of repairing or extending irrigation works.
- S. 24Section 24 empowers the Collector to mandate repair or construction of irrigation works if they are in disrepair or need extension.
- S. 25Section 25 allows the Collector to immediately repair irrigation works in emergencies to prevent adverse effects on dependent lands.
- S. 26Section 26 allows the Collector to delegate repair or construction work to an agency if the original person fails to complete it on time.
- S. 27The section allows the State Government to declare certain navigable channels under this act by official notification.
- S. 28Section 28 authorizes the state government to designate officers to manage and improve navigable canals.
- S. 29The section allows the state government to appoint a supervisor to clear obstructions from irrigation lines.
- S. 30Section 30 allows a supervisor to remove obstructions on private property for irrigation, with notice or direct action, and recover costs.
- S. 31The Canal Officer must maintain a register of village channels, noting their type and ownership.
- S. 32Section 32 allows individuals or groups to acquire village channels with Canal Officer's consent for improvement or maintenance.
- S. 33Section allows construction of new village channels with canal officer's and landowners' consent.
- S. 34Application for construction of new village channel
- S. 35Section outlines the procedure for constructing village channels, requiring initial deposits, land marking, and notifications for joint ownership applications.
- S. 36Section 36 authorizes land acquisition for village channel construction and prohibits its use for other purposes without approval.
- S. 37Section outlines procedure for constructing village channels and transferring ownership upon full payment of costs.
- S. 38Section 38 allows a Canal Officer to transfer village channels for proper irrigation management after owner objections.
- S. 39Section 39 allows individuals to petition to become joint owners of a village channel, with equal interest unless otherwise specified.
- S. 40Section 40 determines compensation for joint ownership transfers in village channels under the Bihar Irrigation Act.
- S. 41The section 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 regarding maintenance, use, and disuse conditions.
- S. 43The section allows the Canal Officer to compel or execute repairs on village channels if the owner fails to do so, with expenses charged to the owner.
- 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, with appeal and cost-sharing provisions.
- S. 46Section 46 allows the government to transfer irrigation channels to Water User Associations for maintenance and equitable water distribution.
- S. 47Section 47 outlines the process for preparing and approving draft schemes for on-farm development in the Bihar Irrigation Act.
- 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 irrigable command areas, with final appeal to the Divisional Canal Officer.
- S. 52Section 52 mandates that Canal Officer's orders on land inclusion/exclusion in irrigable areas must be recorded in writing as per prescribed rules.
- S. 53Section 53 ensures water supply for irrigation to occupiers within assured and probable command areas, with charges determined by the State Government.
- 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 engineer's permission, except for cultivating tenants.
- S. 56Section 56 specifies that water supply for irrigation continues only until crops mature.
- S. 57The Canal Officer can authorize 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 resource management.
- S. 59Section 59 of the Bihar Irrigation Act allows the State Government to transfer irrigation schemes to a Water Committee for management.
- S. 60Section 60 allows the State Government to enforce, alter, or cancel irrigation schemes by notification.
- S. 61Section 61 establishes a Water Committee to manage irrigation, distribute water, decide crops, and maintain irrigation works in Bihar.
- S. 62Section 62 allows the government to levy charges for water used for irrigation, municipal, industrial, or commercial purposes from state-owned irrigation works.
- S. 63Section 63 mandates the Canal Officer to assess and notify water charges for supplied irrigation water to the owner or occupier.
- 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 serve a notice for water charges after assessment or appeal resolution.
- S. 66The section mandates that a person served with a demand notice must pay within a period set by the State Government.
- S. 67Section 67 imposes liability on land occupiers benefiting from unauthorized canal water use to pay charges determined by the State Government.
- S. 68Section 68 holds all users jointly liable for wasted irrigation water if the responsible party is unknown, as per state-prescribed charges.
- S. 69Section 69 allows recovery of charges as water rates in addition to penalties for unauthorized water use or waste.
- S. 70The Canal Officer can contract with individuals to collect and remit dues owed under the Bihar Irrigation Act.
- S. 71Section 71 sets toll 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 purposes.
- 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 collection.
- S. 75Section 75 of the Bihar Irrigation Act allows seizure and sale of vessels and their furniture for unpaid tolls.
- S. 76Section 76 imposes a betterment contribution tax on landowners benefiting from irrigation work improvements by the state.
- S. 77Section 77 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, with exceptions for time elapsed since work completion.
- S. 79Section 79 deems betterment contributions under the Bihar Irrigation Act as revenue demands on the land.
- S. 80Section allows non-owners with interest in land to pay owner's irrigation contribution and receive rebate if paid within two years.
- S. 81Section 81 of the Bihar Irrigation Act exempts the State Government from liability for compensation due to temporary water stoppages in irrigation works.
- S. 82Section 82 penalizes unauthorized interference with or damage to irrigation works and water supply systems.
- S. 83Section 83 penalizes unauthorized damage to flood embankments or obstruction of sluices by fines or imprisonment.
- S. 84Section 84 mandates that convicted offenders must remove obstructions or repair damages, with costs recovered if they fail.
- S. 85Section 85 allows canal employees to detain offenders without a warrant for damaging or obstructing canals or interfering with water flow.
- 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 holds a company and responsible individuals liable for offenses under the Bihar Irrigation Act, with exceptions for due diligence.
- S. 90Section 90 allows Canal Officers to accept up to ₹2,000 as compensation for 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. 92The Division Canal Officer prepares and updates a list of labor for irrigation duties as per rules.
- 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 safe bunds, with Canal Officer authority to repair and recover costs if needed.
- S. 97Section prohibits mining or quarrying with explosives within a specified distance from irrigation works without Canal Officer's permission.
- S. 98Section 98 prohibits excavation of domestic wells near irrigation works without government sanction.
- S. 99Section 99 prohibits fishing in government-controlled water bodies without written permission and prescribed fees.
- S. 100Section 100 restricts water release from canals to authorized Canal Officers or empowered officials.
- S. 101Section 101 prohibits unauthorized water pumping from irrigation works and authorizes removal of illegal devices and criminal charges for violations.
- S. 102Section 102 prohibits depositing mine or earth produce near irrigation channels to prevent obstruction.
- S. 103Section 103 prohibits pollution of irrigation work water and references the Water Prevention and Control of Pollution Act, 1974 for enforcement.
- S. 104Section 104 resolves disputes over village channel rights and responsibilities by directing Canal Officers to investigate and issue orders.
- 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. 106The Superintending Engineer can revise a Divisional Canal Officer's order on his own or on an application by an aggrieved person within 30 days.
- S. 107Section 107 exempts the State Government and its officers from liability for losses due to irrigation work failures or overflows.
- S. 108Section 108 mandates that all losses from acts under the Bihar Irrigation Act must be claimed for compensation, or none can be claimed later.
- S. 109Section 109 states that the powers under the Act are supplementary to existing government powers.
- S. 110Section 110 details the method for publishing proclamations and notices under the Bihar Irrigation Act.
- S. 111Section 111 outlines methods for serving notices or orders under the Bihar Irrigation Act.
- S. 112Section 112 of the Bihar Irrigation Act allows the return or sale of lands no longer needed for irrigation, with proceeds funding new irrigation projects.
- S. 113Section mandates government to construct and maintain crossings over canals and drainage to prevent obstructions.
- S. 114Section 114 allows the State Government to recover dues through an authorized officer.
- 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 ongoing legal proceedings.