Amendment status not verified — confirm the current text below against the official source.
Repeal and savings. * * * * STATEMENTS OF OBJECTS AND REASONS. Act 16 of 1965.- There are at present different enactments in force in the different areas of the State in regard to the construction, maintenance and regulation of irrigation works and other matters pertaining to irrigation. An Act called the Mysore Irrigation (Levy of Betterment Contribution and Water Rate) Act, which was passed by the Legislature in 1957, consolidated all the provisons in these enactments, in so far as they related to the levy of betterment contribution and water rate. The present Bill seeks to consolidate all the remaining provisions of the Irrigation and other allied Acts in force in the different areas. The Bill provides among other things for the regulation of water from irrigation works, and gives certain powers to irrigation officers in regard to the survey, investigation, execution and maintenance of irrigation works. It provides as before for the performance of customary obligations in regard to maintenance of irrigation works by the beneficiaries. There is provision for taking over certain notified irrigation works all over the State for maintenance by Government if it is found necessary to do so in the interest of their proper preservation and of the economic 4 utilization of and regulation of water from such works. This is subject to the payment by the beneficiaries of a cess, the proceeds of which will be put into a fund. A contribution up to 50 per cent of such proceeds is to be made by Government to the fund out of the general revenues. This fund is to be utilised not merely for maintenance but also for providing facilities for proper use of water from the irrigation work and for constructing and maintaining ayacut roads, culverts, etc., in the irrigated area. It is proposed to take over all but very small irrigation works for maintenance over a period of years, so that at the end of that period, the State will have complete control and responsibility for maintenance of all such works, while the responsibility for the others will continue to vest in the beneficiaries or other appropriate agencies. Provision has also been made in the Bill for the construction by Government Agency of all water courses with a capacity of not below one cusec, leaving the responsiblity for construction of water courses having a smaller capacity (called 'field channels') to the ryots. At present the practice in this behalf varies from one area to another, the smallest capacity of water courses to be constructed by Government being 3 cusecs in some areas. The lowering of the limit is intended to provide greater facilities to ryots and to promote the speedy development of irrigation, particularly under major projects. There is also provision to enable Government to construct field channels in the event of failure on the part of the ryots to construct them, subject to recovery of the cost of such construction from the holders of lands benefited from such field channels. The Bill also provides for certain safeguards for irrigation works and for certain safeguards for irrigation works and for penalties for the contravention of the mandatory provisions of the Bill. (Published in Karnataka Gazette (Extra ordinary) Part IV -2A dated 18.12.1959 as No. 102 at pages 28-29.) II Amending Act 12 of 1969.- According to the Mysore Irrigation Act, 1965, firld channels may be constructed either by a persons whose lands would be benifited by the construction or by Government at the instance of such persons. It is now proposed to provide that Government itself shall construct all fields channels at Government cost. It is further proposed to provide that the procedure relating to acquistion of lands and payment of compensation under the Act shall, as far as may be, in accordance with the provisions of the Land Acquisition Act. It is also proposed to provide penal water rate for unauthorised cultivation in order to ensure effcetive compliance of the Act. It is necessary to amend the Act for the said purposes. Hence this Bill. Opportunity is taken to make certain incidental and consequential amendments also. (Published in Karnataka Gazette (Extra ordinary) Part IV -2A dated 26.8.1968as No. 767 at pages 6.) III Amending Act 24 of 2000.- To achieve better results in water management, it is considered necessary to involve and empower farmers through Water Users Co-operative Societies and their Federations in irrigation water management. Accordingly, it is considered necessary to amend the Karnataka Irrigation Act, 1965,- (i) to provide for entrustment of control, maintenance and monitoring of irrigation works to Water User Societies; 5 (ii) to enable, Water Users Societies to provide the means of crossing canals and to construct culverts etc., to prevent obstructions to drainage; (iii) to empower the Water User Society to construct drainage works wherever necessary; (iv) to empower the Water User Society to repair the field channel in the event of failure by the user to repair the field channel and recover the costs from the user; (v) to provide for consulting the Water Users Project Level Federation for regulating water supply from irrigation work; (vi) to empower water user society to levy water charges when water is temporarily made available as well as when water is used unauthorisedly; (vii) to empower Water User Society to stop supply of water in the event of violation of cropping pattern and non-payment of water charges and to levy penal water charges in cases of crop violations; (viii) to exempt levy of maintenance cess in respect of lands situated within the jurisdiction of Water User Societies; (ix) to provide for compounding of offences; (x) to provide for compensation of Water Users Apex Level Federation; (xi) to outline the functions of Water User Society, Water Users Distributary Level Federation, Water Users Project Level federation and Water Users Apex Level Federation. Further it is also considered necessary to amend the Karnataka Irrigation (Levy of Betterment, Contribution and Water Rates) Act, 1957 to restrict the application of the Act only to the Water Users Co-operative Societies and not to the societies registered under the Karnataka Societies Registration Act, 1960. Certain consequential amendments are also made. As the matter was urgent and the Karnataka Legislature Council was not in session, Karnataka Irrigation and Certain Other Laws (Amendment) Ordinance, 2000 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill (Obtained from L.A. Bill No. 29 of 2000) IV Amending Act 8 of 2002.- It is considered necessary to provide for Water Users Societies to become members of the Water Users Project Level Federation by suitably amending the Karnataka Irrigation Act, 1965. It is also considered necessary to amend the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 to entrust the work of supplying the water from any irrigation work and levying and collecting the water rates thereby to the Karnataka Neeravari Nigam Limited . Since the matter was urgent and the Karnataka Legislative Council was not in session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance, 2001 (Karnataka Ordinance 6 of 2001) was promulgated to achieve the object. Hence the Bill. (L.A. Bill No. 2 of 2002) 6 V Amending Act 9 of 2002.- It is considered necessary to amend the Karnataka Irrigation Act, 1965, to provide for,- (i) a separate definition of "Water Users Association" and to make a provision for continuing the existing Water Users Societies registered prior to the commencement of this Amendment Act in respect of the minor Irrigation tanks irrigating less than 2000 hectares till a Water Users Association is registered under the Karnataka Societies Registration Act, 1960. (ii) Conferring certain powers under Sections 4, 10, 14 and 27 on the Water Users Association. (iii) Exempting Water Users Association from the levy of maintenance cess. (iv) Defining the functions of the Water Users Association. It is also considered necessary to amend the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 enable levy of water rate on Water Users Association who in turn may collect water charges from the water users. Since the matter was urgent and the Karnataka Legislative Council was not in session, the Karnataka Irrigation and Certain Other Law (Amendment) Ordinance, 2002 (Karnataka Ordinance 1 of 2002) was promulgated to achieve the object. Hence the Bill. (L.A. Bill No. 7 of 2002) VI Amending Act 36 of 2003.- Krishna Bhagya Jala Nigam Limited and the Government of Karnataka have made an investment of Rs. 4143 crores for the construction of Almatti and Narayanpur Dams, Main Canals, Distributories and Rs. 780 crores for the construction of field Irrigation Channels in private lands. This considerable investment is made to provide irrigation facilities to the lands owned by farmers of this State in order to improve their economic condition through productive agricultural practice. In order to ensure that the benefits of Irrigation accrue to the original landholder by preventing sale or lease, to a limited extent of the land by him in favour of any other person, it is proposed to restrict partially, the transfer of such land for a limited period. As the matter was urgent and the Karnataka Legislative Council was not in session, the Karnataka Irrigation (Amendment) Ordinance, 2003 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill. (L.C. Bill No. 3 of 2003) [Entry 17 of List-II of the Seventh Schedule to the Constitution of India]. 7 VII Amending Act 29 of 2010.-