Amendment status not verified — confirm the current text below against the official source.
Consequences of construction of irrigation works—(1) Where the Government construct an irrigation work for utilizing the water in a water course,— / \ (a) the Government shall be entitled to regulate, utilize, protect and distribute all water in such water course and all the tributaries and branches thereof upwards such irrigation work in such manner as may suit the public purpose; (b) no person or agency shall, without the sanction of the Government or such authority as may be authorized by the Government in that behalf, do anything which obstructs, interferes with, diminishes or is likely to obstruct, interfere with or diminish, the flow of water in such water course, (c) no person or agency shall use water from any irrigation work owned or controlled or maintained b> the Government for any purpose other than domestic purpose except under, and m accordance with the terms and conditions of a license issued by such authority as may be prescribed. (2) Where the prescribed authority is satisfied that a license issued under clause (c) of sub-section (1) may affect adversely the effective functioning of the irrigation work, he may, after giving the person affected thereby a reasonable opportunity of being heard, revise or cancel such license 10 Payment of amount for damage etc.—(1) Any person who, by reason of the construction of an irrigation work by the Government, or the exercise of the powers conferred on the Government by or under this Act, suffers material damage on account of the deprivation or infringement of his riparian right to use watercourse for the purpose of irrigating his land or for any other purpose, shall be paid an amount of money for such damage* Provided that no amount shall be payable under this sub-section to a person who has not exercised his riparian right for a period of two years immediately preceding the commencement of this Act: Provided further that no payment under this sub-section shall be denied to a person if the non-exercise of the right was for no fault of his own Provided also that no payment under the sub-section shall be denied to a person without giving him a reasonable opportunity of being heard. (2) The amount payable under sub-section (1) shall be assessed in cases where water was being used,—; (a) for the purpose of irrigating land, at ten times the annual loss suffered or likely to be suffered by such deprivation or infringement, (b) for any other purpose, at five times the annual loss suffered or likely to be suffered by such deprivation or infringement (3) Every claim under this section shall be preferred to the Collector within whose jurisdiction the land, the riparian right over which is deprived of, or infringed, is situated. (4) The Collector shall, after such enquiry as he deems fit and after giving the claimant an opportunity of being heard, by order, determine the amount, if any, payable to the claimant in consultation with the concerned Irrigation Officer and Agricultural Officer 11 Bar to claims —No claim under section 10 shall be entertained after the expiry of one year from the date of the notification under sub-section (1) of section 8 Provided that the Collector may, if he is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of one year, condone the delay up to ninety days after the expiry of that period