Amendment status not verified — confirm the current text below against the official source.
Central Provinces Irrigation Act, 1931 (III of 1931) Section 1- For sub-sections (2) and (3), substitute-- "(2) It extends to and shall be in force in the whole of Madhya Pradesh." Section 6.- At the end, substitute a comma for the full stop and insert,-- "and includes a private water-course." After Section 6, insert-- "6- A. Private water-course.-- 11 Private water-course' means a watercourse constructed at the cost of a permanent holder." Section 14.- For Section 14, substitute-- "14. Permanent holder.-- In the table set out below the person specified in the second column shall be deemed to be the permanent holder of land held by him as specified in the first column:-- TABLE (1) Mahakoshal region Land held as a Bhumiswami The Bhumiswami Land held as a Bhumidhari The Bhumidhari (2) Madhya Bharat Region Land held as a Pakka tenant The Pakka tenant. Land held as a concessional holder The concessional holder. (3) Vindhya Pradesh Region Land held as a Pachpan Paintalis The Pachpan Paintalis tenant. tenant Land held as a Pattedar tenant The Pattedar tenant. Land held as a grove holder The grove holder. Land held as the holder of a tank The tank holder. (4) Bhopal region Land held as an occupant The occupant Land held as a Shikmi of Khudkast The holder of Shikmi. for more than one year Land held by the grantee of The grantee of Khudkast. Khudkast (5) Sironj Region Land held as a Khateder tenant The Khatedar tenant. Land held as a grove holder The grove holder." After Section 18, insert-- "18-A. Additional Canal Officers.-- 12 The State Government may, by notification in the Official Gazette, appoint the Canal Officers of any neighbouring State to be Additional Canal Officers in any subdivision or circle of this State and to exercise such powers and to perform such duties under this Act as may be specified in the notification." Section 30.- After sub-section (1), insert-- "(I-A). In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at fifteen times the amount of the diminution of the annual net profits of such property, caused by the exercise of the powers conferred by this Act." After Section 89, insert-- "89-A. Acquisition of the right of supply through an existing private water-course.-- (1) Any permanent holder of irrigable or wet land desiring to have the right of supply of water through a private water-course of another person passing through or by the side of or within easy reach of such land may apply to the Collector. (2) If the applicant undertakes to defray all costs involved in acquiring such right and to share the expenses made by the owner in the construction of the water-course, the Collector shall serve a notice on the owner to show cause why the right should not be granted. (3) If the owner of the water-course raises no objection, the Collector may declare the applicant to be the joint holder of the watercourse on such conditions as to the payment of cost, compensation or otherwise as may appear to him equitable. 89-B. Construction of a private water-course.-- (1) Subject to rules made under the Act, a permanent holder of irrigable or wet land in a village or chak may construct on his land a private water-course. (2) Every permanent holder desiring to construct a private water-course shall, before undertaking the construction thereof, make an application in writing to the Executive Engineer clearly disclosing therein the details of the proposed water-course including its alignment, the land which is sought to be irrigated and such other particulars as may be prescribed. 13 (3) On receipt of the application, the Executive Engineer shall, after making or causing to be made such enquiry, as he deems fit, lay down the specification for the construction of the private water-course and give such other directions in relation thereto as he may consider necessary. (4) Every private water-course shall be constructed in accordance with the specifications and directions given under sub-section (3). (5) No private water-course shall be used for the supply of water from a canal for irrigation purposes unless it has been constructed in accordance with the specifications and directions given under sub-section (3). 89-C. Occasional supply of water thought private water- course.-- (1) Any permanent holder or occupier in a wet or irrigable area may apply to the Executive Engineer for supply of water from a canal. (2) If it appears expedient that such supply should be given and that it should be conveyed through an existing private water-course, the Executive Engineer shall give notice to owner of the water-course to show cause on a day not more than 14 days from the date of such notice why the said supply should not be so conveyed. (3) On the day fixed, the Executive Engineer shall after hearing the owner if present and making such enquiry, as he thinks fit, determine whether and on what conditions the said supply should be conveyed through the water-course. (4) Any person aggrieved by the decision of the Executive Engineer under sub-section (3), may before the expiry of thirty days from such decision, prefer an appeal to the Superintending Engineer and subject to the result of such appeal, if any, the decision of the Executive Engineer shall be final. (5) Such applicant shall not be entitled to use the water-course until he has paid the cost of any alteration of the water-course required to making the supply available through it and such charges for use of the water-course as the Executive Engineer may determine. (6) The applicant shall also be liable to maintain the water-course so long as he uses it. 89-D. Obligation of person owning or using private water- course.-- (1) Every permanent holder owning or using private water-course, shall-- (a) construct and maintain to the satisfaction of the Executive Engineer all works which, in the opinion of the Executive Engineer, are required for the passage of water 14 or traffic across the aforesaid private water-course or of water-course existing previous to its construction and of drainage intercepted by such private water-course, and for affording proper communication across it for the convenience of the neighbouring lands; (b) maintain the water-course in proper repair so long as it is in an area under an agreement or in a compulsorily assessed area; and (c) allow its use in the manner and to the extent provided by Section 89-C. (2) If at any time the Executive Engineer considers in respect of a water-course referred to in sub-section (1) that the works mentioned in clause(a) of that sub-section have not been constructed or maintained or that the water-course is not in proper repair as required by clause (b) thereof-- (a) he may, by a notice served upon the persons liable under sub-section (1), require that the construction or repairs be made to his satisfaction on or before a specified date; and (b) if the construction or repairs are not made to his satisfaction by such date he may stop the supply of water to the water-course; or (c) he may cause the construction and repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holder owning or using the water-course in proportion to the areas held by them in the land which is ordinarily irrigated through the water-course. 89-E. Application of Sections 89-A to 89-D.-- Provisions of Sections 89-A, 89-B, 89-C and 89-D shall, in the first instance, apply to the Madhya Bharat and the Vindhya Pradesh regions, and the State Government may, from time to time, by notification extend their application to such other areas as it may deem fit." Section 91.- After clause (d), insert-- "(e) the circumstances in which and the conditions subject to which applications under Section 89-B may be made."