The MP IRRGATION RULES 1974

madhya-pradesh · 1974

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S. 1Revised rule 193 substituted vide Notification No
S. 2Definitions
S. 3Corporation & Towns
S. 4Section 21 declares certain khasra numbers as wet land for current settlement purposes.
S. 5Zaid Rabi (Summer-Crop)
S. 6Section 6 appoints Irrigation Inspectors, Section Subordinates, and Amine as canal subordinates and allows the Chief Engineer to assign them to specific charges.
S. 7The Chief Engineer may delegate to 'Superintending Engineers or Executive Engineers any of his powers under rules 5 and
S. 8Section 8 requires an appeal or revision petition to include a certified copy of the order being contested unless exempted.
S. 9Section 9 outlines the appellate authority's powers to either reject or hear appeals, and to make decisions or remand cases after hearings.
S. 10Section 10 allows the stay of an order pending appeal or before the appeal period ends, with possible security or conditions.
S. 11Section 11 allows appeals or revisions against certain orders to be submitted to the appellate authority or forwarded by registered post.
S. 12Section 12 restricts canal officers from investigating cases outside their local charge area without written reasons.
S. 13Section allows transfer of irrigation cases between canal officers by State Government or Chief Engineer.
S. 14Section 14 allows a Canal officer to transfer or withdraw cases for decision to other competent officers.
S. 15Section 15 exempts individuals residing beyond certain distances from attending in person unless they fall within the canal officer's jurisdiction.
S. 16Section 16 exempts certain individuals from personal appearances in court under specified conditions.
S. 17Section 17 provides for diet and travel expense payments to inquiry attendees under the MP Irrigation Rules, aligning with the Land Revenue Code.
S. 18Section 18 mandates that notices for summons in Madhya Pradesh Irrigation Rules must be in duplicate, signed, specify attendance details, and indicate evidence or document production.
S. 19Section 19 outlines methods for serving notices under the MP Irrigation Rules, including postal, personal, or public display.
S. 20Section 20 allows a canal officer to proceed or dismiss a case if a party fails to appear at the hearing.
S. 21(1) A canal officer may from time to time adjourn the hearing of a case or proceeding before him
S. 22Section 22 allows appeals against certain canal officer orders only after merits are decided, with a 30-day window to set aside orders if prevented from hearing.
S. 23Canal officers can allocate costs in irrigation cases as they see fit, except for government-initiated proceedings.
S. 24Section 24 allows parties or their agents, including legal practitioners, to appear before canal officers for proceedings under the Act.
S. 25Section 25 mandates joint inspection of canal alignment by Sub-Divisional Officer and revenue officer before construction.
S. 26Section 26 mandates regular crossings on canals and distributaries at specific intervals, with exceptions for special cases.
S. 27Section 27 mandates irrigation crossings typically on existing field channels, with only one crossing if multiple channels exist from a tank on one valley side.
S. 28The inspection shall be made on the spot by the aforesaid two officers jointly
S. 29Section 29 mandates the Sub-Divisional Officer to submit a joint report to the Executive Engineer for review and forwarding to the Collector.
S. 30Section 30 allows the Collector to override the Executive Engineer's recommendation and conduct further inquiries if necessary.
S. 31Section 31 directs the Collector to approve irrigation works and report to the Executive Engineer and submit cases to the Secretary for orders.
S. 32Section details the process for submitting reports on irrigation works disputes between Executive and Superintending Engineers to the Commissioner.
S. 33Section mandates the Executive Engineer to prepare and file reports on canal crossings, signed by both officials, and notify affected residents.
S. 34Section 34 mandates the Superintending Engineer to decide the timing of the second joint inspection, starting three years after water is first admitted to the canal.
S. 35Section 35 outlines the procedure for the second joint inspection involving a revenue officer and the Sub-Divisional Officer (Irrigation).
S. 36Section 36 outlines the process for considering and fixing water supply rates in Madhya Pradesh, involving the Standing Committee and the Legislative Assembly.
S. 37Section 37 allows the State Government to set irrigation rates if no Standing Committee is formed, with rates to be presented to the committee if established within six months.
S. 38Section 38 outlines water rate assessment and charges for cultivators based on whether they sow and water crops or not.
S. 40Section 40 determines that mixed crops in an area are charged the highest water rate among them.
S. 41Section 41 calculates water rates based on the highest-rated crop unless crop divisions are clearly defined by a ridge.
S. 42Section 42 specifies the irrigation rate when a failed crop leads to re-sowing within the same season, applying it to the new crop if area is exempt.
S. 43Section 43 specifies irrigation agreement demarcation and water rate charges for un-demarcated portions.
S. 45Section 45 treats areas irrigated by wells or other sources in the same season as if they were irrigated by the state canal.
S. 46The Executive Engineer can allow water supply for land preparation at a set rate.
S. 47Section 47 increases water rates by 10% for late short-term agreements presented within one month after the prescribed date.
S. 48When short term agreement has been given to irrigate specified area
S. 49Section 49 determines irrigation rates based on tree watering method and number per acre.
S. 50Irrigation from escape
S. 51When the crops are damaged by percolation; leakage or breach of canal etc
S. 52Persons using water without permission at the time prohibited by proper authority, that is
S. 53Section 53 imposes a fine of up to Rs. 250 for willfully damaging canal banks or bunds for irrigation.
S. 54The cultivators desiring constructions of a Sub- merging tank shall apply to the Executive Engineer concerned in Form 2
S. 55On receipt of the application the Executive Engineer shall undertake survey etc
S. 56Section 56 mandates the Executive Engineer to make agreements with landholders benefiting from irrigation schemes in Form 3.
S. 57Section mandates fixing and marking full tank level stones on village maps and preparing triplicate lists of benefited areas.
S. 58Section 58 mandates that submerging tank gates must remain closed until October 1st and area marking must finish by September end.
S. 59Section 59 mandates the Amin to document submerged areas post-September 15 and report tank status to the Executive Engineer.
S. 60Section 60 allows the Collector and Executive Engineer to keep certain tanks filled for drinking water during scarcity, with Commissioner's approval.
S. 61When an old scheme is restored, the Abi portion of land Revenue shall be treated as rebate
S. 62Section 62 charges half the land revenue rate for submerged cultivable land not in use.
S. 63Section 63 charges an additional crop rate if canal water is taken under rules 61 and 62.
S. 64Application for the supply of water for irrigation on demand shall be made in writing by the occupiers requiring it in
S. 65Section 65 allows Sub-Divisional Officers to issue urgent water supply orders in anticipation of Executive Engineer's approval.
S. 66Section 66 allows full remission of water rates if the Executive Engineer confirms a water supply failure.
S. 67Section 67 requires applications for village tank water to be submitted in Form 5 at least fifteen days in advance to canal officers.
S. 68The Executive Engineer must notify applicants in writing about the cost for water supply to village tanks before sanctioning their application.
S. 69Section 69 prohibits the Executive Engineer from approving irrigation water applications if it will harm rice irrigation, lack delivery arrangements, or be used for non-agreed crops.
S. 70Section 70 sets the charge for water supplied to village tanks based on measured volume.
S. 73Section 73 imposes triple charges and a Rs. 250 penalty for unauthorized or wasted water use.
S. 74Section 74 exempts water from charges if it percolates, leaks, or floods naturally unless deliberately diverted for benefit.
S. 75A canal officer or canal subordinate on becoming aware of waste of water, shall immediately stop it
S. 76Section mandates Executive Engineer to issue orders after investigating unauthorized water use, communicating them to relevant section.
S. 77Section 77 allows cultivators to make written or personal representations about irrigation orders within ten days.
S. 78Section 78 mandates the Collector to review reports and plans before deciding on appeals against Executive Engineer's orders.
S. 79The Executive Engineer must oversee water distribution and ensure optimal agricultural use under section 40 of the Irrigation Act.
S. 80Section 80 outlines water rate charges based on agricultural use and other purposes under Madhya Pradesh Irrigation Rules 1974.
S. 81The area irrigated outside the submerging tank while emptying or through sluice, waste weir etc
S. 82Section 82 authorizes canal officers or designated subordinates to sign irrigation agreements on behalf of the Government.
S. 83Section 83 mandates agreements for canal irrigation in Madhya Pradesh, with penalties for unauthorized irrigation.
S. 85Section allows mutual modification or cancellation of irrigation agreements between the canal officer and permanent holder.
S. 87Section 87 allows Superintending Engineer to approve long-term rice irrigation agreements beneficial to the State Government.
S. 88Section 88 authorizes Canal Deputy Collectors or Irrigation Inspectors to act on agreements if two-thirds or 95% of village irrigable land holders consent.
S. 89Section specifies procedure for hearing objections and finalizing long-term irrigation agreements.
S. 90Section 90 states that long-term agreements in irrigation have retrospective effect from the season start unless otherwise noted, and supplementary agreements for wet areas can be accepted by the Executive Engineer.
S. 91Section allows immediate irrigation water supply on long-term agreement if two-thirds or 95% of permanent holders sign, with rates reverting if not finalized.
S. 92Section 92 allows cultivators to renew or consolidate irrigation agreements for a village irrigated from a single work.
S. 93Section 93 mandates supplying a copy of final, binding long-term agreements to the village sarpanch.
S. 94Section 94 mandates the preparation and verification of a list of land parcels for long-term irrigation agreements, to be reviewed by an inspector and shared with village officials.
S. 95Section 95 allows individual, crop-specific short-term irrigation agreements in the wheat or mixed crop zone, ending upon crop maturity.
S. 96Section 96 allows Canal Officer to cancel short-term agreements for water supply due to unpaid rates, technical issues, or poor maintenance.
S. 97Section 97 mandates permanent holders in short-term agreements to pay water rates unless the government fails to supply water, in which case the area can be declared dry and revenue remitted.
S. 98(1) The short term irrigation agreement for each crop shall be concluded as per programme given below: - S
S. 99Section 99 allows the Superintending Engineer to extend the agreement's conclusion date by one month if convinced.
S. 100Section 100 mandates the Executive Engineer to consult local officials and farmers to determine and allocate canal irrigation areas for each crop season.
S. 101Section finalizes tentative water release schedules and outlet opening dates for irrigation fields.
S. 102Executive Engineer shall reduce or enhance the area determined in the meeting and even stop the supply in cases of emer
S. 103Section 103 requires permanent holders or occupiers to submit short-term agreements, which can be filled by the Amin.
S. 104A receipt in Sinchai Pustika (Form 11-A-Hindi) shall be granted by the official receiving the agreement
S. 105Section 105 outlines the procedure for making short-term agreements with occupiers by deputing an Irrigation Inspector.
S. 106Section details the process for Irrigation Inspectors to obtain short-term agreements from occupiers, with signatures from local leaders as witnesses.
S. 107Section ensures occupier must verify agreement details before signing, and no complaints will be considered post-signature.
S. 108Section allows occupiers unable to attend meeting for short-term irrigation agreements to apply to Irrigation Inspector for Amin to receive their agreement.
S. 109The occupier shall mention in the short-term agreement exact area with the field numbers and crop which he intends to i
S. 110In the short term agreement the occupier shall mention carefully and clearly the crop which he intends to irrigate
S. 111Section 111 allows an occupier to irrigate additional fields with approval from the Canal Deputy Collector or Executive Engineer.
S. 112The section allows the Executive Engineer to supply water to crops without short-term agreements if assured supply is impossible due to technical issues.
S. 113Section 113 mandates Irrigation Inspectors to submit filled agreement forms to the Executive Engineer or Canal Deputy Collector for sanction within a week.
S. 140Payment for the canal revenue payable on account of water supplied for the irrigation of kharif crop
S. 141Section 141 specifies payment timing for water supply to village tanks based on Kharif and Rabi seasons.
S. 142Section 142 allows Superintending Engineer to postpone dates under rules 140 and 141 by one month on Canal Deputy Collector's request.
S. 143Section 143 determines the number of elected members for an Irrigation Panchayat based on Collector's recommendation.
S. 144(a) An irrigation panchayat shall hold office for three years
S. 145Section 145 disqualifies certain individuals from being electors or holding office on an irrigation panchayat.
S. 146Section 146 details the process for electors to privately specify preferred candidates for Panchayat positions on Form 14.
S. 147Section 147 defines who qualifies as electors for membership in the irrigation panchayat.
S. 148Section 148 mandates the Amin to prepare and publicly display a list of eligible village electors for irrigation elections.
S. 149Section allows objections to irrigation list entries or omissions to be filed and resolved within 16 days by the Irrigation Inspector.
S. 150Section allows aggrieved parties to appeal Irrigation Inspector's decisions to Canal Deputy Collector within 8 days, with final decision in 10 days.
S. 151Executive Engineer shall appoint and depute an Irrigation Inspector or Canal Subordinate to preside at the election
S. 152Section 152 mandates the presiding officer to prepare a detailed election report and seal papers, handing them to the Canal Deputy Collector after the election.
S. 153Section 153 outlines the process for preparing and submitting election results for canal deputy collector positions in Madhya Pradesh.
S. 154In the event of an equality of votes: the order of preference shall be decided by lot
S. 155Section 155 mandates the Collector to inform the Executive Engineer, who must display a list of village panchas publicly.
S. 156The Panchayat shall, at a meeting at which not Jess than three members are present elect one of their members to be Sar
S. 157Section outlines procedure for filling vacancies in elected panchayat members due to retirement, death, disqualification, or removal.
S. 158Section 158 allows election disputes to be challenged within 14 days, with the Collector handling inquiries.
S. 159Section 159 allows the Collector to declare election results void and order a new election if corrupt practices are found.
S. 160Section 160 grants inquiry powers to Collectors and Revenue Officers under the 1959 Code and canal officers under specified rules.
S. 161Section mandates Sarpanch or authorized panchayat member to notify other panchas of meeting details and agenda.
S. 162Every meeting of the panchayat shall be presided by the Sarpanch
S. 163One half of the total number of panchas including the sarpanch, if present, shall form a quorum
S. 164The President shall keep In Hindi a brief record of its meetings and proceedings in a book
S. 165Section 165 allows compounding of certain canal and water course offenses, except where damage exceeds thirty rupees.
S. 166Section 166 mandates the sarpanch to maintain the irrigation panchayat fund in specific banks or with village approval, with minor amounts allowed for panches.
S. 167The Irrigation Panchayat can approve spending from its fund for public utility works in the village, as approved by the Collector.
S. 168Section mandates maintenance and monthly closing of irrigation panchayat fund accounts by Sarpanch, reviewed by panchayat and checked by Canal Officer or Irrigation Inspector.
S. 169An irrigation panchayat shall maintain the following books and papers:- (i) Panchayat fund account book in Form, 16
S. 170Section 170 outlines the commission rates and payment schedule for irrigation panchayats for canal revenue collection and administrative work.
S. 171Section mandates maintenance of an alphabetical register of panchayat names by various officials.
S. 172Section 172 mandates Amin to record irrigation water supply details in Form 19 by specific dates.
S. 173Section 173 mandates the Amin to issue parchas to cultivators after final survey entries, personally delivering them or leaving with local officials if necessary.
S. 174Section 174 mandates the Amin to prepare specific ledger and summary forms for cultivator records using Khasra Shudhkar and Parchas.
S. 175Section 175 allows cultivators to file written objections to a parcha within ten days, which the Irrigation Inspector records and schedules to address.
S. 176Section allows an Irrigation Inspector to reschedule village visits to address objections if initially prevented.
S. 177All objections shall be investigated within 15 days of the receipt and decided promptly
S. 178The amount due from each occupier, shall be calculated to the nearest paise
S. 179Section confirms water rate if cultivator doesn't object within ten days of receiving notice.
S. 180Section allows cultivators to object to parchas within ten days, delaying disputed amount collection until objection resolved.
S. 181Section 181 allows canal officers to correct assessment entries and communicate changes to cultivators and relevant authorities.
S. 182Section 182 mandates the transmission of revenue statements to local leaders for collection and acknowledgment of canal fees.
S. 183Section mandates remittance of collected irrigation fees within two weeks, with triplicate challans for record-keeping and verification.
S. 184Section 184 mandates Irrigation Inspector and Amin to oversee water fee collection and report any breaches to the Canal Deputy Collector.
S. 185No collection of canal revenue may, on any account, be made by panchayat or Patel after the date as prescribed in rule
S. 186Section mandates Amins to collect unreturned records from local officials and report refusal to Canal Deputy Collector for police assistance.
S. 187Section 187 mandates Amin to prepare defaulter lists and submit them to the Irrigation Inspector for verification and forwarding to the Canal Deputy Collector.
S. 188From the Kistabandi Khatoni the Canal Deputy Collector will then complete his village-wise statement and register
S. 189Section 189 mandates the Canal Deputy Collector to compile defaulter lists and arrange for collection of land revenue arrears.
S. 190The section allows the Superintending Engineer to remit up to Rs. 250 for irrecoverable irrigation dues on recommendation of the Canal Deputy Collector.
S. 191Section allows adjustment and refund of water rates with approval after excess recovery or remission.
S. 192Section penalizes officials for not issuing receipts and imposes late fees for unpaid canal water rates.
S. 194Section 194 specifies the form for applications to investigate water courses and contracts under section 65.
S. 195Section 195 mandates the Executive Engineer to conduct suitable investigations on received applications and mark accepted proposals on a village map, signed by at least three leading permanent holders.
S. 196Section directs the Executive Engineer to prepare cost estimates for water courses and obtain applicant signatures once approved.
S. 197Section 197 mandates canal officer's signature and endorsement for contract approval if section 66 conditions are met.
S. 198Section 198 mandates the Amin to prepare and maintain a list of landholders responsible for irrigation maintenance, proportionate to their land.
S. 199Section mandates Sarpanch to record labor details for assessing repair contributions from permanent holders.
S. 200Section penalizes unauthorized damage or alteration of water courses with fines up to ₹250, increasing daily for ongoing breaches.
S. 201Section 201 allows field channels to be moved across fields if needed, with land acquisition under the Land Acquisition Act if required.
S. 202Section 202 details expenses for field channel execution including jungle clearance, earthwork, and land acquisition costs.
S. 203Section 203 mandates field channels to directly feed every field to avoid extra costs for permanent holders.
S. 204Section defines "area benefited" as land irrigated by field channels, excluding government land until privately allotted.
S. 205The subsequent allotters of the Government land revenue
S. 206Section 206 states that field channels are considered properly maintained if they deliver water without waste.
S. 207Section 207 mandates beneficiaries of lands near field channels to maintain them and pay costs, with government land share borne by beneficiaries.
S. 208Section 208 outlines how expenses for field channel construction are to be recovered and apportioned among beneficiaries based on the area benefited.
S. 209Section 209 mandates handing over field channels to beneficiaries via irrigation panchayat and provides map details to be retained by the Executive Engineer.
S. 210Section 210 specifies who is entitled to take water from field channels, prioritizing contributors and landowners, with nonagricultural users paying a portion of the usual water rates.
S. 211Section 211 allows Executive Engineer to authorize supplies based on irrigation panchayat's recommendation.
S. 212Section 212 mandates recovery of unpaid irrigation fees as land revenue arrears and credits them to the panchayat fund.
S. 213Section allows individuals to stop water flow under specific conditions like unauthorized use or waste.
S. 214Section allows Executive Engineer to approve changes to field channels at holders' expense.
S. 215Section 215 governs pre-existing field channels by applying construction and maintenance rules.
S. 216Section penalizes unauthorized damage to irrigation channels with fines up to Rs. 250 and additional daily fines for ongoing breaches.
S. 217All relevant accounts shall be maintained by the Executive Engineer in his office
S. 218The amount to be recovered on account of expenses Incurred on construction of field channels or maintenance thereof
S. 219Section 219 outlines the distribution of irrigation water among beneficiaries and dispute resolution through the Irrigation panchayat.
S. 225The deposit of Rs
S. 228Section details preparation of statements for cultivators and distribution of irrigation timings based on field holdings.
S. 230In fixing time and its sequence, consideration shall be given to the distance of the thok from the outlets
S. 233The selected thokdars shall manage the distribution of water within them
S. 234The thokdar may however interchange the timings if
S. 235Section 235 mandates canal operation to ensure timely water distribution, allows Executive Engineer to revise warabandi, and imposes fines for violations.
S. 239Section 239 allows irrigation panchayats or majority landowners to request Banihar assistance for water distribution beyond the outlet.
S. 240Section 240 directs the subordinate to inform the Sub-Divisional Officer to determine Banihars' number in consultation with the Panchayat.
S. 241Section 241 specifies that Banihars hold their posts for a set period unless dismissed by a Sub-Divisional Officer for recorded reasons.
S. 242Section 242 allows irrigation officials to redirect water if a landowner refuses, authorizing them to enter and act as needed.
S. 243Section exempts Irrigation Panchayats from administrative commission fees, using the funds to pay Banihars for irrigation control.
S. 244(i) The remuneration of Banihars shall be determined and paid by the Executive Engineer
S. 245No enquiry into a canal offence shall be made by an
S. 246Section mandates canal subordinates to report discovered offences to their superior within 24 hours.
S. 247Section mandates canal officers to complete and report on investigations within specified timeframes.
S. 248Section prohibits further investigations without Executive Engineer's approval after initial inquiry.
S. 249Section 249 allows canal officers to issue notices for suspected irrigation offenses, which must be acknowledged by the recipient.
S. 250Section mandates officers to document daily proceedings, witness statements, and accused willingness to settle during investigations.
S. 251Section 251 prohibits arbitrary arrests under the Irrigation Act unless the accused is likely to abscond, requiring prompt court or police station appearance.
S. 252Section allows an enquiry officer to fix and levy compensation if the accused consents to compound an offence.
S. 253Section 253 directs the enquiring officer to forward proceedings to the Executive Engineer if unable to compound or if the accused refuses, for further orders.
S. 254On the application of these rules, all rules