Bombay Irrigation Record of Rights Rules, 1918

The Bombay Irrigation Record of Rights Rules, 1918

Published vide Notification No. G.N., R.D., No. 5159, dated 20th April, 1918 (B.G., Part 1)

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In exercise of the powers conferred by section 89 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), the Governor In Council is pleased to make the following rules, namely :-

1. (1) These rules may be called the Bombay Irrigation Record of Rights Rules, 1918.

(2) In these rules, -

(a) "Canal Officer" when mentioned with reference to any matter in the rules, means a Canal Officer duly empowered to act in such matter;

(b) "the Act" means the Bombay Irrigation Act, 1879.

2. Form of the Record.- (a) The Record of Rights prepared under section 76 of the Act shall be in Form 1.

(b) It shall be prepared separately for each village.

(c) A map shall be attached to each Record, and such map shall be either the ordinary printed village map or a map specially prepared for the purpose, which shall exhibit the source of irrigation, the method of catchment or supply, the line of overflow, the lines of distribution, and the character of the outlets, sluices or other means of regulation and distribution.

3. Preparation of a preliminary Record.- Under the instruction of the Canal Officer a preliminary Record and map shall be prepared in the form prescribed in rule 1 according to the information obtained under section 76(1) of the Act and from local inquiry. Each entry shall be verified by the Canal Officer on the land itself after due notice has been given to the parties concerned.
4. Publication and inspection of the preliminary Record.- The preliminary Record and map shall be kept open to inspection in the chavdior other place in the village used as a chavdi for a period of 3 months from the date on which the village officer shall notify by beat of drum in the village that the Record and map are open to such inspection.
5. Objections and appeals.- (a) Any objection to any entry in the preliminary Record shall be made before the expiry of the period prescribed in rule 4 to the village accountant or other officer authorised by the Canal Officer in this behalf.

(b) Such officer shall record the substance of each objection on a separate sheet of paper and append it to the preliminary Record : provided that, where the same objection is made by one person or body of persons in respect of several entries or where several persons jointly make the same objection, the objection may at the discretion of the officer be recorded on one sheet.

(c) The Canal Officer shall make a summary inquiry into all such objections and pass orders upon them. When any competent civil court has adjudicated upon the dispute, the Canal Officer's decision shall follow such adjudication. Otherwise his decision shall follow the present actual enjoyment and possession of the rights claimed.

(d) An appeal will lie from the decision of the Canal Officer to the Assistant or Deputy Collector in charge of the taluka.

(e) The parties shall be informed in writing of the decision passed on an objection or in appeal and the fact of such communication shall be recorded in the proceedings.

6. Preparation and publication of the final Record.- (a) After the objections, if any, have been decided, the preliminary Record and map shall be revised in accordance with the decisions passed on the objections or in appeal and shall be submitted to the sub-divisional officer for approval.

(b) After approval a fair copy of the Record and map shall be prepared as the Record under the Act and shall be published as provided in section 81 of the Act by beat of drum.

(c) The fact of such publication shall be certified on the Record.

7. Custody of the Record.- The Record and map shall be kept in the village records till it is re-written and thereafter shall be recorded in the taluka record room for a period of 30 years.
8. Revision of the Record.- (a) The village accountant shall make an entry in a diary of mutations, to be kept in Form 2, respecting any mistake or change in the particulars contained in the Record or the result of any suit or proceeding referred to in section 83 affecting the Record as soon as such fact comes to his notice.

(b) The Canal Officer shall read out the entry to the parties concerned, and after satisfying himself of the correctness of the entry and inspecting the ground when such inspection is relevant, and disposing of any objection raised by the parties, and after the decision of any appeal that may be made, shall revise and certify the entry in Form 2 in accordance with the final decision.

(c) Certified entries in Form 2 shall be incorporated in the Record by scoring out the original entry so as not to render it illegible and by writing the correction beneath the cancelled particulars. The number of the entry in Form 2 shall be noted against the revised entry.

(d) The revised entry shall be signed by the Canal Officer and shall be published in the manner prescribed in rule 6.

9. Re-writing of the Record.- (a) When in view of the condition of the Record or the number of corrections the Canal Officer is of opinion that the Record should be re-written, he shall certify all entries up to date in Form 2 and incorporate them in Form 1.

(b) A fair copy shall then be prepared, omitting all cancelled entries but including references to the diary of mutations.

(c) This copy, after being compared and certified by the Canal Officer, shall be the Record for the purposes of the Act and rules.

(d) The diary of mutations shall be recorded in the taluka record room and kept for 30 years.

10. Copies of extracts from the Record shall be given by the Village Accountant in accordance with, and at the same fees as are prescribed in the rules for the time being in force for the grant of extracts from the Record of Rights maintained under the Bombay Land Revenue Code, 1879, Copies of the map shall be given by the Canal Officer on payment of the fees prescribed for copies of maps granted under that Code.

Form 1

(See rule 2)

Irrigation Record of Rights

Work

(here enter description of work and any memorable facts, such as source of water supply and manner of distribution, height of water, manner of rotation, procedure regarding disputes, etc.)

(Signature and title of Canal Officer preparing the Record).

Form 2

(See rule 8)

Diary of mutations in the Irrigation Record of Rights