Bombay Canal Rules, 1934

The Bombay Canal Rules, 1934

Published vide Notification No. G. N., P. W. D., No. 2353/27, dated 4th January, 1934 (B. G., Part 1, p. 25)

mh374

LEGISLATIVE HISTORY 6

 

·  Amended by G.N., P.W.D., No. 2353/27, dated 26th February, 1934 ·  Amended by G.N., P.W.D., No. 2353/27, dated 23rd August, 1934 ·  Amended by G.N., P.W.D., No. 2353/26, dated 19th December, 1934 ·  Amended by G.N., P.W.D., No. 2353/27, dated 19th March, 1935 ·  Amended by G.N., P.W.D., No. 9571/27, dated 3rd July, 1936 ·  Amended by G.N.. P.W.D., No. 263/36, dated 13th April, 1938 ·  Amended by G.N., P.W.D., No. 2360/36, dated 22nd June, 1950 ·  Amended by G.N., L.D., No. 11577, dated 14th August, 1950 ·  Amended by G.N., P.W.D., No. 1689/48, dated 18th December, 1950 ·  Amended by G.N., P.W.D., No. BLM-1053, dated 19th March, 1954 ·  Amended by G.N., P.W.D., No. SGF-3854-T, dated 20th August, 1956 ·  Amended by G.N., P.W.D., No. BCL-1058-T, dated 14th October, 1959 (B.G., Part IV-B. p. 1504) ·  Amended by G.N., P.W.D., No. BCL- 1058-T, dated 15th December, 1959 (B.G., Part IV-B, p. 76) ·  Amended by G.N., P.W.D., No. BLM- 1059-T, dated 1st April, 1960 (B.G., Part IV-B, p. 514) ·  Amended by G.N., I. & P.D., No. BCL-1060-I(4), dated 15th December, 1961 (M.G., Part IV-B, 1962, p. 13)

In exercise of the powers conferred by section 70 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879) and in supersession of Government Notification in the Public Works Department No. 1556, dated the 19th December, 1922, the Governor-in-Council is pleased to make the following rules for the administration of canals in the State of Bombay with effect from the 15th February, 1934, namely:-

Part I

Preliminary

1. Short title.- These rules may be called the Bombay Canal Rules, 1934.
2. Definitions.- In these rules unless there be something repugnant in the subject or context,-

(a) "The Act" means the Bombay Irrigation Act, 1879;

(b) "Block" means the whole area of certain specified land to which the block system is applied;

(c) "Block conditions" means the special conditions prescribing, regulating or restricting the irrigated cultivation which may be carried on within a block;

(d) "Block period" means the period for which a supply of water is sanctioned under the block system;

(e) "Block rate" means a fixed uniform annual rate per acre levied for the supply of water to a block;

(f) "Block system" means a system under which a supply of water is provided for carrying on irrigated cultivation under certain conditions throughout a block for a period of years;

(g) "Cold weather season" means the period in the districts of Ahmedabad, Kaira, Broach and Panchmahals and Surat, from the 16th November and elsewhere from the 15th October till the 14th February ensuing;

(h) "Executive Engineer" means the Executive Engineer in charge of irrigation in any area and includes any officer duly empowered in that behalf;

(i) "Form" means a form prescribed by these rules;

(j) "Fruit block" means a block in which the irrigation of long-term fruit trees is permitted;

(k) "Garden block" means a block in which the irrigation, throughout, the year, of crops other than sugarcane, pan or long-term fruit trees is permitted;

(l) "Hot weather crop" means a crop grown within the period between the end of the cold weather season and the break of the monsoon season;

(m) "Hot weather season" means the period from the 15th February till the 14th June ensuing;

(n) "Kharif crop" means a crop grown within the period from the break of the monsoon season to the beginning of the cold weather season;

(o) "Monsoon season" means the period from the 15th June till the 15th November ensuing in the case of the districts of Ahmedabad, Khaira, Broach, [Panchmahals, Surat, Mehsana. Sabarkantha, Banaskantha and Baroda], and till the 14th October ensuing elsewhere;

(p) "Outlet" means an opening through which water passes from a Government canal, branch canal of distributory to a private water course;

(q) "Pass" means a written order issued to any person authorising him to receive a supply of water from a canal;

(r) "Perennial crop" means a crop which is irrigated continuously for a period of more than eight months;

(s) "Plot" means one of two or more portions into which a piece of land is divided for the purpose of irrigation, each of such portions being provided with a separate inlet for irrigation water;

(t) "Prescribed" means prescribed by these rules;

(u) "Rabi Crop" means a crop grown within the period between the 15th September and the end of February next following;

(v) "Seasonal Crop" means a crop which is sown, cultivated and reaped during a particular season of the year;

(w) "Section" means a section of the Act;

(x) "Sub-Divisional Officer" means the Sub-Divisional Officer, in-charge of irrigation in any area, subordinate to the Executive Engineer;

(y) "Sugarcane block" means a block in which the irrigation of sugarcane is permitted;

(z) "Superintending Engineer" means the Superintending Engineer in charge of irrigation in any area;

(aa) "Two season block" means block in which irrigation during the monsoon and the cold weather season is permitted;

(bb) "Two season crop" means a crop the period of growth of which extends over the whole or part of both the monsoon and cold weather seasons;

(cc) "Unit" means one of two or more plots, each of a standard area, into which a piece of land is divided, such sub-division being maintained for a number of years;

(dd) "Unitized" means divided into units.

3. Exemptions.- The State Government may by notification in the Bombay Government Gazetteexempt any canal from the operation of all or any of these rules.

Part II

Supply of Water

4. Application under section 72 : how to be made.- (1) Every application for a supply of water for the purpose of irrigation shall be made in duplicate to the Executive Engineer.

(2) Such application may be delivered personally or sent by post to the Executive Engineer or to any officer authorised by him to receive it.

(3) Such application shall be made, in the case of -

(a) Two season blocks, in Form I; [or where the State Government by Notification in the Official Gazette, so directs in the case of any two seasonal block, in Form I-A included in these rules by Government Notification, Public Works Department, No. BLM-1053, dated 19th March, 1954;]

(b) Sugarcane blocks in Form II or III according as the sugarcane area permitted to be grown in the block is to be limited to ⅓rd or ¼th of the block area;

(c) Fruit blocks, in Form IV;

(d) Garden blocks, in Form V;

(e) Additional waterings, watering in Form VI; and

(f) Any other form of supply, in Form VII.

(4) Printed blank copies of the prescribed forms of applications shall be supplied to intending applicants free of charge.

(5) An application for a supply of water for any purpose other than irrigation shall be made by a letter addressed to the Executive Engineer.

5. Dates for applications.- (1) The Executive Engineer shall, by notification published in a manner prescribed by the State Government by general or special order in this behalf, fix for each canal the date for submission of each of the prescribed applications. Any change in any of such date shall be notified not less than three months in advance :

Provided that, if in any year a change is deemed to be advisable on account of unforeseen seasonal or economic conditions or changes in administrative arrangements, a later date may be fixed without such three months' previous notification.

(2) Every application for a supply of water for the purpose of irrigation shall be made in the form prescribed on or before the date fixed under sub-rule (1) for the submission of such applications :

Provided that, if an application is received after such date and the Executive Engineer is satisfied that the delay was unintentional and due to causes beyond the control of the applicant, he may treat such application as if it had been received on the due date :

Provided further that, if it appears to the Executive Engineer that a supply of water will be available after all applications received before such date have been disposed of, he may receive applications upto any later date.

6. Acknowledgement of applications.- When an application for a supply of water is personally delivered, the counterfoil receipt for applications attached to the duplicate form shall be initialled and dated by the officer receiving such application and handed back to the person from whom such application is received. In other cases, the counterfoil shall be similarly initialled and dated and shall be despatched to the applicant as soon as may be practicable after the application is received.
7. Application by whom to be made : conditions for sanction.- (1) An application for a supply of water for the irrigation of land for any period may be sanctioned in favour of -

(a) the occupant or joint occupants of the land, or

(b) the superior holder or joint superior holders of alienated land, or

(c) any other person or persons having a right to cultivate the land under irrigation for the period for which supply of water is to be given, or

(d) any other person duly authorised by any of the persons mentioned in clauses (a), (b) and (c) to receive such supply.

(2) An application made by a person having neither such interest in the land as is mentioned in clauses (a), (b) and (c) of sub-rule (1) nor such authority as is mentioned in clause (d) of the said sub-rule may be summarily rejected by the Executive Engineer.

(3) An application made by a person other than the occupant or superior holder shall not be sanctioned unless such applicant furnishes suitable security for the payment of water-rates or other charges which may become payable in respect of any obligation arising out of the sanction of such application, by the execution either of a bond in Form VIII with two sureties to be approved by the officer sanctioning the application or of a mortgage bond in Form IX. In the case of a person who is a member of a co-operative society as defined in the Bombay Co-operative Societies Act, 1925 and who has taken a loan from such society under section 24-AA thereof and has made a declaration in respect of his land in the manner required by clause (i) or (ii) of that section, the execution of a mortgage bond, if any, shall be made in Form IX-A.

(4) When an application is made by the occupant or superior holder, the Executive Engineer may, if he considers that security is necessary, require, by an order in writing, such applicant to furnish similar security as is described in sub-rule (3).

(5) When an application is made by a person other than the occupant or superior holder, the Executive Engineer may refuse to sanction such application unless the consent of the occupant or superior holder has been obtained by the applicant. If the consent of any other person having an interest in the land as mortgagee or otherwise appears to the Executive Engineer to be necessary to ensure that all obligations arising out of the sanction of such application will be carried out he may require such consent also to be obtained by the applicant.

8. Applications may be rejected or complied with wholly or in part - Manner of sanction : Approval.- (1) The Executive Engineer may reject the application for a supply of water or sanction the supply applied for wholly or in part or with modifications.

(2) Subject to such orders as the State Government may from time to time issue, the Executive Engineer may refuse to sanction a supply of water for irrigation to any land under any of the forms prescribed in sub-rule (3) of rule 4 if such irrigation would, in his opinion lead to excessive or wasteful use of water, or cause, or contribute to cause, damage or injury to such land or any other land, or cause loss or injury to the cultivator of any other land, or be likely to produce conditions dangerous to public health.

(3) The Executive Engineer may refuse to sanction a supply of water for the cultivation of sugarcane to any land within a distance of [10] feet from the boundary of any road, cart-track, open drain or well, if such supply would, in his opinion interfere with the use of, or cause damage to such road, cart-track, drain or well.

(4) The order passed under sub-rule (1), (2) or (3) shall be recorded on the application; the duplicate form of the application shall be endorsed with a copy of the order and delivered or despatched, as the case may be, to the applicant. If any supply is sanctioned the counterfoil attached to the original application shall be sent to the Talati or Patil of the village in which the land is situated.

(5) If the supply sanctioned is different from that applied for, the applicant may either withdraw his application, in which case the sanction given shall be cancelled or make a further application for a modification of the sanction. Such further application if sanctioned, shall not be deemed to be an application made after the prescribed date.

(6) If an applicant is in arrears of water rates which became due before the date of the application, the application may be summarily rejected or sanction may be given provisionally subject to the condition that such arrears are paid before a specified date prior to the commencement of supply.

(7) Sanction may be given provisionally subject to the conditions that all amounts which have become due on account of water rates before the commencement of supply shall be paid before such commencement of supply and that if such amounts are not paid the sanction shall be liable to cancellation.

(8) If the Executive Engineer has reason to doubt the authenticity of any signature or endorsement, or the truth or accuracy of any of the information furnished in an application, he may postpone the passing of orders until he has made such inquiries as he deems necessary in order to ascertain the facts. In such case, he shall record in writing his reason for postponing the passing of orders.

9. Areas for which permission may be granted.- (a) Separate sanction shall not be given for the supply of water to any land the total area of which is less than 20 gunthas.

(b) Water for irrigation shall not be supplied to any detached piece of land the area of which is less than 20 gunthas.

(c) Water for irrigation shall not be supplied to any separate piece of land unless the area applied for is an exact multiple of 20 gunthas.

(d) In the case of areas irrigated -

(i) under the block system on any canal, and

(ii) for crops other than kharif on -

(A) the Nira Left Bank Canal and Shetphal Tank,

(B) the Nira Right Bank Canal,

(C) the Godavari Canals.

(D) the Pravara Canals,

(E) the Mutha Canals,

(F) the Girna Canal,

water for irrigation shall not be supplied to any land unless it has been unitized into plots each of an area of 20 gunthas :

Provided that, when an application has been made for a supply of water in respect of the applicant's whole holding on a channel and after unitisation a fragment of land is left over, which is too small to form a unit, water may be supplied to such fragment for crops other than sugarcane.

(e) Water shall not be supplied to any piece of land for irrigating more than two sugarcane crops during any period of five irrigation years.

10. Allotment of available supply.- If from any cause, any water supply is insufficient to meet all demands for water from such supply, questions regarding the allotment of the available supply and the quantity and regulation thereof shall, subject to the general or special orders of the State Government, be determined by the Executive Engineer.

Part III

Demarcation and Preparation for Irrigation

11. Construction and maintenance of bunds and demarcation and preparation of land.- (1) In each separate area of land for the irrigation of which sanction have been obtained,-

(i) the portion under irrigation shall, throughout the period of irrigation, be completely surrounded by bunds not less than 1 foot high and of 1 foot top width and shall be formed into suitable plots; and

(ii) each plot shall be completely surrounded by bunds in accordance with the following provisions, namely :-

(a) Round each separate and continuous area on which sugarcane is under cultivation bunds not less than 1½ feet high by 1½ feet top width shall be constructed :

Provided that if, on account of the slope of the land and the total area included within the outer bund, the Executive Engineer directs that the bund at the lower end if the area and on each side for a distance up to 66 feet from the lower bund shall be of two feet top width such direction shall be complied with: Provided further that, for similar reasons the Executive Engineer may allow the bund at the upper end of a sloping field to be of smaller dimensions.

(b) Round each plot in an area on which sugarcane is under cultivation bunds not less than 9 inches high by 1 foot top width shall be constructed :

Provided that, when the Executive Engineer is satisfied that on account the configuration of the land and the manner in which it has been repaired and levelled, bunds of these dimensions are unnecessary, he may permit the construction of bunds of such smaller dimensions as he may consider adequate.

(c) Round each plot in which any other crop, except long term fruit trees (when each tree is separately irrigated) or kharif crop, is under cultivation bunds not less than 6 inches high by 9 inches top width shall be constructed.

(d) All bunds shall have slopes on both sides of 1 : 1.

(e) On any common boundary between two areas irrigated under separate sanctions, two separate bunds need not be maintained.

(f) When any special conditions are prescribed in any sanction given for the irrigation of any land, such land shall be demarcated and prepared in accordance with such prescribed conditions, and the provisions of this sub-rule shall not apply thereto.

(2) The Executive Engineer may withhold the first supply of water to any area in which the provisions of sub-rule (1) are not complied with.

(3) The application of water to land which is not prepared and maintained in accordance with sub-rule (1) shall constitute misuse of water within the meaning of clause (d) of section 28.

Part IV

Cultivation and Use of Water

12. Cultivation and use of water.- The following provisions in respect of cultivation and use of water shall be observed :-

(1) A suitable system of water channels shall be so maintained that the water required for the irrigation of any plot can be supplied directly from a channel.

(2) The number and location of the inlets necessary for the supply of water to any such system shall be subject to the general or special orders of the Executive Engineer.

(3) No irrigation water shall be allowed to pass from one plot to another plot.

(4) The order in which water is supplied shall be subject to the general or special orders of the Executive Engineer.

(5) No crop shall be grown in the channels leading to the plots when such channels are less than 4 feet wide from the top inner edge of the bund and after earthing up there shall be no cane growing in or interfering with the flow of water in the channels.

(6) No crop shall be planted within 6 feet of the edge of a main watercourse. If a question arises as to what is a main water-course, the Executive Engineer shall decide the matter and his decision shall be final and conclusive.

(7) No crop shall be grown on the top of any bund. A subsidiary crop may, however, be grown along the slopes of the bund provided the growth of such subsidiary crop does not interfere with inspection.

(8) (a) Any bund may, immediately after rain, be cut without permission. Such bund shall, however, be properly repaired before the next watering is taken.

(b) Except as provided in clause (a) a bund may be cut only in case of emergency; and if the person on whose application the supply of water is sanctioned under these rules cuts the bund, he shall be liable for any wastage of water unless he shows to the satisfaction of the Executive Engineer that the accumulation of water, if any, was due to causes for which he was not responsible.

(9) The person on whose application the supply of water is sanctioned under these rules or his servant shall be present during the whole time that water is being taken and if a pass has been issued, such person shall have it in his possession.

Part V

Water Rates

13. Water rates when payable.- The dates in each year for payment of water rates shall, subject to orders passed by the State Government under section 57, ordinarily be -

For rabi crops	April 15th
For all other crops	February 14th

14. Water rates how to be fixed.- The rates, determined by the State Government under section 44, for canal water supplied for purposes of irrigation shall, in the absence of a special agreement or contract, ordinarily be levied in the form of -

(a) a rate per acre of land irrigated, fixed with reference to the crops grown, the season of the year during which and the period for which, water is supplied and the method of application of water to the land, or

(b) a rate per unit of quantity of water supplied.

15. Areas on which water rates are leviable.- (1) Water rates shall be levied on an unit of 20 gunthas or on a multiple thereof :

Provided that, when water is supplied to an area which is less than or is not a multiple of 20 gunthas, the rates for the supply of water to the area less than 20 gunthas or to the residue of any area over a multiple of 20 gunthas shall, upto 10 gunthas, be levied as for a supply to an unit of 10 gunthas and, exceeding 10 gunthas, as for a supply to an unit of 20 gunthas.

(2) Water rates shall be payable on the whole area in respect of which sanction to supply has been given whether water is actually taken or not provided always that water for such supply was available.

16. Water rate leviable when mixed crops are grown.- If mixed crops are grown in any part of a plot for any period, the water rate fixed for the highest rated crop so grown shall be charged for the whole plot for the whole period with respect to which such rate is leviable.
17. Water rate leviable when crop sanctioned is not planted or fails and another crop is grown.- When the sanctioned crop is not grown, or if grown fails, another crop may be sown in the same area; and, provided water is available, water shall be given to such second crop to the date upto which water would have been given to the crop sanctioned. No additional charge shall be levied if intimation shall have been given to the Executive Engineer in writing within eight days of planting the fresh crop and if the second crop is assessable at the same or a lower rate than the sanctioned crop. If no such notice shall have been given, the irrigation of the second crop may be treated as unauthorised.
18. Water rate leviable when land intended to be irrigated by canal water is irrigated partly by well water.- If a portion of any land for the irrigation of which a supply of canal water has been sanctioned is irrigated by well water for a part of the season owing to a deficiency in the supply of canal water, and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water, enquiry shall be made by the Executive Engineer as to whether the use of well water was necessary and if it be shown to the satisfaction of the Executive Engineer that the use of well water was necessary the rate chargeable on the portion irrigated by well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall not be less than half the rate otherwise payable.
19. Water rate leviable when well water and canal water are conveyed in the same channel.- If well water is conveyed to any land in any channel used for conveying canal water, water rate shall be chargeable on the whole of the land irrigated from such channel :

Provided that, if well water be taken for a part of the season owing to a deficiency in the supply of canal water and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water and if it be shown to the satisfaction of the Executive Engineer that such deficiency existed, the rate on the portion irrigated by well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall not be less than half the rate otherwise payable.

20. Irrigation from escape channels, percolations and leakages.- Irrigation from escape channels and from percolation and leakage falling under section 48 shall be subject to the same provisions as irrigation from other parts of a canal.
21. Water rate leviable for supply of water for forming threshing floors.- The Executive Engineer may give water for the purpose of forming threshing floors free to any person to whom a supply of water for irrigation has been sanctioned under these rules and to any other person at a charge per floor not exceeding half the lowest acre rate.
22. Water rates for non-irrigational purposes.- Water supplied from a canal for any purpose other than irrigation shall be charged for at such rate per unit of volume of water supplied as the State Government shall from time to time by order direct. Where the amount of water supplied cannot be measured the supply shall be charged for in such manner as the State Government may by order direct in each case.

Occasional Rates

23. Water rate leviable for supply of water obtained without permission or misused.- If a supply of water is obtained by any person from a canal, whether for irrigation or for any other purpose, without the previous permission of the Executive Engineer or is used in any other unauthorised manner for irrigation or otherwise, the Executive Engineer may, on each occasion, charge a rate not exceeding treble the rate chargeable for the supply as if such supply had been sanctioned. Such rate shall be leviable in addition to any penalty which may be imposed under the Act.
24. Water rate leviable on late applications.- When an application for supply of water presented after the prescribed date is sanctioned, the water rate charged for the supply for the first irrigation period shall, when such supply is for the growth of sugarcane, be 25 per cent, more than the ordinary rate and, when such supply is for the growth of any other crop, be 50 per cent, more than the ordinary rate ;

Provided that, the Executive Engineer may, if he is satisfied that an application could not be submitted on or before the prescribed date and after recording his reason in writing, order any lower rate not less than the ordinary rate to be charged in the case of any such applicant or any class of such applicants.

25. Water rate leviable for water used for the irrigation of an area in excess of the sanctioned area.- When sanction has been given to irrigate a specified area and the applicant irrigates an area in excess of such specified area, the Executive Engineer may charge in respect of such excess area a rate not exceeding treble the rate chargeable for the supply as if the supply had been sanctioned for such excess area and may stop the supply of water under clause (d) of section 28 :

Provided that, if the Executive Engineer is satisfied that the excess area was irrigated through a bona fide mistake, no charge shall be made in respect of the following excesses :-

Excess of 1 guntha when water-supply has been sanctioned for an area of 1½ acres or less.

Excess of 2 gunthas when water-supply has been sanctioned for an area of 1½ to 4½ acres-

Excess of 3 gunthas when water-supply has been sanctioned for an area of 4½ to 9 acres.

Excess of 4 gunthas when water-supply has been sanctioned for an area of 9 to 15 acres.

Excess of 5 gunthas when water-supply has been sanctioned for an area of more than 15 acres.

26. Charges to be imposed when water supplied through a watercourse is suffered to run to waste.- When water supplied through a watercourse is suffered to run to waste, the Executive Engineer may, under section 46, charge -

(a) if the water has flowed on any land, a rate not exceeding double the single watering rate for each acre on which water has flowed, and

(b) in any other case a rate not exceeding double the rate chargeable under rule 22, on the volume of water estimated by the Executive Engineer to have been wasted.

Exemptions, Cancellations and Remissions

Exemption of blocks from water rates and cancellation of blocks

27. Exemptions from water rates in respect of blocks.- (1) In the case of lands under the block system if in any particular year, an applicant is unable to irrigate the whole or any part of the block for which water has been sanctioned he may be granted exemption from the water rates payable in respect of the whole or part of the block remaining unirrigated, as the case may be, on his applying for such exemption in Form X before the rates specified below :-

(i)	For the first year of the block period.	Within one month from the date of sanction.
(ii)	For subsequent years of the block period -
(a)	In respect of sugarcane, fruit and garden blocks.	Before 15th November preceding the year beginning from February 15 for which exemption is required.
(b)	In respect of two season blocks.	Before 15th September preceding the cold weather season for which exemption is required :

Provided that, in the case of sugarcane blocks the proportion of sugarcane to other crops is not thereby increased :

[Provided further that, such exemption shall not be granted for more than two times in a sanctioned block period.]

Cancellation of blocks. - (2) A block may be cancelled at the request of the person on whose application the supply is sanctioned -

(a) from the beginning of the first year of the block period if the applicant applies for cancellation within one month from the date of sanction;

(b) during the remaining block period if the applicant gives notice of cancellation in writing before the 5th November preceding the year beginning from February 15 from which the block is not required in respect of sugarcane, fruit and garden blocks and before 15th September in respect of two season blocks ;

Provided that, the Executive Engineer may at any time after giving twelve months' notice cancel any block or any part of a block if in his opinion further continuance of supply of water to it is objectionable.

Subsequent permission after exemption under sub-rule (1). - (3) When exemption from water rate is granted in accordance with sub-rule (1), subsequent permission to irrigate the whole or part of the block area so exempted shall, if water is available be given at 1¼ times the block rate in the case of sugarcane blocks, at 1¼ times the rate prescribed for the cold weather season in the case of two season blocks and at 1¼ times the rates prescribed for the cold weather and hot weather season, in respect of fruit and garden blocks :

Provided that, in the case of sugarcane blocks if an applicant subsequently desires and applies in Form VI before the date fixed under sub-rule (1) of rule 5 to irrigate seasonal or two season crops in the exempted area, permission may be granted at the sanctioned rates.

No further supply to a cancelled block. - (4) When a sugarcane block is cancelled at the request of the person on whose application the supply was sanctioned a further supply of water for the irrigation of sugarcane within the area of the cancelled block shall not be sanctioned within a period of one year from the date of such cancellation.

Exemption from water rates in respect of lands not under block system. - (5) In respect of lands not under the block system no exemption from water rates shall be granted after an application for water in Form VII has been sanctioned for any crop other than perennial crops. Perennial crops may, however, be exempted from payment of water rates provided the applicant gives within one month from the date of sanction a written intimation to the Executive Engineer that water is not required.

28. Remission of water rates.- Remission of the whole or a part of the water rate payable by any person in respect of the supply of water for the purpose of irrigation to any land may be granted where such person has suffered loss -

(a) from any stoppage, diminution or increase of his water supply due to any of the causes named in clause (d) of the proviso to section 31 or to any act or omission of a Canal Officer not provided for in the said clause; or

(b) from failure of his crops due to any local or general calamity :

Provided the out-turn of the crops is not more than one quarter of normal.

29. Claims for remission under rule 28.- (1) Every claim for remission of water rate under rule 28 shall be preferred in writing direct to the Executive Engineer within one month from the time when the damage or failure, in respect of which the remission is claimed, is alleged to have occurred. Any claim preferred after the said period of one month may be summarily rejected.

(2) If, without giving the Executive Engineer at least 8 days' notice in writing of his intention so to do, the claimant cuts the crops alleged to have been damaged or to have failed at any time within 20 days after preferring his claim for remission, his claim may be summarily rejected.

30. Readings maintained of water gauges and meters by the Irrigation Department to be accepted as authoritative.- In cases of dispute regarding water supply or remission or exemption from water rate, the water gauges and meters maintained by the Irrigation Department shall, if certified by the Executive Engineer to have been in good order during the period to which the dispute relates, be held to furnish authoritative data for all calculations of discharge.

Part VI

Emergency Rules

31. List of labourers; when to be prepared.- Whenever it appears to a Canal Officer duly empowered to act under section 58, that circumstances may probably arise which will render it necessary for the provisions of that section to be put into operation, for the execution of any repair, clearance or other work which is being or is about to be carried on by the Irrigation Department, he shall communicate with the Collector. The Collector shall thereupon cause a list to be prepared of able-bodied persons liable to be required to assist under section 58. Such list may from time to time be revised and amended.
32. Area for which list of labourers should be prepared.- Every list of labourers prepared under rule 31 shall, subject to the next following rule, include the names of persons holding land or resident within such distance from the locality, of the repair, clearance or work as the Collector, having regard to the number of persons likely to be required to assist at such repair, clearance or work, shall think proper.
33. Classes of persons to be included in or exempted from list of labourers.- Every list of labourers prepared under rule 31 shall contain the name of every able-bodied landholder holding land within the area fixed by the Collector under the last preceding rule and of every able-bodied man or woman who resides within such area and earns his or her livelihood by manual labour :

Provided that -

(a) the names of Indian soldiers, reservists and military pensioners and of persons who appear to the Collector to be under sixteen years or over fifty years of age shall not be included in such list, and

(b) any landholder who is unaccustomed to manual labour shall be permitted when called to assist at any repair, clearance or work, to furnish as a substitute any able-bodied person whose name is not on the list.

34. Publication of list of labourers.- The Collector shall cause the names of the persons holding land or resident in any village within the area fixed under rule 32 and included in a list of labourers to be posted in the chavdi or in some other public building in such village, and to be proclaimed in the village by beat of drum.
35. Hearing of objections.- Any person whose name is entered in a list of labourers may apply in writing to the Collector to have his name removed therefrom. The Collector, after such inquiry (if any) as he thinks necessary, shall record his decision in writing rejecting or granting the application.

Part VII

Appeals

36. Appeals.- (1) An appeal in accordance with the provisions of sub-rule (2) shall lie against an order -

(a) passed under rule 8, or

(b) requiring an applicant who is an occupant or superior holder to give security under rule 7, or

(c) rejecting a surety tendered under rule 7 as unapproved.

(2) If the original order was passed by -

(a) a Sub-Divisional Officer, the appeal shall lie to the Executive Engineer, or

(b) the Executive Engineer, the appeal shall lie to the Superintending Engineer.

(3) Every order passed by an Executive Engineer under rule 18 or 19 shall be appealable to the Collector, provided that the appeal is presented within 30 days of the date on which the order appealed against was communicated to the appellant.

37. Manner of preferring appeals.- All appeals preferred under the Act or under these rules must be made by a written petition signed by the appellant. Such petition may be delivered at the office of the appellate authority by the appellant in person during office hours or forwarded through post.

Part VIII

Miscellaneous

38. Water rates chargeable under section 48.- Without the special sanction of the State Government water rates under section 48 shall not be charged on the land watered by a well or wells sunk at a distance of more than 100 feet from any canal situated in the Northern, Central and Southern Circles, or on land watered by a well or wells sunk, before 3rd July, 1936 at a distance of more than 100 feet from any canal situated in the Deccan Irrigation Circle :

Provided that, such well or wells is or are fed by natural percolation only and not by a surface channel or a constructed underground channel or pipe.

39. Closing of canal.- No canal shall be closed for the execution of any repairs, alterations or additions thereto, except in case of emergency, without the previous sanction of the Superintending Engineer, or of the Executive Engineer duly empowered in this behalf by the Superintending Engineer. The Superintending Engineer or the Executive Engineer duly empowered shall fix the period or periods for which the supply of water may be stopped on account, of the execution of such repairs, etc. Every intended closure of a canal shall, as far as may be practicable, be notified at least 8 days in advance. In case of emergency the Canal Officer of the highest rank on the spot may close a canal and fix the said period or periods and shall report the matter to the Superintending Engineer.
40. Passing of persons, animals or vehicles in or across canals.- (1) No person shall pass, or cause any animal or vehicle to pass, in or across the bank or channel of any canal at any place except where indicated by a notice erected under the order of the Executive Engineer in a conspicuous place.

(2) In fixing places at which the passing in or across the bank or channel of a canal is permitted under sub-rule (1), the Executive Engineer shall have careful regard to the reasonable convenience of the people residing or holding land in the vicinity who are required to cross the canal or water their animals.

41. Maintenance of water-courses.- For the purpose of sub-section (b) of section 21 "maintenance" of a water-course shall include the construction of -

(a) such masonry or other work as in the opinion of the Executive Engineer is necessary to prevent waste of water or damage to the channel, or

(b) a pipe outlet in masonry or any other type of outlet arrangement approved by the Superintending Engineer for connecting the watercourse to the field channel.

42. Maintenance of Record of Rights and Register of Mutations.- Copies of the Record of Rights and Register of Mutations shall be maintained at each Sectional Office or other convenient centre.

Part IX

43. Notwithstanding anything contained in these rules, every application for the supply of water free of charge for agricultural purposes and not for commercial or industrial purposes including the cultivation of sugarcane by sugar companies from a canal vesting in the Government and on which Government has not incurred any expenditure, shall be made in accordance with the provisions of this Part.
44. (1) Every application under this Part shall be made in duplicate to the Executive Engineer concerned in Form VII-A.

(2) Such application may be delivered personally or sent by post to the Executive Engineer concerned.

(3) Printed copies of the prescribed forms of application shall be supplied to intending applicants free of charge.

45. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions.
46. The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility.
47. Crops irrigated by the water supplied under this Part shall be separated from all crops irrigated by water supplied otherwise under the rules by atleast 50 at all places.
48. The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanctioned for his lands.
49. When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry strip of not less than 15 feet between the outer toes of the inner banks of the channels.
50. When canal water is crossed by lift channels, the crossing shall be of pacca masonry and pipe crossing shall be to the entire satisfaction of the Canal Officer.
51. When water is allowed to be used by means of a pumping plant, the pumping or "Take off" arrangement shall be beyond the radius of 300 feet from the edge of the canal boundary or distributary boundary limit.
52. The area for which the water has been sanctioned by the Executive Engineer shall be marked on a plan which shall be signed by the applicant.
53. No claim for compensation on account of damage to crops due to the failure or deficiency of water shall be entertained.
54. For using water after the expiry of the period of the pass or without obtaining a pass for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water rates leviable, and shall also be liable to the penalties imposed under the provisions of the Bombay Irrigation Act, 1879, and the rules framed thereunder. In such a case, the pass issued to him shall also be cancelled if the period of its validity has not already expired.
55. No other canal water shall be granted to or utilized for the areas brought under cultivation under the pass issued under this Part.
56. Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorised irrigation under the Bombay Irrigation Act, 1879, and rules framed thereunder.
57. No water shall be taken by the applicant before his application has been sanctioned and before a pass has been delivered to him.

Form I

(Original)

Form of Application for water for irrigation in Two-Season Blocks

No. of application

To

The Executive Engineer,

Division.

I............resident of.......... Taluka...........District........ make this application for the supply of water from the canal in the monsoon and cold weather seasons of................ years in succession from 15th June, 20 to 14th February, 20... subject to the provisions of the Bombay Irrigation Act, 1879, and any other law for the time being in force relating to irrigation and subject to the provisions of the Bombay Canal Rules, 1934, and to all the conditions specified on the reverse of this application to which I agree, for the purpose of irrigating the land hereinafter described, namely:-

Name of village	Distribution		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Area applied for
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the............of the land for which water has been applied for above.
3. The name and address of persons to whom and the manner in which the order on this application should be delivered are :-

Date ......20 .........

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants or superior holder or joint superior holders in cases in which the applicant is not the owner.

Forwarded for sanction as follows:-

(1) Total block area to be sanctioned-Acres                      Gunthas

(2) Period of sanction-From..................to..............

(3) Water rates to be charged per acre Rs.

Sub-Divisional Officer, .................Sub-Division

Date .... 20....

Sanctioned.

Date 20....

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants whose applications are not made or counter-signed by owners.)

Names of sureties -

(1) ......................	}	As per Form No. VIII.
(2) ......................
S. No....... of........ given as security as per Form IX.

(Statement in Marathi not printed)

Instructions

1. This form is to be used for application for the supply of water on block-system for the irrigation of crops (other than 'pan', sugarcane and other perennial crops), during the monsoon and cold weather seasons only.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such application. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order on this application is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre. However, when an application has been made for the supply of water in respect of a holding comprising the entire area of a Survey No. or Plot No. and when such application is considered suitable for sanction, sanction will be given in respect of the whole holding.

Conditions

1. Water will be reserved in the monsoon and cold weather seasons for the sanctioned area for the light type of Bhusar crops, or for medium type of crops such as 'Paddy' and 'Khapali' to such limited extent as the Executive Engineer in charge of the Canal, may decide from time to time.

Explanation. - "Light type Bhusar crops" means crops which do not require water in every turn of irrigation.

2. The area sanctioned shall not be exceeded but, if the irrigator wishes to irrigate, in any year, an area in excess of the sanctioned area, he may submit an application for the same in Form VII. Such applications will be given preference over those received from other applicants who are not block-holders.
3. If the person, on whose application the supply is sanctioned, desires to shift the whole or part of his block from the sanctioned plot to another plot, he will be allowed to do provided he applies for such change before 15th April immediately preceding the 15th June from which the change is required.
4. Water rates shall be charged for the monsoon and cold weather seasons for the whole period of the sanction so long as water is made available, whether or not the area is irrigated in the monsoon and cold weather seasons :

Provided that, if in any particular year an applicant is unable to irrigate the whole or part of the block area for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided further that he applies in Form X for such exemption before the dates specified below:-

(a) In the first year of the block period-within one month from the date of the receipt of water-pass, if no water is taken for the block or part of the block;

(b) In any subsequent years of the block period-before 15th May immediately preceding the 15th June of the year for which exemption is required. [Such exemption shall not be granted for more than two times in a sanctioned block period.] When such exemption is granted, subsequent permission to irrigate the block or part of the block exempted will only be given at 1½ rates prescribed for the monsoon and cold weather seasons together and if water is available.

5. The sanction to a block may be cancelled at the request of the block-holder

(a) from the beginning of the first year if he applies for cancellation within one month from the date of the receipt of the water-pass; or

(b) during any subsequent year of the period of sanction if he gives notice of cancellation, in writing, before the 15th May immediately preceding the 15th June of the year during which the supply is not required :

Provided that, the Executive Engineer may, at any time after giving 12 months' notice, cancel the supply of water to any block or part of the block, if, in his opinion, further continuance of the supply of water to it is objectionable.

6. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for definite breach of any rule of the Bombay Canal Rules, 1934, or any of the conditions of this form of application.

Additional condition 7 for Ashti, Pathri, Koregaon and Ekruk Tanks

7. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel though his land, if necessary along a line fixed by the Executive Engineer or his representative for the benefit of irrigators whose fields are situate below his land.

Note. - Condition 1 above does not apply to Ekruk Tank.

(Additional conditions for Ekruk Tank)

8. Water will be reserved in the cold weather season for the sanctioned area for rabi crops subject to the condition that if water is taken for kharif or two-season crops no water shall be guaranteed for rabi crops. The block holder may substitute for each 1½ acres of Kharif or Rabi crops 1 acre of two-season crops.
9. Water is liable to be withheld at any time but full water rates shall be payable for the sanctioned area entered at No. (1) on the form for the cold weather season whether the area is irrigated or not, provided water was available during the period.

(Statement in Marathi & Form No. I-A Not Printed)

Form I-B

Form of application for water for irrigation in Rabi Blocks

No. of application :

To

The Executive Engineer....................... Division.

I, resident of Taluka..............District.......make this application for the supply of water from Canal/Tank in the Rabi Season of .......... years in succession from 15th October, 20.... to 14th February, 20..., subject to the provisions of the Bombay Irrigation Act, 1879, and any other law for the time being in force relating to irrigation and subject to the Bombay Canal Rules, 1934, or to the Canal Rules from time to time being in force, and to all the conditions specified on the reverse of this application to which I agree, for the purpose of irrigating the land hereafter described:-

Name of village	Distributing		Survey No.	Pot No.	Total area of the Survey No. or Pot No.	Total area in possession of the applicant, in the Survey No. or Pot No.	Area applied
	Channel	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the ...........of the land for which water has been applied for above.
3. The name and address of the person and the manner in which the order on the application should be delivered, are :

Date ......... 20...

Signature of the witness.

Signature or left hand thumb impression of the applicant.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in the case in which the applicant is not the owner or the protected tenant under the Bombay Tenancy and Agricultural Lands Act, 1948.

}

............

(Note. - All the above details are to be completed by the applicant.)

	(To be filled in by the Canal Inspector)			(To be filled in by the Sectional Officer)
1.	Information filled in columns 2 and 3 above of the tabular form is/is not correct.		1.	The date of receipt of water application .............
2.	The area applied for above is/is not isolated and can/cannot be irrigated suitably.		2.	The applicant is/is not the owner, the protected tenant, ordinary tenant, the lessee of the land.
3.	There is/is not any possibility of mixing-up of canal and well water.		3.	In case he is lessee the period of the lease from .... to ....
	Date...............	Canal Inspector.	4.	The land is/is not "INAM" and is/is not encumbered.
			5.	The applicant is/is not a defaulter.
			6.	The Survey numbers and the areas given in columns 4 to 7 above of the tabular form is/is not correct.
			7.	Advance water rate paid as per T. R. No. ...... for an area of.... for the period ....
			8.	Recommended for sanction for rejection, for the reasons that...
				Date................	Sectional Officer, ...... Section.

Forwarded for sanction as follows:-

1. Total block-area to be sanctioned A.............. G....................
2. Period of sanction, from time ........... to..........................
3. Water to be charged per Acre, Rs................

Date ........

Sub-Divisional Officer, ......... Sub-Division.

1. Pass No............. dated the ........."Sanctioned"
2. Serial No..........of the sanctioned Form XVIII.

Date ..............

Executive Engineer, ................. Division.

Details of land mortgage security, furnished in the prescribed form Survey No. ......... of an area of ........ Acres .............. Gunthas, of village ........... Taluka............ District ........., given as security in Form IX.

.............. Fold here ..........

Fold here..............................

Slip to be given to the applicant when the application for the "Rabi Block" is rejected

1.	Application No.	...........
2.	Date of receipt of the application	...........
3.	Name of applicant	...........
4.	Canal or Tank	...........
5.	Distributory No.	...........
6.	Outlet No.	...........
7.	Village and Survey No.	...........
8.	Area of Rabi Block, applied	...........
9.	Period of application	...........
10.	Reasons for rejection	...........

Executive Engineer, .......... Division.

........... Fold here ...........

........... Fold here ...........

Acknowledgement Slip to be given to the applicant, for the receipt of the "Rabi Block" application

Canal or Tank .........	Area of RabiBlock,	A	G
Distributory No. and Outlet No....	Period for which applied, from …..........to............
Village...........	Date of receipt of water application...................
Survey No. and Plot No. ............	Remarks ...................
Name of applicant.........
	Designation and dated signature of the Officer, receiving the water application.

1. This form is to be used for application for the supply of water on block-system, for the irrigation of light Rabi Seasonal Crops (vide condition 1, below), during the cold weather season only.
2. The application is to be submitted to the Executive Engineer or to any other officer authorised by him to receive such application; it may be sent by hand, presented personally or sent by post.
3. When the application is sanctioned, a pass will be issued to the applicant. When it is rejected the slip annexed hereto, will be issued, stating reasons for rejection.
4. The applicant must fill in the blanks in items 2 and 3 below the tabular form overleaf.
5. No sanction will ordinarily be given for the irrigation of any land, to any person, other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. Any applicant may be required to execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be requested to obtain the assent of any person having an interest in the land to the grant of sanction to him.
7. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of application.
8. The Executive Engineer will ordinarily sanction areas which are in multiples of half acre. In the cases, where the whole holding of a Survey No. or Plot No. is applied for, and is suitable for sanction of half acre multiple will be insisted upon, and the whole area so applied, will be sanctioned. Area less than one acre will not be sanctioned.

Conditions

1. Such light Rabi seasonal crops only as are shown on September-October rains will get water in these Rabi Blocks Water will be supplied for sowing only in the case of total failure of rains, in a year, till about 10th of October.
2. Normally, only two watering at an interval of about thirty days will be allowed. If in any year, the water-supply will be found to be inadequate, only one watering will be given; and if extra supply be available a third watering may be given.
3. The sanctioned area shall not be exceeded.
4. (1) If a person on whose application the supply is sanctioned, desires to shift the whole or part of the sanctioned block-area from the sanctioned place to another place, this may be allowed except in the first and the last year of the sanctioned period, provided the land is suitable, and he applies for the change before 15th August, preceding the 15th Octoberfrom which he wants such change.

(2) Water shall be reserved for Rabi season, as specified in conditions 1 and 2 above, so long as water is available, whether the sanctioned area is irrigated or not. But if in any year, the applicant is unable to irrigate the whole or part of the block, for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies in Form X for such exemption on or before the 15th August, preceding the 15th October of the year, for which the exemption is required. [Such exemption shall not be granted for more than two times in sanctioned block period.] When such exemption is granted, subsequent permission to irrigate the area, so exempted, will not be granted.

(3) Similarly, if the applicant wishes to cancel his block after it is sanctioned, the block sanction will be cancelled on his written request to that effect to the Executive Engineer, or to any other officer authorised by him in that respect, provided that such request is made, (i) within one month from the receipt of the pass and before taking water, if the cancellation is required in the first year of the sanctioned period of the block; (ii) in subsequent years, before 15th August preceding the 15th October from which the cancellation is required :

Provided further that, the Executive Engineer may at any time, after giving 12 months' notice, cancel any block or any part of a block, if in his opinion, further continuance of supply of water to it is objectionable.

5. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel through his land, if necessary, along a line fixed by the Executive Engineer or his representative, for the benefit of the irrigators whose fields are situated below his land.
6. The block sanction is liable to be cancelled, or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for definite breach of any rule of the Bombay Canal Rules, 1934, or the Canal Rules for the time being in force, or any of the conditions of this form of application.

Form II

(Original)

Form of application for water for Irrigation in One-Third Sugarcane Blocks

No. of application

To

The Executive Engineer,

Division

I, .......... resident of....... Taluka District make this application for the supply of water from the ........... canal for.....years in succession from 15th February, 20... to 14th February, 20... subject to the provisions of the Bombay Irrigation Act, 1879, and of any other law for the time being in force relating to irrigation and subject to the provisions of the Bombay Canal Rules, 1934, and the conditions specified on the reverse of this application to which I agree, for the purpose of irrigating the land hereinafter described, namely :-

Name of village	Distribution		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Total area applied for
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the .......... of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are:-

Date ..... 20....

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the owner.

Forwarded for sanction as follows :-

(1) Block No.

(2) Block/Plots Nos.

(3) Area to be allotted -

Acres                        Gunthas

(4) Period - From ............. to ...............

(5) Water rate per acre to be charged - Rs.

Sub-Divisional Officer, ...................... Sub-Division.

Date ..... 20 ...............

Sanctioned.

Executive Engineer, ........... Division.

Date ...... 20 ....

(Note. - Details of Security Bond to be furnished by non-owner applicants as per Instruction 7.)

Name of sureties -

Name of sureties	(1)	}	In Form VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for applications for the supply of water on the block system for the irrigation of sugarcane in those cases where the area of sugarcane permitted to be grown in the block is limited to one-third of the block area.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants. (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will sanction blocks subject to a minimum of and in multiples of 1½ acres. The different half acre plots forming a block may not be contiguous but must be on the same outlet.

Conditions

1. The area of sugarcane shall not exceed one-third of the total area of the block except as provided below :-

When new sugarcane is to be planted at some time before a standing crop in the same block is cut, permission will given for such planting, although the total area of the standing crop and the newly planted crop exceeds one-third of the block area, on the following conditions and in the following circumstances :-

(1) that water is available after providing all supplies already sanctioned;

(2) that the giving of the additional supply required can be arranged for consistently with necessary arrangements for maintenance, repair and working of the canal;

(3) that if the standing sugarcane crop has been planted between a date which may be notified from time to time and 31st August next following permission shall not be given for the planting of such new sugarcane crop before the break of the monsoon in the following year;

(4) that if the standing cane crop has been planted between 1st September, and a subsequent date which may be notified from time to time permission shall not be given for the planting of such new sugarcane before the standing cane crop is 9 months old;

(5) that the area of new sugarcane shall not exceed the area of standing sugarcane which satisfies conditions (3) and (4);

(6) that application is made on Form VI for the supply of water required in addition to that provided by the original sanction. The charge will be the sugarcane rate for the excess of sugarcane area over one-third and for the period of overlap applied for.

2. No second ratoon of sugarcane shall be allowed. Water shall not be supplied to any piece of land for irrigation more than three sugarcane crops during any period of five irrigation years.
3. To the remaining two-third area of the block, water shall be given for irrigation for about eight months, from 15th June (if water be available) or from the break of the monsoon till the 14th February following. This area shall not be irrigated either from the canals or wells between the 15th February and the 14th June of the following year except as provided below:-

If water is available, sanction shall be given on Form VI to pre-seasonal waterings subject to the following conditions :-

(1) No water shall be supplied before 25th April.

(2) Not more than two-third of the whole block area shall be under irrigation at one time whether with canal or well water :

Provided that, if water is available, sanction shall be given with effect from 25th May to early watering in the remaining one-third of the area of green manure crops only.

4. If sugarcane is not grown on the full one-third area of the total block area, twice the area in units not so utilised may be planted with other crops (excluding long-term fruit trees and pan gardens). If sugarcane or other crops grown in lieu thereof fail, a similar or lower rated crop or a succession of such crops may be planted on the same or any other equal area of the block in lieu thereof.
5. The block rate shall be payable for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. If in any particular year the applicant is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below and that the proportion of sugarcane to other crops is not thereby increased in the area that remains over after the said exemption -

(i)	For the first year of the block period.	Within one month from the date of sanction.
(ii)	For subsequent years of the block period.	Before 15th November preceding the year beginning from February 15th for which exemption is required.

[Such exemption shall not be granted for more than two times in sanctioned block period.]

6. The block may be cancelled at the request of the block-holder -

(a) from the beginning of the first year if he applies for cancellation within one month from the date of sanction; or

(b) during the remaining period of sanction if he gives notice of cancellation in writing before the 15th November preceding the year beginning from February 15th from which the block is not required:

Provided that, the Executive Engineer may at any time after giving twelve months' notice cancel any block or any part of a block if in his opinion further continuance of supply to it is for any reason objectionable.

7. When exemption from water rate is granted in accordance with condition 5 above subsequent permission to irrigate the whole or part of the block area so exempted shall, if water be available, be given only at 1¼ times the block rate, subject to the proviso that if it is desired subsequently to irrigate seasonal or two season crops only in the exempted portion permission may be granted at the sanctioned rates provided that an application in Form VII is received before the date fixed in accordance with rule 5(1) of the Bombay Canal Rules, 1934.
8. When a sugarcane block is cancelled at the request of the irrigator under condition 6 a further supply of water for the irrigation of sugarcane within the area of the cancelled block shall not be sanctioned within a period of one year from the date of such cancellation.
9. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.

(Statement in Marathi Not Printed)

Form III

(Original)

Form of application for water for Irrigation in One-Fourth Sugarcane Blocks

No. of application

To

The Executive Engineer.                              Division.

I, ........ resident of ....... Taluka ........... District ............. make this application for the supply of water from the .............. canal for ............. years in succession from 15th February, 20... to 14th February, 20... subject to the provisions of the Bombay Irrigation Act, 1879, and of any other law for the time being in force relating to irrigation and subject to the provisions of the Bombay Canal Rules, 1934, and the conditions specified on the reverse of this application to which I agree, for the purpose of irrigating the land hereinafter described, namely :-

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Total area applied for
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are :-

Date ...... 20 .

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the owner.

Forwarded for sanction as follows :-

(1) Block No.

(2) Block Plots Nos.

(3) Area to be allotted -

Acres                        Gunthas

(4) Period - From .............. to ...........

(5) Water rate per acre to be charged - Rs.

Sub-Divisional Officer, ........... Sub-Division.

Date............ 20 ...........

Sanctioned.

Date............ 20 ...........

(Note. - Details of Security Bond to be furnished by non-owner applicants as per Instruction 7.)

Name of sureties	(1)	}	In Form VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for applications for the supply of water on the block system or the irrigation of sugarcane in those cases where the area of sugarcane permitted to be grown in the block is limited to one-fourth of the block area.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom this order is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will sanction block subject to a minimum of and in multiples of 1½ acres. The different half acre plots forming a block may not be contiguous but must be on the same outlet.

Conditions

1. The area of sugarcane shall not exceed one-fourth of the total area of the block except as provided below :-

When new sugarcane is to be planted at some time before a standing crop in the same block is cut, permission will be given for such planting, although the total area of the standing crop and the newly planted crop exceeds one-fourth of the block area, on the following conditions and in the following circumstances

(1) that water is available after providing all supplies already sanctioned;

(2) that the giving of the additional supply required can be arranged for consistently with necessary arrangements for maintenance, repair and working of the canal;

(3) that if the standing sugarcane crop has been planted between a date which may be notified from time to time and 31st August next following permission shall not be given for the planting of such new sugarcane crop before the break of the monsoon in the following year;

(4) that if the standing cane crop has been planted between 1st September and a subsequent date which may be notified from time to time permission shall not be given for the planting of such new sugarcane before the standing cane crop is 9 months old;

(5) that the area of new sugarcane shall not exceed the area of standing sugarcane which satisfies conditions (3) and (4);

(6) that application is made on Form VI for the supply of water required in addition to that provided by the original sanction. The charge will be the sugarcane rate for the excess of sugarcane area over one-fourth and for the period of overlap applied for.

2. No second ratoon of sugarcane shall be allowed. Water shall not be supplied to any piece of land for irrigating more than two sugarcane crops during any period of five irrigation years.
3. To the remaining three-fourth area of the block water shall be given for irrigation for about eight months from 15th June (if water be available) or from the break of the monsoon till the 14th February following. This area shall not be irrigated either from the canals or wells between the 15th February and the 14th June of the following year except as provided below:-

If water is available, sanction shall be given in Form VI to pre-seasonal waterings subject to the following conditions :-

(1) No water shall be supplied before 25th April.

(2) Not more than three-fourth of the whole block area shall be under irrigation at one time whether with canal or well water :

Provided that, if water is available, sanction shall be given with effect from 25th May to early watering in the remaining one-fourth of the area of green manure crops only.

4. If sugarcane is not grown on the full one-fourth area of the block, twice the area in units not so utilised may be planted with other crops (excluding long-term fruit trees and pan gardens). If sugarcane or other crops in lieu thereof fail, a similar or lower rated crop or a succession of such crops may be planted on the same or any other equal area of the block in lieu thereof.
5. The block rate shall be payable for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. If in any particular year, the applicant is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below and that the proportion of sugarcane to other crops is not thereby increased in the area that remains over after the said exemption -

(i)	For the first year of the block period.	Within one month from the date of sanction.
(ii)	For subsequent years of the block period.	Before 15th November preceding the year beginning from February 15th for which exemption is required.

6. The block may be cancelled at the request of the block-holder -

(a) from the beginning of the first year if he applies for cancellation within one month from the date of sanction;

(b) during the remaining period of sanction if he gives notice of cancellation in writing before the 15th November preceding the year beginning from February 15th from which the block is not required;

Provided that, the Executive Engineer may at any time after giving twelve months' notice cancel any block or any part of a block if in his opinion further continuance of supply to it is objectionable.

7. When exemption from water rate is granted in accordance with condition 5 subsequent permission to irrigate the whole or part of the block area so exempted shall, if water be available, be given only at 1¼ times the block rate, subject to the proviso that if it is desired subsequently to irrigate seasonal or two season crops only in the exempted portion permission may be granted at the sanctioned rates provided that an application in Form VII is received before the date fixed in accordance with rule 5(1) of the Bombay Canal Rules, 1934.
8. When a sugarcane block is cancelled at the request of the irrigator under condition 6 a further supply of water for the irrigation of sugarcane within the area of the cancelled block shall not be sanctioned within a period of one year from the date of cancellation.
9. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.

(Statement in Marathi Not Printed)

Form IV

(Original)

Form of application for water for Irrigation in Fruit Blocks

No. of application

To

The Executive Engineer, Division.

I......... resident of ........ Taluka ............ District .........., make this application for the supply of water from the ............ canal for ........... years in succession from 15th February, 20.... to 14th February, 20.... subject to the provisions of the Bombay Irrigation Act, 1879, and of any other law for the time being in force relating to irrigation, and of the Bombay Canal Rules, 1934, to which I agree, for the purpose of irrigating the land hereinafter described, namely:-

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Area applied for in the block
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered :-

Date ....... 20...

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the owner.

Forwarded for sanction as follows:-

(1) Fruit Block No.

(2) Block Plots Nos.

(3) Area to be sanctioned-A.       G.

(4) Period of sanction - From ........... to..............

(5) Water rate to be charged per acre - Rs.

Sub-Divisional Officer, .......... Sub-Division.

Date    20 ...

Sanctioned.

Date 20...

Executive Engineer,

Division.

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants as per Instruction 7.)

Name of sureties	(1)	}	As per Form No. VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for the irrigation of trees with normal life of 15 years or more, i.e., excluding plantains, papayas and similar short lived species, in areas in which water can ordinarily be supplied at regular intervals throughout the year.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office or kept at any office to be called for. postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre.
10. Water passes in respect of this form shall not be granted for a period extending beyond twelve years after the 14th February of the year in which the next revision of water rates falls due.

Conditions

1. The water rates shall be payable provided water is available for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. The applicant may, however, terminate the block agreement by giving six months' notice in writing.
2. New trees may without special permission be planted to replace those that have died on the distinct understanding that this shall in no way entitle the applicant to an extension of the period of sanction.
3. If the kind of fruit trees applied for and sanctioned do not thrive and another kind is to be grown, the applicant may, after giving three months' notice in writing to the Executive Engineer, grow in lieu thereof any other kind of fruit trees unless the Executive Engineer has within that time cancelled the pass. Also if for any reason the pass for fruit trees cannot be utilised for fruit trees for any period the applicant may, after giving a week's notice in writing to the Executive Engineer, grow in lieu thereof any other short lived perennials or season crops.
4. If in any particular year the person on whose application the supply is sanctioned is unable to irrigate the whole or a part of the block for which water has been sanctioned he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below:-

(i)	For the first year of the block period.	Within one month from the date of sanction.
(ii)	For subsequent years of the block period.	Before 15th November preceding the year beginning from February 15th for which exemption is required.

[Such exemption shall not be granted for more than two times in sanctioned block period.]

5. When exemption from water rate has been sanctioned in accordance with condition 4, subsequent permission to irrigate the area so exempted in the cold and hot weather seasons shall, if water be available be given only at 1¼ times the rate prescribed for the respective seasons.
6. A block may be cancelled at the request of the block-holder -

(a) from the beginning of the first year if he applies for cancellation within one month from the date of sanction;

(b) during the remaining period of sanction if he gives notice of cancellation in writing before the 15th November preceding the year beginning from February 15th from which the block is not required :

Provided that, the Executive Engineer may at any time after giving twelve months' notice cancel any block or any part of a block if in his opinion further continuance of supply to it is objectionable.

7. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.

(Statement in Marathi Not Printed)

Form V

(Original)

Form of application for water for Irrigation in Garden Blocks

No. of application

To

The Executive Engineer,

Division.

I, ...... resident of ......... Taluka .............., District .................., make this application for the supply of water from the ........... canal for ............. years in succession from 15th February, 20.... to 14th February, 20... subject to the provisions of the Bombay Irrigation Act, 1879, and of any other law for the time being in force relating to irrigation, and of the Bombay Canal Rules, 1934, to which I agree, for the purpose of irrigating the land hereinafter described, namely:-

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Area applied for in the block
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
					A. g.	A. g.	A. g.

2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are:-

Date ...... 20 ........

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders in cases in which the applicant is not the owner.

Forwarded for sanction as follows

(1) Garden Block No.

(2) Block Plots Nos.

(3) Area to be sanctioned-A.    G.

(4) Period of sanction From ............. to..............

(5) Water rates to be charged per acre - Rs.

Date 20... Sanctioned.

Sub-Divisional Officer,

Sub-Division.

 

Date 20...

Executive Engineer,

Division.

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants as per Instruction 7.)

Name of sureties	(1)	}	As per Form No. VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for the irrigation of perennial crops other than sugarcane, pan or long term fruit trees in areas in which water can ordinarily be supplied at regular intervals throughout the year.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants. (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre.
10. Water passes in respect of this form shall not be granted for a period extending beyond the period of the sugarcane block sanctioned on the canal concerned at the time of sanctioning this form. If the sanctioned period of the sugarcane blocks at the time exceeds three years this form shall not be sanctioned for a period less than three years.

Conditions

1. The water rates shall be payable provided water is available for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block.
2. If for any reason the person on whose application the supply is sanctioned is unable to cultivate perennial crops in the sanctioned block or a part thereof for any period he may grow in lieu thereof any seasonal crops or a succession of such crops.
3. If in any particular year the person on whose application the supply is sanctioned is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates, payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the date specified below :-

(i)	For the first year of the block period.	Within one month from the date of sanction.
(ii)	For subsequent years of the block period.	Before 15th November preceding the year beginning from February 15th for which exemption is required.

[Such exemption shall not be granted for more than two times in sanctioned block period.]

4. When exemption from water rates has been sanctioned in accordance with condition 3 above subsequent permission to irrigate the area so exempted in the cold and hot weather seasons shall, if water be available, be given only at 1¼ times the rate prescribed for the respective seasons.
5. A block may be cancelled at the request of the block-holder -

(a) from the beginning of the first year if he applies for cancellation within one month from the date of sanction;

(b) during the remaining period of sanction if he gives notice of cancellation in writing before the 15th November preceding the year beginning from February 15th from which the block is not required:

Provided that, the Executive Engineer may at any time after giving twelve months' notice cancel any block or any part of a block if in his opinion further continuance of supply to it is objectionable.

6. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.

(Statement in Marathi Not Printed)

Form V-A

(Marathi Not Printed)

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Total area applied for water for water supply	Period
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

(Marathi Not Printed)

Form VI

(Original)

Form of application for water for additional waterings

No. of application

To,

The Executive Engineer,

Division.

I, ......... resident of ........ Taluka ............., District................ make this application for the supply of water from the ............... canal for the purpose of irrigating the undermentioned land hereinafter described subject to the provisions of the Bombay Irrigation Act, 1879 and any other law for the time being in force relating to irrigation and all the provisions of the Bombay Canal Rules, 1934 and subject to the conditions specified on the reverse of this application to which I agree.

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Total area applied for	Name of crop	Period for which water is required
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
					A. g.	A. g.	A. g.

2. I am the of the land for which water has been applied for above.

3. I hold a

second pass for the season of 20................... Block pass for the year ending 14th February, 20 ...........

I have submitted herewith a block application for the years.

4. The name and address of the person to whom and the manner in which the order on this application should be delivered are:-

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the occupant or superior holder.

Forwarded for sanction as follows :-

(1) Area to be sanctioned-A.    g.

(2) Period of sanction - From ............. to.............

(3) Water rate to be charged per acre - Rs.

Date 20... Sanctioned.

Sub-Divisional Officer, ......Sub-Division.

Date 20...

Executive Engineer............Division.

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants as per Instruction 6.)

Name of sureties	(1)	}	As per Form No. VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for additional waterings only, i.e., for waterings required for areas already sanctioned under any one of the other forms of applications laid down under rule 4(3) of the Bombay Canal Rules, 1934, for short period not covered by the respective sanctions.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with Executive Engineer's final order.
4. The applicant should note in the space provided under Entry No. 4 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction on this form will be given for the irrigation of any land for the irrigation of which a seasonal, a perennial or a block pass has not already been Issued or a seasonal, perennial or a block application is not submitted along with this form. At No. 3 on the form the applicant must state the number and kind of pass he holds.
6. Any applicant must be required to furnish a Bond in Form VIII executed by suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
7. The Executive Engineer will ordinarily sanction areas which are multiples of half acre.

Conditions

1. After an application has been sanctioned, full water rates shall be payable for the area and period sanctioned by the Executive Engineer whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engineer within one month from the date of sanction to the application that water is not required.
2. The sanctioned area shall not be exceeded.
3. The sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rules of the Bombay Canal Rules, 1934, or of condition 2.

(Statement of Marathi Not Printed)

Form VII

(Original)

Ordinary application for water for irrigation

No. of application

To

The Executive Engineer, Division.

I, ......... resident of ........ Taluka.............. District .......... make this application for the supply of water from the canal for the purpose of irrigating the undermentioned land hereinafter described subject to the provisions of the Bombay Irrigation Act, 1879, and any other law for the time being in force relating to irrigation and all the provisions of the Bombay Canal Rules, 1934, and subject to the conditions specified on the reverse of this application to which I agree:-

Name of village	Distributing		Survey No.	Pot No.	Total area of Survey No. or Pot No.	Total area of the holding in Survey No. or Pot No.	Total area applied for	Name of crop	Period for which water is required
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
					A. g.	A. g.	A. g.

2. 1 am the..........of the land for which water has been applied for above.
3. I have paid all arrears of water rates up to and including the........... season of 20... I am in arrears of water rates for the ....... only.
4. The name and address of person to whom and the manner in which the order on this application should be delivered are

Date ..... 20...

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the occupant or superior holder.

Forwarded for sanction as follows:-

(1) Area to be sanctioned

(2) Period of sanction From .......... to..........

(3) Water rate to be charged per acre Rs.

Date.......... 20 ............. Sub-Divisional Officer.................Sub-Division.

Sanctioned.

Date ......... 20...

Executive Engineer..........................................Division.

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants as per Instruction 7.)

Name of sureties	(1)	}	As per Form No. VIII.
	(2)
S. No....... of........ given as security as per Form IX.

(Statement in Marathi Not Printed)

Instructions

1. This form is to be used for such Irrigation only for which no other special form has been prescribed in rule 4(3) of the Bombay Canal Rules. 1934.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with Executive Engineer's final order.
4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
5. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in.the land. He must also state at No. 3 on the form the season upto and including which he has paid arrears of water rates. If he owes any water rates he must state the seasons or years for which he does so.
6. The applicant should note in the space provided at No. 4 on the form the name and address of the person to whom the order on this form is to be given and whether it should be sent by post, or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. Executive Engineer will ordinarily sanction areas which are multiples of half an acre.

Conditions

1. After an application has been sanctioned, full water rates shall be payable for the area and period sanctioned by the Executive Engineer whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engineer within one month from the date of sanction to the application that water is not required.
2. Each type of crop (namely, sugarcane, pan, ordinary perennial, two season and seasonal) shall be grown only to the extent of the sanction shown on the pass, but an equal area of any lower rated type may be substituted.
3. The area sanctioned shall not be exceeded.
4. The sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rule of the Bombay Canal Rules, 1934, or of any of the conditions of this form of application.

Additional conditions 5, 6 and 7 for Irrigation Works mentioned in the Schedule given below them.

5. Water shall be given for the whole season, if available, or at the discretion of the Executive Engineer, for as many waterings as may be possible.
6. Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the season for which application is made shall be given at the earliest date possible.
7. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel through his land, if necessary along a line fixed by the Executive Engineer or his representative, for the benefit of irrigators whose fields are situated below his land.

Schedule

Names of Tanks or Canals

Bhatodi Tank.	Parsul Tank.
Ashti Tank.	Girna Left Bank Canal.
Koregaon Tank.	Hathmati and Khari Cut Canals.
Pathri Tank.	Wangroli Tank.
Jamda Canals.	Savli Tank.
Hartala Tank.	Sait Tank.
Mhaswa Tank.	Tranza Nagramma Tank.
Lower Panjhri River Works.	Futelao Tank.
Shahada Channel.
Maini Tank Canal.
Kasurdi Tank.
Bhadalwadi Tank.
Matoba Tank.
Kadwa River Works.
Krishna Canal.
Rewari Canal.
Upper Man River Works.
Yalra River Irrigation Works.
Chikhli Canal.
Mhaswad Tank.
Muchkundi Tank.
Shirsuphal Tank.
Non-perennial section of the Mutha Canals.	Muvalia Tank.
Non-perennial section of the Godavari Canals.	[Timba Tank.]
Non-perennial sections of the Pravara Canals.	Goblaj Tank.
Non-perennial sections of the Nira Right Bank Canal.	Galki Tank.

Condition 7 above and 8 below apply to Ekruk Tank in addition to conditions 1 to 4.

8. Water for any area of sugarcane sanctioned is subject to the condition that water is liable to be withheld from new sugarcane area after 31st May, if necessary. Each consecutive watering after 31st May, shall require the sanction of the Executive Engineer. Such sanction shall be accorded if water is available in the tank for agricultural purposes but if it is insufficient at any time of the season all further waterings may be stopped and the irrigator shall not in that case claim compensation for any damage to the sugarcane crop due to shortage of water.

(Statement in Marathi Not Printed)

Form VII-A

(Original)

Application for supply of water free of charge for irrigation from Nallas, Rivers, Streams etc., vesting in the Public Works Department on which Government has not incurred any expenditure

No. of application :

To

The Executive Engineer, Division

I........ resident of ........ Taluka District............ make this application for the purpose of irrigating the undermentioned land hereinafter described subject to the provisions of the Bombay Irrigation Act, 1879, and Government orders issued thereunder from time to time for the supply of water from

........... River ........... Nalla .............. Bhudki ........... Drain .............Tank

and subject to the conditions specified on the reverse of this application to which 1 agree. 1 attach a plan herewith showing the land proposed to be irrigated by me.

2. I am the........... of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are :

Date......... Month............Year.............

Signature or left hand thumb impression of the applicant.

Signature of the witness.

Signature or left hand thumb impression of the occupant or joint occupants, or superior holder or joint superior holders, in cases in which the applicant is not the occupant or superior holder.

Forwarded for sanction as follows :-

(1) Area to be sanctioned       Acres       Gunthas

(2) Name of sanctioned crop

(3) Period of sanction        From............................To............

Date............Month..................Year..............Sub-Divisional Officer,

............. Sub-Dn. Sanctioned. Executive Engineer, ............ Dn.

Date     Month     Year

(Note. - Details of security bond to be invariably furnished by non-owner applicants as per details below.)

Name of sureties	(1)	}	Given as security as per Form No. IX.
	(2)
Survey No. ........... of........

Instructions

1. This form is to be used for the permission to supply water from Rivers, Nallas, Streams, Bhudkies, Drains, Tanks vesting in the Public Works Department on which no expenditure has been incurred by Government.
2. This application shall be submitted in duplicate to the Executive Engineer or any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. This application shall be tendered three months in advance for the season in which the supply of water is required by the applicant.
4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
5. The applicant should submit a plan of the land in the Survey No. or Survey Nos. concerned along with the application.
6. The applicant must state in paragraph 2 in the form of application the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land. He must also state in paragraph 3 in the said form the name of person and his address on which the sanction is to be communicated.
7. On completion of the application and after due enquiry into the application, the Executive Engineer having regard to the existing riparian rights of the cultivators on the source of water may either sanction it fully or partly or reject it. In case the application is sanctioned a pass for the use of water shall be issued to the applicant. Such pass shall be valid only for the period specified in it. In case the application is rejected, the duplicate copy of the application shall be returned to the applicant after stating reasons for rejection.
8. Sanction shall be refused for the supply of water for growing crops where there is a danger of canal water being taken surreptitiously.

Conditions

1. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions.
2. The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility.
3. Crops irrigated by the water supplied under Part IX of the Bombay Canal Rules, 1934, shall be separated from all crops irrigated by water supplied otherwise under the Act by at least 50 at all places.
4. The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanctioned for his lands.
5. When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry strip of not less than 15 feet between the outer toes of the inner banks of the channels.
6. When canal water is crossed by lift channels, the crossing shall be of pacca masonry and pipe crossing which shall be to the entire satisfaction of the Canal Officer.
7. When water is allowed to be used by means of a pumping plant, the pumping or 'Take off' arrangement shall be beyond the radius of 300 feet from the edge of the canal boundary or distributary boundary limit.
8. The area for which the water has been sanctioned by the Executive Engineer shall be marked on a plan which shall be signed by the applicant.
9. No claim for compensation on account of damage to crops due to the failure or deficiency of water shall be entertained.
10. For using water after the expiry of the period of the pass or without obtaining a pass for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water rates leviable, and shall also be liable to the penalties imposed under the provisions of the Bombay Irrigation Act, 1879, and the rules framed thereunder.
11. No canal water shall be granted to or utilised for the areas brought under cultivation under the pass.
12. Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorised irrigation under the Bombay Irrigation Act, 1879 and the rules framed thereunder.
13. No water shall be taken by the applicant before his application has been sanctioned and before a pass has been delivered to him.

(Statement in Marathi is not printed)

Form VIII

Form of Security Bond

Whereas I................... resident of...... Taluka ...... District has applied for a supply of water to irrigate the land hereinbelow described, namely:-

Village	Taluka	Survey No.	Pot No.	Area of field to be irrigated	Name of crop of block	Period of irrigation
(1)	(2)	(3)	(4)	(5)	(6)	(7)
				A. g.

and whereas he has been required to furnish security for the payment of water rates and other charges

We ...... resident of.....Taluka.......... District.....and resident of ............. Taluka ............ District ................., do hereby declare ourselves sureties for the abovementioned ............ that he shall duly pay at the prescribed time or times every rate, charge, penalty or other sum whatsoever that shall become due from him in respect of the supply of water granted to him in pursuance of his said application; and in case of his making default therein we, each of us, for himself, his heirs, executors and administrators agree to pay to the Governor of Bombay such sum not exceeding in the aggregate rupees .......... as shall be demanded of us, or of either of us, or of any heir, executor, or administrator of either of us, on account of any such rate, charge, penalty or other sum aforesaid;

and we do further agree that the amount of any such rate, charge, penalty or other sum aforesaid may, if necessary, be recovered from either of us or from any heir, executor or administrator of either of us, as if the same were an arrear of land revenue due from us, or either of us, to Government.

Dated and signed this ........ day of..... 20

In the presence of (1) and (2)

(Signature of surety)

1	(Signature of witness.)
2	(Signature of witness.)

(Signature of Surety)

Form IX

Whereas I...........resident of.....Taluka...................District have applied for a supply of water from the ........... canal to irrigate the land hereinbelow described, namely:-

Village	Taluka	Survey No.	Pot No.	Area of field to be irrigated	Name of crop of block	Period of irrigation
(1)	(2)	(3)	(4)	(5)	(6)	(7)
				A. g.

and whereas I have been required to furnish security for the payment of water rates and other charges in respect of the water supply.

I do hereby mortgage to the Government of Bombay the land hereinbelow described to which I am absolutely entitled free of any encumbrance and of which 1 am the rightful owner.

District	Taluka	Village	Survey No.	Pot No.	Area of holding in the Survey No.	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)
					A. g.

and I also hereby agree for myself, my heirs, executors and administrators that in the event of my failure, to pay any part of the said water rate and other charges at the appointed time and place the Government of Bombay shall be at liberty to cause the said land to be sold and sale proceed to be applied in payment of the whole amount that may be outstanding from me at the time of sale in respect of the said supply of water.

And I further agree that it shall be lawful for the Government of Bombay to cause the said land to be sold without the intervention of the Court under Section 69 of the Transfer of Property Act, 1882, in case the said water rate and other charges or any part thereof have not been paid by me within 3 months from the date on which a written notice is served on me after the later rate and other charges have become due.

Dated and signed this ........ day of .............. 20

(Signature)

in the presence of (1 Name) .................... and (2 Name)

(Signature of witness.) (1)

(Signature of witness.) (2)

Form IX-A

Whereas I, ....... resident of Taluka District have applied for a supply of water from the ........... canal to irrigate the land hereinbelow described, namely:-

Village	Taluka	Survey No.	Pot No.	Area of field to be irrigated	Name of crop of block	Period of irrigation
(1)	(2)	(3)	(4)	(5)	(6)	(7)
				A. g.

and whereas I have been required to furnish security for the payment of water rates and other charges in respect of the water supply.

Now, therefore, I do hereby mortgage to the Governor of Bombay the land hereinbelow described (hereinafter called the said land) to which I am absolutely entitled and of which I am the rightful owner:-

District	Taluka	Village	Survey No.	Pot No.	Area of holding in the Survey No.	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)
					A. g.

I do hereby declare that I am a member of .................. Society which is a resource society within the meaning of section 24AA of the Bombay Cooperative Societies Act, 1925 (Bombay VII of 1925), and I have taken a loan of Rs from the said Society and by a declaration made by me under clause (i)/(ii) of that section I have created a charge on the said land for the payment of the said amount of loan and for all future advances which the said Society may make to me determine by the Society together with interest on such ............ as such member subject to the maximum amount of Rs. ................... as determined by the Society together with interest on such amount of the loan and advances. I hereby agree for myself, my heirs, executors and administrators that in the event of my failure, to pay any part of the said water rate and other charges at the appointed time and place the Government of Bombay shall be at liberty to cause the said land to be sold and the sale proceeds to be applied in payment of the whole amount that may be outstanding from me at the time of sale in respect of the said supply of water.

And I further agree that it shall be lawful for the Governor of Bombay to cause the said land to be sold without the intervention of the Court under section 69 of the Transfer of Property Act, 1882, in case the said water rate and other charges or any part of them have not been paid by me within three months from the date on which a written notice is served on me after the water rate and other charges have become due.

Dated and signed this ........ day of..... 19.............

(Signature)

in the presence of -

(1) (Name)

and

(2) (Name)

(Signature of witness)-

(1)

(Signature of witness)-

(2)

Form X

Application for exemption from water rates for block

To

The Executive Engineer,

Division.

I resident of....................Taluka.......in the....... District, make this application for stopping my supply of water from the canal and exemption of water rates in respect of the block described below :-

Name of village	Distributing		Survey No.	Pot No.	Block No.	Plot No.	Reference to the No. of sanctioned block application	Area of sanctioned block	Area for which exemption is required	The year for which and brief reasons why exemption is required
	Channel No.	Outlet no.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
								A. g.	A. g.

2. Name and address of the person to whom and the manner in which the order on this application should be delivered are:-

Date ................... 19....................

Signature or left hand thumb impression of the applicant.

Signature of the witness

Forwarded for sanction as follows

(1) Area to be exempted - A.     G.

(2) Period - From     To

Dated...... 20.......... Sanctioned.

Sub-Divisional Officer,

Sub-Division.

 

Dated...... 20..........

Executive Engineer,

Division.

(Note. - Details of Security Bond to be invariably furnished by non-owner applicants as per Instruction 7.)

(Statement in Marathi not printed)

Instructions

1. This form is to be used whenever necessary for applying for stoppage of supply of water to the whole or part of a sanctioned block and exemption from water rates in respect of same.
2. The application need not be submitted in duplicate. The application should be submitted to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When an order is passed counterfoil A of the form will be sent to the applicant with the order recorded on it.
4. The applicant should note in the space provided at No. 2 on the form the name and address of the person to whom the said order is to be given and whether the other should be sent by post, or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. This application must be submitted before the dates specified below:-

(i) For the first year of the block period - Within one month from the date of sanction.

(ii) For subsequent years of the block period -

(a) In respect of sugarcane, fruit and garden blocks - Before 15th November preceding the year beginning from February 15th for which exemption is required.

(b) In respect of two season blocks - Before 15th September preceding the cold weather season for which exemption is required.

6. When exemption from water rate is granted subsequent permission to irrigate the whole or part of the block area so exempted shall, if water is available, be given only at 1½ times the block gate in the case of sugarcane blocks, 1¼ times the rate prescribed for the cold weather season in the case of two season blocks, and 1¼ times the rates prescribed for the cold weather and hot weather seasons in respect of fruit and garden blocks. Subsequent irrigation of seasonal or two season crops in the exempted area of sugarcane blocks only will however be permitted-at the sanctioned rates provided that an application Form VIII is submitted before the dates fixed in accordance with Canal rule 5(1) of the Bombay Canal Rules, 1934.
7. N., P. W. D., No. 263/36, dated 18th November, 1936 (B. G., Part I, p. 2510).- In exercise of the powers conferred by rule 3 of the Bombay Canal Rules, 1934, published in Government Notification in the Public Works Department, No. 2353/27, dated the 4th January, 1934, the Governor in Council is pleased to exempt permanently the irrigation works mentioned in the Schedule hereto appended from the operation of rules 9, 11 and 12 of the said rules

Schedule

1. Hathmati and Khari Cut Canals
2. Wangroli Tank
3. Savli Tank
4. Saiat Tank
5. Tranza Nagrama Tanks
6. Futelao Tank
7. Goblaj Tank
8. Galki Tank
9. Timba Tank
10. Muvalia Tank

Amended by G. N., P. W. D., No. WST. 3555-T, dated 7th February, 1956.

Amended by G. N., I. & P. D., No. WST. 3558/31489-P.H., dated 31st January, 1964 (M. G., Part IV-B, p. 97).

Amended by G. N., I. & P. D., No. WST. 3571/57218-P. H. (1), dated 13th August, 1971 (M. G., Part IV-B, p. 1135).

1. N., P. W. D., No. WST. 3554-I, dated 11th March, 1954 (B. G., Part IV-B, p. 310).- In exercise of the powers conferred by section 70 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), the Government of Bombay is pleased to prescribe the following rules for regulating the supply water from the Government Water Works at Kolhapur, namely:-

Rules for the supply of water from the Bombay Government's Water Works at Kolhapur

1. The Executive Engineer, Southern Public Health Works Division, Kolhapur (hereinafter referred to as the "Executive Engineer"), is responsible for all matters connected with the water supply to Kolhapur and to certain outside area supplied from the Government Water Works.
2. All water supplied shall be charged for according to the amount consumed, as registered by a meter, except -

(a) in cases covered by rule 11, or

(b) in cases provided for by the special orders of Government.

3. (1) Applications for attachments and detachments to the water mains shall be made to the Executive Engineer in the forms prescribed by him.

(2) Where the application is made by the owner of the property, it may, except where the sanction of a higher authority is required by any rule or order, be granted by the Executive Engineer on the applicant's signing an agreement promising to pay for the water supply at the rates sanctioned by Government from time to time and to observe the rules for the time being in force relating to the supply of water.

(3) Where the application is made by a person other than the owner of the property, it may, subject to the conditions of sub-rule (2), be sanctioned at the discretion of the Executive Engineer, provided that three month's water rates as estimated by him in accordance with rule 7, 8 or 11, as the case may be are paid in advance as a deposit. The usually water rates in this case shall be paid by the applicant on the prescribed dates under the rules and, if not paid, may be recovered from the deposit. The balance of the deposit, if any, shall be returned only after the attachment is closed and all arrears of water rates are paid.

4. (1) Attachments to the water mains will always be made by the Sectional Officer, according to specifications which may be laid down from time to time.

(2) The following fees shall be paid in advance before any such attachment is made:-

Diameter of attachment			Fee
			Rs.
⅜ “	...	...	4
½ “	...	...	5
¾ “	...	...	6
1“	...	...	8
1 ½ “	...	...	14

Connection for 2' diameter and above shall be charged as per estimate on application.

(3) In case the attachment is cut off for non-payment of fees or for any other cause, the following penalty shall be paid in advance before the water supply is re-opened:-

Diameter of attachment			Penalty
			Rs.
⅜ “	...	...	2
½ or ¾ “	...	...	3
1“	...	...	4
1 ½ “	...	...	5

(4) [Except ⅜ or ½ diameter attachment, no other attachment] to the water mains shall be made [* * *]unless in addition to the fee specified in sub-rule (2) a charge at the following rates to cover the capital cost of the mains is paid, namely:-

Diameter of attachment			Premium
			Rs.
[* * *]	...	...	[* * *]
[* * *]	...	...	[* * *]
¾ “	...	...	200
1 “	...	...	400
1 ½ “	...	...	900
2 “	...	...	1,600
2 ½ “	...	...	2,500
3 “	...	...	3,600

No attachment larger than 3" diameter shall be allowed.

(5) All service pipes from the connection on a Government water main to the premises of house or bungalow must be laid by the owners of the properties according to the specifications of the Executive Engineer through the agency of licensed plumbers.

(6) All cocks and taps attached to service pipes in houses or bungalows shall be of the screw down pattern and not of the plug pattern.

5. When an application for closing a water connection is made, the applicant may, at his option, pay in advance, a fee at half the rates fixed under sub-rule (3) of rule 4 for re-opening the connection subsequently. The amount will cover the cost of closing and re-opening the water supply.
6. In case an owner provides a stop-cock on the service pipe at reasonable distance from a Government water main behind the meter no detachment fee shall be charged in case any repairs to the service pipe system are required to be carried out but an intimation to the Executive Engineer should invariably be given before any such repairs are carried out.
7. Water supplied and sold by meter shall be charged at the rate of [Re. 00.75 per 1.000 gallons or Rs. 1.65 per 10,000 litres for domestic use and Rs. 1.50 per 1,000 gallons or Rs. 3.35 per 10,000 litres for nondomestic use]or at such revised rates as shall be determined by Government from time to time.

The total monthly charge under this rule shall be in addition to the rent charged for the meter and shall be subject to the following minima :

Diameter of attachment			Charges per mensem
			[For domestic	For non-domestic
⅜ “	...	...	1.90	3.75
½ “	...	...	3.00	6.00
¼ “	...	...	9.00	18.00
1 “ and above	...	...	13.50	27.00]

8. Meters shall be provided and fixed at the expense of Government all be charged as follows :-

Diameter of attachment			Monthly rent for a meter
			Rs.	a.	p.
⅜ “	...	...	0	8	0
½ “	...	...	0	8	0
¾ “	...	...	0	12	0
1 “	...	...	1	0	0
1 ½ “	...	...	1	8	0
2 “	...	...	2	0	0
2 ½ “	...	...	2	8	0
3 “	...	...	3	0	0
4 “ and above	...	...	4	0	0

9. The meter shall wherever practicable be fixed close to the premises of a house or within a bungalow compound or at the site shown by the owner, his agent or any responsible person, at whose instance water is supplied and the owner of the premises shall be liable for any damage to the meter and for the cost of all repairs except those due to fair wear and tear. The owner keep the meter box in a clean condition and if he fails to do so any expense incurred in cleaning it to enable the reading to be taken shall be separately billed for and recovered from him.
10. If, on examination, any meter is found to be out of order and consequently not registering correctly, the consumption during the period since the last reading till the meter is repaid or a proper meter is attached shall be calculated at the average daily consumption of the last registered period or of the same period of the previous year, or any period during which, in the opinion of the Executive Engineer the consumption was most likely to be similar.
11. (1)(i) In special cases of certain houses without gardens, where meters are not fixed, water shall be charged for according to the diameter of the attachment to the water main as follows :-

For one ⅜ " diameter attachment or tap and for each additional tap	Rs. 1 per mensem.
For one ½ " diameter attachment or tap and for each additional tap	Rs. 1-8-0 per mensem.

(ii) The above rate shall be paid for the draw off from one point only i.e., from one stand-post, one tap or any other method of draw off from the private pipe attached to the Government water main. The rate for each pipe connection leading to a tank, cistern or houd shall irrespective of the number of taps drawing from the tank, cistern or houd be the same as for one tap from a pipe connection.

(iii) The same rates shall be paid for every additional stand-post, tap or other method of draw off from the same attachment.

(iv) If an owner fails to intimate that he has increased number of his taps, he shall be charged for the additional taps from the date of the previous verification of taps.

(v) For marriages and such other ceremonies, water for extra time may be given on advance payment of Re. 1 per day or part thereof.

(vi) Water for extra time will be given by the Executive Engineer, only at the convenience of the department. All such applications for extra time supply shall be made five days in advance.

(2) In cases other than those referred to in sub-rule (1) the water rate shall, until meters are fixed on the existing connections, be charged for according to the diameter of the attachment to the water main as follows:-

		Rupees per mensem
		Rs.	a.	P.
(i)	for 1 number ¾ " diameter attachment or tap	1	0	0
(ii)	for 1 number ½ " diameter attachment or tap	1	0	0
(iii)	for 1 number ¾ " diameter attachment or tap	3	0	0
(iv)	for 1 number 1 " diameter attachment or tap	6	0	0
(v)	for 1 number 1 ¼ " diameter attachment or tap	9	0	0
(vi)	for 1 number 1 ½ " diameter attachment or tap	13	0	0
(vii)	for 1 number 2 " diameter attachment or tap	24	0	0
(viii)	for 1 number 3 " diameter attachment or tap	48	0	0

The above rate shall be paid for the draw off from one point only, i.e., from one stand-post, one tap or any other method of draw off from the private pipe attached to the Government water main.

The rate for each additional tap of different sizes from tank, cistern, houd or pipe line shall be as under :-

(i) For one additional taps of above diameters, 50 per cent, extra over the respective charges for one tap or attachment as above;

(ii) For two additional taps of above diameters, 100 per cent, extra over the respective charges for one tap or attachment as above:

(iii) For three additional taps of above diameters, 133'/a per cent, extra over the respective charges for one tap or attachment as above;

(iv) For four additional taps of above diameters, 1662/3 per cent, extra over the respective charges for one tap or attachment as above;

(v) For five additional taps of above diameters, 200 per cent, extra over the respective charges for one tap or attachment as above;

(vi) For six additional taps of above diameters, 225 per cent, extra over the respective charges for one tap or attachment as above;

(vii) For seven additional taps of above diameters, 250 per cent, extra over the respective charges for one tap or attachment as above;

(viii) For eight additional taps of above diameters, 275 per cent, extra over the respective charges for one tap or attachment as above;

(ix) For nine or more additional taps of above diameters, 300 per cent, extra over the respective charges for one taps or attachment as above.

12. (1) When a house is unoccupied and the owner is not in receipt of rent for the property, only one-half of the rates prescribed in rule 11 shall be charged from the date of receipt of a written intimation to that effect in the office of the Executive Engineer. The intimation should be repeated (if the house continues to remain vacant) at the commencement of each succeeding quarter. The concession shall be inadmissible for properties which remain partially open.

(2) The Executive Engineer may, if he considers it advisable, order the attachment to an unoccupied house to be closed in which case no charge shall be made for water. The charge for renewing the attachment to the premises shall be made in accordance with the procedure laid down in sub-rule (3) of rule 4.

(3) If a tap is not required, the owner may remove the same and fix an iron plug in its place. When this is done no charge shall be made from the date on which written intimation is received in the office of the Sectional Officer, and verification to that effect is made.

(4) If at any time, it is found by the Sectional Officer that the plug has been removed or tampered with, without prior intimation to the department, water charges at prescribed rates for the entire period from the date on which the plug was fixed, shall be recovered.

13. (1) If the Executive Engineer considers it advisable, a meter may be fixed to the service pipe from any attachment charged for in accordance with rule 11 and after 24 hours' notice the charge for the water supply may be made in accordance with rules 7 and 8.

(2) Similarly in cases in which water is charged for in accordance with rule 7, the Executive Engineer may remove the meter when requested to do so by the house owner, provided the Executive Engineer is satisfied that the removal of the meter is not likely to reduce the charges for water consumed below the sanctioned rate.

14. (1) Rates charged under rule 11, shall be payable in advance in four equal quarterly instalments not later than 15th April, 15th July, 15th October and 15th January. Should a refund be claimed under rule 12, it shall be granted for a period of not less than half a month.

(2) In the case of charges under rules 7 and 8, bills shall be prepared in the office of the Sectional Officer, quarterly in the case of permanent connections and monthly in the case of temporary connections, in the name of the landlord generally and in the name of tenant if the connection is given to him on his responsibility after receiving a deposit and posted monthly. In the case of metered connections the water rate month shall cover the period from 21st of one month to the 20th of the succeeding month.

(3) In order to facilitate the adjustment of accounts between landlords and tenants, the Executive Engineer may, when requested in writing by the landlord, furnish a memorandum showing the consumption and probable charge on account of water rate and meter rent for any broken period of the month or quarter since the preparation of bill for the preceding month or quarter.

15. The Executive Engineer shall have power to disconnect the service pipe between a private pipe and a Government water main in any of the following events

(a) In default of payment of water rates and meter rents or of any bill submitted on account of repairs to meters within twenty days after the same has been demanded in writing;

(b) If any house owner or occupier who is supplied with water under rule 7 or rule 11, shall, without the previous sanction of the Executive Engineer, permit the supply of water to persons other than those residing on the premises or shall use the water for purposes in violation of the conditions for which it is supplied provided that six days' printed or written notice is previously given from the office of the Sectional Officer;

(c) In the case of leakage pipes or other defects in the private service arrangements likely to cause loss to Government;

(d) If water shall be allowed to run to waste after the owner or the occupier shall have been warned in a printed or written notice from the office of the Sectional Officer not to allow it to do so;

(e) In the case of broken pipes or fittings causing loss of water likely to cause damage to property after such notice as may be possible has been given:

(f) In case of refusal to allow the Executive Engineer, the Sectional Officer or his authorised agents to enter on any land or building for the purpose of inspecting service pipes, fittings and other appliances or to take meter readings;

(g) If the house owner fails to embed pipes which are exposed or are lying above the ground surface, in a manner approved of by the Sectional Officer, or to remove pipes from situations which in the Sectional Officer's opinion would cause contamination of water supply, or if he refuses to clean pipes which are obstructing and contaminating the water supply in each case within a period of forty-eight hours from the date of issue of a written notice from the office of the Sectional Officer;

(h) If any new service pipes are laid or any extension or alteration or repairs to service pipes is carried out by any other person than a plumber licensed by the Executive Engineer;

(i) If a pump or any other contrivance for increasing the supply of water through a pipe be unauthorisedly connected to the service pipe of a house;

(j) If the owner fails to provide suitable arrangements to the satisfaction of the Executive Engineer for the proper disposal of the waste water which otherwise is likely to be insanitary and injurious to public health;

(k) If any attempt is made to obtain water supply from the attachment without first passing it through the meter fixed by the Executive Engineer;

(l) If any attempt is made to tamper with the meter in any way.

16. Tanks for storing water from unmetered attachment to the water mains shall not be fixed without the sanction of the Executive Engineer, and if so fixed, the owner shall be liable to be charged at the discretion of the Executive Engineer, for taking water in an unauthorised manner from the date of the previous verification of taps.
17. Quantity of water to persons entitled to free water supply shall be limited to a definite figure to be decided by Government in each case and the excess shall be charged for at annas 8 per 1,000 gallons, or such other rates as may be fixed by Government from time to time.
18. (1) Subject to sub-rule (3) of rule 3, the owners of the property shall be solely responsible for the payment of all charges preferred under these rules. The Executive Engineer may, however, receive payment from an agent or a tenant duly authorised by the owner of the property who, in all cases, shall be held responsible for default in payment by his agent or tenant.

(2) If any payments due under these rules on a house or property which is sold or whose ownership is transferred remain in arrears, the supply of water shall be stopped until the arrears are paid.

19. In the event of any water being wasted or used in an unauthorised manner, the owner shall be liable to be charged for a sum not exceeding three times the value of the water estimated by Executive Engineer to have been wasted or used in an unauthorised manner.
20. If the owner or a tenant of the premises considers that the meter fixed to his attachment is not registering correctly and requires the same to be tested this will be done on his paying a meter testing fee as follows:-

			Fee
			Rs.
⅜ “	diameter of connection	}	3
½ “	diameter of connection
¾ “	diameter of connection
1 “	diameter of connection
1 ½ “	diameter of connection	}	5
2 “	diameter of connection
2 ½ “	diameter of connection
3 “	diameter of connection	}	10
3 ½ “	diameter of connection
4 “	diameter of connection

If the meter on testing is found to register incorrectly i.e., fast or slow by 5 per cent, the testing fee shall be refunded and the water rate bill amended at the discretion of the Executive Engineer.

If the meter is found to register correctly, the meter testing so paid shall not be refunded.

21. Contractors applying for temporary connections on their own behalf for construction purposes shall be required to pay deposit and the usual attachment fees in advance, the amount of deposit shall be fixed by the Executive Engineer. The Military, Civil or Local authorities requesting for attachments on behalf of contractors shall be held responsible for the payment of all charges in connection with attachment and water consumption.
22. If any unauthorised connection be made to the Government water mains or private pipe between the Government mains and the meter with the object of getting water without payment in whole or in part, the owner of the property concerned shall be liable to prosecution under section 379 of the Indian Penal Code.
23. The Executive Engineer shall have power to open any road for the purpose of laying or repairing mains or any departmental repair work or for any other purpose in connection with the distribution of water and shall be responsible for the efficient repairs to the roads, and other things that may have been opened in connection with works referred to herein.
24. Any person committing a breach of clause (b), clause (c), clause (h), clause (i) of rule 15 and of rule 16, shall on conviction by a Magistrate be liable to the penalty provided in section 61 of the Bombay Irrigation Act, 1879 :

Provided that, nothing herein contained shall be deemed to affect the liability of such person to prosecution under any other enactment.

25. The above rules shall take effect from the 1st April, 1954.