The Bombay Construction of Water-Courses Rules, 1968
Published vide Notification No. G. N., I. & P. D., No. BIA. 1166/4365-(1)-1-(5), dated 1st February, 1969 (M. G., Part 4B, p. 231)
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In exercise of the powers conferred by section 70 of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), the Government of Maharashtra hereby makes the following rules, namely :-
- Short title.- These rules may be called the Bombay Construction of Water-Courses Rules, 1968.
- Definitions.- In these rules, unless the context otherwise requires,-
(1) "Act" means the Bombay Irrigation Act, 1879;
(2) "Form" means a Form appended to these rules;
(3) "holder" means a person whose land receives or would receive the benefit of a water-course constructed or to be constructed under a scheme made under the Act, irrespective of the fact whether or not such benefit is availed of;
(4) "section" means section of the Act.
- Manner of obtaining consent of holders under section 25-AA.- (1) Whether an authorised Canal Officer proceeds to prepare a draft scheme for the construction of a water-course for the supply of Irrigation water to the best advantage of any area under section 25-AA, every holder of land within such area shall be served with a notice in Form A by the authorised Canal Officer.
(2) The holder shall (unless he requires any information pertaining to the draft scheme which information the authorised Canal Officer shall give) within fifteen days from the date of service of the notice, inform the authorised Canal Officer in writing, whether or not he consents to the preparation of such scheme. If no intimation in writing is received within such period, the holder shall, unless the contrary is proved, be deemed to have consented to the preparation of the scheme.
Explanation. - In computing the period of fifteen days, the time required for obtaining the information shall be excluded.
- Apportionment of cost of land and of construction of watercourse amongst holders.- For the purpose of apportioning the cost of acquisition of land and of the construction of a water-course amongst the holders included in a scheme, the extent of liability of each holder shall be limited to the area commanded by the water-course, and cost shall be calculated by the authorised Canal Officer in proportion of the area so commanded.
- Manner of publication of draft scheme under section 25-AA(3).- (1) The authorised Canal Officer shall, immediately on the publication of a draft scheme in the Official Gazette, display or cause to be displayed copies of such draft scheme on the notice board at the following places :-
(i) the office of the authorised Canal Officer,
(ii) the village chawdi, and if there is no village chawdi in a village, the village school or any other public place suitable for display of copies of the draft scheme,
(iii) the office of the village panchayat, if any, for the village within the revenue limits of which the lands referred to in the draft scheme are situate,
(iv) the office of the Mamlatdar or Mahalkari within whose jurisdiction such lands arc situate,
(v) the office of each sub-division of Irrigation and Power Department within the jurisdiction of which such lands situate,
(vi) the office of the Zilla Parishad or Zilla Parishads of the district or districts in which lands are situate.
(2) The authorised Canal Officer shall also send a copy of the draft scheme to the Gram Sevak of each of the villages within the revenue limits of which the lands mentioned in the draft scheme are situate, and the Gram Sevak shall give due publicity to the draft scheme in the village by beat of drums.
(3) The notice calling for suggestions or objections to the draft scheme referred to in sub-section (3) of section 25-AA shall be in Form B and shall be displayed along with the draft scheme.
- Manner of publication of final scheme.- The provisions of rule 5 for the publication of a draft scheme shall mutatis mutandisapply for the publication of the final scheme under sub-section (4) section 25-AA.
- Manner of constructing water-courses under scheme.- Before any water-course is constructed by any holder, he shall obtain details of the construction thereof from the authorised Canal Officer, or the Sectional Officer, Irrigation and Power Department; and thereafter the water-course shall be so constructed that the dimensions and the bed-slopes of the water-course shall be such as are adequate for the easy passage of water through the water-course to all the fields through which water is supplied from the canal.
- Provision in relation to notice under section 25-AF.- (1) The notice requiring each holder to construct a water-course referred to in subsection (1) of section 25-AF shall be in Form C.
(2) Every such notice shall be served on a holder by registered post, or by hand delivery either to the holder himself or to any adult member of his family residing with him.
(3) Where a notice is delivered by hand the signature or thumb impression of the person on whom the notice is served shall be taken in token of the service of the notice.
(4) If the holder cannot be found or the authorised Canal Officer is satisfied that he is evading service or that he refuses to take the notice, the notice may be served by affixing a copy thereof on some conspicuous part of the house in which the holder ordinarily resides.
- Form of certificate under section 25-AG.- The certificate to be issued under clause (a) of sub-section (1) of section 25-AG to all holders in the final scheme shall be in Form D.
- Payment of cost of acquisition of land and of cost of construction of water-course.- (a)(i) Any payment in lumpsum for cost of acquisition of land under sub-section (1) of section 25-AF shall be made within a period of six months from the date of notice in Form C under sub-section (1) of that section.
(ii) Any payment in lumpsum for cost of construction of water-course under sub-section (1) of section 25-AH shall be made within a period of six months from the date of notice under section 25-AH. The notice shall be in Form E.
(b) Where the cost is paid in instalments, it shall be paid in instalments not exceeding five, together with simple interest at 4½ per cent, per annum. each payment of instalment being made before the 31st of March every year.
- Recovery and refund.- If the cost of acquisition of land according to the award is found to be more or less than the sum demanded from the holder in the notice in Form C served under section 25-AF, the authorised Canal Officer, shall take steps to recover the excess amount from, or to refund the excess payment to, the holder, as the case may be. A notice in Form F shall be served upon the holder to recover the excess cost of acquisition of the land. A notice in Form G shall be served upon the holder to receive payment of the amount paid in excess.
Form A
[See rule 3(1)]
Notice for obtaining consent of holders of land
To
Shri .........................
Address .................
This is to inform you that although water for irrigation is available in (here specify the area) ........ from (mention here the name of the canal, distributary, outlet) ......;
| nevertheless lands capable of being irrigated therefrom | are not being
are preventing from being |
irrigated for the reason (herein specify the reason) .......... |
and that in the opinion of the undersigned, in the interest of general public, it is necessary to irrigate the lands from the canal in the said area, and for that purpose, it is proposed to prepare a draft scheme providing for the construction of a water-course for the supply of irrigation water to the best advantage in such area, as provided by section 25-AA of the Bombay Irrigation Act, 1879 (Bombay VII of 1879), as amended by the Irrigation Laws (Amendment) Act, 1964 (Maharashtra XLVII of 1965).
You are requested to inform the undersigned in writing, within fifteen days from the date of receipt of this notice, whether or not, you consent to the preparation of the draft scheme. If no intimation in writing is received within the said period, you shall, unless you prove to the contrary, be deemed to have consented to the preparation of the scheme.
Any information about the proposed scheme which you may require for the purpose of giving your consent, can be had from the office of the undersigned or the office of the Sub-Divisional Officer, ............. Irrigation Sub-Division.
Place : Date :
Signature, Authorised Canal Officer.
Form B
[See rule 5(3)]
Notice calling for suggestions and objections to the draft scheme
Whereas, the draft scheme for the construction of a water-course through .............. village/villages in the ............. taluka of ............ district is published in Part ............ of the Maharashtra Government Gazette, dated the................at page ............ under Notification No. .........., dated .................. issued by the.......... all the holders of lands and all persons affected by the scheme are hereby called upon to submit to the undersigned in writing their suggestions or objections, if any, in respect of the draft scheme, within one month from the date of this notice.
Place : Date :
Signature, Authorised Canal Officer.
Form C
[See rule 8(1)]
Notice for construction of water-course
To
Shri ................
Address ...........................
Whereas, in accordance with the final scheme for the construction of water-course through .............. village/villages in the .............. taluka of ............ district which is published in Part ........ of theMaharashtra Government Gazette, dated under Notification No. ..........., dated the .......... issued by .............. the land specified in that scheme are acquired in accordance with the provisions of section 25-AC of the Bombay Irrigation Act, 1879;
And whereas, I have been put in possession of the lands so acquired;
And whereas, you have been mentioned in the said scheme as the holder of the following land, that is to say,-
| Village | Survey No. or Nos. | Area in acres affected by the proposed water-course |
|
|
Now, therefore, in pursuance of the provisions of section 25-AE of the said Act, you are hereby called upon,-
(1) to construct within the period specified in the final scheme i.e., within ..... and in the manner specified therein, the water-course to the extent to which it passes through your lands under that scheme; and
(2) to pay Rs. ...... as a sum payable by you in accordance with the apportionment of the cost of acquisition of land made under the said scheme, you may pay the amount either,-
(i) in lumpsum within a period of six months from the date of this notice; or
(ii) by instalments not exceeding five with simple interest at 4½ percent, per annum before the 31st day of March every financial year.
If you desire to pay the amount in instalments, you are requested to inform me accordingly, in writing, within one month from the date of this notice.
Place : Date :
Signature, Authorised Canal Officer.
Form D
(See rule 9)
Certificate for completion of construction of water-course
Certified that the construction of the water-course through survey numbers ............. of .......... village/villages mentioned in the final scheme which is published in Part ............ of the Maharashtra Government Gazette, dated the ............. at page ........... under Notification No. .................dated .....20...........issued by the .......
| has been completed on .......... 20, by the | holder
holders |
of the | land
lands |
by the Government. |
Place : Date :
Signature, Authorised Canal Officer.
Form E
[See rule 10(a)(ii)]
To
Shri ................
Address .................
Whereas, in accordance with the notice in Form C, dated ........... (under section 25-AE), you were called upon to construct within the period specified in the final scheme i.e., within ............. the water-course to the extent to which it passes through your lands;
And whereas, you have not constructed the said water-course to the extent so specified;
And whereas, on expiry of the period specified in the final scheme, the said water-course to the said extent has been constructed by Government;
Now, therefore, in pursuance of the provisions of sub-section (1) of section 25-AH of the said Act, you are called upon to pay Rs as a sum payable by you as the cost of construction of the water-course under the said scheme.
You may pay the amount either,-
(i) in lumpsum within a period of six months from the date of this notice, or
(ii) by instalments not exceeding five with simple interest at 4½ per cent, per annum before the 31st March every year.
If you desire to pay the amount in instalments, you are requested to inform me accordingly, in writing, within one month from the date of this notice.
Place : Date :
Signature, Authorised Canal Officer.
Form F
(See rule 11)
To
Shri ................
Address .................
Whereas, the cost of acquisition of land according to the award is found to be more than the sum mentioned in the notice in Form C, dated ....... as payable by you in accordance with the apportionment of the cost of acquisition of land made under the final scheme;
Now, therefore, you are called upon to pay Rs. ....... as a sum payable by you in accordance with the apportionment of the excess cost of acquisition of land.
You may pay the amount in one lumpsum within six months from the date of this notice, if you so desire.
If you desire to pay the sum in instalments, you are requested to intimate to me accordingly in writing within one month from the date of this notice. The payment can be made in instalments not exceeding five with simple interest at 4½ per cent, per annum but will have to be made before the 31st of March every year.
Place : Date :
Signature, Authorised Canal Officer.
Form G
(See rule 11)
To
Shri ......................
Address .................
Whereas, the cost of acquisition of land according to the award is found to be less than the sum mentioned in the notice in Form C, dated .......... as payable by you in accordance with the apportionment of the cost of acquisition of land made under the final scheme;
Now, therefore, you are called upon to receive payment of Rs. .......... as a sum payable to you in accordance with the apportionment of the reduced cost of acquisition of land.
Place : Date :
Signature, Authorised Canal Officer.
