Section 32 in The Rajasthan Irrigation and Drainage Act, 1954
32. Conditions of water supply.
- Such contracts and rules must be consistent with the following conditions:-(a)The Divisional Irrigation Officer may not stop the supply of water to any water course, or to any person, except in the following cases:-(i)Whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority and with the previous sanction of the State Government;(ii)Whenever and so long as any water course is not maintained in such proper customary repair as to prevent the wasteful escape of water therefrom;(iii)Within periods fixed from time to time by the Divisional Irrigation Officer.(b)No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of the water in an irrigation work by reason of any cause beyond the control of the State Government, or of any repairs, alterations or additions to the irrigation work or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the Divisional Irrigation Officer considers necessary; but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the State Government.(c)If the supply of water to any land irrigated from an irrigation work be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Divisional Irrigation Officer may award to the petitioner reasonable compensation for such loss.(d)When the water of an irrigation work is supplied for irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity and to apply only to that crop; but if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year.(e)Unless with the permission of the Superintending Irrigation Officer, no person entitled to use the water of any irrigation work, or any work, building or land appertaining to any irrigation work, shall sell or sublet or otherwise transfer his right to such use: provided that the former part of this clause shall not apply to the use, by a cultivating tenant, of water supplied by the owner of a water course for the irrigation of the land held by such tenant.But all contracts made between the State Government and the owner or occupier of any immovable property, as to the supply to water of such property, shall be transferred therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place.(f)No right to the use of the water of an irrigation work shall be, or be deemed to have been, acquired under part IV of the Indian Limitation Act, 1908, or under the Indian Easements Act, 1882, of the Central Legislature as adapted to [the State of Rajasthan] [Substituted by Act 7 of 1997.]; nor shall the State Government be bound to supply any person with water except in accordance with the terms of a contract in writing.
