- In addition to any incidents applying generally to liability for payment, of water-rates, all irrigation agreements shall be subject to the following incidents, namely :(a)[ canal revenue payable thereunder shall be payable- [Substituted by M.P. Act No. 4 of 1990 (w.e.f. 6-2-1990).](i)if the case falls under clause (c)(i) of Section 46, for every year on all land under agreement, whether it has been sown or not and irrigated or not except under the situation where water could not be supplied for irrigation; and(ii)if the case falls under clause (c)(ii) of Section 46, for, any year on all land under agreement, which has been sown that year with any of the crops under agreement, whether it has been irrigated or not except under the situation where water could not be supplied for irrigation];(b)the canal revenue payable on any land for any year shall be collected from the occupier, or, on his default, from the permanent holder of such land;(c)at any time when the amount of water available is deficient, or when damage is anticipated to the canal if a full discharge of water is delivered, its supply may be regulated in such manner as the Executive Engineer may determine;(d)no claim shall arise against the Government for compensation for any loss arising from a failure or shortage in the supply of water for irrigation or from an excess of such supply :Provided that rules may be made under this Act providing for the remission of agreement rates where there has been a failure of crops or a failure to deliver water owing to a defect in the head-works or distribution system.
