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State of Gujarat - Section

Section 8 in Gujarat Irrigation and Drainage Rules, 2014

8. Application by whom to be made and 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,
(b)the superior holder or joint superior holders of alienated land, (c) any other person or persons having right to cultivate the land under irrigation for the period for which supply of water is to be given,
(d)President of Water User's Association. or
(e)any other person duly authorized by any of the persons mentioned in clauses (a), (b), (c) and (d) to receive such supply.
(2)An application made by a person having neither such interest in the land as mentioned in clauses (a), (b), (c) and (d) of sub- section (1) nor such authority as is mentioned in clause (e) of sub-section(1) may be summarily rejected by the Canal Officer.
(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-rate 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 C - 1 with two sureties to be approved by the officer sanctioning the application or of a mortgage bond in Form C - 2. In the case of a person who is a member of a Co-operative Society as defined in the Gujarat Co-operative Societies Act, 1961 and who has taken a loan from such society under section 49 thereof and has made a declaration in respect of his land in the manner required by clause (a) or (b) of subsection (1) of that section, the execution of a mortgage bond, if any, shall be made in Form C - 3.
(4)When an application is made by the occupant or superior holder, the Canal Officer may, if he considers that security is necessary, require, by an order in writing such applicant to furnish similar security as stated in sub-rule (3).
(5)When an application is made by a person other than the occupant or superior holder, the Canal Officer 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 mortgage or otherwise appears to the Canal Officer to be necessary to ensure that all obligation, arising out of the sanction, of such application will be carried out he may require such consent also to be obtained by the applicant.