58. Declaration of cropping pattern for assured irrigable command by the State Government.
(1)Where the State Government is satisfied that, for the better cultivation of lands, and production of crops and due preservation and proper utilisation of water resources of any irrigation work, or in the public interest, it is expedient to regulate the kind of crops that should be sown, planted or grown on land under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, the State Government may, having regard to the soil characteristics, climate, rainfall and water available, by order in writing make a declaration to that effect. Such a declaration shall be given wide publicity in such manner by the Canal Officer authorised by the State Government as he may think fit.(2)On such a declaration, the Canal Officer with the approval of the superior officer authorised by the State Government, may specify by notice published in such manner as may be determined by him, the kind of crops that shall be sown, planted or grown on the lands under the irrigable command of the irrigation work or any part thereof, the area of crops, and the periods during which such crops shall be sown, planted or grown.The Canal Officer shall, subject to the provisions of this Act, thereupon by order regulate the supply of water from the irrigation work for sowing, planting and growing such crops during the periods specified in the order.(3)The State Government may, by Notification in the Official Gazette, make Rules for determining the crops, and the periods during which such crops may be sown, planted or grown and for regulating supply of water for the purpose. Such Rules may provide for fixing the extent of irrigation for sowing, planting or growing different crops on the lands under the irrigable command on an irrigation work.(4)On the publication of the notice under sub-section (2), no person shall sow, plant or grow or allow any crop, other than the crop or crops specified in such notice, to be sown, planted or grown on any land under the irrigable command of the irrigation work or any part thereof, specified in such notice and during the periods specified therein.(5)Any person aggrieved by any notice given under sub-section (2), may, within thirty days from the date of publication of such notice, file an appeal before such officer not below the rank of Superintending Engineer as the State Government may appoint. The appellate officer may on hearing the parties pass such order as he thinks fit; and thereupon, the notice shall stand modified to such extent as may be specified in the order.(6)The person, who has sown, planted or grown any unauthorised crop, or allowed any lands to be sown, planted or grown with such unauthorised crop, shall -(a)be liable for contravening the provisions of this Section; and(b)also be liable to pay such water rate, as may be prescribed by the State Government, not being less than five times and not exceeding ten times the water rates which he would otherwise have been required to pay in addition to any penalty he may incur under the Act for such unauthorised crop:Provided that if no water is utilised either directly or indirectly from the irrigation work for growing any crop, the provisions of subsections (4) and (6) shall not be applicable.
