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State of Bihar - Section

Section 40 in Bihar Lift Irrigation Act, 1956

40. Power to make Rules.

(1)The State Government may, after previous publication, make Rules for the purposes of carrying into effect the provisions of this Act.
(2)In particular and without prejudice to the generality of the forgoing powers, such Rules may provide for all or any of the following matters, namely. -
(a)the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter;
(b)the cases in which, the officers to whom, and the conditions subject to which, orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable;
(c)the person by whom, the time, place or manner at or in which anything for the doing of which provision is made in this Act shall be done;
(d)the amount of any charge made under this Act;
(e)the regulation of the distribution of water by rotation or otherwise; and
(f)any other matter which is expressly required to be, or may be, prescribed.
(3)All Rules made by the State Government under this section shall be consistent with the following conditions, namely. -
(a)The Lift Irrigation Officer may not stop the supply of water to any village channel or to any person who is entitled to such supply, 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 a competent authority;
(ii)whenever and so long as any village channel is not maintained in such repair as to prevent the wasteful escape of water therefrom;
(iii)Whenever and so long as it is necessary to do so in rotation to supply the legitimate demands of other persons entitled to water; and
(iv)whenever and so long as it may be necessary to stop the supply in order to prevent the wastage or misuse of water.
(b)No claim shall be made against the State Government for compensation in respect of loss caused by the failure or stoppage of water in a Lift Irrigation Work, by reason of any cause beyond the control of the State Government, or of any repairs, alterations or addition to the Lift 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 Lift Irrigation Officer considers necessary; but the person suffering such loss shall be entitled to such remission of the ordinary charges payable for the use of water as is authorised by the State Government.
(c)If the supply of water to any land irrigated from a Lift Irrigation Work be interrupted otherwise than in the manner described in clause (b), the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising tor such interruption, and the Collector shall award to the petitioner reasonable compensation for such loss.
(d)When the water of a Lift Irrigation Work is supplied for the irrigation of any crop, the permission to use such water shall be held to continue only so long as the maximum volume of water stipulated has not been supplied.
(e)No person entitled to use the water of any Lift Irrigation Work shall sell or sub-let or otherwise transfer his right to such use without the permission of the Lift Irrigation Officer; but all contracts made between the State Government and the owner and occupier of any immovable property, as to the supply of water from any Lift Irrigation Work to such property, shall be transferable wherewith and shall be presumed to have been so transferred whenever a transfer of such property takes place.