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State of Bihar - Section

Section 3 in The Bihar Irrigation, Flood Management and Drainage Rules, 2003

3. Irrigation Rules.

- 3.1. Information regarding operation of canals :-3.1.1. In exercising the powers conferred to it under Section 49 of Bihar Irrigation Act, 1997 (Bihar Act 11, 1998), after proper scrutiny, a notice regarding the date of operation of canals, period and the area in which water is to be supplied at different time by the irrigation projects of the State for supply of water for Kharif, Rabbi and hot weather crops as per the needs of the area shall be issued by the State Government or its authorised offices. This notice shall be issued at least 21 days prior to the opening of canal, unless and until some changes are made, the operation-programme as notified in the notice shall remain operative.3.1.2. The dates and periods of the opening of canal for different crops as stated in Rule 3.1.1 shall be so fixed as canals could be closed for at least one month after continuous supply of water from hot weather crops to kharif crops and, if needed again after rabbi crops, so that repair and maintenance could be carried out during these periods.3.1.3During the two closure periods of canals as stated in Section 3.1.2., the required repair and maintenance works of canal systems or all other works related to operation of canal shall be completed in time after performing all formalities and observing departmental Rules. Amongst the required repair works, those below the full supply level (FSL), shall be given priority so that even if some work above FSL remain incomplete, the water could be supplied through canal on scheduled time.3.1.4As soon as canals are closed, all remaining water in canals shall be drained out as far as possible by opening all escape regulators. Thereafter the Junior Engineer in charge, after inspecting canals and its structures, shall submit a report to the Sub-divisional Officer, drawing his attention towards the immediate repair works wherever needed and thereupon the Sub-divisional Officer after visiting these sites personally, shall submit his report to the Executive Engineer. The Executive Engineer after visiting the site personally shall take a decision on the extent of repair works needed on those sites. He shall ensure completion of repair works within stipulated time on priority basis after getting the estimates of repair and maintenance framed according to norms and sanctioned by the competent authority.The works, based on the estimate, framed after kharif irrigation which could not be carried out before opening of the canal for rabbi irrigation, shall be completed during the closure of canal after rabbi irrigation on the basis of estimate prepared earlier. The estimates, framed after kharif irrigation, shall remain valid for the work to be executed after rabbi irrigation also.
3.2Water supply. -
3.2.1The Sub-divisional Officer and Junior Engineer in-charge shall have special responsibility to get the repair works of all weirs, distributions system, escapes, head sluices, cross regulators and all outlets done as per requirement after getting approval of competent authority and it should be completed in all respect to retain water before release of water in canal so that no water is lost anywhere by leakage or seepage. In addition to this deweeding and desilting of beds of canals and distributaries in the upper reaches, wherever necessary shall be carried out so that there is no problem in smooth supply of water to the fields.
3.2.2
(a)Under Section 50 (i) of Bihar Irrigation Act, 1997 (Bihar Act 11,1998) the Divisional Canal Officer or any other Officer, authorised by the State Government shall declare for assured irrigable command area and probable irrigable command areas separately to be irrigated by canal water. Generally those areas shall be included in assured irrigable command area, which have been getting irrigation water continuously since last five years. "Probable irrigable command area" means, the area, the irrigation of which is not assured but whose irrigation is subject to the availability of water in that period.
(b)Such declaration shall be widely published as per sub-section (2) of Section 50. The name of land owner, plot number and Khesra shall be indicated in the declaration.
(c)if any discrepancy in plot No and khesra is found by any land owner he shall inform the same to the Canal Officer through the concerned Junior Engineer for its rectification within a week of such declaration.
(d)If any objection regarding the name of land owner, plot no. and khesra is raised, the Canal Officer shall do necessary verification and report the same to the Divisional Canal Officer. The Divisional Canal Officer shall take appropriate action, if he feels the necessity of rectification in the Notification.
(e)After declaration by the Section Officer in-charge a map shall be prepared showing assured irrigable command area and probable irrigable command area on village map for each village. Later on, if any alteration in such declared areas is made by Government Notification the same shall also be rectified in the map.
3.2.3The Canal Officer shall appraise the water required for irrigation of assured irrigable command area and probable irrigable command area. This appraisement shall be based on the water requirement as per cropping pattern prevalent in the area and timely water distribution management. In addition to this, the discharing capacity of canal shall also be taken care of. After the appraisement of water requirement, the Canal Officer shall prepare weekly water demand for his sub-division.
3.2.4The Sub-divisional Officer, after preparing the weekly water demand for his sub-division, shall forward the same to the Sub-divisional Officer-in-charge of the upstream reach. Then this Sub-divisional Officer after compiling the weekly water demand of his Sub-division along with the weekly water demand received from the Sub-divisional Officer in-charge down stream reach, shall forward the same to his upstream counterpart. Thus the complete water demand shall finally reach to the Sub-divisional Officer in-charge of head works. In the process, the last Sub-divisional Officer of a Division before sending weekly water demand to other division shall get the same vetted by his Executive Engineer. For smooth functioning of this process, the role of Executive Engineer and Superintending Engineer shall be to keep control over water demand on the basis of canal capacity, irrigation demand, rainfall, and other local conditions and they give necessary technical directions.
3.2.5In case of non-availability of sufficient water at a time and for the economical use of water, the tatil system shall be planned for irrigation and in such situation accordingly water demand shall be prepared keeping this in view.
3.2.6Operation manual for canal system shall be prepared project wise/wherein a particular day shall be fixed for presenting water demand, besides other matter by each Subdivision. Similarly a particular day shall be fixed for releasing discharge from head works so that the required water is available at particular place at schedule time as per the water demand.
3.2.7The water indent shall be sent in each week, however, in case of excessive rain or drought if decrease or increase of water supply become essential then the contingent indent can be sent directly to the Engineer in-charge of head works through quick communication system like wireless, telephone or special messenger. The Engineer in-charge of head works shall act on that immediately and inform the same to all regulating stations.
3.2.8Due to some reason if the discharge in canal is less than the demand it shall be distributed proportionately according to the requirements of different distribution systems or keeping the requirement of some particular area in mind, the Canal Officer can distribute it as per his wisdom. Similarly, in case of excessive discharge in canal, more than its capacity, the excess water shall be discharged into escape channel or if not possible, it shall be regulated by distributing proportionately according to the capacity of different canal systems and such information shall be passed on to the gate operator stationed at down stream regulators through quick service or special messenger, well in advance.
3.2.9The Superintending Engineer shall monitor the accounts of flow being made available through a canal/branch canal and area irrigated. The loss of canal discharge shall be estimated by calculating the duty/delta based on total quantity of canal water used for irrigating any area, and for this, specially, Technical Adviser to the Superintending Engineer shall be responsible.
3.3Opening of canal outlet. -
3.3.1The Section Officer, under the order of Canal Officer, shall regulate the water supply to the village channels and supervise the opening and closing of all the outlets.
3.3.2
(a)A register of outlets, within the jurisdiction of a Section Officer indicating therein name of village channels and location of cutlets, shall be maintained by all concerned Section Officers.
In addition to it, a map of command area for these outlets, shown on village map shall be maintained.
(b)The Section Officer, without written order of Canal Officer, shall neither remove or make any alteration in the present outlets nor provide any additional outlet.
(c)Right of cutting of canal or channels, obstruction/alteration of flow, change of size and place of outlets shall vest in the Government and any encroachment on these rights by the users shall be a punishable offence under the Section 82 of the Bihar Irrigation Act, 1997 (Bihar Act 11,1998)
3.3.3After sudden heavy downpour during the monsoon season, draining out of canal water becomes a problem when the farmers use to close the outlets to save the crops. During this period, the Section Officer, after obtaining direction for draining out water and closing the concerned head regulator from the Canal Officer, shall act promptly and precisely.
3.3.4As soon as water is available in canal for irrigation, the Section Officer, after obtaining direction from the Canal Officer shall open the outlets for the fields declared as assured irrigable command area under Rule 3.2.2.
3.3.5The Section Officer shall ensure to make water available to all fields included in the assured irrigable command area.
3.3.6Similarly, the water shall be made available to fields under probable irrigable command area depending upon the availability of water.
3.3.7
(a)If any owner of the land, beyond the assured irrigable command area and probable irrigable command area, is desirous of water supply to his land from a canal, he shall make a written application to this effect on prescribed Form-1 under Section 53 (3) of the Act to the Canal Officer, who may make water available to the applicant in case of availability of water.
(b)If the Canal Officer is in a position to provide water, he will issue permission as Form-3 to this effect to the interested applicant.
3.3.8Making water available to the applicants of para 3.3.6 and 3.3.7 shall not be mandatory. Water shall be made available to them on the basis of availability of water.
3.3.9During irrigation period, a close watch on water distribution shall be kept and due attention shall be paid to ensure the water supply up the last point of canal. If necessary, the Chief Engineer/Superintending Engineer shall constitute patrolling parties to keep watch on water distribution according to the need.
3.4Assessment and collection of water charges. -
3.4.1For assured irrigable command area, a permanent Khatian shall be prepared by Ziladar/Junior Engineer in-charge with the help of Amin and on that basis water charge shall be collected. The signature of owner farmers shall be taken on it. The Khatian shall be up-to-dated every year after necessary examination of sale and transfer of lands among owners. The responsibility of informing the Canal Officer regarding the transfer will be on seller/transferee.
3.4.2Sudkar shall be got done for the land to which water is supplied as per provisions of clause 3.3.6 and 3.3.7. There shall be an initial register for irrigation, prepared by Patrol Approximate measurement of irrigated land, the name of owner and the date of water supply shall be recorded in this register.The Patrol shall send his weekly report to the Section Officer who shall forward the same to the Canal Officer along with his own report.
3.4.3The Patrol shall immediately report the matter of any unauthorised irrigation to the Section Officer who shall report the same to the Canal Officer.
3.4.4The demand shall be prepared only on the basis of Khatian for assured irrigable command area, but for probable irrigable command area and unauthorised irrigation the Amin will measure the irrigated area based on sudkar in the last phase of irrigation. During the measurement of irrigated area by Amin, the Patrol shall be present, who shall give the proper information regarding irrigated land. Thus, the Amin shall prepare a khesra. On this khesra the Patrol shall give a certificate that all irrigated, area recorded in sudkar, has been included in khesra. The Amin shall also record in khesra that which crop has been cultivated in which field and what was the status of crop. The signature of owner farmer shall be obtained on this khesra. If any owner raises any objection regarding any land, claiming that no irrigation has been done on that land the Amin will record the same with reason on the khesra and report the same to the Canal Officer. Such khesra prepared by the Amin shall form the actual basis for the assessment of irrigation charges. In addition to it, unauthorised uses of irrigation water shall be punishable under Section 82 of Bihar Irrigation Act, 1997 (Bihar Act 11,1998).
3.4.5The Amin after preparing khesra, shall send it to the Canal Officer, through Ziladar/Junior Engineer-in-charge.
3.4.6For checking the Sudkar work, and entries of the khesra register the Canal Officer, Junior Engineer/Ziladar shall check 10%, 20% and 30% of the entries respectively.
3.4.7After checking,the Canal Officer shall endorse the khesra to the Ziladar/Junior Engineer with instruction to prepare the Khatian.
3.4.8The Ziladar/Junior Engineer, who shall work under Canal Officer, on getting order of Canal Officer for checking the khesra, shall prepare owner farmer-wise demand slip by comparing the khesras with the last years khesra and survey khatiyan.
A "birgi" shall be prepared by compiling owner farmer-wise demand in which total area of a owner farmer shall be recorded. Khatian (abstract of demand) shall be prepared from "birgi" and by which crop-wise and farmer-wise demand Shall be prepared.
3.4.9The Canal Officer shall send the Khatian, duly signed by him after getting Ziladar's/Junior Engineer signature thereon, to the Divisional Office.
3.4.10
(a)In case of difference between the demand recorded in Khatian and sudkar area, the Divisional Canal Officer shall get it checked jointly by Canal Officer and Deputy Collector (Revenue) or nominated officers or their representatives of equivalent rank. On being satisfied he shall put his signature on Khatian and forward the same to Deputy Collector (Revenue) for revenue collection and shall also send a copy of the same to the Director, Revenue.
(b)Normally, the last date for sending the Khatian shall be as follows:-
Kharif - upto 30th November
Rabbi - upto 30th April
Hot weather crops - upto 15th June
3.4.11Deputy-Collector shall send the demand statement to the Revenue Inspectors through Circle Officer. Irrigation Revenue Inspector, after recording these demands in the specific register kept for tax-collection from farmers, shall hand over to the tax collector who shall hand over the demand statements to the concerned farmer and shall get his signature on the register. The last date and place of payment shall be mentioned on the demand statement (parcha). This place may be kept at the office of Deputy Collector/Block Officer/Circle Officer, whichever deemed fit. The last date of payment shall be after 15 days of the handing over of demand statement (parcha). While handing over demand statement (parcha) the tax collector shall record the last date of payment on demand statement (parcha).
3.4.12The Superintending Engineer shall take effective and suitable process for checking sudkar and ensure that no area, where irrigation was provided, is left without being accounted for sudkar. The Executive Engineer and the Superintending engineer shall check the sudkar positively on sample basis by surprise inspection.
3.5Remissions and Alterations of Demand
3.5.1
(a)Claims for remission of water charges under Section 54 (2) shall be presented to the Canal Officer in the prescribed pro-forma either personally or by registered post atleast twenty days before the harvesting of the crop and no such claims shall be admitted unless it is supported by proof of loss caused by failure of supply of water from the Government channel.
(b)While such loss is proved, the Divisional Canal Officer shall, if he is satisfied that loss in probable irrigable command area or the area permitted for irrigation by the Canal Officer :-
(i)exceeds two-third of the value of the normal irrigated crop, remit the whole of the water rate on such area.
(ii)exceeds one third and is less than two-thirds of such value, remit one half of water rate.
(c)While such a loss, in any area included in assured irrigable command area, is proved, the Divisional Canal Officer shall :-
(i)If he is satisfied that the loss in any area in kharif crop exceeds one third of the value of normal irrigated crop, remit the three fourths of the annual water charge in case of kharif crop and no additional water rate for the coming rabbi crop, grown on the same field on which kharif was grown, shall be levied.
(ii)Remit the one fourth of the annual water charges in case of rabbi and hot weather crops, if he is satisfied that the loss in any area exceeds one third of the normal value of irrigated crops and no kharif crop has been grown on the area in which the said rabbi and hot weather crop is being grown.
(d)Save as provided in clause (b) & (c) no remission of water charges under Section 54(2) shall be granted.
3.5.2
(i)For the purpose of the discharge calculation made in order to verify claims for remission of water rate on account of failure of supply of water, the record of discharge gauging on distributaries, sub-distributaries or on other Government channels shall be deemed to be conclusive.
(ii)As far as possible such discharge measurement shall be made at all controlling points in Government canals and village channels.
3.5.3The Divisional Canal Officer may if he thinks fit, grant remission up to 10% of the water charges assessed on any area covered by a kharif season lease, if he is satisfied that the crop has failed and is not more than one quarter of average yield, notwithstanding that such failure is due to causes other than a deficiency in the supply of water from the Government channels.
3.5.4A remission statement signed by the Superintending Engineer or the Divisional Canal Officer shall be sufficient authority for a refund by the Canal Deputy Collector.
3.5.5The Canal Deputy Collector may make any such alteration in a demand statement received from the Divisional Canal Officer, which is necessary to correct only a clerical or arithmetical error. After that he shall inform the same to the Divisional Canal Officer.
3.5.6The arrear of water charges shall be deemed as demand. Each arrear of water charges payable to the Government and each sum due to a person on account of realisation of water charges payable to the Government and taking into account each sum payable to a person on account of water charges as certified by the Canal Officer shall be deemed as demand and shall be realised according to Rule.
3.5.7If any sum due on account of water charges cannot be collected owing to the debt, bankruptcy or absconding of the defaulter, the amount due may be written off as irrecoverable by the Superintending Engineer with the previous sanction of the State Government. A detailed list of all sums so written off shall be sent to the State Government.
3.5.8Remission of water charges on account of widespread injury to crops caused by inundation, blight storms or any such extraordinary cause shall be granted only under the special order of the State Government.
3.6Regarding transfer of the management of canal systems to Water Users' Association.
3.6.1
(a)On behalf of the Government, the Divisional Canal Officer, Water Resources Department shall transfer the management (operation, maintenance, assessment and collection of water rent) of canal system for a fixed period, to that Water Users Association who have applied for the same in prescribed Form-5 and whom the Department would consider competent for this and issue permission in Form-6 for this.
(b)Water Resources Department will sign a memorandum of understanding with competent Association in the prescribed Form 7.
3.6.2The Canal Officer shall authorise the System (canal) Level Committee to prepare the demand parcha and the System Level Committee to prepare the demand parcha and the System Level Committee shall get this work done with the help of Village Level Committee. The Canal Officer shall not be required to certify the entries made in the registers of System Level Committee and Village Level Committee:
Provided that the Canal Officer shall have the right, to check the land irrigated and inspect the registers of water charges demand and realisation from time to time.
3.6.3The Secretary of the System Level Committee shall submit an application to the Divisional Canal Officer either personally or by registered post at least twenty days before the harvesting of the crop for cancellation of water charges for the area where water has been supplied as per irrigation register but later on the crop has been lost on account of deficiency in water supply and the Divisional Canal Officer shall take a decision after verification on the same as per rule.
3.6.4The System Level Committee shall maintain a register wherein details of all irrigated lands of each farmers as well as number of waterings in each plot and also sum of water demand for the irrigated land, amount paid by the farmers as water charges and receipt number shall be recorded.
3.6.5A register as described in clause 3.6.4 shall also be maintained by each Village Level Committee.
3.6.6
(a)After each irrigation, the revenue demand, as per approved rate, based on the above mentioned records shall be assessed by the System Level Committee and the same shall be communicated to each farmers. The affected farmers shall have the right to see and understand the records of Village Level Committee with the help of a member of the Village Level Committee.
(b)The concerned farmer, after receiving the demand, shall have to make payment to the System Level Committee within the stipulated time fixed by the System Level Committee.
(c)The receipt book to be issued to the farmers at the time of collection of Water-rent-demand will be the same as issued to the general farmers in the State. Aforesaid receipt book shall be issued to the Secretary of Farmer's Association through Canal Officer by the Revenue Wing of Water Resources Department.
3.6.7If any farmer does not pay the above said amount in time to the System Level Committee, it shall have the right to deny water in next crop cycle to such farmers and do needful for collection as per Rule. In this regard the Water Resources Department shall extend full co-operation to the Users' Association.
3.6.8The Village Level Committee shall send all matters, related to alteration and remissions after scrutiny at its own level, to the System Level Committee, who shall pass the final decision on the same. This alteration and remission shall be valid only for irrigation matters and in other matters and other matters only lawful mutation shall be valid. A separate register shall also be kept for all these cases.
3.6.9
(a)The assessment of water rate for the first five years shall be done on the average of irrigated area in three consecutive kharif and rabbi season just before the transfer of the Canal System, and the System Level Committee shall deposit the share amount as assessed in memorandum of understanding and the balance amount shall be kept with itself to be spent on maintenance and operation of canal and its development.
(b)Every year, the System Level Committee shall deposit the aforesaid share of water charges for kharif before 31st March and for rabbi before 30th June in Government treasury as per proper procedures and the same shall be intimated to the Divisional Canal Officer.
(c)After each five years, the Government shall reconsider the average irrigated area and decision shall be taken on average irrigated area.
3.6.10If due water charges, payable to the Government, is not deposited in the Government treasury by the System Level Committee within stipulated time, the supply of water shall be stopped in the next season and the action shall be initiated for the realisation as per rules.
3.6.11The Committee shall have the right to take earth from chart lands of canal for the maintenance but the right of its lease and revenue collection shall vest with the Government as usual.
3.6.12The management of the Canal Systems transferred to the Water Users Association shall be regulated as per the provisions laid down in the memorandum of understanding prepared with the consent of Water Users' Association.
3.6.13The Water Users' Association shall fix a logical and effective canal operation plan and enforce the same in the Canal System transferred to them so that the irrigation water would be available equitably in each portion of the command area.
3.6.14If any person causes any damage to the canal system, obstructs flows, uses the canal unauthorisedly, obstructs works or causes any damage or contravenes any Rule of the canal system, transferred to the Water Users' Association, it shall initiate action against those persons under the provisions of Bihar Irrigation Act, 1997 (Bihar Act 11, 1998) and for this purpose, the Water Users' Association shall be considered as an agency working under the order of and on behalf of the Division Canal Officer and under this right this association shall work accordingly.
3.7Miscellaneous :-
3.7.1No person shall, after being forbidden, cause any animals or vehicle to pass across any of the works, banks or channel of any irrigation or drainage work except over such bridges, fords and ferries and their approaches as are provided for the purposes, unless he has been granted a written permit by the Canal Officer.
3.7.2No official or member of any such ministerial or menial establishment employed on any canal shall, unless specially exempted by the State Government from this rule, have any interest in the distribution of water from any of the channels of the canal nor purchase or bid for any Government property sold thereon neither in his own name nor in the name of another person or jointly or in shares with other person nor shall any such official or member of any such ministerial or menial establishment purchase or take on lease any land within any area being supplied with water or which can be supplied with water from the canal except with the previous sanction in writing of the Superintending Engineer or of the Chief Engineer in the case of independent Division.
3.7.3Except as provided in these Rules and Bihar Irrigation Act, 1997 (Bihar Act 11, 1998) no appeal shall be entertained against any order passed by the Canal Officer until the Sub-divisional Canal Officer shall modify any order passed by him in accordance with a subsequent order of the Divisional Canal Officer or Superintending Engineer, and the Divisional Canal Officer or Canal Deputy Collector shall modify any order passed by him in accordance with a subsequent order of the Superintending Engineer or of the Chief Engineer in the case of an independent Division.
3.7.4The Chief Engineer shall exercise a general control over the activities of all officers in charge of Irrigation and Revenue works of the canals.
3.7.5A Judicial Magistrate shall be deputed in each Chief Engineers Zone, engaged in irrigation works, who shall take the immediate cognizance of any offence in accordance with the provisions under the Bihar Irrigation Act, 1997 (Bihar Act 11, 1998), and the case shall be disposed off quickly.
3.7.6Water supply for the purposes other than irrigation use. - Canal Officer under Section 57 of Bihar Irrigation Act, 1997 (Bihar Act 11, 1998) shall supply water for the purposes of other than irrigation use and issue permit as Form-4 of this Rules.
3.7.6.1For this purpose the application by person/persons/firm interested, shall be submitted to the Canal Officer in prescribed Form-2.
3.7.6.2The Canal Officer shall prepare an abstract of all such applications and with his recommendations send them to the Divisional Canal Officer who shall, through his Superintending Engineer, submit that abstract and recommendation with his own remark to the Chief Engineer. The Chief Engineer, depending upon availability and dependability of water, shall get permission from the department for diversion of such waters to the person/persons/firm concerned and issue orders to the concerned Divisional Canal Officer, through the Superintending Engineer, to issue the permit in Form-4.
3.7.6.3Before issuing instruction to the Canal Officer for issue of the permit, the Divisional Canal Officer shall get an agreement signed by the person/persons/firms and getting signed this agreement, the Divisional Canal Officer shall issue instructions to the concerned Canal Officer to issue permit to the concerned person/persons/firms and resume water supply, within fifteen days of receiving of the order of the Chief Engineer.
The following minimum provisions shall be in this agreement :-
(i)The person/persons/firms being authorised to get water, shall use the water supplied only for the purpose for which the permit is issued.
(ii)The person/persons/firms receiving the water shall deposit the sum of the bill prepared on the basis of water rates fixed by the Government from time to time in the treasury of the Divisional Canal Officer within fifteen days of the receipt of the bill.
(iii)After preparing the bill for the water supplied in the previous month, the Divisional Canal Officer shall transmit it to the water users/persons/firms through special messenger/registered post/fax, latest by the 10th date of the succeeding month.
(iv)It shall also be the responsibility of the person/persons/firms receiving water to get the bill collected from the office of the Divisional Canal Officer by the 10th date of every month, and ensure payment of the bill within stipulated period.
(v)In case of failure of payment of the bill within stipulated period, the permit issued to them shall automatically be cancelled within a period of 15 days of the due date of payment and water supply to the concerned party shall be stopped.
(vi)In case of cancellation of permit, all the sum due to the party, who has received water, shall be payable with penalty as decided by the Department and only after realisation of full amount, his/her/their application for re-issue of permit, if he/she/they desire so, shall qualify for consideration.
Form-1(See Rule 3.3.7(a))Application for irrigation(Name of Crop) ...........................Village .................... Block ..................... Water course ..................... Outlet No. ................