Section 28 in The Himachal Pradesh Minor Canals Act, 1976
28. Levy of water rates.
(1)Subject to the terms of any agreement made by it with the owners or irrigators, the Government may, by notification, direct that a rate or rates shall be levied for the use of water of a canal in an authorised manner. Such rate or rates shall be determined keeping due regard to the maintenance and operation charges for the system and the cost of collection the water rates.(2)The Government may, by notification, direct that in addition to or in lieu of the rate or rates above-mentioned, the land revenue for the time being assessed on the land receiving canal water shall be enhanced in consequence on the change of class of the land from unirrigated to irrigated:Provided that the new rate of assessment shall not exceed that fixed at the time of settlement for irrigated lands of the same class in the same village or in its vicinity:Provided further that the Government may allow such lands to continue to be assessed at the rate or rates at which they were assessed immediately before they became irrigated, for a number of harvests to be fixed by the Government.(3)The Government may, by notification, also impose a special rate for water obtained or used without authority or in an un-authorised manner.(4)The rate or rates imposed under sub-section (1) or sub-section (2) or sub-section (3) shall be leviable from such persons deriving benefit from the water as the Government may, by general or special rule, direct.(5)Subject to the terms of any such agreement as aforesaid, the proceeds of any rate or rates levied under this section shall be disposed of in such manner as the Government may, by general or special rule, direct.(6)In the event of failure of crop to the extent of 10% or more due to the reason beyond the control of the farmer, he shall be entitled to remission of rates in proportion to the failure of that crop:Provided that decision of the Collector regarding the extent of failure of the crop shall be final.
