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State of Madhya Pradesh - Section

Section 26 in The M.P. Extension of Laws Act, 1958

26. Central Provinces Irrigation Act, 1931 (III of 1931)

Section 1. - For sub-sections (2) and (3), substitute-"(2) It extends to and shall be in force in the whole of Madhya Pradesh."Section 6. - At the end, substitute a comma for the full stop and insert, "and includes a private water-course."After Section 6, insert-"6-A. Private water-course. - Private water-course' means a watercourse constructed at the cost of a permanent holder."Section 14. - For Section 14, substitute-"14. Permanent holder. - In the table set out below the person specified in the second column shall be deemed to be the permanent holder of land held by him as specified in the first column :-Table
(1) Mahakoshal region
Land held as a Bhumiswami The Bhumiswami
Land held as a Bhumidhari The Bhumidhari
(2) Madhya Bharat Region
Land held as a Pakka tenant The Pakka tenant.
Land held as a concessional holder The concessional holder.
(3) Vindhya Pradesh Region
Land held as a Pachpan Paintalis tenant The Pachpan Paintalis tenant.
Land held as a Pattedar tenant The Pattedar tenant.
Land held as a grove holder The grove holder.
Land held as the holder of a tank The tank holder.
(4) Bhopal region
Land held as an occupant The occupant
Land held as a Shikmi of Khudkast for more than one year The holder of Shikmi.
Land held by the grantee of Khudkast The grantee of Khudkast.
(5) Sironj Region
Land held as a Khateder tenant The Khatedar tenant.
Land held as a grove holder The grove holder."
After Section 18, insert-"18-A. Additional Canal Officers. - The State Government may, by notification in the Official Gazette, appoint the Canal Officers of any neighbouring State to be Additional Canal Officers in any subdivision or circle of this State and to exercise such powers and to perform such duties under this Act as may be specified in the notification."Section 30. - After sub-section (1), insert-"(1-A). In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and where such market value is not ascertainable, the amount shall be reckoned at fifteen times the amount of the diminution of the annual net profits of such property, caused by the exercise of the powers conferred by this Act."After Section 89, insert-"89-A. Acquisition of the right of supply through an existing private water-course. - (1) Any permanent holder of irrigable or wet land desiring to have the right of supply of water through a private water-course of another person passing through or by the side of or within easy reach of such land may apply to the Collector.
(2)If the applicant undertakes to defray all costs involved in acquiring such right and to share the expenses made by the owner in the construction of the water-course, the Collector shall serve a notice on the owner to show cause why the right should not be granted.
(3)If the owner of the water-course raises no objection, the Collector may declare the applicant to be the joint holder of the watercourse on such conditions as to the payment of cost, compensation or otherwise as may appear to him equitable.