47. Levy of rates for unauthorised use of or waste of water.
- [Section 32] - (1) The rate for water used in unauthorised manner for irrigation of lands or misuse of water in excess of the requirements of the crop for which irrigation has been sanctioned shall be made at a rate not exceeding six times the compulsory basic water-rate payable for the lands under the culturable commanded area of the class of irrigation work from which the water is used.(2)The rate for water used in unauthorised manner otherwise than irrigation shall be made having regard to the volume of water used and the benefit produced by such use at a rate not exceeding six times the bulk-rate fixed for filling of tanks in the Schedule attached to these rules.(3)The charge for waste of water shall be made having regard to the volume of water wasted at a rate not exceeding six times the bulk-rate fixed for filling of tanks in the Schedule attached to these rules. For habitual wastage of water the charge shall be made at the maximum of the above prescribed rate.(4)The Irrigation Officer on receipt of a report of unauthorised use of waste of water, shall after examination of such witnesses as he may consider necessary, record his orders fixing the levy of rates for such unauthorised use or for wastage of water and the person or persons liable to pay the same, with the reasons therefor.(5)The Irrigation Officer shall issue a demand notice alongwith a copy of the order passed by him to each person so assessed to make payment of the amount within a specified date not exceeding 30 days from the date of service of notice. The amount when paid shall be credited as irrigation revenue.(6)An appeal may be filed before the Collector within 30 days of service of notice mentioned in Sub-rule (5). Collector may stay recovery of the assessment till the disposal of appeal.(7)If the amount is not paid within 30 days of the service of notice mentioned in Sub-rule (5) or where an appeal has been filed and recovery is stayed within 30 days from the date of disposal of appeal by the Collector, it shall be recovered as arrears of land revenue with interest at 6 per cent per annum.
