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Bengal Presidency - Section

Section 76 in The Bengal Irrigation Act, 1876

76. Rules subject to conditions of water-supply.

- All rules made by the [State Government] [Words 'Provincial Government' first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] under section 99 shall be consistent with the following conditions:(a)The canal-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 :-
(1)whenever and so long as it is necessary to stop such supply for the purposes of executing any work ordered by competent authority;
(2)whenever and so long as any village-channel is not maintained in such repair as to prevent the wasteful escape of water therefrom;
(3)whenever and so long as it is necessary to do so in rotation to supply the legitimate demands of other persons entitled to water;
(4)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 Government] [Words 'against the Crown' first substituted for the words 'against the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control [of the State Government] [Words 'of the Provincial Government' first substituted for the word 'of the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the canal-officer considers necessary; but the person suffering such loss shall be entitled to such remission of the ordinary charges payable for the use of the water as is authorized by the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937. Thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] :
(c)If the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Collector shall award to the petitioner reasonable compensation for such loss.
(d)When the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year.
(e)No person entitled to use the water of any canal, or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use without the permission of the canal-officer, but all contracts made between Government and the owner or occupier of any immovable property, as to the supply of canal water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place.