Section 17 in The Haryana Canal and Drainage Rules, 1976
17. Filling of tanks [Section 26].
(1)Tanks, within the irrigation boundary, may, subject to the following provisions, be filled with canal water without charge and without reference to the area irrigated in any village whenever water can be made available without injury to the cultivation dependent on any canal :(i)No tank shall be so filled unless exclusively used for domestic purposes or for watering cattle or for the manufacture of bricks not subsequently burnt in a kiln or for pise wall buildings.(ii)The Lambardar of a village or Sarpanch of the Gram Panchayat of village in which there are one or more tanks for which a supply of canal water is required shall submit an application to the Divisional Canal Officer, stating the number, names and approximate general dimensions of the tank or tanks for which water is required. The Sub-Divisional Canal Officer, on receipt of the application and after further enquiries that he may deem necessary shall pass an order stating the number and names of the tanks to which canal water may be supplied, whenever it can be made available without injury to the cultivation dependent on the canal. A written licence in the terms of this order shall[be] [Words [be] and [canal] missing in Gazette Notification.] given to the applicant by the Sub Divisional[Canal] [Words [be] and [canal] missing in Gazette Notification.] Officer and shall remain in force until revoked by a written order of the Divisional Canal Officer.(iii)Tanks shall be filled at such time as may be directed by the Divisional or Sub-Divisional Canal Officer either by a general or by a special order. If it is desired to fill a tank at any other time, written application shall be made to that effect. The filling of tanks shall be permitted only at such time and to such extent as the Divisional and Sub- Divisional Canal Officer may approve.(iv)No tank shall be so filled which by intercepting any line of drainage is liable to overflow from an accummulation of water derived from natural sources.(v)No tank shall be so filled when the watercourse used to fill it is in the opinion of the Divisional Canal Officer, in an unsound or unfit condition to supply.(vi)The licence granted under clause (ii) may, for breach of any of foregoing provisions, in addition to any penalty which may be incurred under the Act, be suspended for a period of one year, under a written order of the Divisional Canal Officer passed on a regular proceeding and enquiry in each case. An appeal against such order shall lie to the Superintending Canal Officer within a period of thirty days from the date of receipt of the order.(vii)In cases in which tanks have been filled without obtaining the licence under clause (ii) or during the period of its suspension under clause (vi) or at time other than those prescribed by the Divisional or Sub- Divisional Canal Officer under clause (iii) the water so filled into such tanks may be charged for at such rate, not exceeding the rate for the time being in force for water supplied in bulk as the Divisional Canal Officer may in each case direct. Against such charges an appeal shall lie to the Superintending Canal Officer.(viii)The Divisional Canal Officer may sanction a temporary outlet for filling of tanks provided no irrigation is done through such temporary outlet and it shall be on the conditions mentioned in clauses (i) to (vii).(2)Tanks outside the irrigation boundary may be filled with canal water for purely domestic purpose or for watering cattle on sanction by the Chief Canal Officer under such conditions as may be laid down in each case.(3)Tanks may be filled with canal water for the purpose other than those mentioned in sub-rules (1) and (2) and canal water shall be charged for at the rates mentioned in the scheme of water rate.(4)Notwithstanding anything contained in the foregoing provisions, the Sub-Divisional Canal Officer may, for the reasons to be recorded in writing allow irrigation from tanks. The water so used shall be charged at the rates specified in the Schedule of water rates.
