Section 25A in The Bihar Public Irrigation and Drainage Works Act, 1947
25A. [ Declaration of assured irrigable command area or probable irrigable command area of a public irrigation work. [Inserted by Act 13 of 1966, and Substituted by Act 16 of 1982.]
(1)The concerned Collector or officer authorised by the State Government, may for the purpose of this Act, by notification, declare any area to be assured irrigable command area which shall comprise of such lands the irrigation of which is assured by direct or indirect flow from a public irrigation work during such period of the year as may be specified in the notification, which, in the opinion of the concerned Collector or officer authorised by the State Government, be sufficient for maturity of the crops during the said period and any area to be 'probable irrigable command area' which shall comprise of such lands the irrigation of which is unassured and is subject to availability of water during the said period.(2)A public notice shall be affixed for the recovery of rent in such area in all the offices of the Gram Panchayats, police station, offices of the Anchal Adhikari and in all Gram Cutcheries of the State Government and the substance of the notice shall be announced by beat of the drum in all the villages falling in the notified area and this substance shall be published in two consecutive number of the newspapers circulating in the area.][Provided that the State Government may, if it considers necessary, make water supply in a particular Canal Irrigation Project Area for certain period by notification, in relaxation of the provisions under this Section in the following manners:(i)A person desiring supply of water to his fields through the notified canal shall apply to the Canal Officer to this effect in writing in the prescribed form;(ii)several persons working jointly may also make application in this behalf;(iii)the Canal Officer if he grants application so received, he shall give his permission in writing on application;(iv)if the Canal Officer receives application from at least seventy-five per cent farmers of paddy fields of a local area, he may take such action as if application for supply of water from all the farmers of paddy fields of the said area have been received by him and may order supply of water to all the paddy fields of that area and every farmer of paddy fields of that area, who has even not made application for supply of water shall be liable to pay water rate:Provided that the Canal Officer shall not for this purpose in computing percentage includes such paddy filed which is too high to receive or too low to require irrigation. Farmers of such excluded lands shall not be liable to pay water rates.] [Inserted by Bihar Irrigation Laws (Amendment) Act 10 of 1988 published in Bihar Gazette (Extra Ordinary) dated 23.2.1988.]
