Bombay Presidency - Act
The Bombay Canal Rules, 1934
BOMBAY PRESIDENCY
India
India
The Bombay Canal Rules, 1934
Rule THE-BOMBAY-CANAL-RULES-1934 of 1934
- Published on 4 January 1934
- Commenced on 4 January 1934
- [This is the version of this document from 4 January 1934.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title.
- These rules may be called the Bombay Canal Rules, 1934.2. Definitions.
- In these rules unless there be something repugnant in the subject or context,-3. Exemptions.
- The State Government may by notification in the Bombay Government Gazette exempt any canal from the operation of all or any of these rules.Part II – Supply of Water
4. Application under section 72 : how to be made.
5. Dates for applications.
6. Acknowledgement of applications.
- When an application for a supply of water is personally delivered, the counterfoil receipt for applications attached to the duplicate form shall be initialled and dated by the officer receiving such application and handed back to the person from whom such application is received. In other cases, the counterfoil shall be similarly initialled and dated and shall be despatched to the applicant as soon as may be practicable after the application is received.7. Application by whom to be made : conditions for sanction.
8. Applications may be rejected or complied with wholly or in part - Manner of sanction : Approval.
9. Areas for which permission may be granted.
10. Allotment of available supply.
- If from any cause, any water supply is insufficient to meet all demands for water from such supply, questions regarding the allotment of the available supply and the quantity and regulation thereof shall, subject to the general or special orders of the State Government, be determined by the Executive Engineer.Part III – Demarcation and Preparation for Irrigation
11. Construction and maintenance of bunds and demarcation and preparation of land.
Part IV – Cultivation and Use of Water
12. Cultivation and use of water.
- The following provisions in respect of cultivation and use of water shall be observed :-Part V – Water Rates
13. Water rates when payable.
- The dates in each year for payment of water rates shall, subject to orders passed by the State Government under section 57, ordinarily be -| For rabi crops | April 15th |
| For all other crops | February 14th |
14. Water rates how to be fixed.
- The rates, determined by the State Government under section 44, for canal water supplied for purposes of irrigation shall, in the absence of a special agreement or contract, ordinarily be levied in the form of -15. Areas on which water rates are leviable.
16. Water rate leviable when mixed crops are grown.
- If mixed crops are grown in any part of a plot for any period, the water rate fixed for the highest rated crop so grown shall be charged for the whole plot for the whole period with respect to which such rate is leviable.17. Water rate leviable when crop sanctioned is not planted or fails and another crop is grown.
- When the sanctioned crop is not grown, or if grown fails, another crop may be sown in the same area; and, provided water is available, water shall be given to such second crop to the date upto which water would have been given to the crop sanctioned. No additional charge shall be levied if intimation shall have been given to the Executive Engineer in writing within eight days of planting the fresh crop and if the second crop is assessable at the same or a lower rate than the sanctioned crop. If no such notice shall have been given, the irrigation of the second crop may be treated as unauthorised.18. Water rate leviable when land intended to be irrigated by canal water is irrigated partly by well water.
- If a portion of any land for the irrigation of which a supply of canal water has been sanctioned is irrigated by well water for a part of the season owing to a deficiency in the supply of canal water, and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water, enquiry shall be made by the Executive Engineer as to whether the use of well water was necessary and if it be shown to the satisfaction of the Executive Engineer that the use of well water was necessary the rate chargeable on the portion irrigated by well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall not be less than half the rate otherwise payable.19. Water rate leviable when well water and canal water are conveyed in the same channel.
- If well water is conveyed to any land in any channel used for conveying canal water, water rate shall be chargeable on the whole of the land irrigated from such channel :Provided that, if well water be taken for a part of the season owing to a deficiency in the supply of canal water and the applicant notifies the fact in writing to the Executive Engineer within eight days from the date on which he began taking well water and if it be shown to the satisfaction of the Executive Engineer that such deficiency existed, the rate on the portion irrigated by well water may, at the discretion of the Executive Engineer, be reduced to an amount which shall not be less than half the rate otherwise payable.20. Irrigation from escape channels, percolations and leakages.
- Irrigation from escape channels and from percolation and leakage falling under section 48 shall be subject to the same provisions as irrigation from other parts of a canal.21. Water rate leviable for supply of water for forming threshing floors.
- The Executive Engineer may give water for the purpose of forming threshing floors free to any person to whom a supply of water for irrigation has been sanctioned under these rules and to any other person at a charge per floor not exceeding half the lowest acre rate.22. Water rates for non-irrigational purposes.
- Water supplied from a canal for any purpose other than irrigation shall be charged for at such rate per unit of volume of water supplied as the State Government shall from time to time by order direct. Where the amount of water supplied cannot be measured the supply shall be charged for in such manner as the State Government may by order direct in each case.Occasional Rates23. Water rate leviable for supply of water obtained without permission or misused.
- If a supply of water is obtained by any person from a canal, whether for irrigation or for any other purpose, without the previous permission of the Executive Engineer or is used in any other unauthorised manner for irrigation or otherwise, the Executive Engineer may, on each occasion, charge a rate not exceeding treble the rate chargeable for the supply as if such supply had been sanctioned. Such rate shall be leviable in addition to any penalty which may be imposed under the Act.24. Water rate leviable on late applications.
- When an application for supply of water presented after the prescribed date is sanctioned, the water rate charged for the supply for the first irrigation period shall, when such supply is for the growth of sugarcane, be 25 per cent, more than the ordinary rate and, when such supply is for the growth of any other crop, be 50 per cent, more than the ordinary rate ;Provided that, the Executive Engineer may, if he is satisfied that an application could not be submitted on or before the prescribed date and after recording his reason in writing, order any lower rate not less than the ordinary rate to be charged in the case of any such applicant or any class of such applicants.25. Water rate leviable for water used for the irrigation of an area in excess of the sanctioned area.
- When sanction has been given to irrigate a specified area and the applicant irrigates an area in excess of such specified area, the Executive Engineer may charge in respect of such excess area a rate not exceeding treble the rate chargeable for the supply as if the supply had been sanctioned for such excess area and may stop the supply of water under clause (d) of section 28 :Provided that, if the Executive Engineer is satisfied that the excess area was irrigated through a bona fide mistake, no charge shall be made in respect of the following excesses :-Excess of 1 guntha when water-supply has been sanctioned for an area of 1½ acres or less.Excess of 2 gunthas when water-supply has been sanctioned for an area of 1½ to 4½ acres-Excess of 3 gunthas when water-supply has been sanctioned for an area of 4½ to 9 acres.Excess of 4 gunthas when water-supply has been sanctioned for an area of 9 to 15 acres.Excess of 5 gunthas when water-supply has been sanctioned for an area of more than 15 acres.26. Charges to be imposed when water supplied through a watercourse is suffered to run to waste.
- When water supplied through a watercourse is suffered to run to waste, the Executive Engineer may, under section 46, charge -27. Exemptions from water rates in respect of blocks.
| (i) | For the first year of the block period. | Within one month from the date of sanction. |
| (ii) | For subsequent years of the block period - | |
| (a) | In respect of sugarcane, fruit and garden blocks. | Before 15th November preceding the year beginning fromFebruary 15 for which exemption is required. |
| (b) | In respect of two season blocks. | Before 15th September preceding the cold weather season forwhich exemption is required : |
28. Remission of water rates.
- Remission of the whole or a part of the water rate payable by any person in respect of the supply of water for the purpose of irrigation to any land may be granted where such person has suffered loss -29. Claims for remission under rule 28.
30. Readings maintained of water gauges and meters by the Irrigation Department to be accepted as authoritative.
- In cases of dispute regarding water supply or remission or exemption from water rate, the water gauges and meters maintained by the Irrigation Department shall, if certified by the Executive Engineer to have been in good order during the period to which the dispute relates, be held to furnish authoritative data for all calculations of discharge.Part VI – Emergency Rules
31. List of labourers; when to be prepared.
- Whenever it appears to a Canal Officer duly empowered to act under section 58, that circumstances may probably arise which will render it necessary for the provisions of that section to be put into operation, for the execution of any repair, clearance or other work which is being or is about to be carried on by the Irrigation Department, he shall communicate with the Collector. The Collector shall thereupon cause a list to be prepared of able-bodied persons liable to be required to assist under section 58. Such list may from time to time be revised and amended.32. Area for which list of labourers should be prepared.
- Every list of labourers prepared under rule 31 shall, subject to the next following rule, include the names of persons holding land or resident within such distance from the locality, of the repair, clearance or work as the Collector, having regard to the number of persons likely to be required to assist at such repair, clearance or work, shall think proper.33. Classes of persons to be included in or exempted from list of labourers.
- Every list of labourers prepared under rule 31 shall contain the name of every able-bodied landholder holding land within the area fixed by the Collector under the last preceding rule and of every able-bodied man or woman who resides within such area and earns his or her livelihood by manual labour :Provided that -34. Publication of list of labourers.
- The Collector shall cause the names of the persons holding land or resident in any village within the area fixed under rule 32 and included in a list of labourers to be posted in the chavdi or in some other public building in such village, and to be proclaimed in the village by beat of drum.35. Hearing of objections.
- Any person whose name is entered in a list of labourers may apply in writing to the Collector to have his name removed therefrom. The Collector, after such inquiry (if any) as he thinks necessary, shall record his decision in writing rejecting or granting the application.Part VII – Appeals
36. Appeals.
37. Manner of preferring appeals.
- All appeals preferred under the Act or under these rules must be made by a written petition signed by the appellant. Such petition may be delivered at the office of the appellate authority by the appellant in person during office hours or forwarded through post.Part VIII – Miscellaneous
38. Water rates chargeable under section 48.
- Without the special sanction of the State Government water rates under section 48 shall not be charged on the land watered by a well or wells sunk at a distance of more than 100 feet from any canal situated in the Northern, Central and Southern Circles, or on land watered by a well or wells sunk, before 3rd July, 1936 at a distance of more than 100 feet from any canal situated in the Deccan Irrigation Circle :Provided that, such well or wells is or are fed by natural percolation only and not by a surface channel or a constructed underground channel or pipe.39. Closing of canal.
- No canal shall be closed for the execution of any repairs, alterations or additions thereto, except in case of emergency, without the previous sanction of the Superintending Engineer, or of the Executive Engineer duly empowered in this behalf by the Superintending Engineer. The Superintending Engineer or the Executive Engineer duly empowered shall fix the period or periods for which the supply of water may be stopped on account, of the execution of such repairs, etc. Every intended closure of a canal shall, as far as may be practicable, be notified at least 8 days in advance. In case of emergency the Canal Officer of the highest rank on the spot may close a canal and fix the said period or periods and shall report the matter to the Superintending Engineer.40. Passing of persons, animals or vehicles in or across canals.
41. Maintenance of water-courses.
- For the purpose of sub-section (b) of section 21 "maintenance" of a water-course shall include the construction of -42. Maintenance of Record of Rights and Register of Mutations.
- Copies of the Record of Rights and Register of Mutations shall be maintained at each Sectional Office or other convenient centre.Part IX
43.
Notwithstanding anything contained in these rules, every application for the supply of water free of charge for agricultural purposes and not for commercial or industrial purposes including the cultivation of sugarcane by sugar companies from a canal vesting in the Government and on which Government has not incurred any expenditure, shall be made in accordance with the provisions of this Part.44.
45.
Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions.46.
The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility.47.
Crops irrigated by the water supplied under this Part shall be separated from all crops irrigated by water supplied otherwise under the rules by atleast 50 at all places.48.
The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanctioned for his lands.49.
When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry strip of not less than 15 feet between the outer toes of the inner banks of the channels.50.
When canal water is crossed by lift channels, the crossing shall be of pacca masonry and pipe crossing shall be to the entire satisfaction of the Canal Officer.51.
When water is allowed to be used by means of a pumping plant, the pumping or "Take off" arrangement shall be beyond the radius of 300 feet from the edge of the canal boundary or distributary boundary limit.52.
The area for which the water has been sanctioned by the Executive Engineer shall be marked on a plan which shall be signed by the applicant.53.
No claim for compensation on account of damage to crops due to the failure or deficiency of water shall be entertained.54.
For using water after the expiry of the period of the pass or without obtaining a pass for use of water or for breach of any of the aforesaid conditions the applicant shall be charged full water rates leviable, and shall also be liable to the penalties imposed under the provisions of the Bombay Irrigation Act, 1879, and the rules framed thereunder. In such a case, the pass issued to him shall also be cancelled if the period of its validity has not already expired.55.
No other canal water shall be granted to or utilized for the areas brought under cultivation under the pass issued under this Part.56.
Areas of crops grown in excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and in addition the applicant shall be liable to penalties imposed for unauthorised irrigation under the Bombay Irrigation Act, 1879, and rules framed thereunder.57.
No water shall be taken by the applicant before his application has been sanctioned and before a pass has been delivered to him.Form I| Name of village | Distribution | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Area applied for | |
| Channel No. | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the............of the land for which water has been applied for above.
3. The name and address of persons to whom and the manner in which the order on this application should be delivered are :-
Date ......20 .........Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant or jointoccupants or superior holder or jointsuperior holders in cases in whichthe applicant is not the owner.Forwarded for sanction as follows:-| (1) ...................... | } | As per Form No. VIII. |
| (2) ...................... | ||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for application for the supply of water on block-system for the irrigation of crops (other than 'pan', sugarcane and other perennial crops), during the monsoon and cold weather seasons only.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such application. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order on this application is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre. However, when an application has been made for the supply of water in respect of a holding comprising the entire area of a Survey No. or Plot No. and when such application is considered suitable for sanction, sanction will be given in respect of the whole holding.
Conditions1. Water will be reserved in the monsoon and cold weather seasons for the sanctioned area for the light type of Bhusar crops, or for medium type of crops such as 'Paddy' and 'Khapali' to such limited extent as the Executive Engineer in charge of the Canal, may decide from time to time.
Explanation. - "Light type Bhusar crops" means crops which do not require water in every turn of irrigation.2. The area sanctioned shall not be exceeded but, if the irrigator wishes to irrigate, in any year, an area in excess of the sanctioned area, he may submit an application for the same in Form VII. Such applications will be given preference over those received from other applicants who are not block-holders.
3. If the person, on whose application the supply is sanctioned, desires to shift the whole or part of his block from the sanctioned plot to another plot, he will be allowed to do provided he applies for such change before 15th April immediately preceding the 15th June from which the change is required.
4. Water rates shall be charged for the monsoon and cold weather seasons for the whole period of the sanction so long as water is made available, whether or not the area is irrigated in the monsoon and cold weather seasons :
Provided that, if in any particular year an applicant is unable to irrigate the whole or part of the block area for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided further that he applies in Form X for such exemption before the dates specified below:-5. The sanction to a block may be cancelled at the request of the block-holder
6. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for definite breach of any rule of the Bombay Canal Rules, 1934, or any of the conditions of this form of application.
Additional condition 7 for Ashti, Pathri, Koregaon and Ekruk Tanks7. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel though his land, if necessary along a line fixed by the Executive Engineer or his representative for the benefit of irrigators whose fields are situate below his land.
Note. - Condition 1 above does not apply to Ekruk Tank.(Additional conditions for Ekruk Tank)8. Water will be reserved in the cold weather season for the sanctioned area for rabi crops subject to the condition that if water is taken for kharif or two-season crops no water shall be guaranteed for rabi crops. The block holder may substitute for each 1½ acres of Kharif or Rabi crops 1 acre of two-season crops.
9. Water is liable to be withheld at any time but full water rates shall be payable for the sanctioned area entered at No. (1) on the form for the cold weather season whether the area is irrigated or not, provided water was available during the period.
(Statement in Marathi & Form No. I-A Not Printed)Form I-BForm of application for water for irrigation in Rabi BlocksNo. of application :ToThe Executive Engineer....................... Division.I, resident of Taluka..............District.......make this application for the supply of water from Canal/Tank in the Rabi Season of .......... years in succession from 15th October, 20.... to 14th February, 20..., subject to the provisions of the Bombay Irrigation Act, 1879, and any other law for the time being in force relating to irrigation and subject to the Bombay Canal Rules, 1934, or to the Canal Rules from time to time being in force, and to all the conditions specified on the reverse of this application to which I agree, for the purpose of irrigating the land hereafter described:-| Name of village | Distributing | Survey No. | Pot No. | Total area of the Survey No. or Pot No. | Total area in possession of the applicant, in the Survey No. or PotNo. | Area applied | |
| Channel | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the ...........of the land for which water has been applied for above.
3. The name and address of the person and the manner in which the order on the application should be delivered, are :
Date ......... 20...Signature of the witness.Signature or left hand thumb impressionof the applicant.| Signature or left hand thumb impression of the occupant orjoint occupants, or superior holder or joint superior holders, inthe case in which the applicant is not the owner or the protectedtenant under the Bombay Tenancy and Agricultural Lands Act, 1948. | } | ............ |
| (To be filled in by the Canal Inspector) | (To be filled in by the Sectional Officer) | |||
| 1. | Information filled in columns 2 and 3 above of the tabularform is/is not correct. | 1. | The date of receipt of water application ............. | |
| 2. | The area applied for above is/is not isolated and can/cannotbe irrigated suitably. | 2. | The applicant is/is not the owner, the protected tenant,ordinary tenant, the lessee of the land. | |
| 3. | There is/is not any possibility of mixing-up of canal and wellwater. | 3. | In case he is lessee the period of the lease from .... to .... | |
| Date............... | Canal Inspector. | 4. | The land is/is not "INAM" and is/is not encumbered. | |
| 5. | The applicant is/is not a defaulter. | |||
| 6. | The Survey numbers and the areas given in columns 4 to 7 aboveof the tabular form is/is not correct. | |||
| 7. | Advance water rate paid as per T. R. No. ...... for an areaof.... for the period .... | |||
| 8. | Recommended for sanction for rejection, for the reasonsthat... | |||
| Date................ | Sectional Officer,...... Section. |
1. Total block-area to be sanctioned A.............. G....................
2. Period of sanction, from time ........... to..........................
3. Water to be charged per Acre, Rs................
Date ........Sub-Divisional Officer,......... Sub-Division.1. Pass No............. dated the ........."Sanctioned"
2. Serial No..........of the sanctioned Form XVIII.
Date ..............Executive Engineer,................. Division.Details of land mortgage security, furnished in the prescribed form Survey No. ......... of an area of ........ Acres .............. Gunthas, of village ........... Taluka............ District ........., given as security in Form IX............... Fold here ..........Fold here..............................Slip to be given to the applicant when the application for the "Rabi Block" is rejected| 1. | Application No. | ........... |
| 2. | Date of receipt of the application | ........... |
| 3. | Name of applicant | ........... |
| 4. | Canal or Tank | ........... |
| 5. | Distributory No. | ........... |
| 6. | Outlet No. | ........... |
| 7. | Village and Survey No. | ........... |
| 8. | Area of Rabi Block, applied | ........... |
| 9. | Period of application | ........... |
| 10. | Reasons for rejection | ........... |
| Canal or Tank ......... | Area ofRabiBlock, | A | G |
| Distributory No. and Outlet No.... | Period for which applied, from …..........to............ | ||
| Village........... | Date of receipt of water application................... | ||
| Survey No. and Plot No. ............ | Remarks ................... | ||
| Name of applicant......... | |||
| Designation and dated signature of the Officer, receiving thewater application. |
1. This form is to be used for application for the supply of water on block-system, for the irrigation of light Rabi Seasonal Crops (vide condition 1, below), during the cold weather season only.
2. The application is to be submitted to the Executive Engineer or to any other officer authorised by him to receive such application; it may be sent by hand, presented personally or sent by post.
3. When the application is sanctioned, a pass will be issued to the applicant. When it is rejected the slip annexed hereto, will be issued, stating reasons for rejection.
4. The applicant must fill in the blanks in items 2 and 3 below the tabular form overleaf.
5. No sanction will ordinarily be given for the irrigation of any land, to any person, other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. Any applicant may be required to execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be requested to obtain the assent of any person having an interest in the land to the grant of sanction to him.
7. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of application.
8. The Executive Engineer will ordinarily sanction areas which are in multiples of half acre. In the cases, where the whole holding of a Survey No. or Plot No. is applied for, and is suitable for sanction of half acre multiple will be insisted upon, and the whole area so applied, will be sanctioned. Area less than one acre will not be sanctioned.
Conditions1. Such light Rabi seasonal crops only as are shown on September-October rains will get water in these Rabi Blocks Water will be supplied for sowing only in the case of total failure of rains, in a year, till about 10th of October.
2. Normally, only two watering at an interval of about thirty days will be allowed. If in any year, the water-supply will be found to be inadequate, only one watering will be given; and if extra supply be available a third watering may be given.
3. The sanctioned area shall not be exceeded.
4.
5. Where no permanent water channel exists, the irrigator shall allow the construction of a temporary channel through his land, if necessary, along a line fixed by the Executive Engineer or his representative, for the benefit of the irrigators whose fields are situated below his land.
6. The block sanction is liable to be cancelled, or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for definite breach of any rule of the Bombay Canal Rules, 1934, or the Canal Rules for the time being in force, or any of the conditions of this form of application.
Form II| Name of village | Distribution | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Total area applied for | |
| Channel No. | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the .......... of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are:-
Date ..... 20....Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant or jointoccupants, or superior holder or jointsuperior holders, in cases in whichthe applicant is not the owner.Forwarded for sanction as follows :-| Name of sureties | (1) | } | In Form VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for applications for the supply of water on the block system for the irrigation of sugarcane in those cases where the area of sugarcane permitted to be grown in the block is limited to one-third of the block area.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants. (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will sanction blocks subject to a minimum of and in multiples of 1½ acres. The different half acre plots forming a block may not be contiguous but must be on the same outlet.
Conditions1. The area of sugarcane shall not exceed one-third of the total area of the block except as provided below :-
When new sugarcane is to be planted at some time before a standing crop in the same block is cut, permission will given for such planting, although the total area of the standing crop and the newly planted crop exceeds one-third of the block area, on the following conditions and in the following circumstances :-2. No second ratoon of sugarcane shall be allowed. Water shall not be supplied to any piece of land for irrigation more than three sugarcane crops during any period of five irrigation years.
3. To the remaining two-third area of the block, water shall be given for irrigation for about eight months, from 15th June (if water be available) or from the break of the monsoon till the 14th February following. This area shall not be irrigated either from the canals or wells between the 15th February and the 14th June of the following year except as provided below:-
If water is available, sanction shall be given on Form VI to pre-seasonal waterings subject to the following conditions :-4. If sugarcane is not grown on the full one-third area of the total block area, twice the area in units not so utilised may be planted with other crops (excluding long-term fruit trees and pan gardens). If sugarcane or other crops grown in lieu thereof fail, a similar or lower rated crop or a succession of such crops may be planted on the same or any other equal area of the block in lieu thereof.
5. The block rate shall be payable for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. If in any particular year the applicant is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below and that the proportion of sugarcane to other crops is not thereby increased in the area that remains over after the said exemption -
| (i) | For the first year of the block period. | Within one month from the date of sanction. |
| (ii) | For subsequent years of the block period. | Before 15th November preceding the year beginning fromFebruary 15th for which exemption is required. |
6. The block may be cancelled at the request of the block-holder -
7. When exemption from water rate is granted in accordance with condition 5 above subsequent permission to irrigate the whole or part of the block area so exempted shall, if water be available, be given only at 1¼ times the block rate, subject to the proviso that if it is desired subsequently to irrigate seasonal or two season crops only in the exempted portion permission may be granted at the sanctioned rates provided that an application in Form VII is received before the date fixed in accordance with rule 5(1) of the Bombay Canal Rules, 1934.
8. When a sugarcane block is cancelled at the request of the irrigator under condition 6 a further supply of water for the irrigation of sugarcane within the area of the cancelled block shall not be sanctioned within a period of one year from the date of such cancellation.
9. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.
(Statement in Marathi Not Printed)Form III| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Total area applied for | |
| Channel No. | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are :-
Date ...... 20 .Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumb impression of theoccupant or joint occupants, or superior holderor joint superior holders, in cases in which theapplicant is not the owner.Forwarded for sanction as follows :-| Name of sureties | (1) | } | In Form VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for applications for the supply of water on the block system or the irrigation of sugarcane in those cases where the area of sugarcane permitted to be grown in the block is limited to one-fourth of the block area.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom this order is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will sanction block subject to a minimum of and in multiples of 1½ acres. The different half acre plots forming a block may not be contiguous but must be on the same outlet.
Conditions1. The area of sugarcane shall not exceed one-fourth of the total area of the block except as provided below :-
When new sugarcane is to be planted at some time before a standing crop in the same block is cut, permission will be given for such planting, although the total area of the standing crop and the newly planted crop exceeds one-fourth of the block area, on the following conditions and in the following circumstances2. No second ratoon of sugarcane shall be allowed. Water shall not be supplied to any piece of land for irrigating more than two sugarcane crops during any period of five irrigation years.
3. To the remaining three-fourth area of the block water shall be given for irrigation for about eight months from 15th June (if water be available) or from the break of the monsoon till the 14th February following. This area shall not be irrigated either from the canals or wells between the 15th February and the 14th June of the following year except as provided below:-
If water is available, sanction shall be given in Form VI to pre-seasonal waterings subject to the following conditions :-4. If sugarcane is not grown on the full one-fourth area of the block, twice the area in units not so utilised may be planted with other crops (excluding long-term fruit trees and pan gardens). If sugarcane or other crops in lieu thereof fail, a similar or lower rated crop or a succession of such crops may be planted on the same or any other equal area of the block in lieu thereof.
5. The block rate shall be payable for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. If in any particular year, the applicant is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below and that the proportion of sugarcane to other crops is not thereby increased in the area that remains over after the said exemption -
| (i) | For the first year of the block period. | Within one month from the date of sanction. |
| (ii) | For subsequent years of the block period. | Before 15th November preceding the year beginning fromFebruary 15th for which exemption is required. |
6. The block may be cancelled at the request of the block-holder -
7. When exemption from water rate is granted in accordance with condition 5 subsequent permission to irrigate the whole or part of the block area so exempted shall, if water be available, be given only at 1¼ times the block rate, subject to the proviso that if it is desired subsequently to irrigate seasonal or two season crops only in the exempted portion permission may be granted at the sanctioned rates provided that an application in Form VII is received before the date fixed in accordance with rule 5(1) of the Bombay Canal Rules, 1934.
8. When a sugarcane block is cancelled at the request of the irrigator under condition 6 a further supply of water for the irrigation of sugarcane within the area of the cancelled block shall not be sanctioned within a period of one year from the date of cancellation.
9. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.
(Statement in Marathi Not Printed)Form IV| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Area applied for in the block | |
| Channel No. | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered :-
Date ....... 20...Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant or jointoccupants, or superior holder orjoint superior holders, in cases inwhich the applicant is not the owner.Forwarded for sanction as follows:-| Date 20... | Executive Engineer, | Division. |
| Name of sureties | (1) | } | As per Form No. VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for the irrigation of trees with normal life of 15 years or more, i.e., excluding plantains, papayas and similar short lived species, in areas in which water can ordinarily be supplied at regular intervals throughout the year.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with the Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office or kept at any office to be called for. postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants, (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. And he may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre.
10. Water passes in respect of this form shall not be granted for a period extending beyond twelve years after the 14th February of the year in which the next revision of water rates falls due.
Conditions1. The water rates shall be payable provided water is available for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block. The applicant may, however, terminate the block agreement by giving six months' notice in writing.
2. New trees may without special permission be planted to replace those that have died on the distinct understanding that this shall in no way entitle the applicant to an extension of the period of sanction.
3. If the kind of fruit trees applied for and sanctioned do not thrive and another kind is to be grown, the applicant may, after giving three months' notice in writing to the Executive Engineer, grow in lieu thereof any other kind of fruit trees unless the Executive Engineer has within that time cancelled the pass. Also if for any reason the pass for fruit trees cannot be utilised for fruit trees for any period the applicant may, after giving a week's notice in writing to the Executive Engineer, grow in lieu thereof any other short lived perennials or season crops.
4. If in any particular year the person on whose application the supply is sanctioned is unable to irrigate the whole or a part of the block for which water has been sanctioned he may be granted exemption from the water rates payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the dates specified below:-
| (i) | For the first year of the block period. | Within one month from the date of sanction. |
| (ii) | For subsequent years of the block period. | Before 15th November preceding the year beginning fromFebruary 15th for which exemption is required. |
5. When exemption from water rate has been sanctioned in accordance with condition 4, subsequent permission to irrigate the area so exempted in the cold and hot weather seasons shall, if water be available be given only at 1¼ times the rate prescribed for the respective seasons.
6. A block may be cancelled at the request of the block-holder -
7. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.
(Statement in Marathi Not Printed)Form V| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Area applied for in the block | |
| Channel No. | Outlet no. | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| A. g. | A. g. | A. g. |
2. I am the of the land for which water has been applied for above.
3. The name and address of person to whom and the manner in which the order on this application should be delivered are:-
Date ...... 20 ........Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant or jointoccupants, or superior holder or jointsuperior holders in cases in which theapplicant is not the owner.Forwarded for sanction as follows| Date 20...Sanctioned. | Sub-Divisional Officer, | Sub-Division. |
| Date 20... | Executive Engineer, | Division. |
| Name of sureties | (1) | } | As per Form No. VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for the irrigation of perennial crops other than sugarcane, pan or long term fruit trees in areas in which water can ordinarily be supplied at regular intervals throughout the year.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with Executive Engineer's final order.
4. The applicant should note in the space provided at No. 3 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sole occupant or all joint occupants. (2) the sole superior holder or all joint superior holders, (3) a person having the right to carry on irrigated cultivation of the land for the period of the sanction, or (4) a person duly authorised on behalf of any of these to receive such sanction.
6. The applicant must state at No. 2 on the form the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cultivation in the land.
7. Any applicant may be required to furnish a Bond in Form VIII executed by two suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
8. Sanction will be refused for the irrigation of any land which is found to be unsuitable for this form of irrigation.
9. The Executive Engineer will ordinarily sanction areas which are multiples of half an acre.
10. Water passes in respect of this form shall not be granted for a period extending beyond the period of the sugarcane block sanctioned on the canal concerned at the time of sanctioning this form. If the sanctioned period of the sugarcane blocks at the time exceeds three years this form shall not be sanctioned for a period less than three years.
Conditions1. The water rates shall be payable provided water is available for the whole area for which the sanction for the supply of water is in force without reference to the nature or extent of irrigated cultivation within the block.
2. If for any reason the person on whose application the supply is sanctioned is unable to cultivate perennial crops in the sanctioned block or a part thereof for any period he may grow in lieu thereof any seasonal crops or a succession of such crops.
3. If in any particular year the person on whose application the supply is sanctioned is unable to irrigate the whole or part of the block for which water has been sanctioned, he may be granted exemption from the water rates, payable in respect of such whole or part of the block, as the case may be, provided that he applies on Form X for such exemption from water rates before the date specified below :-
| (i) | For the first year of the block period. | Within one month from the date of sanction. |
| (ii) | For subsequent years of the block period. | Before 15th November preceding the year beginning fromFebruary 15th for which exemption is required. |
4. When exemption from water rates has been sanctioned in accordance with condition 3 above subsequent permission to irrigate the area so exempted in the cold and hot weather seasons shall, if water be available, be given only at 1¼ times the rate prescribed for the respective seasons.
5. A block may be cancelled at the request of the block-holder -
6. The block sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Bombay Canal Rules, 1934.
(Statement in Marathi Not Printed)Form V-A(Marathi Not Printed)| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Total area applied for water for water supply | Period | |
| Channel No. | Outlet no. | |||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Total area applied for | Name of crop | Period for which water is required | |
| Channel No. | Outlet no. | ||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| A. g. | A. g. | A. g. | |||||||
2. I am the of the land for which water has been applied for above.
| 3. I hold a| second pass for the season of 20...................Block pass for the year ending 14th February, 20 ........... |
4. The name and address of the person to whom and the manner in which the order on this application should be delivered are:-
Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant orjoint occupants, or superior holderor joint superior holders, in cases inwhich the applicant is not the occupantor superior holder.Forwarded for sanction as follows :-| Name of sureties | (1) | } | As per Form No. VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |
1. This form is to be used for additional waterings only, i.e., for waterings required for areas already sanctioned under any one of the other forms of applications laid down under rule 4(3) of the Bombay Canal Rules, 1934, for short period not covered by the respective sanctions.
2. The application is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post.
3. When order is passed, the duplicate form will be returned to the applicant endorsed with Executive Engineer's final order.
4. The applicant should note in the space provided under Entry No. 4 on the form the name and address of the person to whom the order of the Executive Engineer is to be given and whether the order should be sent by post or delivered from any canal office, or kept at any office to be called for, postal intimation being sent when it is ready for delivery.
5. No sanction on this form will be given for the irrigation of any land for the irrigation of which a seasonal, a perennial or a block pass has not already been Issued or a seasonal, perennial or a block application is not submitted along with this form. At No. 3 on the form the applicant must state the number and kind of pass he holds.
6. Any applicant must be required to furnish a Bond in Form VIII executed by suitable sureties or execute a mortgage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be supplied under the sanction. He may also be required to obtain the assent of any person having an interest in the land to the grant of sanction to him.
7. The Executive Engineer will ordinarily sanction areas which are multiples of half acre.
Conditions1. After an application has been sanctioned, full water rates shall be payable for the area and period sanctioned by the Executive Engineer whether the area is irrigated or not, provided water was available during the period. No water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engineer within one month from the date of sanction to the application that water is not required.
2. The sanctioned area shall not be exceeded.
3. The sanction is liable to be cancelled or the supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely without notice for breach of any rules of the Bombay Canal Rules, 1934, or of condition 2.
(Statement of Marathi Not Printed)Form VII| Name of village | Distributing | Survey No. | Pot No. | Total area of Survey No. or Pot No. | Total area of the holding in Survey No. or PotNo. | Total area applied for | Name of crop | Period for which water is required | |
| Channel No. | Outlet no. | ||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| A. g. | A. g. | A. g. | |||||||
2. 1 am the..........of the land for which water has been applied for above.
3. I have paid all arrears of water rates up to and including the........... season of 20... I am in arrears of water rates for the ....... only.
4. The name and address of person to whom and the manner in which the order on this application should be delivered are
Date ..... 20...Signature or left hand thumbimpression of the applicant.Signature of the witness.Signature or left hand thumbimpression of the occupant orjoint occupants, or superior holderor joint superior holders, in cases inwhich the applicant is not theoccupant or superior holder.Forwarded for sanction as follows:-| Name of sureties | (1) | } | As per Form No. VIII. |
| (2) | |||
| S. No....... of........ given as security as per Form IX. |