GUJARAT IRRIGATION AND DRAINAGE ACT, 2013 THE GUJARAT
IRRIGATION AND DRAINAGE ACT, 2013 [Act No. 06 of 2013] [22nd March, 2013] An Act to provide for
irrigation and drainage in the State of Gujarat. WHEREAS
it is necessary to make provisions for the construction relating to irrigation
in the State of Gujarat and for the matters connected therewith and incidental
thereto. It
is hereby enacted in the Sixty-fourth Year of the Republic of India as
follows:- (1) This Act may be called the Gujarat Irrigation and
Drainage Act, 2013. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint. (4) It shall apply to all the works constructed or
maintained relating to irrigation by the State Government, State Government
Institutions and Grant-in-Aid Institutions of the State and includes all
services rendered thereof. In
this Act, unless the context otherwise requires,- (1) "Appellate Authority" means Canal-Officer
of the rank of the Executive Engineer of the concerned project or part of the project; (2) "canal" includes- (a) all canals, channels, water-courses, pipes and
reservoirs constructed, maintained or controlled by the Government for the
supply or storage of water; (b) all works, embankments, structures and supply and escape-channels
connected with such canals, channels, pipes or reservoirs; and all roads
constructed for the purpose of facilitating the construction or maintenance of
such canals, channels, pipes or reservoirs; (c) all field channels, drainage-works and flood
embankments; (d) river, stream, lake, natural collection of water or
natural drainage-channels or any part thereof, to which the State Government
may apply the provisions of section 4, or the water of which has been applied
or used before the passing of this Act for the purpose of any existing canal; (e) all lands belonging to the Government which are
situated on a bank of any canal, and which have been appropriated under the
orders of the Government for the purposes of such canal; (f) all tubewells, artesian wells, borewells and
dugwells, constructed by the Government and maintained or controlled by the
Government; (g) percolation tank or pond used for recharge of
ground water; (3) "Canal-officer" means any person or an
officer appointed as a canal-officer under section 3 for the purposes of the
Act; (4) "drainage work" means any work in
connection with a system of irrigation or reclamation made or improved by the
Government for the purpose of the drainage, whether under the provisions of
section 14 or otherwise, and includes escape-channels from a canal, dams,
weirs, embankments, sluices, groins and other works-connected therewith, but
does not include works for the removal of sewage from towns; (5) "Federation" means a federation of
recognised associations; (6) "field channel" means any channel or
pipe, constructed and maintained by the holder of a land either by himself or
jointly with other holders of lands or constructed by the Government and
maintained by such holder or holders beyond a water-course and includes all
subsidiary works connected with any such channel or pipe; (7) "flood-embankment" means any embankment
constructed or maintained by the Government in connection with any system of
irrigation or reclamation works for the protection of lands from inundation or
which may be declared by the Government to be maintained in connection with any
such system, and includes all groins, spurs, dams and other protective works
connected with such embankments; (8) "Government" means the State Government; (9) "land under irrigable command of a canal"
means such lands as are irrigated or capable of being irrigated from the canal,
being under its command and shall include such lands as are or shall be deemed
to be irrigated within the meaning of section 34; (10) "Lift Irrigation Scheme" means the scheme
in which the water is pumped from water body such as river, stream, drain,
nalla, kotar lake, pond, reservoir, bandhara, canal, tube-well, natural
collection of water, etc. and supplied to the area situated at higher elevation
for the purpose of irrigation or other purpose; (11) "outlet" means an opening in a canal
through which water is delivered into a water-course, field-channel, pipeline
or directly to any land; (12) "owner" includes every person having a
joint interest in the ownership in land, building or such other things; and all
rights and obligations which attach to an owner under the provisions of this
Act shall attach jointly and severally to every person having such joint
interest in the ownership; (13) "prescribed" means prescribed by rules
made under section 47; (14) "Water Conservation Structure" means any
structure permanent or otherwise constructed or maintained for the purpose of
impounding or diverting water of any river, stream, lake or any natural
collection of water and includes any dam, weirs, bandhara, tidal regulator,
checkdam, sluices, head walls, groins, spreading channels or any other works
constructed for water conservation; (15) "water-course" means a channel
constructed and maintained at the cost of the Government to supply water from
an outlet; (16) "Water Users' Association (WUA)" means an
Association as defined by clause (1) of section 2 of the Gujarat Water Users'
Participatory Irrigation Management Act, 2007 (in short "PIM Act,
2007"); For
carrying out the purposes of this Act, the State Government may by notification
in the Official Gazette- (a) appoint such officers not below the rank of
Overseer or Additional Assistant Engineer as the canal-officer and assign to
them such powers and such duties under this Act, as the State Government may
deem fit and also specify the area of jurisdiction; (b) authorise or empower the water users' association
to appoint the office bearer of the Association to exercise such powers and
perform such duties of the canal-officer, as the State Government may deem fit
and also specify the area of jurisdiction. Whenever
it appears expedient or necessary to the Government that the water of any river
or stream flowing in a natural channel, or of any lake or any other natural
collection of still water, should be applied or used by the State Government
for the purposes of any existing or projected canal, the State Government may,
by notification in the Official Gazette, declare that the said water shall be
so applied or used after such date as may be specified in the said
notification, not being earlier than three months from the date thereof. At
any time after the date specified under section 4, any canal-officer duly
empowered in this behalf may enter on any land, remove any obstruction, close
any channel and do any other thing necessary for such application or use of the
said water and for such purposes may take with him, or depute or employ, such
employees and other persons as he deems fit. Whenever
it is expedient or considered necessary to make any inquiry or examination in
connection with a projected canal, or with the maintenance of an existing
canal, any canal-officer duly empowered, in this behalf, and any person acting
under the general or special order of any such canal-officer may,- (a) enter upon such land as he may think necessary for
the purpose, and (b) exercise all powers and do all things in respect of
such land as if the State Government had issued a notification under the
provisions of section 4 of the Land Acquisition Act, 1894(1 of 1894) to the
effect that such land in that locality is likely to be needed for the public
purpose, and (c) set up and maintain water-gauges and do all other
things necessary for the prosecution of such inquiry and examination. Any
canal-officer or any person acting under the general or special order of any such
canal-officer, may enter upon any land, building or water course, in respect of
which any water-rate is chargeable, for the purpose of inspecting or regulating
the use of the water supplied, or of measuring the land irrigated thereby or
chargeable with a water-rate, and of doing all things necessary for the proper
regulation and management of the canal from which such water is supplied. In
case of any accident being apprehended or happening to a canal, any
canal-officer and person acting under the general or special order of any such
canal-officer, may enter upon any land adjacent to such canal, and may take
away trees and other materials, and execute all works, which may be necessary
for the purpose of preventing such accident or repairing any damage done. When
a canal-officer or other person proposes, under section 6, 7 or 8, to enter
into any building or enclosed court or garden attached to a dwelling-house, not
supplied with water from a canal, and not adjacent to a flood-embankment, he
shall give prior notice to the occupier of such building, court or garden, as
the urgency of the case may allow. (1) The crossing canals shall be provided at such
places as the Government thinks necessary for the reasonable convenience of the
inhabitants of the adjacent land, and suitable bridges, culverts or other works
shall be constructed to prevent the drainage of the adjacent land being
obstructed by any canal. (2) The Government may approve the crossing of canal
systems by all types of utility lines, if it deems fit, after obtaining
necessary deposits, rent, maintenance and repair charges and other applicable
charges. (3) The Government may approve the crossing of natural
drain, diversion of natural drain by earthen bund or by any means if it deems
fit. (1) Whenever it appears to the State Government that
injury to the public health', or public convenience, or to any canal or to any
such land for which irrigation from a canal is available, has arisen or may
arise from the obstruction of any river, stream or natural drainage-course, it
may, by notification in the Official Gazette, prohibit, within the limits to be
defined in such notification, the formation of any such obstruction, or may,
within such limits, order the removal or other modification of such
obstruction. (2) On publication of the notification under
sub-section (1), the said river, stream or natural drainage channel, as is
comprised within such limits, shall be held to be a drainage work as defined by
clause (4) of section 2. Any
canal-officer may, after publication of the notification under sub-section (1)
of section 11, by an order, direct to any person causing or having control over
any such obstruction to remove or modify the same within such time as may be
specified in such order. If
within the time specified under section 12 such person does not comply with the
order, the canal-officer may cause the obstruction to be removed or modified at
the cost of such person; and if the person to whom the order was issued does
not, when called upon, pay the expenses of such removal or modification, such
expenses shall be recoverable by the Collector as an arrear of land-revenue. (1) Whenever it appears to the State Government that
any drainage work is necessary for the public health or for the improvement of
the proper cultivation or irrigation of any land, or that protection from
floods or other accumulations of water, or from erosion by a river, is required
for any land, the State Government may cause a scheme for such work to be drawn
up and carried into execution. (2) The person authorised by the State Government may
authorise any person to draw up and execute the scheme referred to under
sub-section (1) and thereupon such person may exercise in connection therewith
the powers conferred on canal-officer under sections 6, 7 and 8 and shall be
liable to the obligations imposed upon canal-officer under sections 9 and 22. (1) Where there does not exist field channel in any
service area in which lands are capable of being irrigated from a canal, the
State Government may construct the field channel in the public interest at the
cost of the State Government, which is likely to be needed for construction of
proposed field channel. (2) The field channel constructed by the State
Government under subsection (1) shall be maintained in accordance with the
rules as may be prescribed. (1) Every person desiring to have a supply of water
from a canal shall submit a written application to that effect to the
canal-officer, in such form alongwith such fees as may be prescribed. (2) The provisions of sub-section (1) shall not apply
to the projects or part of the project where the minor canal service area is
declared and implemented under section 3 of the PIM Act, 2007(Guj. 18 of 2007). (3) On receipt of an application made under sub-section
(1), the canal-officer may grant permission for water to be taken subject to
such conditions and restrictions, as to the limitation, control and measurement
of the supply to impose in relation to the use of water for any particular
purpose as may be prescribed. The
supply of water to any field-channel or to any person who is entitled to such
supply shall not be stopped except- (a) whenever and so long as it is necessary to stop
such supply for the purpose of executing any work ordered by canal-officer; (b) whenever and so long as may field-channel by which
such supply is received is not maintained in such repair as to prevent the
wasteful escape of water therefrom; (c) whenever and so long as it is necessary to do so in
order to supply in rotation, the legitimate demands of other persons entitled
to water; (d) whenever and so long as it may be necessary to do
so in order to prevent the wastage or misuse of water; (e) within the periods fixed from time to time by a
canal-officer of which due notice shall be given; (f) whenever and so long as it is necessary to stop
such supply pending a change in the source thereof by a canal-officer; (g) in accordance with the condition, if any, providing
for stoppage of water supply, subject to which permission for water supply to be
taken may have been given. When
canal-water is supplied for the irrigation of one or more crops only, the
permission to use such water shall continue until such crop or crops come to
maturity, and shall be valid only for such crop or crops. (1) Every agreement for the supply of canal-water to
any land, building or other immovable property shall be transferable therewith,
and shall be presumed to have been so transferred whenever a transfer of such
land, building or other immovable property takes place. (2) No person entitled to use of any work or land
appertaining to any canal and except in the case of any such agreement as
aforesaid, no person entitled to use the water of any canal, shall sell or
sub-let or otherwise transfer, his right to such use without the permission of
a canal-officer. Compensation
may be awarded in respect of any substantial damage caused by the exercise of
any of the powers conferred by or under this Act, which is capable of being
ascertained and estimated at the time of awarding such compensation: Provided
that no compensation shall be awarded in respect of any damage arising from- (a) deterioration of climate, or (b) stoppage of navigation, or the means of rafting
timber or of watering cattle, or (c) stoppage or diminution of any supply of water in consequence
of the exercise of the power conferred by section 4, if no use has been made of
such supply within the five years prior to the date of issue of the
notification under section 4, or (d) failure or stoppage of the water in a canal, when
such failure or stoppage is due to- (i)?? ?any cause beyond the control of the State
Government, (ii) ??the
execution of any repairs, alterations or additions to the canal, or (iii) ?any
measures considered necessary by any canal-officer for regulating the proper
flow of water in the canal, or for maintaining the established course of
irrigation; but
any person who suffers loss from any stoppage or diminution of his water-supply
due to any of the causes specified in clause (d) shall be entitled to such
remission of the water-rate payable by him as may be authorised by the
Government. No
claim for compensation under this Act shall be entertained after the expiration
of twelve months from the time when the damage complained has commenced, unless
the Appellate Authority is satisfied that the claimant had sufficient cause for
not making the claim within such period. In
every case of entry upon any land or building under section 5, 6, 7 or 8, the
canal-officer or person making the entry shall ascertain and record the extent
of the damage, if any, caused by the entry, or in the execution of any work, to
any crop, tree, building or other property. The canal officer shall within one
month from the date of such entry tender the compensation to the land holder or
owner of the property damaged. If such tender is not accepted, the
canal-officer shall forthwith refer the matter to the Appellate Authority for
the purpose of ascertaining the amount of compensation and deciding the same. If
the supply of water to any land irrigated from a canal is interrupted otherwise
than in the manner described in clause (d) of section 20, the holder of such
land may prefer an appeal for compensation to the Appellate Authority for any
loss arising from such interruption, and the Appellate Authority, after
consulting the canal-officer shall award to the applicant reasonable compensation
for such loss. The
decision of the Appellate Authority under section 22 or 23 as to the amount of
compensation to be awarded, or, if any rule framed under section 47, the
decision of the appellate authority in the matter prescribed under section 47
shall be conclusive and final. As
soon as practicable after the issue of a notification under section 4, the
Collector shall cause a public notice to be given at convenient places, stating
that the Government intends to apply or use the water as aforesaid, and that
claims for compensation may be made before him. A copy of sections 20 and 21
shall be annexed to every such notice. All
claims for compensation under this Act, other than the claims provided for in
sections 22 and 23, shall be made to the Collector of the district in which
such claim arises. (1) The Collector shall inquire into every such claim
and determine the amount of compensation, if any, which may, in his opinion be
given to the claimant, and shall make an award. (2) Every award made under sub-section (1) shall be in
the form of award declared under section 26 of the Land Acquisition Act, 1894(I
of 1894), and the provisions of the said Act shall so far as may be, apply to
the inquiry and the making of an award under sub-section (1). In
determining the amount of compensation under section 27, regard shall be had to
the diminution in the market-value, at the time of awarding compensation, of
the property in respect of which compensation is claimed. Where such
market-value is not ascertainable, the amount shall be reckoned at twelve times
the amount of the diminution of the annual net profits of such property. (1) All sums of money payable for compensation awarded
under section 27 shall be due three months after the claim for such
compensation was made. (2) Simple interest at the rate of six per cent, per
annum shall be allowed on any such sum remaining unpaid after the said three
months, except when the non-payment of such sum is caused by the neglect or
refusal of the claimant to apply for or receive the same. (1) The State Government may determine the rates
leviable for canal-water supplied for purposes of irrigation, or for other
purposes. (2) In case the construction of a new canal or to the
improvement or extension of an existing canal, the amount or duration of any
water-supply, in respect of which either no revenue or a fixed amount of
revenue has hitherto been paid to the State Government, is increased, rates
shall be leviable under this section in respect of the increased water-supply
only. (3) The rates shall be payable by the person on whose
application the water supply was granted, or by any person who uses the water
so supplied. If
water supplied through a field-channel be used in an unauthorised manner, and
if the person by whose act or neglect such use has occurred cannot be
identified- (i) ????the
person or all the persons on whose land such water has flowed, if such land has
derived benefit therefrom, or (ii) ???if no
land has derived benefit therefrom, the person, or all the persons chargeable
in respect of the water supplied through such field-channel, shall be liable, or jointly liable, as
the case may be, for the charges which shall be payable for such use as may be
prescribed. (1) If water supplied through a field-channel be
suffered to run to waste, and if, after inquiry, the person through whose act
or neglect such water was suffered to run waste cannot be discovered, the
person or the persons in-charge of the water supplied through a field-channel
shall be liable, or jointly liable, as the case may be, for payment of such
charges as may be prescribed which shall be made in respect of the water so
wasted. (2) All questions arising under sections 31 and 32
shall, subject to the provisions of section 43, be decided by the respective
canal-officer. All
charges for the unauthorised use or for waste of water may be recovered, as
water-rates, in addition to any penalty as decided by the Government on account
of such use or waste. If
it appears to a canal-officer- (i) ????that
any cultivated land within two hundred meters of any canal receives, by
percolation or leakage from such canal, an advantage equivalent to that which
would be given by a direct supply of canal-water for irrigation, or (ii) ???that
any cultivated land, wherever situate, derives by a surface-flow or by means of
a well-sunk within two hundred meters of any canal after the admission of water
into such canal, a supply of water which has percolated or leaked from such
canal, he may charge on such land a water-rate
not exceeding that which would ordinarily have been charged for a similar
direct supply to land similarly cultivated. Explanation.-
For the purposes of this Act, land charged under this section shall be deemed
to be land irrigated from a canal. If
it appears to a canal-officer to enforce the provisions of this section that
any natural stream, artificial drain or well sunk within two hundred meters of
any canal is deriving percolation water from such canal, and the water from
such stream, drain or well is used for the purposes other than those of
irrigation, he may charge for use of such water, a water rate not exceeding
that as would ordinarily have been charged if the supply had been made from the
canal for such purposes. (1) Every water-rate leviable or charged under this Act
shall be payable in such installments and on such dates and to such officers
and in such manner as may be prescribed; and if the person who is liable to pay
such installments, makes default in such payment on the date when it becomes
due, he shall be liable to pay interest at such rate and within such period as
may be prescribed. (2) Any such rate of the installment specified in
sub-section (1) or the interest which is not paid on the date when it becomes
due shall be deemed to be an arrear of land revenue due on account of the land
for the use of which canal-water was supplied or which was benefited by
percolation or leakage from any canal and shall be recoverable as such arrear
by any of the methods specified in section 150 of the Gujarat Land Revenue
Code, 1879(Bom. V of 1879), including the forfeiture of the said land. (3) Any rent payable to the owner of a field-channel by
a person authorised to use such field-channel may be paid in such installments
and on such dates as the canal-officer shall direct and no more of such rent
shall at any time be payable to the owner thereof than it is actually recovered
from the person liable to pay. (4) (a) Any other sum due to the State Government or to
a canal-officer under the provisions of this Act whether on behalf of the State
Government or any other person under this Act which is not paid when demanded
shall, and (b) any rent or installment thereof payable to the
owner of a field-channel, which is not paid when it becomes due may, on behalf
of the owner, be recoverable as an arrear of land
revenue in accordance with the provisions of the Gujarat Land Revenue Code,
1879(Bom. V of 1879). Whoever
voluntarily and without proper authority- (i)??? ?damages, alters, enlarges or obstructs any
canal; (ii)?? ?interferes with, or increases or diminishes
the supply of water in, or the flow of water from, through, over or under any
canal, or by any means raises or lowers the level of the water in any canal; (iii) ??corrupts
or fouls the water of any canal so as to render it less fit for the purposes
for which it is ordinarily used; (iv)? ?destroys, defaces or moves any land or level
mark or water gauge fixed by the authority of a public servant; (v)? ?destroys, tampers with, or removes any
apparatus or part of any apparatus, for controlling, regulating or measuring
the flow of water in any canal; (vi) ??passes
or causes animals or vehicles to pass, in or across any of the works, banks or
channels of a canal contrary to the rules made under this Act, after he has
been desired to desist therefrom; (vii) ?causes
or knowingly and wilfully permits cattle to graze upon any canal or
flood-embankment, or tethers or causes or knowingly and wilfully permits cattle
to be tethered, upon any such canal or embankment, or roots up any grass or
other vegetation growing on any such canal or embankment, or removes, cuts or in
any way injures, or causes to be removed, cut or otherwise injures any tree,
bush, grass or hedge intended for the protection of such canal or
embankment; (viii) neglects, without reasonable cause to assist
or to continue to assist in the execution of any repair, clearance or work,
when lawfully bound so to do; (ix) ??violates
any rule made under this Act for breach thereof; shall,
when such act shall not amount to the offence of committing mischief within the
meaning of the Indian Penal Code, 1860(XLV of 1860) on conviction before a
Magistrate, be punished for each of such offences with imprisonment for a term
which may extend to three months or with fine which may extend to five thousand
rupees or with both. Whoever
without proper authority- (i) ????pierces
or cuts through or attempts to pierce or cut through or otherwise damage,
destroy or endanger the stability of any canal; (ii) ???opens,
shuts or obstructs or attempts to open, shuts or obstructs any sluice in any
canal; (iii) ??makes
any dam or obstruction for the purpose of diverting or opposing the current of
a river or canal on the bank whereof there is a flood embankment or refuses or
neglects to remove any such dam or obstruction when lawfully required so to do,
shall, when such act shall not amount to the offence of committing mischief
within the meaning of the Indian Penal Code, 1860(XLV of 1860) on conviction
before a Magistrate of the First Class, be punished for each of such offences
with imprisonment for a term which may extend to six months or with fine which
may extend to ten thousand rupees or with both. Whenever
any person is convicted under section 37 or 38, the Magistrate may order that
he shall remove the obstruction or repair the damage in respect of which the
conviction is held, within a period to be fixed in such order. If such person
neglects or refuses to obey such order within the period so fixed, the
canal-officer duly empowered in this behalf may remove such obstruction or repair
such damage and the cost of such removal or repair, as certified by the said
officer, shall be leviable from such person by the Collector, as an arrear of
land revenue. Any
person in-charge of or employed upon any canal may remove from the lands or
buildings belonging thereto, or may take into custody without a warrant and
take forth with before a magistrate or to the nearest police-station, to be
dealt with according to law, any person who within his view, (i) ????wilfully
damages, obstructs or fouls any canal, or (ii) ??without
proper authority interferes with the supply or flow of water in or from any
canal or in any river or stream so as to endanger, damage, make dangerous or render
less useful any canal. Nothing
herein contained shall prevent any person from being prosecuted under any other
law for any act or omission made punishable by this Act: Provided
that no person shall be punished twice in respect of one and the same act or
omission. (1) Whenever any person is fined for an offence under
this Act, the Court which imposes such fine, or which confirms in appeal or
revision a penalty of such fine, or a sentence of which such fine forms part,
may direct that the whole or any part of such fine may be paid by way of award
to any person who furnished information leading to the detection of such
offence or to the conviction of the offender. (2) If such fine is awarded by a Court whose decision
is subject to appeal or revision, the amount awarded shall not be paid until
the period prescribed for presentation of the appeal has lapsed, or if an
appeal be presented till the appeal is decided. (1) Any person aggrieved by the order of the
canal-officer may make an appeal to the Appellate Authority to whom the
canal-officer passing the order is subordinate. (2) No appeal shall be maintainable after the expiry of
thirty days from the date on which the order appealed against was communicated
to the appellant: Provided
that such appeal may be entertained by the Appellate Authority after the said
stipulated period if it is satisfied that there are sufficient reasons for
condoning such delay in preferring the appeal. (3) An appeal shall be made in such manner, to such
authority and shall be accompanied with such fees as may be prescribed. (1) The Appellate Authority under this Act shall have
the same powers for the purposes of making inquiries under this Act as are
vested in the Court under the Code of Civil Procedure, 1908(V of 1908) in
respect of the following matters, namely:- (a) enforcing the attendance of any person as a witness
and examining him on an oath; (b) compelling the production of documents and material
objects; (c) issuing commissions for the examination of
witnesses; and (d) proof of facts by affidavits. (2) All inquiries and appeals under this Act shall be
deemed to be judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code, 1860(XLV of 1860). Service
of any notice under this Act shall be made by delivering or tendering a copy
thereof signed by the officer therein mentioned. Whenever it may be
practicable, the service of the notice shall be made on the person therein
named. When such person cannot be found, the service may be made on any adult
male member of his family residing with him; and if no such adult male member can be found, the notice may
be sewed by fixing the copy on the outer door of the house in which the person
therein named ordinarily dwells or carries on business; and, if such person has
no ordinary place of residence within the district, service of any notice may
be made by sending copy of such notice by post in a registered cover addressed
to such person at his usual place of residence. No
suit, prosecution or other legal proceedings shall lie against the State
Government or any officer or employee of the Government for anything which is
in good faith done or intended to be done in pursuance of the provisions of
this Act or any rule, notification made or issued thereunder. (1) The State Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:- (a) the proceedings of any officer who under any
provision of this Act, is required or empowered to take action in any matter; (b) the matters in which, the officers to whom and the
conditions subject to which, the orders and decisions given under any provision
of this Act and not expressly provided for as regards appeal, shall be
appealable; (c) the manner of construction and maintenance of a
field-channel under section 15; (d) the amount of any charge to be made under this Act;
(e) form of application, fees to be paid with application, conditions for grant
of permission for supply of water under section 16; (e) matters under section 24, in which the decision of
Appellate Authority shall be final; (f) charges payable for unauthorised use of water under
section 31; (g) charges payable for wastage of water under section
32; (h) manner and time limit of payment of instalments,
the authority to whom payment made; rates of interest payable and the period
within which interest shall be paid under section 36; (i) the manner of appeal, fees and the authority to
whom appeal shall lie under section 43; (j) any other matter which is or may be provided by
rules under this Act. (3) All rules made under this section shall be laid for
not less than thirty days before the State Legislature, as soon as possible
after they are made and shall be subject to rescission by the State Legislature
or to such modification as the State Legislature may make during the session in
which they are so laid or the session immediately following. (4) Any rescission or modification made by the State
Legislature shall be published in the Official Gazette, and shall thereupon
take effect. In
this Chapter, unless the context otherwise requires,- (a) "artesian well" means a well which taps
artesian or piestic water having piezometric level above the ground; (b) "borewell" means a well drilled in hard
rock areas where the bore can stand on its own and where lining by pipes is not
necessary; and includes a dug-cum-bore well; (c) "ground water" means water under the
surface of the earth regardless of the geological structure in which it is
stationary or moving and includes all ground water reservoirs; (d) "prescribed" means prescribed by rules
made under section 57; (e) "tubewell" means a deep bore drilled into
the ground for the purpose of drawing water through one or series of permeable
layers of water bearing strata. (1) The State Government may, by notification in the
Official Gazette, apply the provisions of this Chapter to such area as may be
specified in the notification. (2) The State Government may, by a like notification,
direct that the provisions of this Chapter shall cease to apply to such area on
and from such date as may be specified in the notification; and with effect on
and from that date, the said provisions shall cease to apply to such area,
except as respects things done or omitted to be done before such cesser. Notwithstanding
anything contained in the Gujarat Land Revenue Code, 1879(Bom. V of 1879) or in
any other law for the time being in force, no holder of any land assessed or
held for the purpose of agriculture within the meaning of the said Code
(hereinafter in this Chapter referred to as "the agricultural land")
shall construct, or cause or permit to be constructed, any tubewell, artesian
well or borewell, exceeding the depth, as may be prescribed for extracting
ground water except under and in accordance with the terms and conditions
(including conditions relating to the maintenance of such well) of a licence
issued under section 5 land the rules made under section 57. (1) Where a holder of any agricultural land desires to
construct therein any tubewell, artesian well or borewell, exceeding the depth
as prescribed for extracting ground water, he shall make an application to the
canal-officer having jurisdiction for the grant of a licence. (2) The application under sub-section (1) shall be in
such form, shall contain such particulars and shall be accompanied with such
fees as may be prescribed. (3) On receipt of an application made under sub-section
(1), the canal-officer may, after making such inquiry as he thinks fit and
having regard to the availability and quality of ground water and the density
of wells in the area in which the tubewell, artesian well or borewell, as the
case may be, is proposed to be constructed and such other relevant factors as
the circumstances of the case may require, by order, grant or refuse to grant
the licence applied for: Provided
that before refusing to grant the licence, the applicant shall be given a
reasonable opportunity of being heard in the matter: Provided
further that where the canal-officer to whom an application has been made under
sub-section (1) fails to inform the applicant of his decision on the application
within a period of three months from the date of receipt of the application,
the licence shall be deemed to have been granted to the applicant. (4) The licence granted or deemed to have been granted
under subsection (3) shall be in such form as may be prescribed and shall be
subject to such terms and conditions as may be specified therein, including
conditions relating to the maintenance of the well. Where
any tubewell, artesian well or borewell is in existence in an agricultural land
at the commencement of this Act and the depth of such well is in excess of
depth as prescribed, then the holder of the agricultural land shall, within
three months from such commencement, furnish information in respect of the well
to the canal-officer having jurisdiction, in such form as may be prescribed and
on receipt of the information, the canal-officer shall if he is satisfied that
the well was in existence at such commencement, grant to the holder of land a certificate
in the prescribed form to the effect that the said well was in existence at
such commencement. If
the canal-officer is satisfied either on a reference made to him in this behalf
or otherwise that- (a) any licence granted under section 51 has been
obtained by fraud or misrepresentation as to an essential fact, or (b) the holder of a licence has, without reasonable
cause, failed to comply with the terms and conditions subject to which the
licence has been granted, or has contravened any of the provisions of this
Chapter or the rules made under section 57, then, without prejudice to any other penalty to
which the holder of the licence may be liable under this Chapter, the
canal-officer may after giving the holder of the licence an opportunity of
showing cause, by order, cancel the licence. (1) Any person aggrieved by an order of the
canal-officer made under section 51, 53 or 55, may prefer an appeal to the
Appellate Authority against such order within thirty days from the date on
which the order was communicated and the decision of the Appellate Authority on
such appeal shall be final: Provided
that such appeal may be entertained by the Appellate Authority after the said
stipulated period if it is satisfied that there are sufficient reasons for
condoning such delay in preferring the appeal (2) Every appeal preferred under sub-section (1) shall
be made in such manner, to such authority and shall accompanied with such fees
as may be prescribed. (1) No holder of agricultural land in which there is a
tubewell, artesian well or borewell, exceeding the depth as prescribed shall
allow any water from such well to be used for a purpose other than for the
purpose of agricultural or of drinking or to be wasted either through leaky
casing, pipe fittings, valves or pumps either above or below the surface or on
account of any other reason whatsoever: Provided
that the canal-officer may, subject to any general or special order of the
State Government, by order allow such holder to use the water from such well
for any purpose other than for the purpose of agriculture or of drinking. (2) If in the opinion of the canal-officer water from
any tubewell, artesian well or borewell exceeding the depth, as prescribed, is
used for a purpose other than for the purpose of agriculture or of drinking,
without the order of the canal-officer, or is wasted, he may after giving the
holder of the agricultural land in which such well is situated, a notice of not
less than thirty days, by order required him to close or seal off the well at
his expense and in such manner as the canal-officer may specify in such order
and the holder of agricultural land shall comply with such order. (3) Where any holder of agricultural land fails to
comply with any order made under sub-section (2), the canal-officer may after
giving the holder of the agricultural land due notice in that behalf, enter
upon the land and close or seal off the well and the cost incurred therefore
shall recoverable from the holder of the land as an arrear of land revenue. If
any person contravenes the provisions of section 50 or 52, or the rules made
under section 57 in respect of the construction or maintenance of tubewells or
any of the terms and conditions specified in a licence granted under section 51
he shall, on conviction, be punishable with imprisonment for a term which may
extend to six months or with fine which may extent to ten thousand rupees or
with both. (1) The State Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Chapter. (2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for all or' any of
the following matters, namely :- (a) the form of application for grant of licence under
subsection (2) of section 51, the particulars to be contained in such
application and the fees to be accompanied with such application; (b) the form of licence and terms and conditions for
grant of licence under section 51; (c) the form for furnishing information by the holder
of an agricultural land and the form of certificate under section 52; (d) the
manner of preferring appeal and the fees payable with such appeal under section
54; (d) the depth of the tubewells, artesian wells or
borewells which shall not exceed for extracting ground water, and the rules for
construction thereof under section 50; and also the terms and conditions for
issuance of licence therefore; (e) any other matters which is required to be, or may
be, prescribed under this chapter. (3) The power to make rules conferred by this section
shall be subject to the condition of the rules being made after previous
publication: Provided
that if the State Government is satisfied that circumstances exist which render
it necessary to take immediate action, it may dispense with the previous
publication of any rules to be made under this section. (4) All rules made under this section shall be laid for
not less than thirty days before the State Legislature, as soon as possible
after they are made and shall be subject to rescission by the State Legislature
or to such modification as the State Legislature may make during the session in
which they are so laid or the session immediately following. (5) Any rescission or modification so made by the State
Legislature shall be published in the Official Gazette, and shall thereupon
take effect. (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may, by general or special order
published in the Official Gazette, make such provisions not inconsistent with
the provisions of this Act as appear to it to be necessary or expedient for the
removal of the difficulty: Provided
that no such order shall be made after the expiration of two years from the
commencement of this Act. (2) Every order made under sub-section (1) shall be
laid as soon as may be after it is made, before the State Legislature. The
State Government may from time to time, issue such directions not inconsistent
with the provisions of this Act, to any canal-officer or other officers, as it
may deem fit, for the purpose of carrying out the provisions of this Act, or
the rules or orders made thereunder and the officers shall bound by such
directions. (1) The Gujarat Irrigation Act, 1879(Bom. VII of 1879),
in its application to the State of Gujarat is hereby repealed: Provided
that such repeal shall not affect- (a) the previous operation of the said Acts so
repealed, or anything duly
done or suffered thereunder; (b) any right, privilege, obligation or liability
acquired, accrued or incurred under the said Acts so repealed; (c) any penalty, forfeiture or punishment incurred in
respect of any offence committed against the Act so repealed; or (d) any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation or liability, penalty,
forfeiture or punishment as aforesaid; and
any such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed, as
if this Act has not been passed: Provided
further that, subject to the preceding proviso, anything done or any action
taken (including any notification, order, notice, summon, warrant and
proclamation issued, declarations and rules made, water for purposes of canals
applied, permissions to take water given, agreement for supply of water made,
compensations awarded references to the Collector made, summary decisions
taken, water rates and betterment charges levied, list of persons liable to be
required to work prepared, irrigation record of rights revised) under the Act
so repealed shall, in so far as it is not inconsistent with the provisions of
this Act, be deemed to have been done or taken by or under the corresponding
provisions of this Act and shall continue to be in force until superseded by
anything done or any action taken under the provisions of this Act.
Preamble - THE GUJARAT IRRIGATION AND
DRAINAGE ACT, 2013PREAMBLE