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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART III—Section 3

PUBLISHED BY AUTHORITY

No. 6] NEW DELHI, TUESDAY, APRIL 3, 1984/CHAITRA 14, 1906

Separate paging is given to this Part in order that it may be filed as a separate

compilation

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[PART H I —S E C. 3}

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42 THE GAZETTE OF 1 N OR : UXTRAORDTN SRY

[PART III- Sic . Vt

ADMINISTRATION OF DADRA AND NAGAR HAVELI (U.T.)

SilvHssa, the 3rd April, 1984

No. 8-4(3V83/PWD. I—In exercise of the powers con- ferred by section 70 of. the Bombay Irrigation Act. 1879 (Bombay Act No. VII of 1879) as in force in the State of Gujarat and extended to the Union Territory of Dadia and Nagar Havcli vide Government of India, Ministry of Home Affair"!, Notification No R5R(E). dated 22-11-1983. the Administrator, Dadia and Nagar Haveli hereby makes the following 7ulics.

THE GUJARAT CANAL RULFS. 19fi2

PART : I

PreDmJnary

1. Shoit title. Extent of Commence.—(I) These rules may be called the Dadra and Na"ar Haveli Canal Rules, 19S4 2) They shall apply to the whole Union Territory of ira and Naitar Haveli.

3j They shall come into force froni the date of publicii- i in the Official Gazette.

.. Definition.—In these rules unless there be (something ujjnant in the subject or context.

(a) "The Act" means the Bombay Irrigation Act, 1879 as extended to Union Territory of Dadra and Nagar Haveli.

(b) "Block" means the whole area of certain specified

land tu which the block system is applied.

(c) "Block conditions" means the special conditions pres- cribing regulating or restricting the irrigated culti- vation which may be carried on within a block.

(,d) "Block period" means the period for which a supplv of water is sanctioned under the block system. *

(e) "Block, rate" means a fixed uniform annual rate per hectaic levied for the supplv of water to a block.

(f) "Block system" means a system under which a supply of water is provided for carrying on iirigated cul- tivation under certain conditions throughout a block for a period of years.

(JJ) ''Cold weather season' means the period from the 16th October till the 15th March ensuing.

(h) "Eight months perennial block.". means a block in which irrigation of perennial crop is permitted in a portion of the block during monsoon and cold weather seasons.

(i) "Executive Engineer" means the Executive Engineer in charge of Irrigation in Union Territory of Dadra and Nagar Havcli and. includes any officer duly empowered in that behalf.

(j) "Form" means a form prescribed by these rules.

ll) "Hot weather season'¹' means the period from the 16th February till the 15th fune ensuing.

(m) "Kharif ^ block" means a block in which initiation of Kharif crop is permitted.

(n) "Kharif crop" means a crop grown within the period from the break of the monsoon season to the begin- ning of the cold weather season

(0) "Monsoon season¹¹ means the period from the 16lh

June till the 15th November ensuing.

Cp> "Outlet" means an opening through which water passes from a Government canal, branch canal or distributary to a private water course.

(q) "Pass" means a written order issued to any person authorising him to receive a supply of water from a canal.

(r) "Perennial block" means a block in which iin'caiion of perennial crop i-" permitted

(si "Perennial crop" means a crop which is irrigated continuously for d period of moie Irian eifiht months

(1) "Plot"' mean", one or two or more corf Tons into which a piece of land is divided for the purpose of irriga- tion, each oi such portions being provided wilh a separate inlet for Irrigation water.

(u) "Prescribed" means prescribed bv these rules.

(v) "Rabi block" means a block in which Irrieaiion of rabi crop is permited.

(w) "Rahi crop" means a crop grovrn within the period between the 16th October trad I5th March ensuing.

(\) "Seasonal crop" means a crop which is sown, cultivated and reaped during a particular season of the year.

(y) "Section¹" means a section of the year,

(,z) "Sub-Divisional Officer" means the Deputy Engineer in charge of irrigation in any area subordinate to the Executive Engineer.

(as) "Superintending Engineer" means the Superintending Engineer in chargo of Irrigation in the Union Terri- tory of Dadra and Nagar Haveli.

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(bb) "Two season block" means a block in which irriga- tion during the monsoon and the cold weather sea- son is permited.

(cc) "Two season crop" means a crop the period of growth of which extends over the whole or part of both tho monsoon and cold weather seasons.

(dd) "Unit" means one of two or more plots, each of a standard area, into which a piece of land is divided, such sub-division being maintained for a number of years.

(ec) "Unitized" means divided into units.

3. Exemptions,—The Administrator may by notification in the Official Gazette exempt any canal from operation of all or any of these rules.

PART : II

Construction of Water-Courses

4. Manner in which water courses shall be constructed.— The dimensions and the bed slope of a water cpurso shall bo such as may be adequate for the easy passage of water through the water course to all the fields to which water is supplied from the canal.

5. Manner of publication of draft scheme in villace.—The publication of a draft scheme in a village shall be by affixing a copy thereof along with a notice under sub-section (4) of section 20A in the Chora of the village concerned.

6. Other Manner of Publication of final scheme.—The final scheme shall be published by affixing a copy thereof in the Chora of every village through which the water course is proposed to be taken and also at a conspicuous place in the sub-divisional office concerned.

7. Notice under section 20C and mode of service.—(J) A notice under section 20C shall be (a) in Form A-i (a) for the purposes of clause (a) of that Section, and (b) in Form A-i (b) for the purposes of clause (bi of that Section.

(2) Every such notice shall be served by registered post or by delivery by hand of a copy of the notice to the addres- see or to an adult male member of his family residing with him.

(3) In the case of a delivery of a notice by hand, the signature or thumb impression of the person on whom the notice is served shall be taken in token of the service.

(4) If the addressee cannot be found or the authorised canal officer is satisfied that he is evading service or that he refuses to take the notice, the notice may be served by affixing a copy thereof upon some conspicuous part of the house in which the addressee ordinarily resides.

8. Form of certificate.—A certificate to be issued under clause (i) of sub-section (1) of section 20E shall be in Form A2.

9. Period for lump sum payment.—Any payment in lump sum under clause fi) of sub-section fi) of section 20F shall be made—

(i) within a period of two iriomln from the date of the service of a notice under clause (b) of section 20-C, and

fii) in any other case within n period of six months from the date of the issue of a certificate under section 20-E.

PART : in

Supply of Water

10. Application under section 27 : how to be made.—(1) Every application for a supply of water for the purpotc of irrigation shall be made in duplicate to the Executive Engi- neer.

(2) Such application may be delivered personally or sent by post to the Executive Engineer or to any officer authorised by him to receive it.

(.3) Such application shall be made, in the case of:—

(a) Two season blocks, in Form I,

(b) Rabi blocks, in Form IT,

(c> Kharif blocks, in Form HI,

<~d) Eight months perennial blocks, in Form I V;

(,e) 1 /3rd Sugarcano/Plantain blocks, in Form V,

(f) l/4th Sugarcane/Plantain blocks, in Form V-A,

1'g) Additional waterings, in Form VI; and

(h) Supply of water free of charge from Nallas, Rivers, Streams etc. vesting in the Public Works Department on which Government has not incurred any expen- diture, m Form VII-A;

(i) Supply of water for irrigation from tubewells, in

Form VII-D:

(j) Any other form of supply, in Form VII.

(4) fa) An application for registration as regular irrifiator on a tube-well shall be made in Form VII-B and an application for cancellation of such registration shall be made in Form VII-C.

(b) An application for cancellation of blocks referred to in clause fa), (b) (c), and (d) of sub-rule (3) shall be made in Form VII-E subject to the provisions of rule 33.

(5) Printed bLink copies of the prescribed foims of appli- cations shall be supplied to intending applicants free of charge,

(6) An application for a supply of water for any purpose other than irrigation shall be made by a letter addressed to the Executive Engineer.

11, Dates for applications.—(J) The Executive Engineer shall, by notification published in a manner prescribed by the Administrator by general or special order in this behalf, fix for each canal the date for submission of each of the prescribed applications. Any change iu any of such date shall be notified not less than three months in advance; Provided that if in any year a change is deemed to be advisable on nccMinl of unforeseen seasonal or economic conditions or changes in administrative arrangement!*, a later date may be fixed without such three months previous notification.

(2) Every application for a supply of water for the pur- pose of irrigation shall be made in the form prescribed on or before the date fixed under suh-role (1) for the submis- sion of such applications;

Provided that if an application is received after such date and the Executive Engineer is satisfied that the delay was unintentional and due to causes beyond the control of the applicant, he may treat such application as if it had beep received on the due date :

Provided further that if it appears *o the Executive Engi- neer that a supply of water will be available aftei all appli- cations received before such dale have been disposed of. hr may receive applications up to any later date.

(3) When an application for a supply of water is personallv 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 ca"e",

the counterfoil shall be similarly initialled and dated and shall be despatched io the applicant as SOQO M may be practicable after the applicator* is received.

12. Application by whom to be made : conditions for sanction.—(1) An application for a supply of water for the irrigation of land for any period may be sanctioned in favour of :—

(a) the occupant or joint occupants of the land, or

(b) the lessee of the land,

(c) any other person or persons having a right to cul- tivate the land under irrigation for the period for which supply of water is to be given, or

(d) any other person duly authorised by any of the person* mentioned In clause (a) and (c) to receive such supply.

(2) An application made by a person having neither such Interest in the land as mentioned in clauses (a), (b) and (c) of sub-rule (1) nor such authority as is mentioned in clause (d) of the said sub-rule may be summarily rejected by the Executive Engineer.

(3) An application made by a person other than the occu- pant or lessee holder shall not be sanctioned unless such applicant furnishes suitable security for the payment of water- rates or other charges which may become payable in respect of any obligation arising out of the sanction of such appli- cation, by the execution either of a bond in Form Vill with two sureties to be approved by the officer sanctioning the application or of a mortgage bond in-Form DC. In the case of a person who is a member of a co-operative society as denned in the Gujarat Co-operative Societies Act, 1961 as extended to Union Territory of Dadra and Nagar Haveli and who hai taken a loan from such society under section 49 thereof and has made a declaration in respect of his land in the manner required by clause (a) or (b) of sub-section (1) of that section, the execution of a mortgage bond, if

•* any, shall be made in Form DC-A.

(4) When art application is made by the occupant or lessee holder, the Executive Engineer may, if he considers that secu- rity is necessary, require, by an order in writing such appli- cant to furnish similar security as is described in sub-rule (3).

(5) When an application is made by a person other than the occupant lessee holder, the Executive Engineer may refuse to sanction such application unless the consent of the occu- pant has been obtained by the applicant. If the consent of any other person having an interest in the land as mort- gagee or otherwise appears to the Executive Engineer to be necessary to ensure that all obligation, arising out of the sanction, of such application will be carried out he may re- quire such consent also to be obtained by the applicant,

13. Applications may be rejected or compiled with wholly or in part, Manner of sanction : Approval.—(I) The Exe- cutive Engineer, nmy reject the application for a supply of water or sanction" the supply applied for wholly or In part with modifications.

(2) Subject to such orders as the Administrator may from time to time issue, thd Executive Engineer may refuse sa,nc- Tfon a supply of water for irrigation to anv land under any of the forms prescribed in sub-rule 03) of rule 10 if such Irrigation would, in his opinion lead to excessive orwasteful use of water, or cause, or contribute to cause, damage or injury to such land or any other land, or cause loss or jniury to the cultivator of any other land, or be likely to produce conditions dangerous to public health.

(3) Trie Executive Engineer may refuse to sanction a sutynlv of water for the cultivation of sugarcane to flnv land within a distance of 10 feet from the boundary of any road, cart- track, open drain or well, if such supply would, in his opinion interfere with the use. of or cause damage to such road, cart-track, drain or well.

(4) The order passed under sub-nilc (11 or (2) or O) shall be recorded on the apnllcntion: the duplicate form of th* nnnli'cation shall be endorsed with a copv of the ordrr and delivered or desnatched, as the cHse mav ^ to the nrmlicant. If .any supply is sanctioned the counterfoil attached to the original apnjlcatlon shall be sent to the TalatI Patel of the village, Jn which the Und is situated.

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(5)"Tf the supply sanctioned Is different from that Applied for, the applicant may either withdraw" Mis • application, in which case the sanction given shall be cancelled or make a further application for a modification of the sanction. Such further application if sauioned, shall not be d&erned to be an application made after the prescribed date.

(6) If an applicant is an arrears of water rates which be- came due before the date of the application, the application may be summarily rejected or sanction m"y be given provi- sionally subject to the condition that such arrears are paid before a specified date i>rior to the commencement of supply.

(1) Sanction may be given provisionally subject to the conditions that all amounts which have become due on account of water rates before the commencement of supply shall be paid before such commencement of supply and that if such amounts are not paid the sanction shall be liable to cancellation.

(8) If the Executive Engineer has reason to doubt the authenticity of any signature or endorsement or the truth or accuracy of any of the information furnished in an appli- cation, he may postpone the passing; of orders until he has made such Inquiries as he deems necesary in order to ascer- tain the facts. In such case, he shall record in writing his reason for postponing the passing of orders.

14. Areai for which permission may be granted.—(1) Sanction for the supply of water to any land may be given if:—

(I) the acreage of such lands Is 10 Ares or more.

(II) such land, though its acreage is less than 10 Ares comprises the entire holding of. the applicant.

(2) No separate sanction shall be given for the supply of water to irrigate different crops in the same land unless the toatl area of such land is or exceeds 20 Ares and the total area for each crop therein is not less than 20 Ares.

(3) Subject to sub-rule (4), water for irrigation shall not be supplied to any land unless sanction has been given there- fore under jub-rule (1), or (2).

(4) In the case of areas irrigated :

(i) under a block system in respect of any canal, or

(ii) for any crops 'on any oth"r system of Irrigation;

Water for irrigation shall not be supplied to any land unless it has been utilised into ploti each consistina of an area of 20 Ares.

Provided that water for irrigation may be supplied to any land, without, unitisation If such land Is less than 20 Are* and

(a) eligible for sanction under clause (U) of aiibirulo

(1), or

(b) forms part of tlie entire holding of the applicant, who has obtained sanction for minplv of WBter to his holding, and is a frajrownt which is too small to form a unit.

(5) Water shall not bo supplied to any piece of land for irrigating more than two sugarcane croos during any rterpd of five irrigation year*.

15. Allotment of available, supply.—If from any caute, any water surwly IS iniiifficrent to meet all demands far \vater from such supply questions regarding tie allotment of th" available simply and the quantity and regultion thereof shall, subject to the aeneral or special orders of th" Administra- tor, be determined by the Executive Fngineer.

PART : IV

Demarcation and Preparation for Irrigation

16. Construction and maintenance of bund* and demarca- tion and preparat;on of land,—(I) In each separate area of land for the Irrigation of which sanction have been obtained.

(I) the portion undor^ inigatioi) ghjdl. throughout t ie Jjerlod of Irrigation, be ponjpletejy .awipunded by bunds 50 THE GAZETTE Of INDIA : EXTRAORDINARY [PART lit—SEC 3 \

—-— " 1——• ' ;

lev than 1 foot high and 1 foot top width and shall be

fomed into suitable plots; and

(ii) each plot thai} be completely surrounded by bunds in accordance with the following provisions, namely :—

(a) Round each separate and continuous area on whioh. sugarcane is under cultivaton bunds not' less than 1-1 /I feet high by l-¹/2 feet top width shall be cpWructed , Provide^ that if en account of the slope of Lhc land and the lotol #rea inUuded with- in, the outer bund, the Executive Engineer directs that the bund pt the lower end, of 1he urea and en each side for a distance upto 6fi feet from the_ lower bund shall be, of'two feet top width such direction shall be complied with :

(6) No crop shall be planted within 6 feet of the edge of

a main water-course, ff a question arises as to what is a. main-, water couise, the Executive, Engineer,jsfoall decide the mattei and his decision shi.ll be firml and conclusive.

(7) No crop shah be grown (in the i'op of anv bund. A subsidiary ciop may, howeveL, bo Kiown along the slopes Of the tjund provided the growh of such suboidiarv crop docs not interfere with inspection.

(8)( a) j^ny.bund may, immediately after rain, be cirt without. peimis^ion. Such bund, shall, however be properly repaired before the next watering U tnken.

writing to the Executive Engineer within eight days from the date on which he hegan lakinn 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 neceteaLy the rate chargeable on the portion irri- gated by well watci may, at the discietion of the Executive Engineer, be reduced to an amount which shall not be less than, half tho rate otherwise ptiyable.

24. Water rule leviable when well water and caaal water are conveyed in the same channel.—If well water is con- veyed to any land in any channel used for conveying canal water, water late ahull be charitable un the- whole of the bjnd irrigated from such channel : Provided that if well water be taken foi a pan of the season owing to a defi- ciency in th© supply of canal water and the applicant noti- fies the fact in writing 10 the Executive Engineer within eight' days from the date on which he began takinR well water -and if it be shown to the satisfaction of the Execu- tive 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 r.ite otherwise payable.

25. Irrigation from escape channel percolations and leak- ages.—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. ,

26. Water rate leviable for supply of water for forming threshing floors,—-The Executive Engineer may "ivc water for the purpose of forming threshing floors ftee to any per- son to whom _a supply of water for irrigation has bten sanc- tined under these rules.and to any othar person at a chhrge per floor not exceeding half the lowest hectares late.

Provided that if the Executive Engineer is aatlifled that the excess area was irrigated through a bona-ttdd¹ mistake, no- charge in addition to the normal water rates shall be leviable in respect of the excess area irrigated to the extent of 5 per cent, of the area sanctioned for irrigation or 5 are whichever is less.

31. Charges to be imposed when water supplied through a water-cours© is suffered to riin to waste.—Whffn" water supplied through a water-course is suffeied to run to waste, <1he Executive Engineer may, under section 46, charge—

(a) if the water has flowed on any land, a rate not exceeding double the single waterinjt late for each hectare on which water has flowed, and

(b) in any other case a rate not exceeding double the vate chargeable under rule 27, on the volume of water estimated by the Executive Engineer to have been wasted.

EXEMPTION CANCELLATION AND REMISSIONS

Cancellation of Blocks and remissions

32. Cancellation of blocks.—(l)(a) A block may b" can- celled at Che request of the person on whose application the supply is sanctioned if gudh person applies for its can- cellation by giving J notice of at least six months.

(b)' The conciliation shall become effective fiom the be- ginning" of the irrigation season following the expiry of tho notice period.

tn writing direct to ihe Executive Engineer within, one montli from the time when the damage or failure, in respect of wttich the remission is claimed, is alleged to have occured. Any dafan preftricd after the said period of one month may be summarily rejected.

(2) If, without giving the Executive Engineer at least 8 days' notice in writing of his intention so to do, the claimant Cuts the crops- alleged to have been damaged or (o ha/e fail- ed at any time within 20 days after preferreding his claim for remission, his claim may be summarily rejected.

36. Readings maintained of water jtuagei. and meters by the Irrigation Department to be accepted as authoritative.— In case* of dispute regarding water supply or remission or exemption from water rate the watc- guages 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 al] calculations of discharge.

PART VH

Emergency Rules

37. List of labourer! : when to be prepared.—Whenever It appears to A Caaal Officer duly empowered to act wader section 58, thHt circufflsrances may probably arise which will render it necessary for thf provision;, of thai' section to be put into operation, lor the execution of any repair clear- ance or other work which is beins or is about to be carried on by th" Irrigation Department, he shall communicate With the Collector. The Collector shal thereupon cause a list to be prepared of able-boided persons- liable to be re- quired to as-ist under section 58. Such list may from time Co time be revfseti and amended .

38. Area for which list of labourers should be prepared under rule 37 shall, subject to the next following rule, include tbfc names of persons holding land or resident with'n such dis- fWce from an locality, of thto repair, clearance or work as the Caiector, having regard tb tte number of persons likely ttj 'Be required to assist at such repair, clearance or work, •trail t&ink proper.

39. Clause* of persons to be included in or exempted from l it of labourers—Every list of labourers prepared under rule 37 shali contain the name of every able-bodied landholder holding land within the area fixed by the Collec- tor under the past preceding rule and of very able bodied man or woman who resides .within such ar*a and earns his or her livelihood by manual labour:

Provided thaf=-

(a),the names of Indian soldierr. ricervJsrs ana tttfflt^ty

•pensioners and of persons wfto appear ta t&ft Cotfec- tfbr to Be under siMBen years- dr over, fifty, ytxr* of aBff shall not fit included in snefi list, and

(b) any land bolder who is unaccustomed to manual la- boatihair b" perarittttt wften eflJtad to awtsT al any repair; dma-antc Or work, to fttnaWi tv a RDtufltnfe any eftlfe-bodted person vtom n"m" h not on like list

PART V II

Appeals

42. Appeals.—(1) An appeal in accordance with the pro-

Visions of sub-rule (2) shall lie against an order,

{a) Passed under riuo 13 or

(b) requiring an applicant who is an occupant or les eo

to idve security under rule 12 or

(c) rejecting a t>uruty tendered under rule 12 as un-

approved.

(2) If the original order was passed by—

(a) a Sub-Divisional Officer, the appeal shall Jio to

ihe Executive Engineer, or

(b) the Executive Engineer, the appeal shall He to tho

Superintending Engineer.

(3) Every order passed by an Executive Engineer un^er,

rule 23 or 24 shall be appealable to the Collector, provided that the appeal ls presented wiihin 30 days of the date on which the order appealed against wa" communicated to tho appellant.

43, Manner of preferring appeals.—All appeals meferred under a Act or under these rules must be made by a writen petition signed by the appelant. Such petition may be de- livered at the office of the appellate authority by the appel- lant in person during office hours or forwarded through post

PART : DC

Mfecellaneow

44. Water rates chargeable under section* 48.—Without the special sanction of the Administrator water rates under sec- tion 48 shall not be charged on land watered by a well or Wells sunk at a distance of more than 100 fleet from any canal situated in the Union Territory of Dadra and Nagar Haveli :

Provided that such well or wells is or are fed by natural percolation only and not by a surface channel or a construc- ted underground channel or pipe.

45. 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 En- gineer. The Superintending. Engineer, or the Executive En- gineer, 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 t&e Canal Officer or tho- officer "of (fie highest tafflt on the spat nrny close a canal and fix the said period

*6. Panting of perst-m, ahlrdHs of veHdW Si or across canals.—(1) No person shall pass, or cause any animal- o* ve&cle to pas" in or cros" the fetfafc or Channel of any canal at my place excejM wlere Indicated by a notice erected under tan order of thff Exeeutfve Enghwer Jn a conspiciow place.

(2) In flxm* place* at which th" p*"sing in or across the

**2L*ftl l iflS"!5* o f,w l l t2; """•"•—For th" purpose of

(b) a pip* outlet in masonary or any other type of out- let arrangement approved by the Superintending Engineer for connecting the water course to the field channel.

48. Maintenance of Record of Rights and Register of Mutations.—Copies of the Record of Rights and Rejiister of Mutations shall be maintained at each Sectional Officer or other convient centre.

PART : X

49. Notwithstanding anything contained in these rules every application for the supply of water free of charge for agri- cultural purposes and not for commercial or industrial pur- poses including the cultivation of sugaicane by sugar com- panies from ft canal vesting in the Government and on which Government has not incurred any expenditure, ihall be made in accordance with the provisions of this Part.

50. (1) Every application under this Part shall be made in duplicate to the Executive Engineer concerned in form VII-A.

(2) Such application may be delivered personally or sent

by post to the Executive Engineer concerned.

(3; Printed copies of the prescribed forms of application

shall be supplied to intending applicants free of charge.

51. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions

subject for the following condition.

(1) The applicant shall make a channel or channels for

taking water to his lands at his own coat and responsibility.

(2) Crops irrigated by the water supplied under this Part shall be separated from all crops irrigated by water supplied otherwise under thd Rules by at least 50¹ at all places.

(3) The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanc- tioned for his lands.

(4) When irrigation channels from canal run parallel to lift channelSj they shall have an uncultivated dry strip of not less than 15 feet between the outer toes Of the inner banks of the channels.

(5) Wfien canal water is crossed by lift channels, the cros- sing shall be of pacca masonary and pipe crossing shall be to the entire satisfaction of the Canal Officer.

(6) When water is allowed to be used by means of a pumping plant, the purtipiag or 'Take off' arrangement shall be beyond the radius of 300 feet from the edge of the canal boundary or Bistributory limit.

(7) T is a aa for wnkfi the water Ban teen sarjcjjfcned by the Executive Engineer shall be marked on a plan which shall be signed by the applicant.

(8) No claim for compensation on account of damage to crops due to the failure or deficiency of water thai] be entertained,

(9) 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 aliO be of liable to the penalties imposed under the prdviaianrf of tho Bombay Irrigation Act, 1879 as extended to Union Terri- tory of Dadra and Nagar Havcli and tho Rules framed there- under. In, such a Case, the pass issued to him shall also be cancelled if the period of its validity has not already expired.

(10) No other canal water shall be granted to or utilised for the areas brought under cultivation undcl" the pass issued under this part.

(11) Arias of crops grown iu excess of the sanctioned area shall be liable to be charged at full water rates leviable for using canal water and iu addition the applicant shall be liable to penalties imposed for unauthorised irrigation under the Bombay Irrigation Act, 1879 as extended to Union Territory of Dadra and Nagar Haveli and Rulfes framed thereunder.

52. No water shall be taken by the applicant before his application has been sanctioned and before a pass has been delivered to him.

By Order and m the name of the

Administrator.

S. S. KOLVEKER, Secy, to the Administrator.

FORM 1

[See rule- 10(3) ( a )]

•^(Original)

Form of Application for water for irrigation in two season

Blocks.

No, of application.

To

The Executive Engineer,

—i Division.

1, . • resident of —

Area applied

for

{{^{{FOOTNOTE (1)}}}}

Total arej of the Holding in Survey No.

(4)

(7)

(5)

(6)

(2) (3)

Ha, a. Ha. a.

2. I am the———— ^ - ,, . .. ^..pf 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 arc :

Date-^ 19

Signature of the witness.

Signature or left hand thumb impression of the applicfttit

Signature of left hand thumb impression of the occupent or joint occupants or holder or .holders in cases in which ibc applicant is not the owner.

(Note :—All the above details are to be completed by

the applicant).

(To be filled in by the Canal (To be filled in by the Sectional

Inspector).

Officer).

1

2

1,

1. The date of receipt ot

water application v Information filled on Columns 2 and 3 above of tb* tabular,form, is/is not correct.

2.

2. The applicant is/is not the owner, the leasee of tho land.

The a lea applied for above is/is not isolated and can/cannot be irri- gated suitably.

3.

, There is/is not any possi- bility of mixing up of cftnal and well water.

3. In Q\$? ha h lessee tho period of lea^e fron . .. . to

4. The land is/is not ei-

cumberod.

5. Tn'e' applicant is/is not

defaulter.

6- The Survey number and the areas given in columns 4- to 7 above of the tabular from ii/ii t\ot correct.

7. Advance water-rate paid as per T.R. No for an area t"f for the period

8. Recommended for sanction

for rejection, for the rea- sons that.-.,. . •>

Date

Section Officer, Section. .T

Date

Canal Inspector.

Forwarded for sanction as follows:

1. Total block-area to be sanctioned Ha

A

2. Period of sanction, from .to ,

3. Water rate to be charged per Hectare Rs

Date Sub-Divisional Offic SabDivi.jio

"Sanjticmed"

1. Pass No dated the

2. Serial No of the sancuonid Form Vill.

Dste . Fxecutive Engineer,

.Division.

Te'Ei''. of Line' n-crt£Pge security, furnMisd i i the f.re^

cribedfoim Survey No ofai

area of Hectares Areas, of villas:

given as security in Form IX

fold here fold here

Slip to be given to ihe applicant when tlio applicant for

the "Two season Block" is rejected.

1. Application No 2. Date of receipt of (he application

3. Name of Applicant 4. Village and Survey No 5- Area of Two Seasonal Block, applied 6. Period of application 7. Reasons for rejection

Executive Engineer,

Division.

fold here fold hers

Acknowledgement slip to be given to the applicant, For the receipt of the "Two Seas >n Blpck" Applicafion.

Canal or Tank Distributory No. and Outlet No Village Survey No to Name of applicant Areaof Two Season Block applied A

Ha.

Period of which applied, from to Date of rcceipl of water application

Approximate water charges to be paid subjecte to

final adjustment, Rs i. • '. >

Remarks ,

Designation, date and signature o^tljcOm^j-,

INSTRUCTIONS

1. This Form is to be used for application for the supply of water np block system, for the irrigaion of crops (other than 'Pan' MiBftrcflne and other perennial orops) 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 presented personnaly or sent by post.

3. When the application is sanctioned, the duplicate will be returned to the applicant duly endorsed with the sanc- tion order. When it is rejected the slip annexed herewith Will be issued, stating reasons for rejection.

4. The applicant should not in ihe space provided in para 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 of delivered from any canal office, or kept at any office to be collected by the applicant thereat. Postal intimation about the order will be sent to the applicant when it is reidy for delivery.

the right to carry on irrigated cultivation of the land for the period of the ianctioned, or (4) a person duty authorised on behalf of any of tho persons aforesaid, to receive such sanc- tion.

6. The applicant must state in para No. 2 of 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 lend.

7. Any applicant may be required to furnish a Bond in Form Vill executed by two snKable Kinetics or execute a mortage bond in Form TX as security for tho payment of alj amounts which may become due in respect of 'the walcr to be supplied under the sanction. He may also be required to obtain the consent of any person having an interest in the land, on 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 aieas which are multiples of 20 ares, 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. ——— and when such application is considered suitable for sanction, sanction, will be- given in respect of the whole holding. Area, less than one acre/40 ares will not be sanctioned it the total area of holding of a survey number is> more than 40 ares.

CONDITIONS

(1) Water will be reserved in the monsoon and cold

weather seasons for the sanctioned areas of Blocks,

(2) Any crops grown in Khdrif such as paddy, ground- nut, Juwar, Cotton, Vegetables etc., will be permitted on whok or part of 'the sanctioned block area in Kharif Season.

(3) Any Rabi crops such as Wheat, Juwar, Cotton, Vege- tables etc., will be permitted on whole or part of the sanc- tioned block area,

(4) No crop that is likely to be carried oyer to the hot weather season for continuity of growth or maturity will be permitted in any part of the sanctioned block area.

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 in Form VII for the same. Such applications may at the discretion of the Canal Officers be given preference over those received from other applicants who are not block holders.

3. If a person on whose application the supply is sanc- tioned desires to shift the whole or part of the sanctioned block area from the sanctioned place to another place, this may be allowed except in the first and the last vear" of the sanctioned period, provided the land is suitable and he apnlies for the change before 15th April preceding the 15th June from which date he wonts such change.

4. (1) 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 the nnea is irrigated in the monsoon and cold weather seasons or not,

(2) Water rates as may be fixed by the Administration from time to time shall be payable by the Trrigatof every year, irrespective of weather he takes water for purposes of irri- eatfon or not, prov'ded water was made available during the period,

(3) Tt ars of the agree- ment, hp shall be required to pay full charges for irrigation availed of in that period as if he were an ordinary irrigator.

Provided that the Executive Engineer, may at any rime, after giving 12 months notice, cancel the supply of water to any block or part of the block, if in his opinion further continuance of the supply of water to it, is objectionable,

5. The block sanction is liable to be cancelled or the supply to any ciop irrigated under the sanction is liable to be withheld or stopped entirely without any previous notice for definite breach of any rule of the Dadra' and Najjar Haveli Canal Rules, 1984, or any of the conditions of this form of application.

(i. 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 irn'sators whose fields are situated below his land.

7 If the holder of the block does not grow any crop in Kharif or Rabi seasons or in both seasons, he will be charged the? lowest water rate admissible for any crop in the seuson or seasons subject to the concessions in water rates admis- sible for block

FORM A-I(")

[See rule 7]

Notice under clause (a) of section 20C of the Bombay Irrigation Act 1879 as extended to Union Territory of Dadra and Nagar Haveli.

To

Shri——-—-,—

Address—•—•

•

Whereas in accordance with the final scheme for the con- struction of a waler course through the village /villages as published in Part III Sec. 3, of the Government of India Gazette dated tho—•—•—•— under notification No. 1 dated the lands spec fied in the said Scheme are being acquired as provided in section 20B of the Bombay Irrigation Act, 1879 and whereas I have been put in possession of the said lands ;

And whereas you have been mentioned in the said scheme

a.s the holder of the land specified hereunder;

Now, therefore, in pursuance of the provisions of section 20C of the said Act, you are hereby called upon to con- struct within the period specified in the said Scheme and in the manner specified in rule 4 of tho Dadra and Nagar Havsh Canal Rules, 1984 the Water course to the extent to which you may be liable under the said scheme.

(Description of land held by the holder and mentioned in

the final scheme;,

(Signature, of Authorised Canal Officer;.

FORM A-l(b)

[See rule (7)]

Notice vnder clause (b) of-section 20C of the Bombay Irri- gation Act, 1979 as extended to Union Territory of Dadra and Nagar Haveli.

To

Shri

.

Address 1—> —•

.

Whereas in accordance with the final scheme for the const- ruction of a water course through the village/villages as published in Part-lit Sec. 3 of tie Government of India Gazettee dated the under notification No. —— dated —•—•—•——, trje lands specified in the said scheme are acquired as provided in section 20B of the Bombay Irrigation Act, 1879.

And whereas you have been mentioned in the said scheme

as the holder of the land specified hereunder :

Aid whereas the cost Of acquiiition of the land b"t been apportioned by 4hp Coltector wnong the holders of the land under sub-section (?) of action 2Q& of the said Act;

And whereas in accordance wkh the said apportionmeni

a sum of rupees is payable by you;

Now, therefore, in pursuance of the provisions of sec- tion 20C of the "oid Act;, you are hereby called upon to pay within a period of two months fronj tjie date of the service of this notice the said sum of •—•—rupees to the Government.

(Description of land held by the holder and mentioned in the final Scheme).

Signature,

Authorised Canal Officer.

FORM A-2

[See Rule 8]

Certificate under section 2QE of the Bombay Irrigation, Act, 1879 as extended to Union Teritory of Dadra and Nagar Haveli.

Certified that the construction of the whple of the water course mentioned in the final scheme for construction of a water course through the village/villages as published in

Name of Village

Part-Ill, Sec. 3 of the Government of India Gazette dated a_. * ' >. n -—vhas been completed on. >••••! •• •—

Place :

Date :

Signature,

Authorised Canal Officer.

FORM II

[See rule 10(3) (6X11)]

Form of application, for water for irrigation in Rabi

Blocks.

NO. of application :

To

Thp Executive Engineer—. Division,

I,

resident of

1—•

in the Union Territory of Dadra and Nagar Haveli make this ' > application for the supply water from <—• Canal/Tank in the Rabi Season of years in succession- from 15th October/16th November, 19 to i4th February 19 subject to the provisions of teh Bombay Irrigation Act, 1879 and of any other law for the time being in force relating to irrigation and subject to the provision of Dadra and Nagar Haveli, Canal Rules, 1984 as amended from time to time, and to all the conditions specified on the reverse of this application to which I agree for tho purpose of irrigating the land hereinafter described namely:—

utiug

Distrib

Channel

(2)

(1)

Survey NO.

Outlet

Total area of the

Total area of Survey No. or

Total area applied for

holding in survey No. or

(3)

(4)

(5)

(6)

(7)

Ha. a.

Ha. a. Ha. a.

—, . .. . .—.—

— . ..

2. I am the • of the land for

which water has been applied for abpve.

3. The name and address of the person to whom and the manner in which the order on this application should be delivered are :

Date <-* 19

(To be filled by the Canal Inspector).

(To be filled in by the Sectional Officer).

1

2

I.

1. The date of receipt of water

application

Information filled in Column 2 and 3 above of the tabular form is/ii not correct.

Signature or left hand thumb

Signature of the witness. Impression of the applicant.

Signature or left hand thumb impression of the occupant or joint lessee or lessees.

(Note :-rAll the above dofafli are to be completed by the

applicant).

2. The applicant is/is not the owner, the lessee of the land.

2. The area applied for above is/is not isolated and can/cannot t>e irriga- ted suitably.

3. In case he is lessee the

period of lease from 3. There is/is not any possi- bility of mixing up of canal and well water.

to

4. The land is/is not en-

cumbered.

5. The applicant Is/to not

defaulter.

~" ~~~~~ "~ 6 T no Survey numbers and

the areas givei in columns 4 to 7 above of the tabuler form is/Is not correct.

7. Advance water rate paid as

perT.R. No for an area of for the period

8. Recommended for sanction/ for rejection, for the reasons that

Date Date

Canal Inspector. Sectional Offlcsr, Section

Forwarded for sanction as follow*:— 1. Total block area to be sanctioned Ha a . . ..

2. Period of sanction, from to

3. Water rate to be charged pr Hectare Rs

Date Sub-Divisional Officer,

Sub-dlviolsn.

"Sanctioned"

1. Pass No dated the

2. Serial No of the sanctioned Form Vill.

Date Executive Engineer, Division.

Details of land mortgage security, furnished in the pres- cribed from Survey No of an area of Hectares areas, o village In Dadra and Nagar Haveli given as security in Form IX.

fold here fold here Slip to be given to the applicatnt wh"n the application for the "Rabi Block" Is rejected.

1. Application No 6. Outlet No.

2. Date of receipt of the 7. Village and Survey No

application.

3. Name of applicant 8. Area of Rabi Block,

applied

4. Canal or Tank 9. Period of aplfcatlon

3. Distributary No 10. Reasons for rejection

Executive Engineer, Division.

fold hens foM here

Acknowledgement slip to be given to the applicant, for the "Rabi Blook" application.

Canal or Tank Area of Rabi Block appliod....

^Ha

Distributary No. and Outlor Period for which appHjj

No

from to

Village Date of receipt of water

application

Survey No. and Remarks

Name of applicant Designation, date and Sigaat j r; of the Officer, receiving the water application.

19 GI/84—8

INTRODUCTION

1. This form is to be used for application for the supply >f water on block system, for the irrgation of light Rabi Seasonal Crops (vide condition, 1, below), during the cold weather season only.

2. The application js to be submitted to the Executive Engineer, or to any other officer authorised by him to receive such application, it may be presented personally or sent by post.

3. Water rate to be charged pr Hectare R" 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 blanki 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 the sole occupant or all joint occupants, (2) the lessee, (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 the person* aforesaid to receive such sanc- tion.

6. Any applicant may be required to execute a mortagage bond in Form IX as security for the payment of all amounts which may become due in respect of the water to be sup- plied under the sanction. He may also be requested to ob- tained the consent of any person having an interest in the land, on the grant of sanction to him.

7. Sanction will vbe refused for the irrigation of any land which ii found to be unsuitable for this form of appli- cation.

8. The Executive Engineer will ordinarily sanction areas which are in multiples of 20 ares. In the cases, where the whole holding of a Survey No. is applied for, and is suitable for sanction no 20 ares in multiple will be insisted upon, and the whole area so applied, will be sanctioned. Area leas than 40 ares will not be sanctioned,, if the total area of holding of a survey* number of Plot number is more than 40 ares.

coNDrriONs

1. (a) Only Rabi Seasonal Crops aa are sown in Septem-

ber-October-November will get water in these Rabi Blocks.

(b) Water shall be reserved for Rabi season as long as water ie available, whether the sanctioned area is irrigated or not.

2. The sanctioned area shall not be execeeded.

3. (1) If a person on whose application the supply is sanc- tioned, desires to shift the whole Or part of the sanctioned block area from the sanctioned place to another place, this may be allowed except in the first and the last year of the sanctioned period, provided the land Is suitable for further grant of sanction and he applies for the change before 15th August preceding the 15th October from which date he wants such change.

(2) Water rates as may be fixed bv the Administrator from time to time shall be payable by the Irrigator every year, irrespective of water he takes water for purposes of irri- gator or not, provided water was mads available during the period.

(3) It shall be open at any time for the Jrriirator to pet his block cancelled for the rest of the period of agreement, bv giving at leait 6 months previous written notice in Form No. VtIT-E after havinp paid all the chnrsen that mav have become due upto the daf* of cancellation. The can- cellation shall only become effective in the next Irrleation year beftlnnlnt? on the 15th Februarv following the exnlry of thfl period of the said notice. If the Irdjtator desire* to pet his block cancelled bv notice diwinir the first two y^an of the agreement, he shall be required to pav full charwt for irrigation availed of in that period, as if he wfcre "n ordinary irrigate*.

Provided that, the Executive Engineer, may at any time, etier giving 12 months notice, cancel any block or any part

4. Where no permanent water channel exists, the hrigator ihull 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 Ihe irri- gators whose fields arc situated below his land and shall allow the water to flow for the purpose of irrigation of the fields situated below his land.

"11 The watei charges due fiom the applicant shall be dnectly deducted by the Co operative Siigai Factory of which he is a member, fiom the amount that may be due to hun for sale of sugait-ane The Co operative Sugai Factory shall Pay the amount so deducted to the concerned Talari for crrditing the same into the applicant account and receipt for payment of the same shall have to tie obtained by the applicant from the1* said Co-operative Sugar Factoiy If under any circumstances, it is not possible to effect recovery of water charges in the manner above "-aid, the concerned Talati shall take diiect action foi lei-overy of water charges in accordance with rules in force "

yoRU v

[See Rule 10(2) (e) Original]

Form of application for watei for irrigation in one third

sugarcane/plantain Twelve Month perennial Blocks,

No of application

To the Executive Engineer, Division

1 ——• • —— -resident of

——— - Village in U T. of Dadra and Nagar Haveli, make this application foi the supply of water from the canal for years in succession from 15th Februaiy 19th to 14th Februaiy, 19 subject to the pro- visions oi the Bombay Iingation Act, 1879 as extended to Union Terntoiv of Dadra and Nagai Haveli and of any other Law foi the time being in foicc reTNfing to iriigalion and subje.t to the piovision of the Dadra and Nagar Haveli, Canal Rules, 1984 and the conditions specified on the reverse of this application to which I agree, for the pmpose of irrigating the land herein after described, namely .

Distribution

Channel No. Outlet No. Name of village

Survey No No.

Name of Crop Total area Survey No

Total area applied for

Total area the honlding Survey No

4

6

7

5

8

HA

GHA

Executive Engineer,

Division.

Note • Details of Security bond to be furnished "iv

non-owner appl cants as per instruction 1),

Name of smeties. (1)

(2)

s No of given as Security as per Form IX.

Information regarding sanction of 1 /3 Sugarcane/Plantain

Twelve momhs perennial blocks.

Information to be s-urplied to the Tahti of the concerned

Village.

Canal.

Name of Village.

No. of application—• —— -~ -•

Survey No.

"•

Name of applicant • — •

Area sanctioned under Block- Hectares—Ares

Period of Sanction

•

15.2.19 to 14.2,19

Date of sanctioning application— — .

Orders.

.

Date

Signature of Canal Officer,

INSTRUCTIONS

1. This Form is to be used for application for the supply of water on the block system for the irrigation of sugar- cane/plantain in those cases where the area of sugaicane/ plantain permitted to be grown in the block is limited to one-third of the block area.

2. The applicantion is to be submitted in duplicate to the Executive Engineer or to any officer authorised by him to receive su^h 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 Engi- neer's final order.

4. The applicant must state at No. 2 of the form the nature of his interest In the lartd or of his authority to apply for sanction for carrying on irrigated cultivation in the land.

5. No snnctinn will ordinarily be given for the irriga- tion of any land to any person other than (1) the sole occupant or all joint occupants (2) the lessee (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 sanc- tion.

6. The applicant should note in the space provided at No, 3 on the form the name and addiess 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 kopt at an office to be called for, postal intimation being sent when it is ready for delivery,

7. Any applicant may be required to furnish a Bond in' Form Vill 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 uny person having an interest in the land to the giant of sanction to him,

8. Satuion 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 (1-1/2 acrci) 60 Ares, the different hectare plots forming a block may not be continuous but must be on 'the same outlet,

CONDITIONS

1. The area of sugarcane /plantain shall not exceed oncv third of the total area of the Mock except as provided below ;

When new sugarcane/plantain is to be planted at some time before a standing emp 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-third of the block area, on the following condi- tions and in the following circumsl.mccs :—

1. the water Is available after providing all supplies

already sanctioned ;

2. that the Riving of the additional supply, required i-an be arranged for consistently with necessary arrangements for maintenance, repair and woking of the canal ;

3. that if the standing sugarcane/plantain crop has been planted between a date which may be notified from time ot time and 31st August, next following, per- miss'on shall not be given for the plaintain crop before the break of the monsoon in the following year ;

4. that if the standing sugaicane/crop has been planted between Ist September and a subsequent date which may be notified from time to time, permission on shall not be given for the planting of such new sugarcane/plantain before Ihe standing sugarcane/ plantain crop is 9 months old ;

5. that the area of new sugarcane/plantain shall not exceed the area of standing sugarcane/plantain whivh satisfied conditions (3) and (4) ;

6. that application is made on Form VI for (he suuply of water required in addition to that provided by the original sanction. The charge will be the sugarcane/plantain rate for the excess of sugar- cane /plantain area over one-third and for the period of overlap applied for.

2. No second ratoon of sugarcane/plantain shall be allowed, Water shall not be supplied to any piece of land for irrigating more than two-sugarcanc/planlain crops dur- ing any period of five inigation years.

3. To the remaining two-third area of the block, water shall be given for TTfigation for about eight month, 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 preseaonal waterings subject to the following conditions :—

ll) No water shall be supplied before 25th April.

(2) Not more than two-third of the whole block area shall be under irrigation at one time whether with canal or well water ;

Provided that if water is available, sanction shall be given with effect from 25th May to early watering in the remaining one-third of the area of greenmnnure crops only.

4. If sugarcane/plnntain is not #rown 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/ plantain or other crops grown in lieu thereof fail, a similar or lower rated crop or a succession of such crops may bs planted on the same or any other equal area of the block in lieu thereof.

5. If the holder of the block doei not grow any leaional crop in Kharlf or Rabi season or both seasons in the three fourth areas of the sanctioned block to be earmaked for seasonal crop, he will. be charged the lowest water rat* admissible to any crop, in the season or seasons subject to Ihe concession in water rates admissible for block.

6. ITie block may be cancelled at the request of the

block holder :—

(a) from the beginning of the first-year If he applies for cancellation within one month from the date of sanction, or

(b) during the remaining period of sanction if he pives notice of cancellation in writing befoie the 15th November or preceding the year beginning from February 15th from which the block is not required.

Provided that the Executive Engineer may at any time after giving twelve month's notice cancel any block or any part of a block if in his opinion further continuance of supply to it is for any reason objectionable.

7. When exemption from water rate is granted in accordance with condition 5 above subsequent permission to irrigate the whole or part of ihe block area so exempted shall, if water be available to given only at 1-114 times the block rate, subject to the provision that if it is desired subsequently to irrigate seasonal or two season crops only in the exempted cortfon permission may bo granted at the sanctioned rates provided that an application in Form VII is received before the date fixed in accordance with rule l l ( i) of the Dadra and Nagar Haveli, Canal Rules, 1984.

8.When n sugarcane|plantain block is cancelled at the request of the irrigator under condition 6 a further supply of water for the irrigation of <.ugarcane/plantain wjthin the area of the cancelled block shall not be sanctioned within a period of one year from the date of such cancellation.

9. Thle Khatedar under the suirgarcane/plantain blocks should obtain the certificate from Talati that "No Irrigation Duel" are outstandinjr against him and to produce it on 1st June of each year failing which it will be assumed that Irrigation dues aic outstanding against him and supply of canal water will be stopped and his block will be liable for cancellation.

10. The block sanction is liable to be cancelled or ihe supply to any crop irrigated under the sanction is liable to be withheld or stopped entirely for breach of any of the above conditions or any mle of the Dadra and Nagar Ha\eli, Canal Rules, 1984 after giving to tha npplicanr aftected a reasonable opportunity of beins heard.

11. The water charges' duei from the applicant' shall be directly deducted by the Co-operative Sugar Factory of which

Name of village

he is a member, from the amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount to deducted to the concerned Talati for crediting the tame into the applicant's account and receipt for payment of ihe same shall havc to be obtained by the applicant from the said Co-operative Sujjar Factory. If under any circumstances, it is not possible to cifect recovery of water charges in ibe manner above taid, the concerned Talati shall take direct action for iecovery of water charges ifl accordance with iulcs in force.

Receipt to be given to the applicant in token of receipt of application for sanction under 1/3 Sugarcane/plantain block.

Canal.

Name of village.

Nair* of applicant.

S. N.

Date of application :

Date of receipt of application,

with remarks if any.

Signature of Canal Officer,

receiving Water application.

FORM V-A

[See Rule 10(3) (6)]

(ORIGINAL;

Form of application for water for irrigation in one-fourth

Sugarcane/plantain blocks.

No. -of application — .

To The Executive Engineer Division.

I.- • resident of- -• village, Union Territory of Dadia and Nagar Haveli make this application for the supply of water from the canal for yeas in succession from 15th February 19 to 14th February 19 intajecf to the provision of the Bom- bay Irrigation Act 1979 as extended to Union Territory of iJadra and Nagar Haveli and of any other law for -the time being in force relating to iirifcation and subject to the Prowsions, ot the Dadra and Nagar Haveli, Canal Rules. iyB4, and the condition, specified on the reverse of this application to wh,ch I agree for the purpose of irrigating the land hereinafter described, namely;

Survey No.

Distributing

Channel No. Outlet No.

¹

4

2

3

2. I am the of the land for which water

has been applied for above.

Total area Name of Crop Total area of survey No.

applied for

Total area of the holding in Survey No.

5

6

7

S

H.A.

H.A.

H.A.

(4) Peiiod from 4o , (5) Water rate per hectare to bo charged Rs. — Date :

Sub-Divisional Officer Sub-Di vision.

Sanctioned

Date : — —— —.

Executive Engineer. Divslon.

(Note—Details of Security bond to be furnished by Non-

owner applicants us per Instruction 7)-

Names of Sureties (1) —™ • —.

(2) —,

.

S. No. of — -given as security as per Form IX.

Information regarding sanction of 4 Sugarcane/Plantain

blocks.

Information to be supplied to the Talatl of the Concerned

village canal.

Name of village.

No. of application.

Survey No.

Name of applicant.

Area sanctioned under block Hectares. Areas.

Period of sanction.

15-2-19 to 14-2-19—" .

Date of sanctioning application,

Orders. Dated.

Sianature of Canal Officer.

INSTRUCTIONS

1. This form is to be used for applications tor the supply of water on the block system or the irrigation of sugarcane/ plantain is those cases where the area sugarcane/plantain permitted to be grown in the block is limited to one-fourth of the block area.

2. The application io to be submitted in duplicate to the Executive Engineer or to any officer authorised bv him to receive such application⁰. It may be sent bv hund, presented personally or sent by post.

3. When order is passed, the duplicate form will be retimed to the applicant endorsed with the Executive Engineer's final order

4. 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.

5. No sanction Vill ordinarily be given for the irrigation of any land to any person ©the" than (1) the sole occupant or nil joint occupants, (2) lessee, (3) a person havinfr the right lo oairv on irrigated cultivation of the land for the period of the sanction or (4) a penion duly authorised on behalf of f,ny of these ta receive such sanction.

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 jn sanction to him.

S. Sanction will be refused for the irrigation of any land

which i# found to be unsuitable for this form of irrigation.

9, The Executive Engineer will sanction block subject to a mjnimnim of and in multiples Of hectares. The different hectare plots forming a. block may not be continuous but must be on the same outlet.

CONDITIONS

1. Th© area of .sugarcane plantain shall not exceed one- fourth of the total area, of the block, except as puovide below.

When new sugarcane/plantain is to 1" planted at some time before a standing wop in same block is cut, permis- sion will be given for suc-h planting, although the total area of the standing ciop and the newly planted crop exceeds one-fourth of the block area, on the following conditions, and In the following circumstsnce* z

(1) that water is available after provldta* all supplies

already sanctioned;

(2) that the giving of the additional suuplv required can b" arranged for consistently with necessary arrangement's, for maintenance, repair intf working of the canal;

(3) that if the standing sugarcane /plantain crop has been planted between a dated which may be notifi- ed from time to time and 3lsV August, next follow- ing, permission shall not bo given for the planting of such new suparcanc/plantain crop before the break of the monsoon in the following year;

(4) that if the standing sugarcane/plantain crop has been planted between 1st September and a subsequent date which may be notified from time to tfme, per- mission shall not be fiiven for the planting of such new sugarcane/plantain before the standing cane crop is 9 months oldi

(5) that the area¹ of the new sugarcane/plantain shall not exceed the area or standing sugarcane/plantain which satisfies the conditions (4);

(6) that the application ia made on form VI tor the- supply of water required in addition to that peovidta by the original sanction.

The charge will be the sugarcane/plantain rate for the excess of sugarcane/plantain area over one-fourth and for th" period of overlap applied for.

2. No second ratcon of sugarcaflo /plantain shall be •

allowed. Water shall not be supplied to anv piece of land for irrigating more than two Sugarcane/plantain crops during any period of five irrigation years.

3. To the remaining three fourth area of the Mtfck wflW shall be given for irrigation for about eight months from 15th June (if water be available or frfwn the break Of the monsoon till the 14th February foilowirtff. Thii Ari& sRall not be irrigated efther from the canah or welh between the 15th February and ffie 14ih June Of the following year' except as provided below :-—

Provided that if water is available, sanction shall be fiiven with effect from 25th Mav to early watering in remaining one- fourth of the area of green manure crop only.

4. If siwarcane plantain i^ not grown on the full one- fourth area of the block twice the area in units noc so utilised may be planted with oihei crops (Excluding long term fruit trees and pan-gardens). If stigarcane|p1antain or other crops in lieu thereof fail, a similar or lower rated crop of a succession of such crops may he planted in the¹ same or any other equal area of fhe block in lieu thereof.

5. If the holder of the block does not Brow any seasonal crop jn Kharif or Rabi season or both seasons in the three fourth areas of the sanctioned block to. be earmarked for seasonal crop, he will be charged the lowest water rate admissible to any crop, in the season or seasons subject to

'the concessions hi water rates admissible for block.

6. The Wock may be cancelled at the request of the

blpdc bolder—

(a) From the beginning of the fiist year if he applies for cancellation within one month from the date of sanction;

(b) during the remaining period of sanction if he gives notice of cancellation in writing before the 15th November preceding die v"ar beginning from February 15th from which the block h not re- quired.

Provided that the Executive Engineer may at any time after giving twelve mounths notice cancel any block or any part of ft block if in his opinion further continuance of supply to it is objectionable.

7. When exemption from water rate is granted in accor- dance with Condition 6 subsequent permission to irrigate the whole or part of the block area so exempted shall if water be available bp given only fit 1-1|4 -time the block rate, subject to the proviso that' if it is desired subsequently to irrigate seasonal or two season crops only in the exempt- ed portion, permission may be granted at the sanctioned rates provided that an application! in Form VTI is received before the date fixed in accordance with rule 5(1) of the I>adra and Nagar Haveli, Canal Rules, 1984,

, 8. When a sugarcane/Plantnin block is cancelled at the request Of the irrigator under condition 6 a further supply of water tor the irrigation of sugarcane/plantain within the area of the cancelled block shall not be sanctioned within a period of one year from the date of cancellation.

9. The* Khat'edar under the sugarcane/plantain block should obtain the certificate from talati that "No Irrigation Dues are outstanding" attaint him and to produce h! on 1st June of each year failinp which it will be assumed that "Irrigation Dues are outstanding against him and supply of canal water will be stopped and his block will b" liable for cancellation.

10. The block wnction h liable to be cancelled ox the supply to any crop irrigated ynder the sanction is liablo to be withheld or stopped entirely for breach of any of the abovo conditions or any rule of the D&N.H. Canal Rules, 1984, after giving to the applicant affected thereby reasonable opportunity of being heard.

11. The water charges due fiom the applicant shall be directly deducted by the Co-opeiativc Sugar Factory of which he is a member, from the amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Talati for crediting the name into the applicant's account and receipt for the same shall have to be. obtained by the applicant from the said Co-operative Sugar Factory, If under any circum- stances, it is not possible to effect iecovtrv of water charges in the manner above said, the concerned Talati shall take direct action for recovery of water charges in accordance with rules 177 force"'.

Receipt to be given to the applicant in token of receipt of application for sanction under 1/4 sugarcane/plantain block.

Canal,

Nome of Village.

Name of Applicant.

S. No.

Date of application.

Date of receipt of

application with remarks if any.

Signature of Cunal Officer receiving watet application.

FORM VI (Sc* Rule 10(3) (g)

(ORIGINAL)

Form of application for water for Additional waterings

of application,

——The Executive iingineer, Division.

4

5 6

7

8

I have submitted herewith a block aD-

plication for the years.

4. The name and address of the person to whom and the manner in which the order on this implication should bo dehveied are :—

Signature or left hand thumb impression for the applicant.

Signature of the witness.

Signature or left hand thumb,

impression of the occupant.

or joint occupants or superior holder,

or joint superior holder in caset.,

in which the applicant is not the,

occupant or superior holder.

Forwarded for junction as follows ;—

(1) Area to be sanctioned-H. A.

(2) Period of sanction—From To.

(3) Water rate to be charged per acre,—Rt.

Date Sub-Divit,ion Officer,

Sub-Division.

Sanctioned.

Date Executive Engineer, Division.

(Note —Details of Security bond to be invariably furnished

by non-owner applicants as per instruction (6).

Name of sureties —0)

a)

Survey No of

As per Form No. Vill given as security as per Form IX,

Information regarding sanction of application in Form VI

to bo suppleid to the Talati of the village concerned. Canal,

No. of application.

Name of Village.

Survey No.

Name of Applicant.

Crop, season and the area coveted and sanctioned

Area Crop

H.A.

Season and period

Kharif

Rabi

Two seasons

Hot weather crop

Sugarcane

Date of sanctione and Canal Officer

remarks.

Date :

INSTRUCTION

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 10(3) of the Dadra and Nagar Haveli, Canal Rules, 1984 fpr short period not covered by the tespective sanctions-

2. The application is. to be submitted in duplicate to the Executive Engineer or to any officer authorised bv him to recehe such applications. It may bo sent by hand, present- ed personally or sent by post.

3. When order is passed, the duplicate form will bo returned to the applicant endorsed with the Executive Engi- n e) % 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 (he order of the Executive Engineer is to be jjiven and whether the order, should be sent by post or deli- vered from) any canal office, or kept at any office to be called for postal itnimation being sent when it is ready for delivery.

5. No sanction on this foim will be given for th© irriga- tion of any land for the irrigation of which a seasonal, a perennial or a block pass baj not already been issued or |x seaaonal perennial or a block application is not submitted alongwith this form. At No. 3 on the forrri the applicant must state the number and kind of pass he holds.

6. Any applicant may be required to furnish a Bond in Form Vill executed by suitable sureties or execute a mor- tgage bond in Form IX as security for the payment of all amounts which may become due to respect of the water to be supplied under the wnction. 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 Tlic Executive Fjigineer will ordinarily sanction areas

which ara multiples of half acre. (20 Ares).

CONDITIONS

1. After an application h;ij been sanctioned, full water

rates shall be payable for the area end period sanctioned by the Executive Engineer whether the area is irrigated or not, provided water was available durins the period. No water rate shall be charged in the case of perennial crop* 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 t'o any crop irrigated under the sanction is liable to be withheld oi stopped entirely without notice for breach of any rides of the Dadia and Nagar Haveli Canal Rules, 1984 or of condition 2.

4. The water charges due from the applicant shall be directly deducted bv the Co-operative, Sugar Factory of which he is a member, from" the amount that may be due to him for sale of sugar cane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Talati for crediting the same into the applicant's account and receipt for payment of the same shall have to be obtained by the applicant from the said Co-operative Sunar Factory, If under any cucunutances, it it not possible to effect recovery of watci charges in the manner above Said, the concerned Talati shall take Direct action for lecovery of water charges in accordance with rules in force.

Receipt to be given to ihe applictat \n token of receipt of (replication in Form VI.

Canal

Survey No.

Name of Applicant.

Crop, season and area as per requirement.

Crop

Area

Season and period H.A.

Khftri Rabi Two season Hot weather crop. Sugarcane-

Date of application. Date of receipt of application and remarki.

Signature of application receiving Officer.

FORM Vii

(Original)

Ordinary application for Water for irrigation.

No. of application.

To—The Executive Engineer, Division.

1, „ -resident of ^ VILLAGE JN Upton Temtoxy of Dadra and Nagar H^yeli make tbis appli-

Survey No. Name of village

Distributing

cation for the supply of water from the . canal for the purpose of irrigating the under mentioned land hereinafter described subject to the provisions of the Bombay Irrigation Act, 1829 as extended to Union Territory of Dadra and Nagar Haveli and any ..other Law for the time being in force relating to irrigation and all the provisions of the Dadra and Nagar Haveli, CanaJ Rules, 1984 and "ubject to the conditions specified on the reverse of this application to which I agree :—>

Total area Name of crop.

Total area of the holding No applied for

Total area of Survey No.

Channel

No.

Outlet No.

1

5

3

4

2

H.A.

2. I am the-—- > " -<< of the land for which water has

fbeen'tepplieii for atarive.

9. Itisve .paid-all arreato of tater'F"tea upto and including the- _ —•eMon df !"-<—. i dm in arreas of water .'fates for the only. .. n • m •• i.

4. The name and address of person to whom and the man- ner in which-the dM*r On this -dppliotttion.should be delivered are:—

•Date : •• - .y . .

Signature or left hand thumb impression of the

applicant.

•Signature -of the -witness.

Slgiritwreofleft hand thumb impression of the occupant "r "3$int occupants or lessee in cade in which the applicant h •ibit'ihe occupant *r lessee.

•forwarded 'f"r-rtnction-fla follaWs :"-

(1) Area to be sanctioned.

/ (2) Period of sanetion^Frem-^—^' T o^ . -.

{3) Water rate to be charged—* r-per acre Rs. .

Date Sub-Divisional Sub-Division. Officer.

Sanctioned.

Date : >—i Executive Engineer, Division.

(Note:—Details of Security bond to be invariably fur-

nished, by non-owner.

Applicant* as per' instruction 7).

-AlvPfr-Ffirm Vill.

-Nanje-ef-wiTetiw (I) "&>

*it.-No. of Given a* security as per

Period foj whjch water is required.

S

7

9 6

H.A.

H.A.

Sanctioned Area

Hectare Arc

One water Kharif Rabi Two Season Hot weather crop Sugarcane-

Date of sanctioned application arid remarks.

Date: Canal Officer.

INSTRUCTIONS

1. This form is to be used for such Irrigation only for which no other special form has been prescribed in Rules 10(3) of the Dadra and Nagar Haveli, Canal iRules, 1984.

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 tent by post.

3. When order is passed the duplicate form will be return- ed to the applicant endorsed with the Executive Erjgineer'f final order.

4. 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 •uperior holders, (3) a person having the rifht to carry on irrigated cultivation of the land for the period of the sanc- tion or (4) a person duly-authorised on behalf of any these eto.'Tcceive "uck sanction-

TtitinTK.

Information to be suopHed to the Village Talati regarding

sanctioned application In Form No. VTX.

Canal

No. of--application-

Name of Village

Survey No.

Name of applicant.

5. 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. He must also state at No- 3 "On the form the season up to and including which he has paid arrears of water rates. If he owes any .water artea he must state the seasons on years for-which is^dcGi so.

6. The applicant ?hpuld t1not" in . the - sojice -.provide^ at No. A on iba form the tname..and addresa of the fenion to whom the order on this form it to be given and whether It.should! be. sent by post, or-delivered-from any canal-office, pr,kept at-any.officeiQ.*e eaUed for, postal itotimation beinR wnfr when It is^ ready for; delivery.

. Anv anplicant may be required to furnish a Bond in Form VHIi execut"d.-.by *wo suitable • surettes 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 grunt of sanction to him.

8. Sanction will be refused for the irrigation of and land

which is found to be unsuitable fox this form of irrigation.

9., Executive Engineer will ordinarily sanction areai wiJlch

are multiple's of half an acre.

CONDITIONS

1. After the application has been sanctioned, full wa.ter 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. Nlo water rate shall be charged in the case of perennial crops when the applicant gives a written intimation to the Executive Engi- neer wUhin one month from the date of sanction of Hie application that water is not required, provided such sanction for perennial crops was granted for a period of .onp year or more.

Works Department on which -Government hai not incurred

any expenditure.

No. of application :

To

The Executive Engineer • ——Dn-

I

resident of

village U.T. of Dadra and Nagar Haveli make this application for the purpose of irrigating the undermentioned land here- inafter described subject to the provisions of the Bombay Irrigation A ", 1879', as extended to U.T. of Dadra arfd Nagar Haveli and Government orders issued thereunder from time to time for the supply of water from-—•— • - • River _^ Nalla ___ i Bh-udki —.—<—-——Drain , Tank and subject to the conditions specified on the reverse of this application to which I agree. I attach a plan herewith show- ing the land proposed to be irrigated by me..

2. I am the

2. Each type of crop (namely, sugarcane, pan, ordinary perennial, two season and seasonal) shall be grown only to the extent of the sanction shown on (fae pass, but an equal area of any lpw.er rated type may be substituted.

3. The area sanctioned shall not be exceeded.

4. The sanction Is liable to be withheld or the supply to any crop irrigated under the sanction is liable io be. withheld or stopped entirely without notice for breach of any rule of the Dadra and Nagar H^veli Canal Rules, 1984 or of any of the conditions of this form of application.

5. Water shall be given for the whole season, if available, or> at the discretion of the Executive Engineer, for as many waterings as may be possible.

6. Full water supply is not guaranteed but an intimation of the possibility of a shortage of water during the"season for which application is made shall be given at the earliest date possible.

7. 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 Jiis representative for the benefit of irrigators whose fields are situated below his land.

8. Water for any area of sugarcane sanctioned is subject to the condition that water is liable to be withheld from new sugarcane area, after 31st May, if necessary. Each consecutive watering after 31st May shall require the sanction of the Executive Engineer. Such sanction shall be accorded if water is available in the tank for agricultural purposes but if it is .insufficient at any time of the season all further watering *pay be stopped and -the irrigator shall not in that case claim cpmpensatjorj for any damage of the sugarcane crop due lo shortage of water.

9. The water charges due from the applicant shall be dircct- Jy deducted by the Co-operative Sugar Factory of which ho is a member, from t£e amount that may be due to him for sale of sugarcane. The Co-operative Sugar Factory shall pay the amount so deducted to the concerned Talati for crediting the sirne into the applicant's account and receipt for payment of the same have to be obtained by the applicant from the said Co-operative Sugar Factroy. If under any circumstances, it ia not possible to effect recovery of" waiter charges in the manner above said, the concerned Talati shall take direct action for recovery of water charges in accordance with rules In force."

"FORM VII-A"

[See rule 10(3Hb)J

(Original)

Application for simply of water free of charge for irriga- tion from Ntllas. Rfvers, Streams etc. vesting in the Public

of the

land for which water has been applied for above.

3. The name and address of perion to whom and the manner in which the order on this application should be delivered are:—

Date Month Year Signature or left hand tjiumb impression

of the applicant.

Signature of the Witness.

Signature or left hand thumb Impression of the occupants or superior holder or joint superior holders, in. cases in which the application is not the the occupant or leases holder.

Forwarded for section ;is following

(1) Area to be sanctioned Acres Gubthas

(2) Name o~ sanctioned crop From To

(3) Period L,. sanction From To

Date Mouth Year Sub-Divisional Officer

Sub-Dn.

sanctioned.

Date Manth Year Executive Engineer,

Dn

(Note: —Details ^f 6e;uxity bond to bs invurably furnished

by nojj-ow icr applicants as per details below).

Name o' sureties (1) Given as security as per form

(2) No. IX.

Survey NIL . o

INSTRUCTIONS

1. Thii form is to be use4 f°r the permission to supply water from Rivers, Nallas, Streams, Bhudkies, Drains, Tanks vesting in the Public Works Department on which no ex- penditure has been incurred by Government.

2. This application shall be submitted in duplicate to the Executive Engineer or any officer authorised by him to receive such applications. It may be sent by hand, presented personally or sent by post,

3. This application shall be tendered three months in ad- vance for the season in which the supply of water is required by the applicant.

4. No sanction will ordinarily be given for the irrigation of any land to any person other than (1) the sol,; occnpan.1 Or all joint occupants, (2) the sole Lesser holder or all joint holders, (3) a person having the right to carry on irritated 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.

5. The applicant should submit a plan of the land In the iurvcy Nou or survey Nos. concerned along with the applica- tion.

6. The applicant must state in pargraph 2 in the form of application the nature of his interest in the land or of his authority to apply for sanction for carrying on irrigated cul- tivation in the land. He must also state in paragraph 3 in the said form the name of person and his address on which the sanction is to be communicated.

7. On completion of the application and after due erfciuiiy in to the application, the Executive Engineer having regard to the existing riparian rights of the cultivator* on the soi.rcc of water may either sanction it fully or partly or reject it. In case the application is sanctioned pass for the use of water shall be issued to the applicant. Such pass shall be valid only for the period specified in it. In case the application is reject- ed, the duplicate copy of the application shall be returned to the applicant after stating for rejection.

8. Sanction shall be refused for the supply of water for growing crops where there is a danger of _can.al water being taken surreptitiously.

CONDITIONS

1. Sanction will be granted for the use of water free of charge for growing food and fodder crops including onions.

2. The applicant shall make a channel or channels for taking water to his lands at his own cost and responsibility.

3. Crops irrigated by the water supplied under pait X of the Dadra and Nagar Haveli Canal Rules, 1984 shall be leparated from all crops irrigated by water supplied otherwise

, under the Act by at least 50 ft. at all places.

4. The applicant shall not interfere with the natural drainage or artificial channels in utilising the water sanctioned for his lands.

5. When irrigation channels from canal run parallel to lift channels, they shall have an uncultivated dry trip of not less than 15 feet between the outer tocn of the inner banks of the channels.

6. When canal water is crossed by lift channels, the crossing shall bo of pacca masonry and pipe crossing which •hall be to the entire satisfaction of the Canal Officer.

7. 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 200 feet from the edge of the canal boundary or Distributary boundary limit.

of the village

8. The area for which the matter has been sanctioned by the Executive Engineer shall be marked on a plan which, the water shall be signed by the applicant.

9. No claim for compensation on account of damage to crops due to the failure or deficiency of water &hall be enter- tained,

10. Foi 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 alio be liable to the penalties imposed under the provisions of the Bombay Irrigation Act, 1879, as extended to U.T. of Dadra and Nagar Haveli and Rules framed thereunder.

11. No canal water shall be granted to or utilised for the

areas brought under cultivation under the pass.

12. 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 lia- ble to paucities imposed for unauthorised irrigation under the Bombay Irrigation Act, 1879 as extended to U.T. of Dadra and Nagar Haveli and Rules framed thereunder.

13. No water shall be taken by the applicant before his application has been sanctioned and before a pas* has bgen delivered to him.

"FORM VII-B"

[See rule l

Form of application for registration as regular rntgator* on

Tube Well*

No. of application •

To

The Executive Engineer,

— .—*— -Division,

I/We resident/s of . village— 1 ' —-U.T. of Dadra and Nasar Haveli tender this application for registering myself/ourselves for the supply of water from the T.W. N o . —^ • of Villajte for six years in succession from the 15th February 19 to 14th February 19 (both inclusive), subject to the provi- sions of the Bombay Irrigation Act, 1879, as extended to U.T. of Dadra and Nagar Haveli and of any other Law for the time being in force relating to irrigation and subject to the provisions of the Dadra and Nagar Haveli Canal Rules 1984, as corrected from time to time and all the conditions specified on the reverse of this application to which I/We, agree, for the purposes of irrigating land hereinafter des- cribed, namely:—

Name of the Owner/lessee

Sr. Name No. "

Namt of the Sub-division

Name of the Tube well, block and No of Tub" well.

2

3

4 1

Total area of Survey No.

Survey No. of the land

Area sought to be irrigated for registration pur- poses.

7

6

5

8

2. I/Wo am/are the—— of the land for irrigat-

ing which water has to be supplied.

3. The name and address of person to whom and the manner in which the order on this application should be delivered aro •

Date 19

Signature of the witness.

Signature or left hand thumb impression of the applicant.

Certified that the above particulars of title and extent have

been dulv verified by me and have found to be correct.

Talati

tillage

Forwarded for registration as d Jlivys : —

(3) Area to bs rcgi-tereO (t) Name of Tubewell Block (2) T.W. No. Village Hectares Areas (4) Period fr,"m

to

(Signature)

Date 19 Sub-Divisional Officer Sub*Dlvui >nal Registered vide Nc. dated Dated 19

Executive Engineer, Division.

INSTRUCTIONS

1. This Form is to be used for application for registration as regular irrijiators on tubcwells. The registration envisages irrigation for six years in successions in accordance with the conditions specified below.

2. The application is to be submitted in duplicate to the Executive. Engineer or to any other officer authorised by him to receive such applications, it may be senj by hand, presented personally or sent by post,

3. When an order is passed on the application, the dupli- cate form will be returned to the applicant duly endorsed with the Executive Engineer's final order.

4. The applicant should note in the space provided in paragraph No. 3 of the Form of application the name and address of the person to whom order of the Executive Engi- neer is to be delivered and whether the order should be sent by post or delivered through any canal office, or kept at any office to be collected by applicant thereat. Postal inti- mation about the order will be sent to the applicant when it is ready for delivery.

5. Sanction will be refused for the irrigation of any land

which is found to be unsuitable for irrigation.

CONDITIONS

1. Standing charges as may be fixed by the Administrator from time to time shall be payable by the regular irrigator every year, irrespective of whether he takes water for pur- poses of irrigation or not. In case a regular irrigator obtains sanction for more than on season in tho same irrigation year, he shall be required to pay additional standing charge as may be prescribed by the Administrator from time to time as may be fixed by the Administrator from time to time.

2. Regular irrigator shall be charged for the water supplied for irrigation in accordance with the variable charges as may be fixed by the Administrator from time to time for different seasons. The water so supplied shall be measured at the V-notch, However, a minimum charge as may be fixed by the Administrator from time to time shall have to be paid as variable charges for any crop season even if no water is availed of in that season in the irrigation year. If water is any one or more ieasons, a variable charge depending on the quantity of water taken at the rate prescribed by the Administrator from time to time shall be charged per season, subject to a minimum charge as may be prescribed by the Administrator.

3. It shall be open at "any time for the regular irrigator to get his registration cancelled for the rest of the period of agareement by giving at least six month*, previous written notice in Form VII-C after paying all the charges than may nave become due upto the date of cancellation. The can- cellation shall only become effective in. the next irrigation year begining on the 15th February following the expiry of the period of notice.

4. If the regular irrigator desires to get his registration cancelled by notice during the first two years of the agree- ment, he shall be required to pay full charges for irrigation availed of in the period, as if he were not a registered irri- gator or minimum charge as may be prescribed by the Admi- nistrator from time to- time, if he has not availed of irriga- tion facilities, whichever may be the case, in each year.

5. The registration, of the applicant is liable to be cancel- led or the supply to any crop irrigated by virtue of the. regis- tration and specific sanction for the crop is liable to be with- held or stopped entirely without any previous notice for breach of any of the above conditions or any rule of the Dadra and Nagar Haveli Canal Rules 1984 or any other rule as may be prescribed by the Administrator from time to time.

6. A regular irrigator duly registered shall have to • apply of water to the Canal Officer in the prescribed Form every season before the date fixed for submission of applications under rule 11 of the Dadra and Nagar Haveli Canal Rules 1984,

7. The registration in itself does not eonfer on the appli- cant any right to a supply of water. An aoplication for a supply water, dulv submitted before the date fixed by a regular irrigator shall be entitled to preference over that duly submitted by a casual irrigator before the date fixed.

8. No application for a supply of water which is in all respects valid and has been received before the date fixed from a regular irrigator shall be rejected unless the total area of irrigation applied for by all the regular irripators as it stands on that day exceeds the irritable target of the tube- well for the season. That is to say, applications of regular irrigators shall be sanctioned on the basia of the principle. "First come first served" until irirgable target Is reached,

9. The rejection of an application for a suDply of water from a regular irrigator either on account of the application not having been submitted before the prescribed date fixed or on Recount of the irrigable target having been reached as stated in condition 8 nr on nny other Ground shall not consti- tute waiver of the rieht of the Administrator to levy si'andinir chnrges and minimum variable charges.

10. The reRistration hold good only for the area under the

survey No. for which the registration is spnetioned.

The applicant|appl'cants has|have been not been regis-

tered as a regular irrigator 'irrigates, vide this office No. date

Sub-Divisional Officer, Sub-Division.

No. date 19

Office of the Depvtv Fmtineer, Sub-Division,

Date 19

ShrilSarvashri,

With reference to your application for registration ai regu- lar irrfgatorlirrigators, you are hereby informed that von are recistcrfd as B regular irri£jator|irrigators for irri?atinji the said land bearing Survey No. as shown below, for six years in succession commencing on the 15th Febrna'-v and ending on the 14th February /your appli- cation for registration cannot be considered.

Sub-Divisional Officer,

Sub-Division

Survey No. area for which registration is sanctioned.

Tubewell No. Block No. Strike out whichever is not applicable.

FORM VII-C

[See rule 10(4) (a)]

Form of application for the cancellation of registration

as regular hrigaxar on Tubewclls,

To

The Executive Engineer,

Division.

Waweaj I/We- , the residents of

village in the U.T. of Dadra and Nagar Havcli wnlare a •regular irrigator/irrigaloi s regisicied for six ycais in t>uo- ceision commencing on the 15th Fcbruaty and ending on the 14th February, under No. dated of Sub-Division in respect of the land shown In the Schedule heiein below, I/We hereby apply for cancellation of the registration as regular irrigator/imgato'S.

SCHEDULE

of the village

Area registered

Name of the owner/Tenant

Survey No. of land

Name of the

sub-division

Name of the Block and No.

Sr. Name No.

5

4

1

3

2

2. I/We have been a regular irrigator/irrigators for

year* in succession commencing on the 15th February and ending an the 14th February.

3. I/We- declared all outstanding irrigation charge*' levi- able from ino/u" a* irrigator/irrrgaior*, casual irrigator/ irrigaturs or as regular irrigators upto tb© date of this application.

4L I|WO undertake to pay up "11 the charges that may be- come (hi© hereafter upto the date of cancellation of regis^ 'i trattan,

Signutwio or ttnnnb impression of Rejector irrigator/iirieaton.

Certifed fhnt' all the irrigation charges for the irrigation- eensons during the period commencing on the ?5th February anil ending on the 14th February have

been duly paid by the said irrigator/irrigator*.

Talatl Villajse

The registration madn under No. of dated

~————Sub-Division is hereby eancefled/cannof be can- celled as 'he regular iniBator/irngttois have not paid up the irrigation charges upto-date.

Sub-Divisional Officer, —Sub-Division.

Shri /Sarvashri .

No. dt. 19 Office of the Deputy Engineer, • Sub-Division.

Dated.

Name of village

Total area of Survey No. of Tubewell

Reasons for applying for cancellation i f any

9 6

7

8

With reference to your application dated for the cancel- lation of the registration as regular irrigatorlirrigators in, re- pect of the registration made under this office No. dated , you are hereby informed that tho registration cannot be cancelled as you have not paid up the outstanding irrigation charges uptodole as per rules/ha* been cancelled.

Sub-Divisional Officer,

Sub-Envision

Strike out whichever is not applicable.

FORM VII-D

{See rule 10(3X0]

(Original)

Ordinary application for wale; for irrigation from tabe-

wells.

No. of application.

To

Division.

1- I.

resident of village in the U.T. of D4dra and Nagar Haveli, hereby apply for the supply of water from the canal for the pur- post of irriitattaK the land hereinafter described, subject to the provisions of the Bombay Irrigation Act, as extended to U.T. of Dadra and Nagar Haveli and any other law for the time being in force relating to irrigation and all the provi- sions of the Dadra and Nagar Havoli Canal Rqfe, 1984 and ELibjoct t© the conditions specified OJJ the rcv"tsa o{ thjp application to which I do hereby ofirce :—

Distributing

Survey No. Total area

Nai"" of crop.

- of survey no.

Channel Outlet No. Tube - No. Welh.

1

Tota.1 atea applied for

Total area of the holding. ip survey no.

Period for which wattr ii required

2 3

4 5

6

8

i

- i

2. T am the of the land for which water has

b^en applied for dbovc.

3. I have paid up all of water iates upto and includinc the season of 19 I am arears of water

rates for the Benson only

4. The name and addiess of the person to whom and the manner in which the order on this application should be iJeliveied ore .—

5. My name has been/has not been registered as recular

inigatoi undet registration.

Form No.

6. I ha\e taken water under pass No. in the Rabi/Kharif/Hot weather season iu the above mentioned S. No.

Date 19

Signature or left hand thumb impression of the applicant

Sifinat'uie of the Witness.

Signature or left hand thumb impression of the occupant or joint occupants or lessee cases in which ilie applicant is not the occupant or superior holder.

Forwarded for sanction as follows ;—

hectare/acre

2. The application is Vo be submitted in dnplicte to the Executive fcngineei oi to any officel authorised by him lo recs've such applications. It may be sent bj hand, piesented personally or sent by post.

3. When an order is passed on the application, the dupli-

cate foim will be returned to the applicant endorsed with the Fxccutivc Engineer's final order.

4. No sanction will ordinarily be given for the irrigation of any land to any person other than

5. The applicant must state in paragraph 2 of the appli-

cation in the Fotm the nature of his interest in the land or of his authority to apply the sanction tor carrying on irrigated cultivation in the land. He must also state paragraph 3 of the application in the ^orm the season up to and including which he has paid up arrears o£ vater iates. It he owners any amount on account of water rates, he must state the sea- sons of years for which he does so.

6. The applicant¹ should note in the space provided in paragraph 4 of the application in the form the name and address of the person to whom the order on his application Js to he delivered and whether it should be sent by post, or deliveicd through any canal office, or kept at any office to be collected by the applicant thieat. Postal intimation about the order will be sent to the applicant when it is ready for deliveiy.

Hot

8, The standing chaiges and variable charges as fixed by the Administrator from tune to lime shall bo leviable, from each in-igator.

y. The standing charges and minimum variable charges shall have to be paid if the application is sanctioned even- though no water is taken, so Ions as water was available.

"10. The water chdijjes due from ihe applicant shall bo directly deducted by the Co-operative Sugar Factorv of which he is a member, from the amount that may be due to him for sale of sugarcane. The Co-opiMtive Sugar Fac^ lory shall pay the -mioum' so deducted to the concerned Tahiti for crediting the same into the applicant's account and receipt for payment of (he same shall have to be obtained by the applicant fiom the said Co-cperative Sugar Factory. If under any circumstances, it is not possible to effect ie- covcry of water charges in the manner above said, the con- cerned Talati shall take direct action for recovery of water charges in accordance with rules in force.

(Strike out whichever in not applicable).

FORM VII-E

'See rule 10(4)(b)l

hotm of application for the cancellation of Block

To,

The Executive Fngineei,

— Division,

Whereas I/We the ievident of—•—•— — village in the Union Territory of Dadra and Nagar Haveli and am/are a Block Holder for years in succession com- mencing on the——— and ending en the -under No. dated——•—— of. Sub-Division —— —-in respect of the land shown in the Schedule- herein below, I/We hercby apply for cancellation of llie Block.

SCHEDULE

Name of village

Name of owner Survey No. /Nos of lands

Type block

Total area of survey No.

Sr. No

¹

4 2

3

Ha. a.

2. 1/Wc have been a holder/holders of Block for

years in succession commencing on the — — a nd ending on the

.

3. I/We have cleared all outstanding irrigation chargei leviable on me/us as Inigator/lrrigators, Block Holder/Block Holders upto the date of this application.

4. I/We undertake to pay all the charges that' may become

due hereinafter upto the date of the Block sanction.

Signature or Thumh impression of Block Holder/Holders.

Certified that shall be iirigation charges for the iirigution

season/seasons divine the period commencing on the and ending on the have been duly paid by the said Inigator/Trrigators.

Sanctioned area under block

Reason for can- cellation if any

6

5

7

8

Ha,

a. Ha. a.

Sbn/Sarvashri

No. dated 19

Office of the Deputy tngineei

Sub-Division

With reference to your application dated— __

for the cancellation of the block in respect of which sanc- tion is given under this office No. — — dated you HIP hereby informed (hat the block sanction cannot be cancelled as von have not paid up the outstanding irrigation charges upto d.ite as per rules/has been cancelled,

Sub-Divisional Officer, Sub-Division.

and whereas he has been leqmred to funish security for the payment of water rates and other chaiges

We

residsni of

village in the UT of Dadra and Nagar Haveli do hereby declare ourselves sureties and for the above mentioned

that he sball dulv pav at the 01 escribed

time o- times ev^ry rate charge penalty or other sum whatsoever that shill become due fiom him in respect of the supply of watei g' anted to htm in pursuance of his said application, and in case of his making default therein we, ea^h of us for himself, his hens executo>s anj adraniistidtors ag ee to pay to the Administrator of Li T of Dadra and Nagar Haveli such sum not exceeding m the aggregate rupees

as shall be demanded of us, or of either of us or ot an> heir executor, or administrator of either of us on account of any such *a*e, charge penalty or otter sum aforesaid,

and we do further agree that the amount ef anv such rate, charge, penalty ci other sum aforesaid may if neces-

Village

Taluka

Survey No

1

2

3

and whereas I have been lequired to furnish security for the payment of water rate-, and other charges in respect of the water supply

District

Taluka

sary be covered fiom eithei of Ub or from any hen executoi or Administrator of either of us, if the same were ar arrear ot land revenue due fiom us of either of us, to Government.

Dated ant. Mgne J tms day o

19 in the press ice of (1

and (2) (ii-"Titi-; " S Ks*v ) (1)

(1)

fSigiamre o witness.)

(~)

(Sign itute o witn s<< )

(Signature of stre>) O

FORM IX

Wheieas I, . resident of

village in UT of Dadra and Nagar Haveli have applied for a supply of water from the canal to irrigate the land herembelow described ,namely •—

Name of crop ot Period of irrigation Area of

Bljck