Delineation of Command Area of Water Users? Association at minor level.

§6

Summary

(1) A Canal Officer not below the rank of an Executive Engineer duly empowered in this behalf may, by notification in the Official Gazette and in accordance with the rules, on hydraulic basis and having regard to the administrative convenience, delineate command area of Water Users Association at Minor Level separately within lands under irrigable command and declare it to be an area of operation of Water Users Association at Minor Level for the purposes of this Act. The area of operation so declared may include both flow and lift irrigation. (2) The notification under sub-section (1) shall contain,- (a) a certified copy of updated map of area of operation of Water Users Association showing prescribed details necessary for operation and management of such Association; and (b) a certified copy of updated list of landholders and occupiers of land with prescribed details within the area of operation of Water Users Association at Minor Level. (3) The notification published under sub-section (1) may be given wide publicity as prescribed and may also be published in such other manner in or in the vicinity of such area of operation of Water Users Association at Minor Level as the Canal Officer may think fit. (4) Any person desirous of obtaining a copy of the notification under subsection (1) may, on an application being made in that behalf, and on payment of such fees as may be prescribed, obtain the same. (5) Any person aggrieved by the notification issued under sub-section (1) may, within thirty days from the date of publication of such notification in the Official Gazette, file an appeal before the Canal Officer: Provided that, no Canal Officer below the rank of Superintending Engineer shall be notified as the appellate officer by the Government. (6) The Appellate Officer may pass such order in the appeal as he deems fit, and may pass order modifying the notification. On passing such modifying order, such notification shall stand modified to the extent and from the date as specified in the order: Provided that, no order of modification of any such notification or part thereof, affecting any person shall be made without giving such person a reasonable opportunity of being heard.

(1) A Canal Officer not below the rank of an Executive Engineer duly empowered in this behalf may, by notification in the Official Gazette and in accordance with the rules, on hydraulic basis and having regard to the administrative convenience, delineate command area of Water Users Association at Minor Level separately within lands under irrigable command and declare it to be an area of operation of Water Users Association at Minor Level for the purposes of this Act. The area of operation so declared may include both flow and lift irrigation. (2) The notification under sub-section (1) shall contain,- (a) a certified copy of updated map of area of operation of Water Users Association showing prescribed details necessary for operation and management of such Association; and (b) a certified copy of updated list of landholders and occupiers of land with prescribed details within the area of operation of Water Users Association at Minor Level. (3) The notification published under sub-section (1) may be given wide publicity as prescribed and may also be published in such other manner in or in the vicinity of such area of operation of Water Users Association at Minor Level as the Canal Officer may think fit. (4) Any person desirous of obtaining a copy of the notification under subsection (1) may, on an application being made in that behalf, and on payment of such fees as may be prescribed, obtain the same. (5) Any person aggrieved by the notification issued under sub-section (1) may, within thirty days from the date of publication of such notification in the Official Gazette, file an appeal before the Canal Officer: Provided that, no Canal Officer below the rank of Superintending Engineer shall be notified as the appellate officer by the Government. (6) The Appellate Officer may pass such order in the appeal as he deems fit, and may pass order modifying the notification. On passing such modifying order, such notification shall stand modified to the extent and from the date as specified in the order: Provided that, no order of modification of any such notification or part thereof, affecting any person shall be made without giving such person a reasonable opportunity of being heard.

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