U.P. Irrigation (Emergency Powers) Act, 1950
No: 3 Dated: Jan, 29 1951
U.P. Irrigation (Emergency Powers) Act, 1950
-: ACT :-
1. Short title, extent, commencement and duration. - (1) This Act may be called the Uttar Pradesh Irrigation (Emergency Powers) Act, 1950.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
(4) It shall cease to have effect on the expiry of April 30, 1951, except as respects things done or omitted to be done before the expiration thereof, and Section 6 of the United Provinces General Clauses Act, 1904 shall apply upon the expiry of the Act as if it had then been repealed by an United Provinces Act.
2. Definition. - In this Act, "State Government" means the Government of Uttar Pradesh.
3. Order for use of water for irrigation. - (1) Whenever the District Magistrate receives an application for permission to use the water of any tank, reservoir, well, water-course or other collection of water for irrigation and is satisfied that it is expedient to grant the application and grant of the permission will not adversely affect the cultivation of the person in possession of the source of supply or storage of water, he may pass an exparte order granting the application and make such further order as may appear necessary for carrying out the same.
(2) Without prejudice to the generality of the foregoing provision the order may provide,-
(i) for water rate to be paid to the person in possession by the applicant for the use of the water and the period during which it may be used;
(ii) for the construction of water-courses and defraying the cost of these constructions or the prohibiting or restricting or the doing of any act which may cause obstruction to water-course;
(iii) for any incidental and supplementary matters, which the District Magistrate thinks necessary.
4. Charges for use of water. - Before making an order under Section 3 regard shall be had to the diminution of water and the damage to fish which is likely to result on account of the order and in fixing rate under Clause (i) of sub-section (2) of Section 3 due allowance shall be made for this fact.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.
(4) It shall cease to have effect on the expiry of April 30, 1951, except as respects things done or omitted to be done before the expiration thereof, and Section 6 of the United Provinces General Clauses Act, 1904 shall apply upon the expiry of the Act as if it had then been repealed by an United Provinces Act.
2. Definition. - In this Act, "State Government" means the Government of Uttar Pradesh.
3. Order for use of water for irrigation. - (1) Whenever the District Magistrate receives an application for permission to use the water of any tank, reservoir, well, water-course or other collection of water for irrigation and is satisfied that it is expedient to grant the application and grant of the permission will not adversely affect the cultivation of the person in possession of the source of supply or storage of water, he may pass an exparte order granting the application and make such further order as may appear necessary for carrying out the same.
(2) Without prejudice to the generality of the foregoing provision the order may provide,-
(i) for water rate to be paid to the person in possession by the applicant for the use of the water and the period during which it may be used;
(ii) for the construction of water-courses and defraying the cost of these constructions or the prohibiting or restricting or the doing of any act which may cause obstruction to water-course;
(iii) for any incidental and supplementary matters, which the District Magistrate thinks necessary.
4. Charges for use of water. - Before making an order under Section 3 regard shall be had to the diminution of water and the damage to fish which is likely to result on account of the order and in fixing rate under Clause (i) of sub-section (2) of Section 3 due allowance shall be made for this fact.
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