The procedure hereinbefore provided for the occupation of land for the construction of a water-course shall be applicable to the occupation of land for any extension or alteration of a water-course, and for the deposit of soil from water-course clearances.
                                                                            STATE AMENDMENT
Uttar Pradesh
Addition of new section 30-A to 30-G in Act no. VIII of 1873.--After section 30 of the principal Act, the following shall be added as new sections 30-A to 0-G :
    “30-A. Preparation of the scheme for an irrigable command area.—The Divisional Canal Officer may, with a view to providing for or improving irrigation facilities in an irrigable command area, prepare a scheme for the construction of water-courses and the carrying out of any work connected therewith in such area, anything to the contrary contained in any other law notwithstanding. The scheme shall contain —
    (i) a plan showing the site of the outlet, the existing water-courses, if any, the proposed water-courses and works connected therewith, and the areas already served and to be served by the existing or proposed watercourses;
    (ii) a statement showing the estimated cost of constructing the proposed water-courses and works connected therewith ;
    (iii) a memorandum showing the manner in which the scheme may be implemented; and     (iv) such other particulars as may be prescribed.
    30-B. Calling upon the Gaon Sabhas to implement the scheme.—(1) The Divisional Canal Officer shall, as soon as may be, forward a copy of the scheme prepared under section 30-A to each of the Gaon Sabhas and Block Development Officers within whose jurisdiction the land affected thereby is situate, and call upon the Gaon Sabhas to submit to him within a period of thirty days from the date of receipt of the copy, their approval or the scheme, or any objections, suggestions or modifications thereto.
    (2) The copy of the scheme shall, within three days of its receipt by the Gaon Sabha, be affixed by it on its notice board, and shall, within twelve days thereafter, be considered in a meeting of the Gaon Panchayat convened for the purpose and the decision of the Gaon Panchayat shall be deemed tobe for and on behalf of the Gaon Sabha concerned. The decision shall be communicated to the Divisional Canal Officer within the time allowed under sub-section (1).
    (3) If no objections, modifications or suggestions are submitted by any of the Gaon Sabhas within the time specified in sub-section (1), the Gaon Sabhas shall be deemed to have approved the scheme, which shall thereupon become final.
    (4) Upon receipt of the objections, modifications or suggestions, made by the Gaon Sabhas under sub-section (2), the Divisional Canal Officer may either confirm the scheme or amend or modify it and thereupon the scheme so confirmed, amended or modified, shall become final.
    (5) When the scheme has become final, the Divisional Canal Officer shall, by notice in writing, call upon the Gaon Sabhas concerned to take all such steps as may be necessary for the implementation of the scheme, and in particular to construct or cause to be constructed, the water-courses and carry out, or cause to be carried out, all works connected therewith, within the period fixed therefor in the notice, which may be extended from time to time.
    30-C. Securing or acquiring land for the scheme.—(1) Upon receipt of the notice mentioned in sub-section (5) of section 30-B, the Gaon Sabha shall give to all persons on whose land any water-course is proposed to be constructed, or on which any work connected therewith is proposed to be carried out, option to transfer by way of gift or surrender, as the case may be, free from all encumbrances, within the period provided therefor in the notice, so much of the said land in its favour as may be necessary for the implementation of the scheme.
    (2) Where any land required for the implementation of the scheme is not transferred to, or surrendered in favour of the Gaon Sabha under subsection (1), it may —
    (i) either purchase the land at such rates as may be prescribed ; or
    (ii) move the State Government to acquire the same under the Land Acquisition Act, 1894 (Act no. 1 of 1894) ; or
    (iii) If the land for construction of water-courses is likely to be required for a limited period only, apply to the Requisitioning Authority under section 6 of U. P. Rural Development (Requisitioning of Land) Act, 1948 (U.P. Act no XXVII of 1948) to requisition the land ;
    Provided that if it appears after the construction of water-courses on the land so requisitioned that the alignment of the water-courses as constructed will be retained unchanged for long the Gaon Sabha shall, as early as possible, move the State Government to acquire the land on a permanent basis.
    (3) Where, on the application of the Gaon Sabha under sub-section (2), any land has been acquired in accordance with the provisions of the Land Acquisition Act, 1894 (Act no. 1 of 1894), the State Government shall, subject to such terms and conditions as may be imposed by it in this behalf, transfer to, or vest in, the Gaon Sabha, the land so acquired for the implementation of the scheme.
    (4) The land transferred to, or vested in, the Gaon Sabha under subsection (3), or of which the management has been vested in the Gaon Sabha under section 11 of the U. P. Rural Development (Requisitioning of Land) Act, 1948 (U.P. Act no. XXVII of 1948), shall be utilized by the Gaon Sabha for the implementation of the scheme, and it shall construct or cause to be constructed, in the manner hereinafter provided, the water-courses, and carry out or cause to be carried out, all works connected therewith as may be necessary for the implementation of the scheme.
    (5) In implementing the scheme the Gaon Sabha shall, in the first instance, give option, by notice in writing, published the manner prescribed, to all persons having a holding in the irrigable command area, to construct, within such time as may be fixed therefor in the notice, the water courses, and carry out all such work connected therewith, as may be necessary for the implementation of the scheme.
    (6) Where the persons concerned fail to construct the whole or any part of any water-course, or to carry out any work connected therewith, in accordance with the scheme, the Gaon Sabha shall construct, or carry out, or cause to be constructed, or carried out, the same in the manner provided under section 17 of the Uttar Pradesh Panchayat Raj Act, 1947, for the execution of small Irrigation projects.
    30-D. Inspection of work by the Divisional Canal Officer.—(1) On the expiry of the period or extended period, as the case may be, specified in the notice under sub-section (5) of section 30-B, the Divisional Canal Officer shall inspect, or cause to be inspected, the water courses and all works connected therewith, constructed or carried out, by the Gaon Sabha, either directly or through the tenure-holders of the irrigable command area, and if the same are in accordance with scheme and otherwise properly constructed, or carried out, approve the same.
    (2) Where the water-courses or all works connected therewith, have not been properly constructed or carried out in accordance with the scheme, the Divisional Canal Officer, shall, by order in writing, require the Gaon Sabha concerned to remove and remedy, or cause to be removed and remedied, all the defects within the period specified in the order.
    (3) On the expiry of the period allowed in the order under sub-section (2), the Divisional Canal Officer shall again inspect, or cause to be inspected, the water-courses, and all works connected therewith, and shall either approve or dis-approve the same.
    30-E.Implementation of the scheme by the State Government.--Where the Gaon Sabha fails —
    (i) to take all or any of the steps required to be taken by it in accordance with the provisions of section 30-C ; or
    (ii) to construct, or cause to be constructed, the whole of the watercourses, or to carry out all works connected therewith, in accordance with the scheme, within the period or the extended period provided therefor in the notice under sub-section (5) of section 30-B ; or
    (iii) to remove the defects in the water-courses or in any work connected therewith as required to be done under sub-section (2) of section 30-D, or to obtain final approval of the Divisional Canal Officer in respect of them under sub-section (3) of the said section ;
the State Government shall take all such steps, including acquisition of the land, as may be necessary for the implementation of the scheme, and cause to be constructed and carried out the water-courses and all works connected therewith in accordance with the scheme.
    30-F.Vesting of water-courses etc. in the Gaon Sabha.—With effect from the date a notification in this behalf is published in the Gazette by the State Government, and subject to such terms and conditions as may be prescribed, all the water-courses and all works carried out by the State Government in connection with the implementation of the scheme, shall vest in the Gaon Sabha within whose jurisdiction the same lie.
    30-G. Maintenance of the watercourses, etc.—The Gaon Sabha shall at all times maintain and keep in good repairs all the water-courses, and all the works connected therewith, constructed or carried out by it, or vested in it under section 30-F.
[Vide Uttar Pradesh Act V of 1963, s. 3]
Uttar Pradesh
    Insertion of new section 30-EE is Act no. 8 of 1873./— After section 30-E of the Northern India Canal and rainage Act, 1873, amended in its application to Uttar Pradesh, the following section shall be inserted, namely :—
    “30-EE. Special provisions in respect of major irrigation projects.—(1) In any area covered by the Command of the Gandak, the Sharda Sahayak or the Ram Ganga Irrigation Project or any other major project specified in this behalf by the State Government by notification in the Gazette, the Divisional Canal Officer of the Irrigation Division may prepare a scheme containing the particulars referred to in section 30-A, and hereupon he may take all such steps as may be necessary for the implementation of the scheme, and cause to be constructed and carried out water-courses and all works connected therewith in accordance with the scheme, and nothing in sections 30-B, 30-C, 30-D and 30-E, shall apply in relation to such scheme.
    (2) Without prejudice to the generality of the provisions of sub-section (1), the Divisional Canal Officer may —
    (a) apply to the requisitioning authority under the U. P. Rural Development (Requisitioning of Land) Act, 1948, to requisition any land required for implementation of the scheme ; or     (b) move the State Government to acquire under the Land Acquisition Act, 1894, any land required for implementation of the scheme ; or
    (c) take action both under clauses (a) and (b), namely, to have land requisitioned in the first instance, and thereafter acquired.
    (3) The Divisional Canal Officer may delegate his functions under sub-section (2) to a Sub-divisional Canal Officer.
    (4) The provisions of sections 30-F, 30-G and 36-A, shall apply in relation to a scheme prepared under this section and to water-courses and other works constructed under such scheme as they apply to any scheme referred to in sections 30-A, 30-B, 30-C, 30-D and 30-E and to water-courses and other works constructed in accordance therewith.”
[Vide Uttar Pradesh Act 16 of 1974, s. 2]