Section 42 of The Jammu and Kashmir Irrigation Act, 1978 — Power to prescribe the kind of crop to be grown under the irrigation area

(1) Where the Government is satisfied that, for the better cultivation of lands, and production of crops and due preservation and for proper utilisation of water resources of any irrigation work, or in the public interest it is expendient to regulate the kind of crops that should be sown, planted or grown on lands under the irrigable command of an irrigation work or any part thereof, and the period during which such crops should be sown, planted or grown on such lands, the Government may having regard to the soil characteristics climate, rainfall and water available, by order in writing, make a declaration to that effect. Such a declaration shall be given vide publicity in such manner by the Zilladar authorized by the Government as he may think fit. (2) On such a declaration, the Zilladar, with the approval of the superior officer authorized by the Government, may specify by notice published in such manner as may be determined by him the kind of crops that shall be sown planted or grown on the lands under the irrigable command of the irrigation work or any part thereof, the area of crops, and the period during which such crops shall be sown, planted or grown. The Zilladar shall subject to the provisions of sections 39 (1) and 40 (2) thereupon by order regulate the supply of water from the irrigation work for sowing, in planting and growing such crops during the periods specified in the order. (3) The Government may, by notification, determine the crops, and the periods during which such crops may be sown, planted or grown and regulate supply of water for the purpose and lay down the extent of irrigation for sowing, planting or growing different crops on the lands under the irrigable command of an irrigation work. (4) On the publication of the notice under sub-section (2), no person shall sow, plant or grow or allow any crop other than the crop or crops specified in such notice, to be sown, planted or grown on any land under the irrigable command of the irrigation work or any part thereof, specified in such notices and during the periods specified therein. (5) Any person aggrieved by any notice given under sub-section (2) may, within thirty days from the date of publication of such notice, file an appeal before such officer not below the rank of Divisional Canal Officer as the Government may appoint. The Appellate Officer may on hearing the parties pass such order as he thinks fit; and thereupon, the notice shall stand modified to such extent as may be specified in the order. (6) The person, who has sown, planted or grown any unauthorised crop, or allowed any land to be sown, planted or grown with such unauthorised crop shall— and (a) be liable for contravening the provisions of this section (b) also be liable to pay such water rate as may be prescribed by the Government, not being less than five times and not exceeding ten times the water rates which he would otherwise have been required to pay in addition to any penalty he may incur under the Act for such unauthorised crops: Provided that if no water is utilized either directly or indirectly from the irrigation work for growing any crop the provisions of subsections (4) and (5) shall not be applicable: Provided further that it shall be incumbent upon the Zilladar to report the contraventions made by the owners or occupiers or beneficiaries in this behalf to the superior authority.