The Maharashtra Irrigation Act, 1976

Keywords : Alienated, Canal, Canal Officer, Canal Revenue, Company, Company Officer, Drainage Work, Field Channel, Flood Embankment, Holder, Irrigation Agreement, Occupant, Occupier, Outlet, Owner, Parishad Officer, Second Class Irrigation Works, Superior, Water Rate, Wet Land, Zilla Parishad

The-Maharashtra-Irrigation-Act-1976-Download

GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT No. XXXVIII OF
1976.
THE MAHARASHTRA IRRIGATION ACT, 1976.
(As modified up to the 24th September 2012)
PRINTED IN INDIA BY MANAGER, GOVERNMENT PRESS AND BOOK DEPOT, NAGPUR
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.
[Price : Rs. ]
*
THE MAHARASHTRA IRRIGATION ACT, 1976
—————
CONTENTS
PREAMBLE.
SECTIONS.
PART I
PRELIMINARY

Short title, extent and commencement.
Definitions.
Lands under irrigable command of canal.
Wet land.
Irrigation areas
Division of State into irrigation areas.
PART II
CANAL OFFICERS, THEIR CHARGES AND POWERS
Canal Officers.
Chief controlling authority in irrigation matters.
Appointment of Canal Officers.
Subordination of Canal Officers.
Power to allot duties among Canal Officers.
PART III
CONSTRUCTION AND MAINTENANCE OF CANALS
Application of water for purposes of canal
Notification when water-supply to be applied for purposes of
canal or for regulation, supply or storage of water.
Powers of entry on land, etc.
Powers of Canal Officers for purpose of so applying water.
Entry for enquiry.
Power to inspect and regulate water-supply.
Power to enter for repairs and to prevent accidents.
Power to Canal Officer to operate gates in order to regulate floods.
Notice to occupier of building, etc.
Canal crossings
Means of crossing canals to be provided and obstruction to
drainage to be avoided.
Removal of obstructions to drainage
Appropriate Auhtority may prohibit formation of obstructions of
rivers, etc. within certain limits.
Canal Officer may issue order to any person causing obstruction.
Canal Officer may cause obstruction to be removed.
Construction of drainage works
When drainage works are necessary Appropriate Authority may
order scheme to be carried out.
1976 : Mah. XXXVIII] (i)
SECTIONS
PART IV
FIELD-CHANNELS
Construction of field-channels
Construction of field-channels
Application to Canal Officer for construction of new field-channels.
Procedure for constructing field-channels.
Procedure after construction of field-channels.
Rights and obligations of owners of field-channels
Obligation of owner of field-channel.
Arrangement with owner by other person.
Canal Officer after enquiry may authorise supply or declare
applicant to be joint owner.
Prohibition of land acquired for field-channel for other purpose ;
and prohibition against alteration of field-channel.
If owner fails to execute work or to repair field-channel, Canal
Officer may execute the same.
Cancellation of sanction to supply of water for failure to maintain field channels.
Person using field-channel to pay share of expenses or repair.
Schemes for compulsory construction of field-channels.
Schemes for compulsory construction of field-channels.
Obligation on holders to construct field-channels under final scheme.
Provisions of section 13 to apply.
Notice to holders and occupiers of land to construct field-channels.
Power to authorise Canal Officer to construct field-channels.
Consequences of completion of construction of field-channels.
Mode of payment of cost of construction of field channels, etc.
Power of Appropriate Authority to direct preparation of scheme
in public interest.
Settlement of disputes concerning field-channels
Settlement of disputes as to mutual rights and liabilities of
persons interested in field-channels.
Provisions of this Part not to apply to field-channels constructed
under Bom. XXVIII of 1942.
PART V
ACQUISITION OF LAND
Acquisition of land for canals and field-channels.
PART VI
SUPPLY OF WATER
CHAPTER I
GENERAL PROVISIONS FOR SUPPLY OF WATER
Application of this Chapter for supply of water under Chapters II to V.
Modes of supply of canal water, power to charge minimum rate.
Power of Appropriate Authority to regulate sowing, planting or
growing of crops during specified period on lands under irrigable
command of canal.
Power to fix celling on area of crops.
(ii) Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 (iii)
SECTIONS
Provisions as to supply
Power to stop water.
Duration of supply.
Agreement for supply of water transferable with property in
respect of which supply is given, etc.
Occasional rates
Liability when person using water unathorisedly cannot be
identified.
Liability when water runs to waste.
Charges recoverable in addition to penalties.
Percolation and leakage rates
Land deriving benefit from percolation liable to water rate.
Levy of water rate for use of percolation water for non-irrigation
purposes.
CHAPTER II
Supply of Water on an Application
Regulation of supply of water.
Application for supply of water.
Supply rates
Determination of rates for supply of canal water.
CHAPTER III
SUPPLY OF WATER ON VOLUMETRIC BASIS
Supply of water on volumetric basis and formation of Water
Committee.
CHAPTER IV
SUPPLY OF WATER UNDER IRRIGATION AGREEMENTS
Power to make irrigation agreements.
Scope of irrigation agreement.
When agreement can be made.
Consent to agreement necessary where land is in possession of
occupier other than holder.
Publication of notice before agreement is made.
Inclusion of land irrigated by lift.
Charges for supply of water.
Liability due to irrigation agreement.
Cancellation of agreement by mutual consent.
Cancellation of agreement for failure to maintain field-channels.
General power to cancel agreement.
CHAPTER V
SUPPLY OF WATER UNDER SCHEME
Supply of water under scheme.
Effect of scheme; power to vary scheme.
Appointment of Water Committee to execute scheme and its powers.
SECTIONS
PART VII
AWARD OF COMPENSATION
Compensation when claimable
Compensation in cases of ascertainable substantial damage.
Limitation of claims.
Summary decisions
Compensation for damage caused by entry on land, etc.
Compensation on account of interruption of water supply.
Decision as to amount of compensation under either of last two
sections to be conclusive.
Formal adjudications
Notice as to claims for compensation in certain cases.
Claims to be prepared to Collector.
Collector to be guided by provisions of Land Acquisition Act, 1894.
Diminution in market value to be considered in fixing compensation.
Compensation when due.
Abatement of land revenue and rent
Abatement of revenue demand on interruption of water supply.
Abatement of inferior holder’s rent on interruption of water supply ;
and enhancement of such rent on restoration of supply.
Provisions of this Part not to apply to acquisition under section 44.
PART VIII
RECOVERY OF WATER RATE
Payment and recovery of water rate.
Recovery of water rate etc., payable to Company, Zilla Parishad, etc.
PART IX
OBTAINING LABOUR FOR CANALS ON EMERGENCIES
Procedure for obtaining labour for works or repairs urgently required.
List of Labourers.
Reports to be made by Canal Officer.
PART X
PENALTIES
Penalty for damaging canal, etc.
Penalty for endangering stability of canal, etc.
Obstruction to be removed and damage repaired.
Persons employed on canal may take offenders into custody.
Procedure in respect of machine, apparatus with which canal
water is used unauthorisedly.
Cognizance of certain offences.
Abatment.
Reward to informants.
Compensation to private persons injured.
Compounding of offences.
(iv) Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
SECTIONS
PART XI
APPEAL AND REVISION
Appeal and revision.
PART XII
MISCELLANEOUS
Suits barred in certain cases.
Excavation of wells in lands under irrigable command of canal to
be intimated.
Right in tank bed lands, fishing and plying of vessals in tanks,
etc., controlled or maintained by Appropriate Authority to vest in
Appropriate Authority.
Prohibition of mining or quarrying operations.
Recovery of cost repairing damage when offender is unascertainable.
Power to summon and examine witnesses.
Delegation of powers and duties.
Service of notices.
Power of State Government to give directions to Company and
Zilla Parishads regarding maintenance of their canals.
Public servants and some other persons protected from legal
proceedings.
Rules.
Saving of certain water works.
Application of certain provisions of Act to Lift Irrigation Works of
Co-operative Societies.
PART XIII
SECOND CLASS IRRIGATION WORKS
Application of this Part to Second Class Irrigation Works.
Application of certain sections and Parts of this Act to Second
Class Irrigation Works.
Revision of Irrigation Record-of-Rights.
Commutation of rights.
Power of State Government where works are undertaken increasing supply.
Publication of Irrigation Record-of-Rights.
Entries in Irrigation Record-of-Rights to be relevant as evidence.
Notice of suit to be given to Collector.
Obligation to carry out petty repairs.
Incidence of obligations to carry out petty repairs.
Power to enforce rights and obligations.
Duty to Talathi to report failure to effect repairs.
Constitution of Water committee for each village and its power.
Power of State Government to denotify any existing Second Class
Irrigation work.
PART XIV
REPEAL AND SAVING
Repeal and saving.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 (v)
MAHARASHTRA ACT No. XXXVIII OF 19761
[THE MAHARASHTRA IRRIGATION ACT, 1976.]
[This Act received assent of the President on the 26th July 1976 ;
assent was first published in the Maharashtra Government Gazette, PartIV, Extraordinary, on the 5th August 1976.]
Amended by Mah. 52 of 1981 *(19-9-1981)
Amended by Mah. 3 of 1984 *(11-1-1984)
Amended by Mah. 24 of 1989 *(13-7-1989)
Amended by Mah. 46 of 1997 *(29-12-1997)
Amended by Mah. 19 of 2005 *(4-5-2005)
An Act to unify and amend the Law relating to irrigation in the
State of Maharashtra.
WHEREAS it is expedient to unify and amend the law relating to irrigation in the State of Maharashtra, to provide for charging water rates on
lands under the irrigable command of canals and to provide for matters
connected therewith ; It is hereby enacted in the Twenty-seventh Year
of the Republic of India as follows :—
PART I
PRELIMINARY
(1) This Act may be called the Maharashtra Irrigation Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date2
as the State Government
may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,—
(1) “alienated” means transferred in so far as the rights of the State
Government to payment of rent of land revenue are concerned, wholly
or partially to the ownership of any person and the expressions “alienated
land” and “unalienated land’ shall be construed accordingly ;
(2) “Appropriate Authority”, in relation to a canal constructed, maintained, controlled or managed by the State Government or the
Company or a Zilla Parishad, means the State Government, the
Company or the Zilla Parishad respectively ;
(3) “canal” includes—
(a) all canals, channels, pipes, tube-wells, domestic water-supply
works and reservoirs constructed, maintained or controlled by the
Appropriate Authority for the supply or storage of water ;
(b) all works, embankments, structures and supply and escape
channels connected with such canals, channels, pipes, tube-wells,
domestic water-supply works and reservoirs, and all roads
constructed for the purpose of facilitating the construction or
maintenance of such canals, channels, pipes, tube-wells domestic
water-supply works and reservoirs ;
(c) all fields-channels, water courses, drainage-works and flood embankments as hereinafter respectively defined or explained in this Act;
(d) any part of a river (including its tributaries), stream, lake,
natural collection of water or natural drainage-channel, to which
the State Government may apply the provisions of section 11, or of
which the water has been applied or used before the commencement of this Act for the purpose of any existing canal ;
1
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976.
Part V., Pages 115-123.
2 1st January 1977, vide G.N.,I.D., No. MIA. 1076-MIG-1, dated 1st January 1977.

This indicates the date of commencement of the Act.
Short title,
extent and
commancement.
Definitions.
(e) all land belonging to, or held by, or entrusted to, the Appropriate Authority which is situate on a bank of any canal as hereinbefore defined, and which has been appropriated under the orders of
such Aprropriate Authority for the purposes of such canal ;
(f) all lift irrigation works constructed, maintained or controlled
by the Appropriate Authority ;
(4) “Canal Officer” means any officer duly appointed by the State
Government by an order in writing for all or any of the purposes of this
Act specified in the order, and includes in relation to a canal constructed,
maintained, controlled or managed by the Company, a Company Officer,
and by a Zilla Parishad, a Parishad Officer ; and the expression “Canal
Officer duly empowered in this behalf” or any like expression means a
Canal Officer empowered by the Appropriate Authority by an order in
writing for all or any of the purposes of this Act specified in the order and
also includes a person acting under the general or special order of such
Canal Officer ;
(5) “canal revenue” includes all sums payable to the Appropriate
Authority for the use, right to use, or waste, of water from a canal ;
(6) “Collector” includes any officer appointed by the State Government
to exercise all or any of the powers of a Collector under this Act ;
(7) “Company” means a company owned or controlled by the State
which is set up for the purpose among other things of promoting, investigating, establishing, executing, installing, maintaining, managing or
administering schemes for the purpose of irrigation or in relation to
any irrigation project, in order to effect increase in irrigation potential
and agricultural production in the State 1
[and shall also include a private
developer or a co-operative society registered under the Maharashtra
Co-operative Societies Act 1960, who has entered into an agreement
with the State Government, for any of the said purposes] ; and the
Company shall, for the purposes of this Act, function as the agent of the
State Government ;
(8) “Company Officer” means any Officer of the Company duly appointed
by the Company by an order in writing for all or any of the purposes of
this Act specified in the order ;
(9) “drainage work” includes—
(a) channels, either natural or artificial, for all the discharge of
waste or surplus water and all works connected with or auxiliary to
such channels ;
(b) escape channels from a canal dams, weirs, embankments,
sluices, groins and other works connected therewith ; and
(c) any work in connection with a system of irrigation or reclamation made or improved by the Appropriate Authority for the purpose of
drainage of any area including works for the disposal of effluent from
the sewage disposal schemes within the command of a canal undertaken by any person duly authorised in this behalf, but does not
include works for the removal of sewage from any area within the
limits of any local authority ;
(10) “field-channel” means a channel beyond an outlet from a point
from where it runs in its own command, either constructed by the holders or occupiers or constructed by the Appropriate Authority on their
behalf and maintained by such holders or occupires beyond the outlet ;
1 These words, figure and letters were inserted by Mah. 19 of 2005, s. 2.
2 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Mah.
XXIV
of
1961.
(11) “flood embankment” means any embankment constructed or
maintained by an Appropriate Auhtority in connection with any system of
irrigation or reclamation works for the protection of lands from inundation
or which may be declared by the Appropriate Auhtority to be maintained
in connection with any such system, and includes all groins, spurs,
dams and other protective works connected with such embankments ;
(12) “holder”, in relation to land, means the person who is lawfully in
actual possession of land as owner or tenant and includes a Government lessee ;
(13) “irrigation agreement” has the meaning assigned to it by
section 61 ;
(14) “land under the irrigable command of a canal” has the meaning
assigned to it by section 3 ;
(15) “occupant” means a holder in actual possession of unalienated
land, other than a tenant or Government lessee; provided that, where a
holder in actual possession is a tenant, the land holder or the superior
landlord, as the case may be, shall be deemed to be occupant ;
(16) “occupier” in relation to land, means any person holding or
professing to hold the right to cultivate such land for the time being ;
(17) “outlet” means an opening of a capacity not exceeding 30 litres per
second to serve a block of land of approximately 40 hectares and which
is constructed by the Appropriate Auhtority in a canal through which
water is delivered into a field-channel or directly on to any land ;
(18) “owner” includes every person having a joint interest in the
ownership of the thing specified, and all rights and obligations which
attach to an owner under the provisions of this Act shall attach jointly
and severally to every person having such joint interest in the ownership ;
(19) “Parishad Officer” means any officer of Zilla Parishad duly
appointed with the previous approval of State Government by the Zilla
Parishad by an order in writing for all or any of the purposes of this Act
specified in the order ;
(20) “prescribed” means prescribed by rules made by the State
Government under this Act ;
(21) “Second Class Irrigation Works” means the canals, channels,
streams, rivers, wells, tube-wells, artesian wells, pipes, reservoirs,
artificial or natural, or bandharas or any part thereof which have been
declared under the Bombay Irrigation Act, 1879, to be Second Class
Irrigation Works before the commencement of this Act ;
(22) “Superior holder” means a land-holder entitled to receive rent or
land revenue from other land-holders (called “Inferior holders”) whether
he is accountable or not for such rent or land revenue, or any part thereof,
to the State Government :
Provided that, where land has been granted free of rent or revenue,
subject to the right of resumption in certain specified contingencies by
a holder of alienated land whose name is authorisedly entered as such
in the land records, such holder shall, with reference to the grantee, be
deemed to the superior holder of land so granted by him, and the grantee
shall, with reference to the grantor be deemed to be the inferior holder
of such land ;
(23) the expression “supply of water” with its grammetical variations
includes the expression “water made available from any canal” with its
grammatical variations ;
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 3
Bom.
VII of
1879.
(24) “water rate” means payment to be made in the prescribed
manner for a supply of facility of water from a canal for irrigation or any
purpose provided by or under this Act at the rate determined under this Act ;
(25) “wet land” has the meaning assigned to it by section 4 ;
(26) “Zilla Parishad” means a Zilla Parishad constituted under the
Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 ;
(27) words and expressions used in this Act but not defined shall have
the meanings respectively assigned to them in the Maharashtra Land
Revenue Code, 1966.

(1) Lands under the irrigable command of canal means all those
cultivable lands which are or can be irrigated from a canal by the flow of
water under gravity without the need of lifting or pumping water (or in
case of lift irrigation work, which after water is lifted, are or can be
irrigated by the flow of water under gravity), and which a Canal Officer
not below the rank of an Executive Engineer may, by notification in the
Official Gazette, declare to be so in relation to such canal. Such lands may
include lands as are or may be deemed to be irrigated from a canal
within the meaning of section 55. The lands may be specified or described
in the notification in such manner as the Canal Officer may think fit.
(2) The notification may also be published in such other manner in
or in the vicinity of such lands as the Canal Officer may think fit. The
Canal Officer shall also serve individual notices on all the holders and
occupires of lands situated within the irrigable command of the canal
declared under sub-section (1).
(3) A Canal Officer not below the rank of an Executive Engineer may,
with the previous sanction of a Canal Officer not below the rank of a
Superintending Engineer, declare any land to be “not commanded” if it
can be irrigated only by such use of water which in the opinion of the
Canal Officer is excessive or by means of a field channel which passes
through an area which the Canal Officer considers it desirable to avoid.
(4) Land which would otherwise be not under the irrigable command
of a canal may come under the irrigable command of such canal by
construction of a crossing for the passage of water across a natural drainage channel or ridge.
(5) Any person aggrived by any notification or part thereof under subsection (1), may, within thirty days from the date of publication of such
notification in the Official Gazette, file an appeal before such Officer not
below the rank of a Chief Engineer as the Appropriate Authority may
appoint. The Appellate Officer may pass such order in the appeal as he
thinks fit, and thereupon, the notification shall stand unmodified or
modified to the extent and from the date specified in the order :
Provided that, no order varying or revising any such notification or
part thereof, affecting the lands of any person shall be made without
giving that person a reasonable opportunity of being heard.
Land is said to be wet,—
(a) when it is classed in the village record under any description
which the State Government may, by rules made under this Act,
declare to have the meaning of ‘wet’ for the purposes of this section ; or
(b) when it has been declared by a Canal Officer, duly empowered
by the Appropriate Auhtority, to be wet.
Lands
under
irrigable
command
of canal.
Mah.
V of
1962.
Mah.
XLI
of
1966.
Wet land.
4 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Irrigation areas
For the purposes of this Act, the Appropriate Authority may divide
the area within its jurisdiction into regions, circles, division, sub-divisions and sections in such manner as it deems fit and may, from time
to time, alter their limits.
PART II
CANAL OFFICERS, THEIR CHARGES AND POWERS
(1) There may be the following classes of Canal Officers appointed
by the State Government, with the following designations, or such other
designations as the State Government may, by an order in writing from
time to time, determine, namely :—
(1) The Chief Engineers,
(2) Additional Chief Engineers,
(3) Superintending Engineers,
(4) Executive Engineers,
(5) Sub-divisional Officers, that is to say, the following officers holding charge of a sub-division :—
(a) Assistant Engineer, Class I ;
(b) Assistant Engineer, Class II ;
(c) Deputy Engineer ;
(d) Sub-Divisional Engineer ;
(e) Sub-divisional Officer ;
(6) Sectional Officers.
(2) For the purposes of Part XIII of this Act, the Canal Officer shall be
a Revenue Officer not below the rank of a Tahsildar.
(3) The Canal Officers appointed by the Company or a Zilla Parishad
may bear such designations refeered to in sub-section (1) as it thinks fit,
and in doing so, their rank corresponding to the rank of Canal Officers
appointed by the State Government shall be indicated in their order of
appointment, and the provisions of this Part shall be construed accordingly.
The chief controlling authority in all matters connected with the
construction, maintenance and managements of canal and matters
incidental or supplemental thereto, in his region or regions, shall, in
relation to canals of the State Government vest in the Additional Chief
Engineer or an officer bearing any other designation, if any, specified in
this behalf, and in relation to canals of the Company or a Zilla Parishad
vest in such Canal Officer appointed by it as may be specified by it ;
subject to the superintendance, direction and control of the Chief
Engineer and the State Government.
(1) The Appropriate Authority may, by notification in the Official
Gazette, either prospectively or retrospectively, appoint the Chief Engineer to be in-charge of the irrigation generally, an Additional Chief
Engineer to be in-charge of a region or regions, a Superintending Engineer
to be in-charge of a circle, an Executive Engineer to be in-charge of a division,
a Sub-Divisional Officer to be in-charge of a sub-division, and a Sectional
Officer to be in-charge of a section, specified in the notification.
(2) The Appropriate Auhtority may, by notification in the Official
Gazette, either prospectively or retrospectively, appoint persons to be
additional Canal Officers in any section, sub-division, circle or region
and may invest them with all any of the powers of a Sectional Officer,
Sub-Divisional Officer, Executive Engineer or Superintending Engineer,
respectively, specified in the notification.
Divisions
of State
into
irrigation
areas.
Canal
Officers.
Chief
controlling
authority
in irrigation
matters.
Appointment of
Canal
Officers.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 5
6 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
(1) All Canal Officers shall be subordinate to the Appropriate
Authority and all Canal Officers (other than the Chief Engineer) shall be
subordinate to the Chief Engineer.
(2) All Canal Officers in a region shall be subordinate to the
Additional Chief Engineer.
(3) All Canal Officers in a circle shall be subordinate to the Superintending Engineer.
(4) All Canal Officers in a division shall be subordinate to the Executive Engineer.
(5) All Canal Officers in a sub-division shall be subordinate to the
Sub-divisional Officer.
(6) All employees below the rank of Sectional Officer shall be subordinate to the Sectional Officer.
(1) When under this Act, any duty is to be performed or power is
to be exercised by a Canal Officer, and the class of Canal Officer is not
specified, rules made under this Act regulating the performance of such
duty or exercise of such power may specify the class of Canal Officers by
which it is to be performed or exercised.
(2) Rules may also be made under this Act prescribing generally the
class of Canal Officers which is to perform any duty or exercise any
power which, under this Act, is to be performed or exercised by a Canal
Officer.
(3) When the class of Canal Officers which is to perform any duty or
exercise any power under this Act is not prescribed under sub-section (1)
or sub-section (2), such duty shall be performed or such power shall be
exercised by the Sub-divisional Officer.
PART III
CONSTRUCTION AND MAINTENANCE OF CANALS
Application of water for purposes of canal.
(1) Whenever it appears expedient to the Appropriate Authority
that the water of any river (including its tributaries) or stream flowing
in a natural channel or of any lake or any other natural collection of still
water or water flowing in a channel where such water or part thereof, is
received from any canal constructed by the Appropriate Authority or by
any person who has been duly authorised by the State Government,
whether by percolation, regeneration, release or otherwise should be
applied or used by the Appropriate Authority for the purpose of any
existing or projected canal, or for the regulation, supply or storage of
water, the State Government may, by notification in the Official
Gazette, declare that the said water will be so applied or used after a day
to be named in the said notification, not being earlier than three months
from the date thereof ; and thereupon the Collector shall cause notice to
be given as provided in section 80.
Subordination of
Canal
Officers.
Power to
allot duties
among
Canal
Officers.
Notification when
watersupply to
be applied
for
purposes
of canal or
for
regulation,
supply or
storage of
water.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 7
(2) The application or use of the said water or the application or use
of water of any canal under the management or control of any
Appropriate Authority shall be regulated according to the provisions of
this Act.
(3) Save as provided by sub-sections (1) and (2), no person (other than
the State Government) shall apply or use the water of any river (including its tributaries) or stream flowing in a natural channel or of any lake
or any other natural collection of still water or water flowing in a channel for any projected canal to be constructed by him, except with the
previous permission in writing of the State Government and it shall be
lawful for the State Government to grant such permission subject to such
terms and conditions as it may deem fit in the circumstances of each case.
Powers of entry on land, etc.
At any time after the day named in the notification under
section 11, any Canal Officer duly empowered in this behalf, may enter
on any land, remove any obstruction, close any channel and do any other
thing necessary for such application or use of the said water and for
such purpose may take with him, or depute or employ, such subordinates and other persons including Police Officers as he thinks fit.
Whenever it shall be necessary to make an enquiry or examination in connection with a projected canal, or with the maintenance of
an existing canal or with the application or use of the water of any canal
for the purpose of regulation, supply or storage of water, any Canal
Officer duly empowered in this behalf may—
(a) enter upon such land as he may think necessary for the purpose,
(b) undertake surveys or take levels thereon,
(c) dig and bore into the sub-soil,
(d) where otherwise such inquiry cannot be completed, cut down
and clear away any part of any standing crop, fence or jungle,
(e) exercise all powers and do all things in respect of such land as
he might exercise and do if the State Government had issued a notification under the provisions of section 4 of the Land Acquisition Act,
1894, to the effect that land in that locality is likely to be needed for a
public purpose, and
(f) set up and maintain water-gauges and do all other things
necessary for the prosecution of such inquiry and examination.
(1) Any Canal Officer duly empowered in this behalf may enter
upon any land, building or field-channel on account of which any water
rate is chargeable, for the purpose of inspecting or regulating the use
of the water supplied, or of measuring the land irrigated thereby or
chargeable with a water rate, and of doing all things necessary for the
proper regulation and management of the canal from which such water
is supplied.
1 of
1894.
Power to
inspect
and
regulate
water
supply.
Entry for
enquiry.
Powers of
Canal
Officers
for
purpose of
so applying water.
(2) Where the flow of water supplied to any land from a canal from
field to field is obstructed, then with a view to regulating supply of water,
the Canal Officer may require such obstruction to be removed and for
that purpose he shall, if necessary, take or cause to be taken such steps
or use or cause to be used such force as may be reasonably necessary
for securing the removal of such obstruction from the supply of water.
In case of any accident being apprehended or happening to a
canal, any Canal Officer duly empowered in this behalf may enter upon
any land adjacent to such canal, and may take trees and other materials, and execute all works which may be necessary for the purpose of
preventing such accident or repairing any damage done.
Where any dam is being damaged or damage to any dam is
apprehended due to floods, any Canal Officer duly empowered in this
behalf may, in the interest of the safety of the dam, regulate the floods
by operating gates or gated waste weir on the dam.
Where a Canal Officer proposes under the provisions of section
13, 14 or 15 to enter into any building or enclosed court or garden
attached to a dwelling house, not supplied with water from a canal, and
not adjacent to a flood embankment, he shall give to the occupier of
such building, court or garden such reasonable prior notice as the
urgency of the case will allow.
Canal crossings
Suitable means of crossing canal shall be provided at such places
as the Appropriate Authority thinks necessary for the reasonable
convenience of the inhabitants of the adjacent land ; and suitable bridges,
culverts or other works shall be constructed to prevent the drainage of
the adjacent land being obstructed by any canal. Road bridges shall, as
far as possible, be provided on all roads crossing a canal, including
certified village roads shown by two dotted lines on a village plan. In
case of dispute on the question of providing such crossing and of
constructing bridges, culverts and other works the matter shall be
referred to the State Government and the decision of the State
Government on the question shall be final and conclusive, and shall not
be called in question in any civil court.
Removal of obstructions to drainage
Whenever it appears to the Appropriate Authority that injury to
the public health or public convenience or to any canal or to any land for
which irrigation from a canal is available, has arisen or may arise from
the obstruction of any river, stream or natural drainage-course, the
Appropriate Authority may, by notification in the Official Gazette,
prohibit within limits to be defined in such notification, the formation of
any such obstruction, or may, within such limits, order the removal or
other modification of such obstruction. The contents of the notification shall also be published in a newspaper having wide circulation within
such limits.
Power to
enter for
repairs
and to
prevent
accidents.
8 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Power to
Canal
Officer to
operate
gates in
order to
regulate
floods.
Notice to
occupier of
building,
etc.
Means of
crossing
canals to
be provided
and
obstruction
to drainage
to be
avoided.
Appropriate
Authority
may
prohibit
formation of
obstructions
of rivers,
etc. within
certain
limits.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 9
Thereupon, so much of the said river, stream or natural drainagechannel, as is comprised within such limits, shall be held to be a
drainage work as defined in section 2.
Any Canal Officer duly empowered in this behalf may, after such
publication of the notification under section 19, issue an order to any
person causing or having control over any such obstruction to remove or
modify the same within a time to be fixed in such order.
(1) If, within the time so fixed, such person does not comply with
the order, the Canal Officer may cause the obstruction to be removed or
modified, and if the person to whom the order is issued does not, when
called upon, pay the expenses of such removal or modification, such
expenses shall be recoverable as an arrear of land revenue.
(2) The Canal Officer may, in cases of emergency, after recording his
reasons in writing, remove the obstruction before the publication of the
notification under section 19, and the expenses incurred for such
removal shall be recoverable in the same manner. The judgement of
the Canal Officer whether or not there is an emergency shall be final,
and shall not be called in question in any civil court.
Construction of drainage works
Wherever it appears to the Appropriate Authority that any drainage work is necessary for the public health or for reclamation of land, or
for the improvement of the proper cultivation or irrigation of any land, or
that protection from floods or other accumulations of water, or from
erosion by any river, is required for any land (or that a sewage disposal
scheme is required for disposal of effluent from any sewage scheme),
the Appropriate Authority may cause a scheme for such work to be drawn
up and carried into execution ; and the person authorised by the Appropriate Authority may exercise in connection therewith the powers
conferred on Canal Officers by sections 13, 14 and 15 and shall be liable
to the obligations imposed upon Canal Officers by section 17 and section 77.
PART IV
FIELD- CHANNELS
Construction of field- channels
Field-channels (except the water-course) shall be constructed
by the holders or occupiers of land at their cost but subject to the direction of a Canal Officer. The water-course shall be constructed by the
Appropriate Authority, but maintained by such holders or occupiers of
land ; and the provisions of this Act in so far as they relate to maintenance of field-channels shall mutais mutandis apply in relation to such
water-course.
Explanation.—(1) For the purposes of this Act, water-course means
the idle length of a channel between an outlet and a field-channel.
Canal Officer
may issue
order to any
person
causing
obstruction.
Canal
Officer
may cause
obstruction
to be
removed.
When
drainage
works are
necessary
Appropriate Authority may
order
scheme to
be carried
out.
Construction of
fieldchannels.
(2) If any question arises as to what is the idle length of any channel
constituting a water-course, the question shall be referred to the Canal
Officer duly empowered in this behalf, and his decision on the question
shall be final and conclusive.
Any person desiring to construct a new field-channel, but being
unable or unwilling to construct it under a private arrangement with
the holder of the land required for the same, may apply in writing to any
Canal Officer duly empowered to receive such applications, stating—
(1) that he is ready to defray all the expenses necessary for acquiring
the land and constructing such field-channel ;
(2) that he desires the said Canal Officer on his behalf and at his cost
to do all things necessary for constructing such field-channel.
(1) If the Canal Officer considers the construction of such fieldchannel expedient, he may call upon the applicant to deposit any part of
the expense, such officer may consider necessary.
(2) Upon such deposit being made, the Canal Officer shall cause
inquiry to be made into the most suitable alignment for the fieldchannel and shall mark out the land, which in his opinion, it will be
necessary to occupy for the construction thereof. Thereafter, he shall
forthwith publish a notification in every village through which the
field-channel is proposed to be taken, that so much of such land as is
situated, within such village has been so marked out. Such notification shall state that suggestions or objections received by the Canal
Officer within thirty days of the publication of such notification shall be
duly considered after hearing the parties, if necessary.
(3) The Canal Officer shall send a copy of such notification to the
Collector of every district in which such land is situated for publication
on such land.
(4) Such notification shall also call upon any person who wishes to
share in the ownership of such field-channel to make his application in
that respect to the Canal Officer within thirty days of the publication of
such notification.
(5) If any such applicant appears, and his application is admitted, he
shall be liable to pay his share in the construction of such field-channel
and his share in the cost of acquiring the land for such fieldchannel. The applicant shall be owner of such field-channel when it is
constructed.
On being put in possession of the land acquired under Part V of
this Act, the Canal Officer shall construct the required field-channel ;
and on its completion, shall give to the owner notice thereof, and of any
sum payable by him on account of the cost of acquiring the land and
constructing the field-channel. On such notice being given, such sum
shall be due from the owner to the Canal Officer. On receipt of
payment in full of expenses incurred, the Canal Officer shall make over
possession of such field-channel to such owner.
Application to
Canal
Officer for
construction of
new fieldchannels.
10 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Procedure
for constructing
fieldchannels.
Procedure
after
constructtion
of fieldchannels.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 11
Rights and obligations of owners of field-channels
(1) Every owner of a field-channel shall be bound—
(a) to maintain all works necessary of the passages across such
field-channel existing at the time of its construction, and of the drainage intercepted by it and for affording proper communications across
it for the conveinience of the occupants of neighbouring lands ;
(b) to maintain such field-channel in a fit state of repair for the
conveyance of water ;
(c) to allow the use of it to others or to admit other persons as joint
owners thereof, on such conditions, as may be provided under the
provisions of section 29.
(2) Every owner of a field-channel and every person duly authorised
under the provisions hereinafter containd to use a field-channel shall
be entitled to have a supply of water by such field-channel at such rates
and on such terms as may from time to time be provided under section
59, section 60, section 67 or section 72, as the case may be :
Provided that any owner of field-channel and, subject to the terms of
any agreement between the parties, or to any condition imposed under
section 29, any such person as aforesaid may, at any time by giving three
months’ previous notice in writing in this behalf to a Canal Officer duly
empowered to receive such notice resign his interest in such field-channel.
Any person desiring to have a supply of water through a fieldchannel of which he is not an owner may make a private arrangement
with the owner for permitting the conveyance of water thereby, or may
apply to a Canal Officer duly empowered to receive such applications for
authority to use such field-channel or to be declared a joint owner thereof.
On receipt of any such application, the Canal Officer shall serve
notice on the owner to show cause why such auhtority should not be
granted, or such declaration should not be made, and, if no objection is
raised or if any objection is raised and is found to be insufficient or
invalid shall, subject to the approval of the next superior Canal Officer,
either authorise the applicant to use the field-channel or declare him
to be a joint owner thereof on such conditions as to the payment of
compensation or rent or otherwise as may appear to him equitable.
(1) No land acquired for a field-channel shall be used for any
other purpose without the previous consent of a Canal Officer duly
empowered to grant such permission.
(2) No field-channel shall be altered except with the permission in
writing of the Canal Officer especially empowered in this behalf.
Obligation
of owner of
fieldchannel.
Arrangement with
owner by
other
person.
Canal
Officer afer
enquiry
may
authorise
supply or
declare
applicant
to be joint
owner.
Prohibition
of land
acquired
for fieldchannel
for other
purpose;
and
prohibition
against
alteration
of fieldchannel.
If any owner of a field-channel fails to fulfil any obligation imposed
upon him by clause (a) or (b) of sub-section (1) of section 27, any Canal
Officer duly empowered in this behalf may require him by notice to
execute the necessary work or repair within a period, to be specified in
such notice, of not less than fifteen days, and, in the event of failure, may
execute the same on his behalf, and, except as hereinafter provided in
section 33, all expenses incurred in the execution of such work or repair
shall be a sum due by such owner to the Appropriate Authority.
If a Canal Officer duly empowered in this behalf is satisfied that
the owner of a field-channel has persistently failed to repair the fieldchannel and the Canal Officer accordingly was required to carry out the
repairs under section 31, the Canal Officer may by an order in writing
with the previous approval of the Officer who is next higher in rank revoke
the sanction for the supply of water to the owner of that field-channel :
Provided that no such order shall be made without giving to the owner of
the field-channel a reasonable opportunity of being heard.
Every person other than an owner who uses any field-channel in
respect of which any repair has been executed by a Canal Officer under
section 31 shall, in the absence of any agreement between the parties or
of any condition imposed under section 29, at the time such person was
authorised to use such field-channel to the contrary, be liable to pay to the
Appropriate Authority such proportion of the expenses incurred in the
execution of such repairs as shall be determined by the said Canal Officer.
Schemes for compulsory construction of field-channels
(1) Where a Canal Officer especially authorised in this behalf by
the Appropriate Authority (hereinafer referred to as the authorised Canal
Officer) is of opinion that although water for irrigation is available in any
area, but nevertheless lands capable of being irrigated therefrom, are not
being irrigated, or are being prevented from being irrigated for any reason, and he is further of opinion that in the interest of the general public
it is necessary so to do, he may prepare a draft scheme providing for the
construction of field-channels for the supply of irrigation water to the best
advantage in such area :
Provided that, no scheme shall be prepared unless at least fifty-one per
cent. of the holders or occupiers of the land or holders or occupiers of at
least fifty-one per cent. of the land give a consent in writing to the preparation of such a scheme.
(2) The draft scheme shall contain the following particulars, that is to say—
(i) the area to which scheme applies ;
(ii) the proposed field-channels, and the most suitable alignment
thereof ;
(iii) the approximate area which is likely to be needed for the construction of the field-channel and appurtenant works, the land which it
is necessary to occupy for the construction of the field-channel and the
area mentioned in clause (i) ;
If owner
fails to
execute
work or to
repair
fieldchannel,
Canal
Officer may
execute the
same.
Cancellation of
sanction to
supply of
water for
failure to
maintain
fieldchannels.
Person
using fieldchannel to
pay share
of expenses of
repair.
Schemes
for compulsory
construction of
fieldchannels.
12 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
(iv) the survey numbers and the area of each of the lands to be benefited
by the field-channel ; and the names of the holders or occupiers thereof ;
(v) the canal from which water is to be carried to the field-channel ;
(vi) the period within which each holder or occupier of land in the
area mentioned in clause (iv) may construct either jointly or severally
a field-channel for carrying water from the canal to his land ;
(vii) the approximate cost of construction of the field-channel ;
(viii) the extent of the liability of each holder or occupier of land for
the construction of the field-channel ;
(ix) such other particulars as may be prescribed.
(3) The authorised Canal Officer shall publish the draft scheme in the
Official Gazette, and shall also publish it in the manner prescribed in every
village through which the field-channel is proposed to be taken together
with a notice calling upon the holders or occupiers of the lands, and all
persons affected by the scheme, to submit to him in writing their suggestions or objections within such period as may be specified in the notice.
(4) As soon as may be after the expiry of the period specified in the
notice, the authorised Canal Officer shall, after considering the suggestions and objections, if any, received under sub-section (3)—
(a) sanction the draft scheme with or without modifications ;
(b) publish the sanctioned scheme (to be called the “final scheme”)
by notification in the Official Gazette and in such other manner as may
be prescribed ; and
(c) send a copy of the notification so published to the Appropriate
Authority.
Upon the publication of the final scheme, it shall be binding on all
the holders and occupiers of lands mentioned therein, and it shall be
their duty to construct in the prescribed manner the field-channels
under the scheme.
Whenever it shall be necessary to make any inquiry or examination in connection with the construction of a field-channel under
section 34, the provisions of section 13 shall apply in relation to such
inquiry or examination in connection with the field-channel.
(1) The authorised Canal Officer shall by notice in writing
require each holder and occupier to construct the field-channel as
provided by the final scheme.
(2) The notice under sub-section (1) shall be given in such form and in
such manner as may be prescribed.
If any holder or occupier of land fails to construct the field-channel as required by notice aforesaid within the period specified in the final
scheme, the authorised Canal Officer may construct the same at the cost
of that holder or occupier or of both, as the case may be.
Obligation
on holders
to construct
fieldchannels
under final
scheme.
Provisions
of section
13 to apply.
Notice to
holders and
occupires of
land to
construct
fieldchannels.
Power to
authorise
Canal
Officer to
construct
fieldchannels.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 13
(1) When the consruction of a field-channel as provided in the
final scheme is duly completed,—
(a) the authorised Canal Officer shall issue a certificate to that
effect in the prescribed form, and
(b) the Appropriate Authority or the authorised Canal Officer, if so
empowered by the Appropriate Authority, shall by order in writing transfer the land occupied by the field-channel to all holders or occupiers of
land benefitted by the field-channel ; and thereupon, the land so transferred together with the field-channel shall vest in such holders or
occupiers and the provisions of sections 27 to 33 (both inclusive) shall
apply to such holders or occupiers as they apply in relation to an owner
of a field-channel.
(2) Nothing in sub-section (1) shall affect the right of the Appropriate
Authority to recover the cost of land and the cost of the construction of the
field-channel payable by any holder or occupier of land under the final scheme.
(1) Subject to the provisions of sub-section (2), the cost of any land
and of the construction of the field-channel payable under the final scheme
shall be paid by each holder either in lump sum within such period, or in
such instalments not exceeding five with simple interest at such rate as
may be fixed by the Appropriate Authority from time to time.
(2) Where any holder or occupier of land has constructed a field-channel at his own cost or made available any part of his land for its construction, the authorised Canal Officer shall determine the value of the construction, or as the case may be, the value of the land so made available,
and the value so determined shall be deducted from the cost payable by
the holder or occupier under sub-section (1).
Notwithstanding anything contained in section 34, the Appropriate Authority may direct a Canal Officer to prepare a scheme providing for
the construction of field-channels for the supply of irrigation water to the
best of advantage of any area specified in the direction, if in the opinion of
the Appropriate Authority such scheme is necessary in the interest of the
public ; and thereupon, the provisions of sections 34 to 40 (both inclusive)
shall apply as they apply in relation to a scheme prepared under section 34.
Settlement of disputes concerning field-channels
(1) Whenever a dispute arises between two or more persons in
regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a field-channel, or among joint owners of a fieldchannel, as to their respective shares of the expense of constructing or
maintaining such field-channel, or as to the amounts severally contributed by them towards such expense, or as to failure on the part of any
owner to contribute his share, a person interested in the matter of such
dispute may apply in writing to a Canal Officer duly empowered to
receive such application, stating the matter in dispute.
(2) The Canal Officer shall thereupon give notice to the other persons
interested that on a day to be named in such, he will proceed to inquire
into the said matter.
(3) If all the persons interested consent in writing to his being the
arbitrator, the Canal Officer may pass such order thereon as he thinks fit.
Consequences of
completion
of construction of
fieldchannels.
Mode of
payment of
cost of
construction of
field
channels,
etc.
Power of
Appropriate
Authority
to direct
preparation
of scheme
in public
interest.
Settlement
of disputes
as to
mutual
rights and
liabilities
of persons
interested
in fieldchannels.
14 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
(4) Failing such consent, the Canal Officer shall transfer the matter to
the next superior Canal Officer who shall enquire into it and pass such
order thereon as he thinks fit.
(5) No order which adversely affects the interests of any party to the
dispute shall be made unless such party is given a reasonable opportunity
of being heard.
Except as otherwise provided in the Bombay Land Improvement
Schemes Act, 1942, nothing in this Part shall apply to field-channels
constructed in pursuance of the provisions of that Act.
PART V
ACQUISITION OF LAND
(1) If at any time on an application of a Canal Officer not lower in
rank than an Executive Engineer, the Appropriate Authority is satisfied
that any land, or any right or interest of any person in any land required
for the consruction of a new canal, or a new field-channel under section
24, or for the maintenance, improvement or extension of an existing
canal should be compulsorily acquired or extinguished, the Approximate
Authority may acquire the land, right or interest by agreement or the
State Government may acquire the land under the Land Acquisition Act,
1894, or the Zilla Parishad or the Company may make an application to
the State Government for acquiring such land under that Act.
(2) On receipt of such application from the Zilla Parishad or Company,
if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified or if the State
Government decides to acquire the land under sub-section (1), it may
make a declaration to that effect in the Official Gazette, in the manner
provided in section 6 of the Land Acqisition Act, 1894, in respect of the
said land, right or interest. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section :
1
[Provided that, if the land proposed to be acquired falls within the Scheduled Area then the State Government shall, before such acquisition or
before re-settling or rehabilitating the persons affected by such projects
in such Scheduled Areas consult,—
(i) the Gram Sabha and Panchayat concerned, if the land is falling
within the area of one Panchayat ;
(ii) the concered Gram Sabhas and Panchayat Samitti , if the land is
falling within the area of more than one Panchayats in the Block
concerned ;
(iii) concered Gram Sabhas and Zilla Parishad , if the land is falling
within the area of more than one Blocks in the District concerned ;
Such consultation shall be done in the manner as may be laid down by the
State Government, by issuing a general or a special order in this behalf :
Provided that, the decision taken by majority of Gram Sabhas concerned
by passing a resolution in the above matter shall be binding on the
concerned Panchayat Samiti or the Zilla Parishad, as the case may be.
Provisions
of this Part
not to apply
to fieldchannels
constructed
under Bom.
XXVIII of
1942.
Bom.
XXVIII
of
1942.
These provisos were added by Mah. 46 of 1997, s. 11.
Acquisition
of land for
canals and
fieldchannels.
I of
1894.
I of
1894.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 15
Explanation.—For the purpose of this proviso,—
(i) the expressions ‘Gram Sabha’, ‘Panchayat’ and ‘Scheduled Areas’
shall have the meanings respectively, assigned to them in the Bombay
Village Panchayats Act, 1958 ;
(ii) the expression “Panchayat Samiti”, and “Zilla Parishad” shall have
the meaning respectively, assigned to them in the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.]
(3) On the publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of land under the said Act ;
and the provisions of the said Act shall apply to the determination of the
amount of compensation, appointment of the compensation and other
matters relating to the acquisition of the said land, right or interest. The
State Government may make rules in all matters connected with the
enforcement of the said provisions in so far as they are applicable to the
acquisition of such land or the extinguishment of such right or interest.
(4) Notwithstanding anything to the contrary in this Act or in the Land
Acquisition Act, 1894 within not less than fifteen days (excepts by private
negotitations) after the publication of the declaration under sub-section (2)
or the publication of the notification under sub-section (2) of section 25,
the State Government may direct that any land in respect of which a
notification has been issued shall be taken possession of by the Canal
Officer, duly authorised in this behalf by it, and the right, and interest in
land specified in the notification shall be extinguished from the date specified in the direction, and on such possesseion being taken, the said land
shall vest absolutely in the State Government free from all encumbrances:
Provided that, before or at the time of taking possession of any land
under this sub-section, the Collector shall offer to the person interested
compensation for the standing crops, trees and structures, if any, on such
land and for any damage sustained by him which is caused by such sudden dispossession, and not except in section 24 of the Land Acquisition Act,
1894, and if such offer is not accepted, the value of such crops, trees and
structures and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
(5) For the purposes of acquisition of any land, right or interest under
this section the Land Acquisition Act, 1894, shall have effect subject to
the modification that the market value of the land shall be deemed to be
the market value on the date on which the declaration is published under
sub-section (2) of this section or the notification is published under
sub-section (2) of section 25, as the case may be.
PART VI
SUPPLY OF WATER
CHAPTER I
GENERAL PROVISIONS FOR SUPPLY OF WATER
The provisios of this Capter shall apply in respect of water from a
canal supplied under Chapters II, III, IV and V of this Part.
I of
1894.
16 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
I of
1894.
Application
of this
Chapter for
supply of
water under
Chapters II
to V.
Bom.
III of
1959.
Mah.
V of
1962.
I of
1894.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 17
(1) Water from a canal may be supplied,—
(a) on an application for irrigation or non-irrigation purposes as
provided in Chapter II of this Part;
(b) on volumetric basis as provided in Chapter III of this Part;
(c) under an irrigation agreement as provided in Chapter IV of this
Part ; or
(d) under scheme in accordance with the provisions of Chapter V of
this Part.
(2) Water rates for the supply of water under clause (a), (b), (c) or (d) of
sub-section (1), shall be paid according to the rates provided in Chapter II,
III, IV or V of this Part.
(3) Notwithstanding anything contained in sub-section (2), there shall
be levied on all those holders or occupiers of lands within the irrigable
command of a canal (not being land irrigated on wells within irrigable
command) who do not avail of the facility of water supply during kharif and
rabi seasons (being seasons determined as such by an order of the State
Government) from such canal a water rate equal to fifty per cent. of the
seasonal water rate applicable and in force in that season :
Provided that no such water rate shall be levied if on demand water is
not made available.
(1) Where the Appropriate Authority is satisfied that, for the better cultivtaion of lands, and production of crops and due preservation and
proper utilisation of water resources of any canal, it is expedient in the
public interest to regulate the kind of crops that should be sown, planted
or grown on lands under the irrigable command of a canal or any part
thereof (not being lands irrigated on wells within such irrigable command),
and the period during which such crops should be sown, planted or grown
on such lands, the Appropriate Authority may, having regard to the soil
characteristics, climate, rainfall and water available, by order in writing,
make a declaration to that effect. Such order shall be given wide publicity
in such manner as the Appropriate Authority may think fit.
(2) On making such declaration, the Canal Officer, with the previous
approval of the superior officer authorised by the Appropriate Authority,
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 canal or any part thereof, specified in
such notice, and the period or periods during which such crops shall be
sown, planted and grown. The Canal Officer shall, subject to the provisions of section 50 and of sub-section (3) of this section, thereupon by
order regulate the supply of water from the canal for sowing, planting and
growing such crops during the period or periods specified in the order.
(3) The State Government may, in consultation with the Company,
and the Zilla Parishads concerned, by notification in the Official Gazette,
make rules for determining the crops, and the period or periods during
which such crops may be sown, planted and grown and for regulating supply of water for the purpose. Such rules may provide for fixing the extent
of irrigation and for sowing, planting or growing different crops on the land
under the irrigable command of a canal and the factors which may be
considered for fixing such extent, for giving publicity to such scheme and
for inviting objections and suggestions including provision for calling a
meeting of the persons affected by the scheme, and all matters incidental
or supplemental as may be necessary for giving effect to the provisions of
this section.
Modes of
supply of
canal
water,
power to
charge
mimimum
rate.
Power of
Appropriate
Authority
to regulate
sowing,
planting
or growing
of crops
during
specified
period on
lands
under
irrigable
command
of canal.
(4) On the publication of the notice under sub-section (2) of this section, 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 canal or any part thereof, specified in such notice and during the period specified therein.
(5) Any person aggrieved by any notice given under sub-section (2) of
this section may, within thirty days from the date of publication of such
notice, file an appeal before such officer not below the rank of Superintending Engineer (or such officer of the Company or Zilla Parishad
declared to be of equivalent rank) as the Appropriate Authority may
appoint. The appellate officer may on hearing the parties pass such
order as he thinks fit and thereupon, the notice shall stand unmodified or
modified to such extent as may be specified in the order.
The Appropriate Authority may by an order in writing fix a ceiling
on the area of crops which may be grown in the lands under the irrigable
command of a canal with water from such canal, and on the area of cash
crops specified in such order which may be grown with water from wells
situated under the irrigable command of such canal.
Explanation.—In this section “cash crops” means sugarcane, irrigated
cotton, irrigated ground-nut, betel leaves, citrus fruits, bananas, grapes,
chikus, turmeric, arcanut, tobacco (irrigated) and such other crop as the
State Government may, by notification in the Official Gazette, from time
to time specify.
Provisions as to supply
The supply of water to any field-channel or to any person who is
entitled to such supply shall not be stopped except—
(a) whenever and so long as it is necessary to stop supply for the
purpose of executing any work ordered by the Canal Officer duly
empowered by the Appropriate Authority in this behalf ;
(b) whenever and so long as any field-channel by which such supply
is received is not maintained in such repair as to prevent the wasteful
escape of water therefrom ;
(c) whenever and so long as it is necessary to do so in order to supply
in rotation the legitimate demands of other persons entitled to water ;
(d) whenever and so long as it may be necessary to do so in order to
prevent the wastage or misuse of water ;
(e) within periods fixed from time to time by a Canal Officer duly
empowered in this behalf, of which due notice shall be given ;
(f) whenever and so long as it is necessary to stop such supply
pending a change in source thereof by a Canal Officer ;
(g) whenever and so long as it is necessary to stop or regulate such
supply for the purpose of conservation of the canal water ;
(h) whenever and so long as canal water is used for sowing, planting
or growing crops in contravention of the provisions of the notice under
sub-section (2) of section 47 ;
(i) whenever and so long as stoppage is necessitated due to any cause
beyond the control of the Appropriate Authority ;
(j) whenever and so long as such person does not pay arrears of
water rate even after requiring him to pay such arrears by a notice duly
served on him.
Power to
fix ceiling
on area of
crops.
Power to
stop
water.
18 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
When canal water is supplied for the irrigation of one or more
crops only, the permission to use such water shall be held to continue
only until such crop or crops shall come to maturity, and to apply only to
such crop or crops.
(1) Every agreement for the supply of canal water to any land,
building or other immovable property shall be transferable therewith and
shall be presumed to have been so transferred whenever a transfer of
such land, building or other immovable property takes place :
Provided that an agreement for the supply of canal water to any leased
land made in favour of a lessee after the land is leased to him shall, on
transfer of such land, not be so transferable therewith, and shall stand
revoked; and the Appropriate Authority may thereafter sanction supply of
such canal water either in full or in part to any land or lands as the circumstances of the case may require.
(2) No person entitled to the use of any work or land appertaining to any
canal, and except in the case of any agreement referred to in such-section (1),
no person entitled to use the water of any canal, shall sell or sublet or otherwise transfer, his right to such use without the permission in writing of a
Canal Officer duly empowered to grant such permission.
1
[(3) (a) Notwithstanding anything contained in this Act or in any agreement for the supply of canal water to any land, building or other immovable property or in any law for the time being in force or in any agreement
for the supply of electricity for operating any machine, contrivance or
equipment or other apparatus whatsoever for lifting water, in the public
interest, for reasons to be recorded in writing, it shall be lawful for the
Appropriate Authority to stop the supply of water, or reduce the area of
such supply to such extent, as the circumstances of the case may
require, and for the purpose, it shall be lawful for the Canal Officer duly
empowered in that behalf to remove or cause to be removed any machine,
contrivance, equipment or appratus used or likely to be used for lifting
water and to stop or reduce supply of electricity himself or by order direct
the licensee or other authority to stop or reduce the supply of electricity to
the consumer to such extent as may be specified in the direction. It
shall be obligatory on the licensee or other authority to comply forthwith
with any direction issued by the Canal Officer under this sub-section.
(b) The Appropriate Authority and the Canal Officer shall give publicity to
such stoppage or reduction in supply of water or electricity, as the case may be,
in such manner as they, in the circumstances of each case, may think fit.]
Occasional rates
If water supplied through a field-channel is used in an unauthorised
manner, and if the person by whose act or neglect such use has occurred
cannot be identified—
(a) the person or all the persons on whose land such water has flowed,
if such land has derived benefit therefrom, or
(b) the person or all the persons chargeable in respect of the water
supplied through such field-channel, if no land derived benefit therefrom,
shall be liable, or jointly liable, as the case may be, for the charges
which shall be made for such use under the rules made in that behalf.
Duration
of supply.
Agreement
for supply
of water
transferable with
property in
respect of
which
supply is
given, etc.
Liability
when
person
using water
unauthorisedly cannot
be identfied.
1 This sub-section was substituted for the original by Mah. 3 of 1984, s. 2.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 19
(1) If water supplied through a canal is suffered to run to waste,
and if, after inquiry, the person through whose act or neglect such water
is suffered to run to waste cannot be discovered, the person or all the
persons chargeable in respect of the water supplied through such canal
shall be liable or jointly liable, as the case may be, for the charges which
shall be made in respect of the water so wasted, under a rule made in that
behalf under section 114.
(2) All questions arising under this and the last preceding section shall,
subject to the provisions of section 104, be decided by a Canal Officer duly
empowered in this behalf.
All charges for the unauthorised use or for waste of water may be
recovered as water rates, in addition to any penalty incurred on account
of such use or waste.
Percolation and leakage rates
(a) Any cultivated land receiving by percolation or leakage from a
canal or deriving by surface flow, an advantage equivalent to that which
would be given by a direct supply of canal water for irrigation, or
(b) any cultivated land irrigated by means of 1
[a well situated on either side of
a canal, within a distance of 35 metres from the nearest boundary of the canal],
shall be charged in respect of cultivated land falling under clause (a) a
water rate not exceeding that which would ordinarily have been charged
for a similar direct supply for the crop or the season during which the
water is admitted in the canal, and in respect of cultivated land falling
under clause (b), a water rate not exceeding one-half of such rate as may
be determined by the Appropriate Authority.
Explanation.—For the purposes of this section, land charged under this
section shall be deemed to be land irrigated from a canal.
(1) Water used for purposes other than those of irrigation from
any natural stream or artificial drain receiving percolation water from a
canal shall be charged a water-rate not exceeding that as would ordinarily
have been charged if the supply had been made from the canal for such
purposes; and water used for such purposes from 2
[a well situated on
either side of a canal, within a distance of 35 metres from the nearest
boundary canal] shall be charged a water rate not exceeding one-half of
such rate, as may be determined by the Appropriate Authority.
(2) The provisions of sub-section (1) shall not apply to water from such
stream, drain or well used exclusively for domestic purposes by the residents of any village.
CHAPTER II
Supply of Water on an Application
(1) Supply of water from any canal shall be regulated according
to rules made in that behalf. Such rules may provide for calling for
application for supply of water before the prescribed dates and for sanctioning supply, regard being had to the availability of water, the total
area of the land for which water is to be supplied, the regularity in payLiability
when
water
runs to
waste.
Charges
recoverable
in addition
to penalties.
Land
deriving
benefit from
percolation
liable to
water rate.
1 Substituted for the words “a well sunk within the irrigable command of a canal
or within 35 metres on either side of the canal” by Mah. 52 of 1981, s. 2.
2 Substituted for the words “any well sunk within the irrigable command of a canal”
ibid., s. 3.
Levy of
water rate
for use of
percolation
water for
nonirrigation
purposes.
Regulation
of supply
of water.
20 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
ment of water rates by the applicants, the crops to be grown on the lands
from canals and other relevant factors, if any, which may be prescribed.
(2) The sanctioned supply may either be on area basis as provided in
this Chapter or on volumetric basis as provided in Chapter III of this Part.
(1) Every person desiring to have a supply of water from a canal
shall submit a written application to that effect to a Canal Officer duly
empowered in this behalf to receive such applications in such form as
shall from time to time be prescribed by the State Government in this
behalf. Such applications shall be submitted before such date as the
Canal Officer shall duly notify in such manner as he thinks best for the
information of all such persons interested in making such applications.
(2) On receipt of an application for supply of water on yearly or
seasonal basis under sub-section (1), a Canal Officer shall acknowledge
the same forthwith. If the application is not in accordance with the
prescribed form, the Canal Officer may return it to the applicant and
direct the applicant to submit it again in the prescribed form duly
completed before the date notified under sub-section (1). The application duly completed which is submitted before the date aforesaid shall
also be duly acknowledged.
(3) Every such application shall be disposed of by the Canal Officer
within fifteen days from the last date notified as aforesaid and the decision of the Canal Officer notified on the notice board in the office of the
Canal Officer and at such other place or places as the Canal Officer may
direct and the decision so notified shall be deemed to be notice of such
decision to all the applicants.
(4) If the Canal Officer fails to notify his decision on the notice board
in his office as aforesaid, then the applicant shall be deemed to have
been permitted to take water from the canal specified in the application,
but subject to the same conditions on which supply of water from the
canal is sanctioned to other applicants.
(5) On receipt of an application for supply of water otherwise than on
yearly or seasonal basis, the Canal Officer shall deal with the application in such manner as may be prescribed.
(6) Where an application is made for a supply of water to be used for
purposes other than those of irrigation, the Canal Officer may, with the
sanction of the Appropriate Authority, give permission for water to be
taken for such purposes under such special conditions and restrictions,
as to the limitation, control and measurment of the supply, as he may
be empowered by the Appropriate Authority to impose in each case.
Supply rates
(1) Such rates shall be liviable for canal water supplied for
purposes of irrigation, or for any other purpose under this Chapter as
shall from time to time be determined by the Appropriate Authority :
Provided that the water rates levied by the Company or the Zilla Parishad
shall be determined with the previous approval of the State Government.
(2) The rates shall be payable by the person on whose application the
supply is granted, or by any person who uses the water so supplied.
Application for
supply of
water.
Determination of
rates for
supply of
cannal
water.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 21
CHAPTER III
SUPPLY OF WATER ON VOLUMETRIC BASIS
(1) Where the holders or occupiers of not less than fifty-one
per cent of the lands or not less than fifty-one per cent of the holders or
occupiers of the lands to which supply of water under Chapter II is sanctioned from a canal which is provided with a device for measuring water
distributed therefrom give their consent in writing to the Canal Officer
duly empowered in this behalf to take water on payment on volumetric
basis and to form a Water Committee of all such holders or occupiers for
distribution of water on that canal in accordance with the provisions of
this Chapter. Such consent shall be binding on all the holders or
occupiers who will be supplied with water on that canal.
(2) The Canal Officer shall, thereupon by order in writing, require all
the holders and occupiers of such lands to take water from such canal
on payment on volumetric basis, and direct such holders and occupiers
to form the Water Committee within the period specified in the order.
(3) If the holders and occupiers fail to form the Water Committee, the
Canal Officer shall, after consulting such holders and occupiers, form
the Water committee.
(4) The Water Committee shall consist of five persons, one of whom
shall be a Sectional Officer or his nominee and the remaining four may
be appointed from time to time by the holders and occupiers of the lands
referred to in sub-section (1) from amongst themselves. The Sectional
Officer or his nominee shall give guidance or assistance—technical or
otherwise—to the Committee, and guide it in its deliberations with a
view to securing proper apportionment and distrubution of water to all
the holders and occupiers.
(5) The Water Committee may meet from time to time and may
follow such procedure as it deems fit for the transaction of the business.
(6) Such water rates shall be levied for canal water supplied to the
holders and occupiers for the purposes of irrigation as may be determined by the Appropriate Authority :
Provided that, no such water rates shall be determined by any Zilla
Parishad or by the Company except with the previous approval of the
State Government.
(7) The functions of the Water Committee shall be—
(i) to measure and receive the quantity of water at measuring
device and to ensure proper apportionment and distribution of the
same among its members ;
(ii) to receive and enquire into complaints regarding distribution
of water and take immediate necessary action to set them right ;
(iii) to make all efforts to prevent unauthorised use or waste of water;
(iv) to assist the Canal Officer in discharging his duties and in
detecting unathorised use of water ;
(v) to ensure that only sanctioned crops and areas are brought
under irrigation according to the provisions of this Act.
(8) If any holder or accupier is aggrived by any order or decision of the
Water Committee, then such holder or occupier may submit an appeal
to the Executive Engineer within thirty days from the date of receipt of
such order or decision. The decision of the Executive Engineer in such
appeal shall be final and conclusive, and shall not be called in question
in any court.
Supply of
water on
volumetric
basis and
formation
of water
Committee.
22 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
CHAPTER IV
SUPPLY OF WATER UNDER IRRIGATION AGREEMENTS
Subject to the provisions of Chapter I of Part VI, agreements
may be made in accordance with the provisions of this Chapter,
between the Appropriate Authority and the holders and occupiers for the
supply of water for irrigation for a period of years specified in the
agreements.
Such agreements are called “irrigation agreement”.
An irrigation agreement—
(a) shall be for the irrigation of one or more specified crops which
are called “crops under agreement” ;
(b) shall be made with the holders and occupiers of all the lands
under the irrigable command of a canal in a village or in any other
specified area cultivated with the crops under agreement ; and
(c) when duly made in accordance with the provisions of this Chapter shall be binding according to the terms of the agreement, on the
holders and occupiers of—
(i) all the lands within the irrigable command of a canal (including
wet lands) in the village or in other specified area cultivated with the
crops under agreement at the time from which the agreement has effect :
Provided that, where a scheme of consolidation has been confirmed
in respect of any land under the provisions of the Bombay Prevention
of Fragmentation and Consolidation of Holdings Act, 1947, the irrigation agreement shall, from the year in which the holders and occupiers,
if any, are put into possession of the holdings,—
(a) be binding on the holders and occupires, if any, of all cultivable
land newly received in exchange for land which has ceased to be
under cultivation ;
(b) cease to be binding on the holders and occupiers, if any, of all
land which has ceased to be under cultivation ;
(ii) all the lands described in sub-clause (i) together with such lands
as may be cultivated with the crops under agreement at any time
during the period of the agreement.
Explanation.—The land of the holders and occupires whereof an agreement is binding is called “land under agreement”.
Where either the holders and occupiers of not less than twothirds of, or not less than ninety-five per cent. of the holders and occupiers
of, all the land under the irrigable command of a canal in village or in
any other specified area cultivated with crops under agreement have
given their consent to a proposed irrigation agreement in accordance
with the provisions of this Chapter, then the proposed agreement, if
accepted by a Canal Officer duly empowered in this behalf, shall be
deemed to be an irrigation agreement binding on the holders and occupiers
of all land in the irrigable command of a canal in such village or in any
other specified area cultivated with the crops under agreement.
Power to
make
irrigation
agreements.
Scope of
irrigation
agreement.
When
agreement
can be
made.
Bom.
LXII
of
1947.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 23
(1) Where the title of an occupier of any land who is not holder
thereof, is such that it will lapse on or before the expiry of the agricultural year next following the date of an irrigation agreement applicable
to such land, the consent of the holder to such agreement shall be binding on such occupier in respect of such land.
(2) Where the title of an occupier of any land who is not the holder
thereof, is such that will continue after the expiry of the agricultural
year next following the date of an irrigation agreement applicable to
such land, the consent of such occupier shall be necessary to the validity of the consent of the holder.
(1) The provisions of section 63 shall not apply unless a notice
has been published in the village or in any other specified area
concerned by a Canal Officer that he proposes to take an irrigation
agreement in that village.
(2) Such notice shall be published in writing in some prominent place
in the village, or as the case may be, in such specified area, and shall be
proclaimed by beat of drum at least fourteen clear days before the agreement is finally made.
The holder of a land which is not under the irrigable command of
a canal but is capable of being irrigated from a canal or field-channel by
means of any mechanical contrivance designed to lift the water therein
may apply to a Canal Officer to have such land included in an irrigation
agreement, and if his application is granted, he shall be entitled to the
supply of water in accordance with the terms of such agreement in so
far as they may be applicable.
The charges for the supply of water under irrigation agreement
shall be levied at such water rates as may be fixed by the Appropriate
Authority:
Provided that, no such water rates shall be fixed by any Zilla Parishad
or the company except with the previous approval of the State
Government.
In addition to any incident applying generally to liability for
payment of water rates, all irrigation agreement shall be subject to the
following incidents, namely :—
(a) the canal revenue payable thereunder shall be payable—
(i) if the case falls under clause (c) (i) of section 62 for every year
on all land under agreement, whether it has been sown or not and
irrigated or not, and
(ii) if the case falls under clause (c) (ii) of section 62 for any year
on all land under agreement, which has been sown that year with
any of the crops under agreement, whether it has been irrigated
or not;
24 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Consent to
agreement
necessary
where
land is in
possession
of occupier
other than
holder.
Publication
of notice
before
agreement
is made.
Inclusion
of land
irrigated by
lift.
Charges
for supply
of water.
Liability
due to
irrigation
agreement.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 25
(b) the canal revenue payable on any land for any year shall be
collected from the occupier or on his default, from the holder of such
land;
(c) at any time when the amount of water available is deficient, or
when damage is anticipated to the canal if a full discharge of water is
delivered, its supply may be regulated in such manner as any Canal
Officer duly empowered in this behalf may determine;
(d) no claim shall arise against the Appropirate Authority for
compensation for any loss arising from a failuare or shortage in the
supply of water for irrigation or from an excess of such supply :
Provided that, rules may be made under this Act providing for
remission of rates charged for supply of water under an irrigation
agreement where there has been a failure of crops or a failure to
deliver water owing to a defect in the head works or distribution
system of a canal; and
(e) the holder of wet land under the irrigable command of a canal
in an irrigation agreement relating to the village or any other
specified area in which such land is situated shall be entitled to such
deduction, if any, from the rates charged for the supply of water under
an irrigation agreement as may be provided by rules made under this
Act.
(1) An irrigation agreement may be cancelled by mutual
consent between the Appropriate Authority and holders and occupiers of
not less than two-thirds of, or not less than ninety-five per cent. of the
holders and occupiers of, the land under agreement at the time of such
cancellation.
(2) The provisions of sections 64 and 65 shall apply to the cancellation of an irrigation agreement as if consent to the cancellation were
consent to the making of such agreement.
(1) If, in the opinion of a Canal Officer duly empowered in that
behalf, the holders and occupiers, under an irrigation agreement, fail to
maintain their field-channels, then provisions of section 31 shall apply
as they apply in relation to a field-channel under that section. If the
holders and occupiers fail to maintain their field-channels on two or
more such occasions, the Canal Officer duly empowered in this behalf
may, at any time after giving notice, cancel, with the previous approval
of the Appropriate Authority, the irrigation agreement.
(2) An order of the Canal Officer under this section shall be in
writing and shall be published in some prominent place in the village or
in any specified area concerned and shall be proclaimed by beat of drum;
and thereupon the irrigation agreement shall cease to have effect.
With the previous sanction of the Appropriate Authority, a
Canal Officer duly empowered in this behalf may at any time cancel any
irrigation agreement and in such case, the compensation for damages
in respect of any land under agreement shall be equal to the amount of
the canal revenue which would have been payable in respect of such
land for the remainder of the period of the agreement. The distribution and payment of such compensation shall be made according to rules
made under section 114.
Cancellation of
agreement
by mutual
consent.
Cancellation of
agreement
for failure
to maintain fieldchannels.
General
power to
cancel
agreement.
26 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
CHAPTER V
SUPPLY OF WATER UNDER SCHEME
(1) Where, in the opinion of the Appropriate Authority, a canal
is likely to irrigate lands not exceeding 200 hectares (500 acres) in area,
then with a view to providing supply of water from such canal more
economically in the public interest, the Approriate Authority may, by
notification in the Official Gazette, prepare a draft scheme for supply of
water from such canal to such lands. The draft scheme shall provide
for handing over the management of the canal and distribution of water
therefrom to the Water Committee oppointed under section 74.
(2) The draft scheme shall contain the following particulars, that is
to say :—
(a) the area to which the scheme applies ;
(b) the survey numbers of lands included in such area and the
names of holders and occupiers thereof ;
(c) the period or periods during which water will be supplied to such
lands ;
(d) the crop or crops which will be permitted to be grown thereon ;
(e) the water rate at which water may be supplied to each land
included in the scheme :
Provided that, no water rate shall be determined by any Zilla Parishad
or the company except with the previous approval of the State
Government ;
(f) the amount to be paid by the Appropriate Authority for the
management of the canal to the Water Committee ;
(g) for the publication of the scheme in the Official Gazette; and
(h) fixing the period of not less than three months from the date of
receipt of the individual notice under sub-section (3) for submission
of objections or suggestions to such scheme.
(3) After the publication of such notification in the Official Gazette,
the Canal Officer shall as soon as practicable serve individual notice on
the holders and occupiers who are likely to be affected by such notification.
(4) After considering such objections and suggestions, if any, as may
have been received within the period fixed as aforesaid, the Appropriate
Authority may, after making due inquiries, sanction the draft scheme
with or without any modifications or may reject it.
(5) The scheme as sanctioned under sub-section (4) shall be
published in the Official Gazette, and in the village and at the headquarters of the taluka and of the district in which the lands included in the
scheme are situate and shall, on such publication, be final.
(1) The Scheme shall come into force on such date as the
Appropriate Authority may, by notification in the Official Gazette,
appoint and shall have effect as if it were enacted in this Act.
(2) Notwithstanding anything contained in sub-section (1), the scheme
may at any time be varied by a subsequent scheme made, published
and sanctioned in accordance with the provisions of section 72; and the
provisions of this Part shall apply in relation to such varied scheme.
Supply of
water
under
scheme.
Effect of
scheme ;
power to
vary
scheme.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 27
(1) After a scheme has come into force under section 73, the
Appropriate Authority shall appoint a Water Committee to execute the
scheme, subject to the superintendence, direction and control of the
Canal Officer appointed by the Appropriate Authority for the purpose.
(2) The Water Committee shall consist of five persons of whom one
shall be the Sectional Officer or his nominee and the remaining four
persons may be appointed from amongst the holders or occupiers of land
included in the scheme by the Appropriate Authority or any officer thereof
duly empowered in that behalf.
The members of the Committee shall hold office for a period of two years
from the date of their appointment. It shall be lawful for the Appropriate
Authority to terminate the appointment of all or any members of the Committee at any time by an order in writing without assigning any reasons.
The Water Committee may meet from time to time, and may follow
such procedure as it deems fit for the transaction of its business. The
Sectional Officer or his nominee shall give all assistance, technical or
otherwise, to the Committee, and guide it in its deliberations with a
view to securing proper apportionment and distribution of water to all
the holders and occupiers.
(3) The Water Committee shall—
(a) manage the canal and ensure proper distribution of water to
the lands included in the scheme ;
(b) decide the crops to be grown during any period or periods
according to the provisions of the scheme ;
(c) carry out day-to-day maintenance and repairs of the canal ;
(d) maintain the irrigation system of the canal beyond the outlet
in a fit state of supply of water ;
(e) assist the Canal Officer—
(i) in detecting and preventing encroachment on the canal and
on the lands appertaining thereto ;
(ii) for preventing damage to the canal ; and
(iii) for repairing any damage caused to the canal ;
(f) have power to impose a penalty for unauthorised use of water,
or use of water out of turn or for growing crops contrary to the provisions of the scheme ;
(g) maintain accounts of the amount paid to it in such manner as
may be prescribed.
(4) The penalty may consist of a fine not exceeding two hundred
rupees, and it shall be liable to be recovered as an arrear of land revenue.
(5) Any person aggrieved by the decision of the Water Committee may
within forty-five days from the date of receipt of the decision of the
Water Committee make an appeal to the Canal Officer or any officer
duly empowered by the Appropriate Authority for the purpose.
(6) The Appropriate Authority may, not later than two years from the
date of the order, call for and examine the record of any inquiry or proceeding underlying such order of the Water Committee, or of the officer
appointed by it, for the purpose of satisfying itself as to the legality or
propriety of any decision or order, passed or as to the regularity of the
proceeding, and it may pass any order upholding, annuling, modifying or
reversing the order of the Water Committee or of any such officer :
Provided that, no order affecting any person shall be made unless
such person is given a reasonable opportunity of being heard.
Appointment of
Water
Committee to
execute
scheme
and its
powers.
28 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
PART VII
AWARD OF COMPENSATION
Compensation when claimable
(1) Compensation may be awarded in respect of any substantial
damage caused by the exercise of any of the powers conferred by this
Act, which is capable of being ascertained before exercising of such powers, and in all other cases, ascertained and estimated at the time when
the damage is caused :
Provided that, no compensation shall be so awarded in respect of any
damage arising from—
(a) deterioration of climate, or
(b) stoppage of navigation or the means of rafting timber or of
watering cattle, or
(c) stoppage or diminution of any supply of water in consequence of
the exercise of the power conferred by section 11, if no use have been
made of such supply, within the five years next before the date of
issue of the notice under section 80, or
(d) failure or stoppage or diminution of the water in a canal when
such failure or stoppage or diminution is due to—
(i) any cause beyond the control of the Appropriate Auhtority ;
(ii) the execution of repairs, alterations or additions to the canal ; or
(iii) any measures considered necessary by any Canal Officer duly
empowered in this behalf for regulating the proper flow of water in the
canal, or for maintaining the established course of irrigation or for
conserving supply of water under clause (g) of section 49.
(2) Any person, who suffers loss from any stoppage or diminution of
his water-supply due to any of the causes specified in clause (d) of the
proviso to sub-section (1), shall be entitled to such remission of the water
rate payable by him as may be authorised by the Appropriate Authority.
No claim for compensation under this Act shall be entertained
after the expiration of twelve months from the time when the damage
complained of commenced, unless the Collector is satisfied that the
claimant had sufficient cause for not making the claim within such period.
Summary decisions
(1) In every case of entry upon any land or building under
section 12, section 13, section 14 or section 15 or section 22 or section
36, the Canal Officer or person making the entry shall ascertain and
record the extent of the damage, if any, caused by the entry, or in the
execution of any work, to any crop, tree, building or other property.
(2) Within one month from the date of such entry referred to in
sub-section (1), compensation shall be tendered by a Canal Officer duly
empowered in this behalf to the holder or owner of the property damaged.
(3) If such tender is not accepted, the Canal Officer shall forthwith
refer the matter to the Collector for the purpose of making inquiry as to
the amount of compensation and deciding the same.
Compensation in
cases of
ascertainable
substantial
damage.
Limitation
of claims.
Compensation for
damage
caused by
entry on
land, etc.
1976 : Mah. XXXVIII ] Maharashtra Irrigation Act, 1976 29
If the supply of water to any land irrigated from the canal is
interrupted otherwise than in the manner described in clause (d) of the
proviso to sub-section (1) of section 75, the holder of such land may
present a petition for compensation to the Collector, for any loss arising
from such interruption, and the Colllector, after consulting the
Canal Officer, shall award to the petitioner reasonable compensation
for such loss.
The decision of the Collector under either of the last two preceding sections as to the amount of compensation to be awarded shall, subject to an appeal which may provided by rules made under section 114,
be conclusive. Where any such appeal is provided, then the decision of
the Appellate Authority shall also be conclusive.
Formal adjudications
As soon as practicable after the issue of a notification under
section 11, the Collector shall cause public notice to be given at convenient places, stating that the Appropriate Auhtority intends to apply or
use the water referred to in that section, that the claims for compensation may be made before him.
A copy of sections 75 and 76 shall be annexed to every such notice.
All claims for compensation under this Act, other than claims of
the nature provided for in section 77 and section 78 shall be made
before the Collector of the district in which such claim arises.
The Collector shall inquire into every such claim and determine the amount of compensation, if any, which should in his opinion
be given to the claimant ; and sections 11, 12, 12A, 13, 14, 15, 15A, 18 to
31, 45 and 52 of the Land Acquisition Act, 1894 shall apply to such
inquiries.
(1) In determining the amount of compensation under the last
preceding section, regard shall be had to the diminution in the market
value, at the time of awarding compensation, of the property in respect
of which compensation is claimed.
(2) Where such market value is not ascertainable, the amount shall
be reckoned at twelve times the amount of the diminution of the
annual net profits of such property, caused by the exercise of the powers
conferred by this Act.
All sums of money payable for compensation awarded under
section 82 shall become due three months after the claim for such
compensation is made ; and simple interest at such rate as may be
fixed from time to time shall be allowed on any such sum remaining
unpaid after the said three months, except when the non-payment of
such sum is caused by the neglect or refusal of the claimant to receive
the same.
Compensation on
account of
interruption of
watersupply.
Decision
as to
amount of
compensation under
either of
last two
sections to
be conclusive.
Notice as to
claims for
compensation in
certain
cases.
Claims to
be preferred to
Collector.
Collector to
be guided
by provisions of
Land
Acquisition
Act, 1894.
Diminution
in market
value to be
considered
in fixing
compensation.
Compensation when
due.
I of
1894.
30 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Abatment of land revenue and rent
If compensation is awarded under section 82 on account of a
stoppage or diminution of supply of water in respect of any land paying
revenue to the State Government, and the amount of the revenue payable on account of such land has been fixed with referrence to the water
advantages appertaining thereto, the holder of the said land shall be
entitled to an abatement of the amount of revenue payable to such
extent as shall be determined by the Collector.
(1) Every inferior holder of any land in respect of which such
compensation has been paid shall, if he receives no part of the said
compensation, be entitled to an abatement of the rent previously payable by him to the superior holder thereof in proportion to the reduced
value of the holding.
(2) But if water supply which increases the value of the holding is
afterwards restored to the said land otherwise than at the cost of the
inferior holder, the superior holder shall be entitled to enhance the rent
in proportion to such increased value :
Provided that the enhanced rent shall not in any case exceed the
rent payable by the inferior holder before the abatment, unless the
superior holder shall, independently of the provisions of this section, be
entitled so to enhance the previous rent.
The provisions in relation to compensation in this Part shall not
apply to compensation claimed or awarded under the provisions of
section 44.
PART VIII
RECOVERY OF WATER RATE
(1) Every water rate leviable or charged under this Act shall be
payable on such dates and to such officers as shall from time to time be
determined under the orders of the Appropriate Authority. If the water
rate is not paid on or before the due date, then there shall be paid an
extra charge not exceeding ten per cent. of the amount due as may be
prescribed.
(2) Any such water rate or instalment thereof which is not paid on
the date when it becomes due shall be deemed an arrear of land
revenue due on account of the land, being either land under the irrigable
command of a canal or land for the use of which canal water was
supplied or which is benefited by percolation or leakage from any canal
and shall be recoverable as such arrear by any of the process specified
in section 176 of the Maharashtra Land Revenue Code, 1966, including
the forfeiture of the said land.
Abatment
of revenue
demand on
interruption of
water
supply.
Abatment
of inferior
holder’s
rent on
interruption of
water
supply ;
and
enhancement of
such rent
on restoration of
supply.
Provisions
of this part
not to apply
to acquisition under
section 44.
Payment
and
recovery of
water rate.
Mah.
XLI
of
1966.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 31
(3) Any rent payable to the owner of a field-channel by a person
authorised to use such field-channel may be paid in such instalments
and on such dates as the Canal Officer duly empowered to act under
section 29 shall direct and no more of such rent shall at any time be
payable to the owner thereof than is actually recovered from the person
liable to pay.
(4) (a) Any other sum due to the State Government or to Canal Officer
under the provisions of this Act whether on behalf of the State Government or any other person under Part IV of this Act which is not paid
when demanded shall, and
(b) any rent or instalment thereof payable to the owner of the fieldchannel which is not paid when it becomes due may, on behalf of the
owner,
be recoverable as an arrear of land revenue in accordance with the
provisions of the Maharashtra Land Revenue Code, 1966.
(1) When the amount of water rate or instalment thereof or any
other sum due in respect of any land payable to the Company or Zilla
Parishad or to the Canal Officer on behalf of the Company or Zilla Parishad
under the provisions of this Act is not paid to the Company or Zilla
Parishad or to such Canal Officer on the date when it becomes due or
when demanded after it has become due, such amount or sum may
be recovered according to the provisions of sub-section (2) of this
section.
(2) Where any amount or sum or any instalment thereof payable to
the Company, Zilla Parishad or to any Canal Officer on behalf of the
Company or Zilla Parishad by or under this Act is not paid on the date
when it becomes due—
(a) and the claim is not disputed, or the amount in dispute does not
exceed Rs. 100, the Canal Officer duly empowered to enforce the provisions of this section may send to the Collector a certificate under
his hand indicating therein the sum which is due to, or claimed by,
the Company, Zilla Parishad or Canal Officer, as the case may be, and
thereupon, the Collector shall recover the sum due or claimed as
arrear of land revenue ;
(b) and the claim is disputed, and the amount in dispute
exceeds Rs. 100, then it shall be referred to the Tribunal consisting of
one person constituted by the State Government for the purpose ; and
the Tribunal shall, after making such inquiry as it deems fit, and
after giving to the persons by whom the amount is alleged to be
payable, an opportunity of being heard, decide the question. The
decision of the Tribunal shall be final, and thereupon, the Collector
shall recover the amount determined to be due as an arrear of land
revenue.
Mah.
XLI of
1966.
Recovery of
water rate
etc.,
payable to
Company,
Zilla
Parishad,
etc.
(3) Subject to the provisions of this Act and to the previous approval of
the State Government, the President of the Tribunal may make regulations for regulating the practice and procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any process fee, provisions for recovery thereof in the form of court-fee stamps, the right of
appearance before the Tribunal, the place or places of its sitting, the
disposal by the Tribunal of any proceedings before it notwithstanding
that in the course thereof there has been a change in the person
sitting as member of the Tribunal and generally, for the effective
exercise of its powers and discharge of its functions under this Act.
(4) The regulations made under this section shall be published in
the Official Gazette.
PART IX
OBTAINING LABOUR FOR CANALS ON EMERGENCIES
(1) Whenever it appears to a Canal Officer duly empowered to
Act under this section that—
(a) unless some work or repair is immediately executed such serious damage will happen to any canal as to cause sudden and extensive public injury ;
(b) unless some clearance of a canal or other work which is necessary in order to maintain the established course of irrigation is
immediately executed, serious public loss will occur ; and
(c) the labourers necessary for the proper execution of such repair,
clearance or work cannot be obtained in the ordinary manner within
the time that can be allowed for the execution of the same so as to
prevent such injury or loss ;
the said Canal Officer may, by order under his hand, direct that the
provisions of this section shall be put into operation for the execution
of such repairs, clearance or work ; and thereupon every able-bodied
person, who holds land or resides in the vicinity of the locality where
such repair, clearance or work has to be executed and whose name
appears in the list hereinafter mentioned shall, if required to do so by
such officer or by any person authorised by him in this behalf, be
bound to assist in the execution of such repair, clearance or work by
labouring thereat as such officer or any person authorised by him in
this behalf may direct.
(2) All persons so labouring shall be entitled to payment at rates which
shall not be less than the highest rates for the time being paid in the
neighbourhood for similar labour.
Subject to such rules as may from time to time be prescribed
under section 114 in this behalf, the Collector shall prepare a list of
persons liable to be required to assist as aforesaid, and may from time to
time add to or alter such list or any part thereof.
All orders made under section 90 shall forthwith be reported to
the Collector and the Appropriate Authority.
Procedure
for obtaining labour
for works
or repairs
urgently
required.
List of
Labourers.
Reports to
be made by
Canal
Officer.
32 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
PART X
PENALTIES
(1) Whoever voluntarily and without proper authority—
(a) damages, alters, enlarges or obstructs any canal ;
(b) interferes with, or increases or diminishes the supply of water
in, or the flow of water from, through, over or under any canal, or by
any means raises or lowers the level of the water in any canal ;
(c) pollutes or fouls the water of any canal so as to render it less fit
for the purposes of which it is ordinarily used ;
(d) destroys, defaces or removes any land or level mark or water
guage fixed by the authority of a public servant;
(e) destroys, tampers with, or removes, any apparatus, or part of
any apparatus, for controlling, regulating or measuring the flow of
water in any canal ;
(f) passes, or causes animals or vehicles to pass in or across any of
the works, banks or channels of a canal contrary to rules made under
section 114 after he has been directed to desist therefrom ;
(g) causes or knowingly and wilfully permits cattle to graze upon
any canal or flood embankment, or tethers or causes, or knowingly
and wilfully permits cattle to be tethered, upon any such canal or
embankment, or roots up any grass or other vegetation growing on
any such canal or embankment, or removes, cuts or in any way
injures or causes to be removed, cut, or otherwise injured any tree,
bush, grass or hedge intended for the protection of such canal or
embankment ;
(h) neglects, without reasonable cause, to assist or to continue to
assist in the execution of any repair, clearance or work, when lawfully bound so to do under section 90 ;
(i) eases oneself on the banks, or in the channel, of a canal ;
(j) damages, alters or obliterates boundaries of areas in which
irrigation from a canal is authorised by a Canal Officer ;
(k) fails to close the temprorary channels dug out for supply on a
temporary basis after the period of sanction is over ;
(l) fails to asist a Canal Officer in the discharge of his duties whenever called for ;
(m) violates any rules made under section 114 for breach whereof
the State Government shall, in such rules, direct that a penalty may
be incurred ;
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 33
Penalty for
damaging
canal, etc.
(2) without prejudice to the provision of section 19, whoever
obstructs the field to field irigation from any canal ;
(3) whoever contravenes the provisions of this Act or any rules made
thereunder ;
(4) whoever uses water from the canal in an unauthorised
manner ; or
(5) whoever being responsible for the maintenance of a field-channel, or using a field-channel, neglects to take proper precautions for the
prevention of waste of the water thereof, or interferes with the authorised
distribution of the water therefrom, or uses such water in an
unauthorised manner or prevents or interferes with the lawful use
of such field-channel by any person authorised to use the same or
declared to be joint owner thereof under section 29 ;
shall, when such act does not amount to an offence of committing
mischief within the meaning of the Indian Penal Code, on conviction,
be punished for each such offence with fine which may extend to five
hundred rupees or with imprisonment for a term which may extend to
six months or with both, and in the case of a continuing offence with an
additional fine which may extend to fifty rupees for every day during
which such offence continues after conviction for the first such offence.
Whoever without proper authority—
(1) pierces or cuts through or attempts to pierce or cut through, or
otherwise to damage, destroy or endanger the stability of any canal ;
(2) opens, shuts or obstructs or attempts to open, shut or obstruct
any sluice in any canal ;
(3) makes any dam or obstruction for the purpose of diverting or
opposing the current of a river or canal on the bank whereof there is
a flood-embankment or refuses or neglects to remove any such dam
or obstruction when lawfully required so to do ;
shall, when such act shall not amount to an offence of committing
mischief within the meaning of the Indian Penal Code, on conviction,
be punished for each such offence with fine which may extend to one
thousand rupees, or with imprisonment for a term which may extend to
one year or with both, and in the case of a continuing offence, with an
additional fine which may extend to fifty rupees for every day during
which such offence continues after conviction for the first such offence.
Whenever any person is convicted under either of the last two
preceding sections, the convicting Magistrate may order that he shall
remove the obstruction or repair the damage in respect of which the
conviction is held within a period to be fixed in such order. If such
person neglects or refuses to obey such order within the period so fixed,
any Canal Officer duly empowered in this behalf may remove such
obstruction, or repair such damage, and the cost of such removal or
repair as certified by the said officer, shall be leviable from such person
by the Collector as an arrear of land revenue.
Penalty for
endangering
stability of
canal, etc.
Obstruction to be
removed
and
damage
repaired.
34 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
XLV
of
1860.
XLV
of
1860.
•ú
Any person in charge of, or employed upon any canal, may
remove from the lands or buildings belonging thereto, or may take into
custody without a warrant, and take forthwith before a Magistrate or to
the nearest police station, to be dealt with according to law, any person
who within his view—
(1) wilfully damages, obstructs or fouls any canal ; or
(2) without proper authority interferes with the supply or flow of
water, in or from any canal, or in any river or stream so as to endanger, damage, make dangerous or render less useful any canal.
(1) Notwithstanding anything contained in the foregoing provision of this Part, where a Canal Officer duly empowered in this behalf is
of opinion that water in any canal is being used unauthorisedly, the
Canal Officer may, with a view to preventing such use, direct any
person to desist immediatly on the issue of such direction from using
water on such canal unauthorisedly. 1
[On his failure to comply with
the direction, notwithstanding anything contained in this Act or in any
law for the time being in force or in any agreement for the supply of
water or electricity, it shall be lawful for the Canal Officer, with the
assistance of the police and the licensee or other authority supplying
electricity, by order to direct the seizure and removal of the machine,
contrivance, equipment or any other appratus whatsoever, with which
water was or is being lifted or used unauthorisedly from such canal or
the discontinuance or reduction of the supply of electricity to the
consumer by the licensee or other authority 2
[for such period as may be
specified in the order and such period shall not be beyond the 30th day of
June next following the order. Any machine, contrivance, equipment
or apparatus so seized shall be kept in safe custody, till the period specified by the Canal Officer in his order.] It shall be obligatory on the
licensee or other authority to comply forthwith with any direction
issued by the Canal Officer under this sub-section.]
The machine, contrivance, equipment or appratus removed as aforesaid shall be restored to the person from whose custody it was removed
after the expiry of the period specified in the order :
Provided that if the Canal Officer is of opinion that water in any canal
is being persistently used by any person unauthorisedly, the Canal
Officer may, after giving such person a reasonable opportunity of being
heard, direct that the machine, contrivance, equipment or apparatus
removed as aforesaid be forfeited to the Appropriate Authority.
(2) Any person aggrieved by the order of the Canal Officer under
sub-section (1) may, within 15 days of the date of receipt of such order by
him, appeal to the Appropriate Authority, and that Authority may, with
the least possible delay, pass such order as it may deem fit in the circumstances of the case. The decision of the Appropriate Authority in appeal
and subject thereto, the decision of the Canal Officer shall be final.
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, all offences punishable under sections 93 and 94 shall
be cognizable and bailable.
Whoever abets any offence punishable under this Act, or attempts
to commit any such offence shall be punished with the punishment
provided in this Act for such offence.
2 of
1974.
Persons
employed
on canal
may take
offenders
into
custody.
Procedure
in respect
of
machine,
apparatus
with
which
canal
water is
used unauthorisedly.
Cognizance of
certain
offences.
Abetment.
1 This portion was substituted for the original by Mah. 31 of 1984, s. 3.
2 This portion was substituted by Mah. 24 of 1989, s. 2.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 35
If a person notices an unauthorised use of canal water for which
punishment has been provided in this Act and the rules made thereunder and if he informs a Canal Officer in writing of such use and if this
information leads to the detection of the offence and of the person responsible for the offence, the Appropriate Authority may grant him such
reward as it may deem fit.
Whenever any person is fined for an offence under this Act,
the court which imposes such fine, or which confirms in appeal or
revision a sentence of such fine, or a sentence of which such fine forms
part, may direct that the whole or any part of such fine may be paid by
way of compensation to any person injured by such offence.
(1) The Appropriate Authority may either before or after the
institution of proceedings for any offence punishable under this Act, or
the rules made thereunder, accept from any person charged with such
offence by way of composition thereof a sum of money not exceeding two
hundred and fifty rupees within such time as Appropriate Authority may
determine.
(2) On payment by such person of such sum, such person, if in
custody, shall be set at liberty and, if any proceedings in any criminal
court have been instituted against such person in respect of the
offence, the composition shall be deemed to amount to an acquittal and
no further criminal proceedings shall be taken against such person in
respect of such offence.
PART XI
APPEAL AND REVISION
(1) Every order passed by a Canal Officer under sections 20,
25, 31, 33, 51, 52, 53, 55 and 56 and every order made by an authorised
Canal Officer in relation to the provisions of section 34 or section 40
shall be appealable to the Canal Officer who is next higher in rank. If
the order is passed by a Canal Officer who is a Chief Engineer, then the
order shall be appealable to the Appropriate Authority.
(2) Every order passed under any provision of this Act for which no
specific provision has been made shall be appealable to such officer as
may be prescribed.
(3) Every appeal shall be presented within thirty days of the date of
receipt of the order by the appellant.
(4) The Appropriate Authority may call for and examine the record of
any decision, order, or proceedings of any Canal Officer under this Act
for the purpose of satisfying itself as to the legality or propriety of any
decision or order passed and as to the regularity of the proceedings of
such Canal Officer. If in any case it appears to the Appropriate Authority that any decision, order or proceedings so called for should be modified, annuled, or reversed, it may pass such order thereon as it deems fit:
Provided that the Appropriate Authority shall not modify, annul or
reverse any decision or order without giving to the persons affected
thereby a reasonable opportunity of being heard.
reward to
informants.
Compensation to
private
persons
injured.
Compounding
of
offences.
Appeal and
revision.
36 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
PART XII
MISCELLANEOUS
No suit shall lie in any civil court contesting the validity of
Canal Officer’s order, under section 32, 70 or 71; and no claim whatsoever made against the Appropriate Authority for approving or sanctioning any such order shall entertained by any civil court.
(1) On the publication of a notification in the Official Gazette
under section 3 of this Act or from the date of modification of that notification under that section, any person desiring to construct a well in his
land in the irrigable command of the canal referred to in such notification, shall inform the Canal Officer of his intention to do so.
(2) If such person constructs any well without informing the Canal
Officer, then the Canal Officer may impose on him a fine of a sum not
exceeding one hundred rupees.
All rights to cut grass, to graze cattle, to cultivate land or to do
other acts on land in the bed of or on the bank of any canal and to fish or
ply a vessel in a reservoir or tank on, across or along a canal or channel
maintained or controlled by the Appropriate Authority shall vest in the
Appropriate Authority and the Appropriate Authority may dispose of any
such rights in such manner as may be prescribed.
No person shall conduct mining or quarrying operations
requiring the use of explosive within a distance of 200 metres from the
boundaries of a canal, without the written permission of the Canal
Officer duly empowered in this behalf.
When a person damaging, altering, enlarging or obstructing any
canal or causing damage or obstruction to, or alteration or enlargment of
such canal without proper authority cannot, after such enquiry as the
Canal Officer may deem fit, be identified, the Canal Officer, after giving
not less than one month’s notice in writing to the holders and occupiers
of all lands benefited thereby and after hearing their representations, if
any, recover from them in such proportion as he thinks fit the cost of
repair of such damage or removal of such alteration or obstruction or of
enlargement of such canal, as the case may be.
Any Canal Officer empowered under this Act to conduct any
inquiry may exercise all such powers connected with summoning and
examining of witnesses and the production of documents as are
conferred on civil courts by the Code of Civil Procedure, 1908; and every
such inquiry shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code.
suits
barred in
certain
cases.
Excavation
of wells in
lands
under
irrigable
command of
canal to be
intimated.
Rights in
tank bed
lands, fishing and
plying of
vessels in
tanks etc.,
controlled
or maintained by
Appropriate
Authority
to vest in
Appropriate
Authority.
Recovery
of cost of
repairing
damage
when
offender is
unascertainable.
Prohibition
of mining,
or quarrying
operations.
Power to
summon
and
examine
V of witnesses.
1908.
XLV
of
1860.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 37
The Appropriate Authority, and subject to the previous approval
of the Appropriate Authority, any Canal Officer may, by notification in
the Official Gazette, direct that all or any of the powers conferred or
duties imposed on it or him by or under this Act may, subject to such
restrictions and conditions, if any, be exercised also by such officer not
below such rank, as may be specified in the notification.
Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed by the officer therein mentioned.
Whenever it may be practicable, the service of the notice shall be made
on the person therein named. When such person cannot be found, service may be made on any adult male member of his family residing with
him, if no such adult male member can be found, the notice may be
served by fixing the copy on the outer door of the house in which the
person therein named ordinarily dwells or carries on business; and, if
such person has no ordinary place of residence within the district, service
of any notice may be made by sending a copy of such notice by post in a
registered cover addressed to such person at his usual place of residence.
(1) The State government may, by an order in writing, give to
the Company or any Zilla Parishad such instructions or directions for
the maintenance or administration of the canals constructed,
controlled or managed by it in such manner and within such period as
may be specified in the order; and it shall be duty of the Company or the
Zilla Parishad to give effect to such instructions or directions.
(2) If the Company or a Zilla Parishad fails to give effect to such
instructions or directions within the period specified in the order, the
State Government may carry out the repairs or maintain the canal at
its own expense in the manner indicated in the order made under
sub-section (1); and the expenses of such repairs or maintenance of the
canal shall forthwith be paid by the Company or the Zilla Parishad to the
State Government.
(3) If the expenses of such repairs or maintenance are not so paid,
the Canal Officer duly empowered in this behalf may direct the officerin-charge of the treasury or bank in which the Company has its account
or in which the district fund of the Zilla Parishad is kept, to pay the
expenses of repairs or maintenance or as much portion thereof as is
possible, from the balance of such account, or such fund, as the case may be.
No suit, prosecution, or other legal proceedings shall be
maintained against any public servant or persons appointed under this
Act in respect of anything in good faith done or purporting to be done
under the provision thereof or the rules made thereunder.
(1) The State Government may, by notification in the Official
Gazette and subject to the condition of previous publication, make rules
for the purpose of carrying into effect the provisions of this Act.
Delegation
of powers
and duties.
Service of
notices.
Power of
State
Government
to give
directions to
Company
and Zilla
Parishads
regarding
maintenance of
their
canals.
Public
servant and
some other
persons
protected
from legal
proceedings.
Rules.
38 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
(2) In particular and without prejudice to the generality of the
provisions of sub-section (1), such rules may provide for all or any of the
following matters, namely :—
(i) under clause (24) of section 2, the manner in which payment
shall be made for supply or facility of water from a canal;
(ii) under clause (a) of section 4, declaring the meaning of ‘wet’ in
relation to lands;
(iii) under section 10, specifying the class of Canal Officers by whom
the duties shall be performed or power exercised;
(iv) (a) under clause (ix) of section (2) of section 34, prescribing the
other particulars which the draft scheme for compulsory constructions of field channels shall contain;
(b) under sub-sections (3) and (4) of section 34, prescribing the
manner of publishing the draft scheme and the final scheme;
(v) under section 35, prescribing the manner of construction of field
channels under the final scheme ;
(vi) under sub-section (2) of section 37, prescribing the form of, and
the manner in which, the notice to holders and occupires of land to
construct field channels shall be given;
(vii) under clause (a) of sub-section (1) of section 39, prescribing
the form of certificate of completion of field-channel to be issued by
an authorised Canal Officer;
(viii) under sub-section (3) of section 44, all matters connected with
the enforcement of the provisions of the Land Acquisition Act, 1894
in so far as they are applicable to the acquisition of land or extinguishment of the right or interest;
(ix) under sub-section (3) of section 47, determining the crops, and
the period or periods during which such crops may be sown, planted
and grown and for regulating supply of water for the purpose and for
matters referred to in that sub-section;
(x) under section 52, fixing charges for unauthorised use of water;
(xi) under sub-section (1) of section 53, fixing charges in respect of
water suffered to run to waste;
(xii) under sub-section (1) of section 57, regulating the supply of
water from any canal and also prescribing dates before which applications for supply of water shall be made and for sanctioning supply;
(xiii) under sub-section (1) of section 58, prescribing the form of
application for supply of water from a canal; and under sub-section (5),
the manner in which the application for supply of water shall be dealt
with;
(xiv) under section 68, providing for remission of rates charged for
supply of water under an irrigation agreement, where there has been
a failure of crops or failure to deliver water owing to a defect in the
head works or distribution system of a canal; and for deduction from
rates under clause (e) of that section;
I of
1894.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 39
(xv) under section 71, providing for distribution and payment of compensation for damages in respect of any land under any irrigation
agreement when such agreement is cancelled;
(xvi) under section (3) (g) of section 74, prescribing the manner in
which the accounts of the amounts paid to the Water Committee shall
be maintained by it;
(xvii) under sub-section (1) of section 88, rules for determining the
amount of extra charge;
(xviii) under section 91, the guidelines subject to which the
Collector shall prepare, add to or alter a list of persons liable to be
required to assist on works or repairs urgently required;
(xix) under section 93, regulating the animals or vehicles to pass
in or across any of the works, banks or channels of a canal and also
for directing that a penalty may be incurred for breach of any rule;
(xx) under sub-section (2) of section 103, prescribing the officers to
whom appeals against orders passed under any provisions of the Act
shall be made in cases where there is no specific provision;
(xxi) under section 105, prescribing the manner in which a person
desiring to construct a well in his land under the irrigable command
of a canal is required to inform the Canal Officer;
(xxii) under section 106, prescribing the manner in which the
Appropriate Authority may dispose of the rights in tank, bed-lands,
fishing and plying of vessels in tanks, etc.;
(xxiii) under section 120, the guide lines subject to which the
Canal Officer may commute any right contained in the record of rights
which in his opinion cannot be continued having regard to the
maintenance or management of any Second Class Irrigation Works;
(xxiv) under sub-section (1) of section 129, prescribing the guidelines for construction of a Water Committee for each village in which
a Second Class Irrigation Work is situated;
(xxv) for any other matter for which rules are required to be made
under this Act, or generally for carrying out the purposes thereof.
(3) Every rule made under this Act shall be laid as soon as may be,
after it is made, before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one
session or in two succeessive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, and notify such decision in the
Official Gazette, the rule shall from the date of publication of such notification have effect only in scuh modified form or be of no effect, as the
case may be; so however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done or
omitted to be done under that rule.
40 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
Nothing in this Act shall be deemed to apply to any canal, channel, reservoir, lake or other collection of water belonging to, or vesting,
or under the control of any local authority other than Zilla Parishad.
(1) Notwithstanding anything contained in this Act, where a lift
irrigation work has been constructed, maintained or controlled by a society
before the commencement of the Act or any society desires after such
commencement to construct, maintain or control any such work, and the
society desires that certain provisions of this Act and rules made thereunder should apply to such work or all the lands within the irrigable command of the work or the lands adjoining thereto, the society shall make
an application to the Canal Officer duly empowered by the Government in
this behalf stating therein the location of the work, the area within the
irrigable command of the work and the provisions of the Act and the rules
made thereunder which should apply to such work or the lands aforesaid
and such other particulars as the Canal Officer may require.
(2) On receipt of the application under sub-section (1), the Canal
Officer shall verify the contents of the application and shall forward the
application to the State Government with his own remarks thereon. In
forwarding the remarks, the Canal Officer shall in particular examine
the provisions of the Act and the rules which the society desires should
be made applicable to the lift irrigation work and the aforesaid lands and
offer his remarks on the extent of protection the society is likely to
receive in relation to such work or lands whether or not it is necessary
to extend any other provisions of the Act or rules or whether or not provisions of the Act or rules specified by him should not be applied to such
work and lands and the consequences flowing from the application of
such provisions to the lift irrigation work and lands.
(3) The State Government on receipt of the application and remarks
of the Canal Officer may, by a notification in the Official Gazette, direct
that such provisions of the Act and the rules thereunder, if any, shall
apply to such irrigation work and lands subject to such conditions, if
any, as may be specified in the notification; and thereupon, the provisions of the Act and the rules, if any, specified in the notification shall
take effect in relation to such lift irrigation work and lands as they take
effect in relation to a canal of an Appropriate Authority :
Provided that no notification, which does not provide for complying
with the request of the society contained in the application made under
sub-section (1), shall be made unless the persons affected and the
society have been given reasonable opportunity to be heard.
Explanation.—In this section “society” means a lift irrigation
society registered or deemed to be registered under the Maharashtra
Co-operative Societies Act, 1960.
Savings of
certain
water
works.
Applications of
certain
provisions
of Act to
lift
Irrigation
Works of
Cooperative
Societies.
Mah.
XXIV
of
1961.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 41
42 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
PART XIII
SECOND CLASS IRRIGATION WORKS
This Part shall apply to the Second Class Irrigation Works only,
existing immediately before the commencement of this Act.
Application
of this Part
to Second
Class
Irrigation
Works.
(1) A Second Class Irrigation Work shall be deemed to be a
canal within the meaning of clause (2) of section 2 and to such work,
the following sections and Parts only shall, so far as may be, apply,
namely:—
Section 2, Part II, sections 11, 14, 15, 17 to 21, and 23 to 30 (both
inclusive), Part V, sections 49, 51, Part VII and Parts X to XII (both
inclusive).
(2) The aforesaid sections and Parts shall, for the purposes of this
Part, be subject to the following modifications, namely :—
(i) in section 23, for the words “Field-channels” the words “Subject
to any rights recorded in the record-of-rights already prepared before
the commencement of this Act or revised as hereinafter provided,
field channels” shall be substituted ;
(ii) in section 24, for the words “Any person” the words “Subject as
aforesaid, any person” shall be substituted ;
(iii) in section 27, in sub-section (2) for the portion beginning with
the words “by such field channel” and ending with the words “as the
case may be” the following shall be substituted, namely :—
“on such terms as may be recorded in the record-of-rights prepared or revised as hereinafter provided”;
(iv) to section 28, the following proviso shall be added, namely :—
“Provided that no such private arrangement shall affect any
rights to water recorded in the record-of-rights already prepared or
revised as hereinafter provided.”;
(v) in section 51, in sub-section (1), for the words “Every agreement
for” the words “All rights to” shall be substituted, and after the words
“other immoveable property” the words “which have been recorded in
the record-of-rights already prepared or revised as hereinafter
provided” shall be inserted. Sub-section (2) and (3) of the same section shall be omitted.
(vi) in section 75, in sub-section (1), in the proviso, clause (c) and
sub-section (2) shall be omitted ;
(vii) in section 77, in sub-section (1), the words and figures
“section 12, section 13,” shall be omitted ;
(viii) in section 93, in clause (1), sub-clause (h) shall be omitted ;
(ix) in section 103, after the figures “56” the words and figures “and
every order passed under Part XIII” shall be inserted.
Application
of certain
sections
and Parts
of this Act
to Second
Class
Irrigation
Works.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 43
(1) The Irrigation Record-of-Rights prepared in respect of any
Second Class Irrigation Work and in force immediately before the
commencement of this Act in any part of the State shall be deemed to be
Irrigation Record-of-Rights for such Second Class Irrigation Work and
such Irrigation Record-of-Rights may, from time to time, be revised by a
Canal Officer duly empowered in this behalf who shall be a Revenue
Officer not below the rank of Tahasildar.
(2) For settling the claims of any persons during the course of such
revision, the Canal Officer may ascertain the nature of the right from
the records of Government and the evidence of any person likely to be
acquainted with the same and any other documentary or oral evidence
which the parties concerned or their witnesses may produce.
(3) For the purposes of revision under sub-section (1), the Canal
Officer may enter by himself or through any officer authorised by him
for the purpose upon any land adjacent to any work and may survey,
demarcate and make a map of the same.
Where a Canal Officer duly empowered in this behalf finds that,
having due regard to the maintenance or management of any Second
Class Irrigation Work, any right contained in the Irrigation Record-ofRights cannot continue to be exercised to the extent recorded therein,
he shall (subject to such rules as the State Government may from time
to time prescribe in this behalf) commute such right wholly or in part
either by payment to the holder of such right of a sum of money in lieu
thereof, or by the grant of land, or in such other manner as he may
think fit; and he shall revise the Irrigation Record-of-Rights accordingly.
In the event of the State Government undertaking at their
own cost any work whereby the supply of water in any Second Class
Irrigation Work is increased beyond the amount of such supply at the
time the Irrrigation Record-of-Rights was prepared or revised, the State
Government may, without prejudice to any rights so recorded, direct
that the right to such surplus water shall vest in the State Government,
and shall be applied as the State Government may deem fit; and Irrigation Record-of-Rights shall be revised in accordance with such direction.
When any Irrigation Record-of-Rights has been revised under
this Part, it shall be published in the language of the residents of the
area at the office of the Tahsildar of the taluka in which the work is
situated and in every town and village which, in the opinion of the
Collector, is affected by such Irrigation Record-of-Rights.
An entry made in Irrigation Record-of-Rights shall be relevant
as evidence in any dispute as to the matters recorded, and shall be
presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor:
Provided that no such entry shall be so construed as to limit any of
the powers conferred on the State Government by this Part.
Revision of
Irrigation
Record-ofRights.
Commutation of
rights.
Power of
State
Government
where
works are
under
taken
increasing
supply.
Publication
of Irrigation
Record-ofRights.
Entries in
Irrigation
Record-ofRights to be
relevant as
evidence.
44 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
(1) No suit or proceedings shall lie against the State Government in respect of anything done by the Collector, Canal Officer or any
other person acting under the orders of the State Government in the
exercise of any power by this Part conferred on such Collector, Canal
Officer or other person or on the State Government.
(2) Any suit or proceeding in which an entry made in any Irrigation
Record-of-Rights maintained under this Part is directly or indirectly called
in quiesion shall be dismissed (although limitation has not been set up
as a defence) if it has not been instituted within one year from the date
of the commencement of this Act or from the date of publication of the
revised record under section 122, and if one or more appeals have been
made against any order of a Canal Officer with reference to any entry in
such Irrigation Record-of-Rights, then from the date of any order passed
by the final appellate authority, as determined according to this Part.
In every Second Class Irrigation Work, the following repairs
shall be performed by the persons on whom the obligation to perform
them is imposed by the next following section, that is to say—
(1) The filling up of fullies, ruts and holes especially at the back of
revetments, and all petty repairs of a like nature essential for the
safety of bunds, of tanks, channel-banks or other portions of the said
Second Class Irrigation Work.
(2) The prevention of the growth on such work of prickly pear, young
trees and other vegetation endangering the safety or concealing the
condition of such work.
(3) The preservation of such bushes and grasses as have been
planted for the protection of the interior water slopes of such work.
(4) The clearance of silt from sluices, canals, masonry or concrete
works, supply and distributing channels.
(5) The clearance of waste weirs and waste-channels.
The obligation to perform the repairs provided by the last
proceeding section shall with reference to any land irrigated from such
work, be deemed to be imposed jointly and severally, in the case of
unalienated land, on the occupants of the land, and, in the case of all
other lands, on the holders of the land.
If any person, on whom any obligation is imposed with reference to any Second Class Irrigation Work by any of the provisions of this
Part, fails to fulfil the obligation so imposed, or if any person infringes
any right recorded in the Irrigation Record-of-Rights, the Canal Officer
duly empowered in this behalf may require him by notice to fulfil such
obligation or to desist from infringing such right within a period to be
specified in the notice of not less than fifteen days, and in the event of
failure may take such steps as may be necessary for the discharge of
the said obligation, or the enforcement of the said right, and the amount
of any expense so incurred shall be a sum due to the State Government
and recoverable as an arrear of land revenue.
Notice of
suit to be
given to
Collector.
Obligation
to carry out
petty
repairs.
Incidence
of obligations to
carry out
petty
repairs.
Power to
enforce
rights and
obligations.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 45
It shall be the duty of the Talathi of any village or any officer
appointed for the purpose within the limits of which any Second Class
Irrigation Work or portion of such work is situated, to report to the
Tahsildar without delay any failure or neglect to carry out any of the
repairs specified in section 125.
(1) In accordance with the rules made under this Act, there
shall be constituted a Water Committee for each village in which a
Second Class Irrigation Work is situated for the purpose of regulating
distribution of water from such work.
(2) Such Committee shall consist of five members of whom, one shall
be the Talathi and the remaining four members shall be nominated by
the Canal Officer not below the rank of a Superintending Engineer, from
the irrigators who have got right to take water as provided in the Irrigation Record-of-Rights. The members of the Committee shall hold office
for a period of two years from the date of their nomination, made by an
order duly made in that behalf. It shall be lawful for the State Government, or as the case may be, the Zilla Parishad, to terminate the
appointment of all or any of the members of the committee at any time
by an order in writing without assigning any reasons.
(3) The Water Committee may meet from time to time, and may
follow such procedure as it deems fit for the transaction of its business.
(4) The Water Committee shall—
(a) assist the Canal Officer in detecting and preventing encroachment on the lands appertaining to any such work, prevent damage to
such work and report to the Canal Officer any wilful damage caused
thereto ;
(b) be responsible for the distribution of water according to regulations made in that behalf with the previous approval of the State
Government or any officer authorised in that behalf ;
(c) decide the crops to be grown in phase and other system ;
(d) ensure that the persons responsible to carry out the repairs
referred to in section 125, are responsible for the proper up-keep of
the said work ;
(e) report to the Canal Officer duly empowered in that behalf the
names of persons who neglect or avoid to carry out the repairs
referred to in section 125; or who use water from any canal whether
or not situated in the village unauthorisedly ;
(f) have the power to levy fine for unauthorised use of water, or for
any out of turn or irregular methods adopted for irrigation.
(5) The penalty may consist of a fine not exceeding two hundred
rupees.
(6) The amount of fine if not paid shall be recoverable as an arrear of
land revenue and the amount of fine paid shall be credited to the
Consolidated Fund of the State.
(7) Any person who is aggrieved by any decision of the Committee
may, within 30 days from the date of receipt of such decision, file an
appeal before the Canal Officer not below the rank of Superintending
Engineer, and the decision of the Committee, subject to the appeal to
the Canal Officer, shall be final and conclusive.
Duty of
Talathi to
report
failure to
effect
repairs.
Constitution of
Water
Committee
for each
village and
its power.
46 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII
The State Government may, subject to the condition of
previous publication, by notification in the Official Gazette, direct that
any existing Second Class Irrigation Work shall cease to be so, and thereupon, the provisions of this Part shall cease to apply in relation thereto,
except as respects any thing done or omitted to be done under this Part.
PART XIV
REPEAL AND SAVING
On the commencement of this Act, the following Acts, that is
to say—
(i) the Bombay Irrigation Act, 1879,
(ii) the central Provinces Irrigation Act, 1931,
(iii) the Central Provinces and Berar Regulation of Waters Act, 1949,
(iv) the Hyderabad Irrigation Act, 1357-F, and
(v) the Hyderabad Irrigation (Betterment Contribution and Inclusion
Fees) Act, 1952,
are hereby repealed :
Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly
done or suffered thereunder, or
(b) any right, privilege, obligation, or liability acquired, accrued or
incurred under any law so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against any law so repealed, or
(d) any investigation, proceeding, legal proceeding or remedy in
respect of any right, privilege, obligation, liability, penalty, forfeiture
or punishment as aforesaid,
Power of
State
Government to
denotify
any
existing
Second
Class
Irrigation
Work.
Bom.
VII of
1879.
C. P.
and
Berar
XXXVII
of
1949.
Hyd.
V of
1952.
C. P.
III of
1931.
XXIV
of
1357-
F.
Repeal and
saving.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 47
and any such investigation, proceeding, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty, forfeiture or
punishment may be imposed as if this Act had not been passed :
Provided further that, subject to the preceding proviso, anything done
or any action taken (including any charges created, appointments, rules,
notifications, orders, summons, notices, warrants and proclamations
made or issued, authorities and powers confered or vested, record-ofrights prepared or revised, canals or any water works or water courses
or field-channels constructed, any supply of water made, water rates
charged, agreements or contracts made, any taxes or fees levied, any
compensation awarded, any labour obtained or supplied for emergency
works of canals, any rights acquired or liabilities incurred, any suits
instituted or proceeding taken or appeal made, and any Second Class
Irrigation Works declared as such under any law so repealed) shall, in
so far as such thing done or action taken is not inconsistent with the
provision of this Act, be deemed to have been been done or taken under
the corresponding provisions of this Act ; and shall continue to be in
force accordingly unless and until superseded by anything done or any
action taken under this Act.
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The Maharashtra Irrigation Act, 1976

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