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)

*

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1976 : Mah. XXXVIII]

 (i)

THE  MAHARASHTRA  IRRIGATION  ACT, 1976
—————
CONTENTS

PREAMBLE.
SECTIONS.

PART  I
PRELIMINARY

1. Short  title,  extent  and  commencement.
2. Definitions.
3.
4. Wet land.

Lands under irrigable command of canal.

5. Division  of  State  into  irrigation  areas.

Irrigation  areas

PART  II
CANAL OFFICERS, THEIR CHARGES AND POWERS

6. Canal  Officers.
7. Chief  controlling  authority  in  irrigation  matters.
8. Appointment of Canal Officers.
9. Subordination of Canal Officers.

10.

Power to allot duties among Canal Officers.

PART  III
CONSTRUCTION AND MAINTENANCE OF CANALS
Application of water for purposes of canal
11. 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.

12.
13. Entry for enquiry.
14.
15.
16.
17. Notice to occupier of building, etc.

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.

Canal crossings
18. Means  of  crossing  canals  to  be  provided  and  obstruction  to

drainage to be avoided.

Removal of obstructions to drainage
19. Appropriate Auhtority may prohibit formation  of  obstructions of

rivers,  etc.  within  certain  limits.

20. Canal Officer may issue order to any person causing obstruction.
21. Canal Officer may cause obstruction to be removed.

Construction of drainage works
22. When drainage works are necessary Appropriate Authority may

order scheme to be carried out.

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Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

SECTIONS

PART  IV
FIELD-CHANNELS
Construction of field-channels

23. Construction of field-channels
24. Application to Canal Officer for construction of new field-channels.
25.
26.

Procedure for constructing field-channels.
Procedure after construction of field-channels.

Rights and obligations of owners of field-channels

27. Obligation of owner of field-channel.
28. Arrangement with owner by other person.
29. Canal  Officer  after  enquiry  may  authorise  supply or declare

30.

31.

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.

32. Cancellation  of  sanction  to supply of water for failure to main-

tain  field  channels.
Person using field-channel to pay share of expenses or repair.

33.

Provisions of section 13 to apply.

Schemes for compulsory construction of field-channels.
Schemes for compulsory construction of field-channels.

34.
35. Obligation on holders to construct field-channels under final scheme.
36.
37. Notice to holders and occupiers of land to construct field-channels.
38.
39. Consequences of completion of construction of field-channels.
40. Mode of payment of cost of construction of field channels, etc.
41.

Power to authorise Canal Officer to construct field-channels.

Power of Appropriate Authority to direct preparation of scheme
in public interest.

Settlement of disputes concerning field-channels

42.

43.

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

44. Acquisition of land for canals and field-channels.

PART  VI
SUPPLY OF WATER
CHAPTER I
GENERAL PROVISIONS FOR SUPPLY OF WATER
45. Application of this Chapter for supply of water under Chapters II to V.
46. Modes of supply of canal water, power to charge minimum rate.
Power of Appropriate Authority  to  regulate  sowing, planting or
47.
growing of crops during specified period on lands under irrigable
command of canal.
Power to fix celling on area of crops.

48.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

(iii)

SECTIONS

Provisions as to supply

Power to stop water.

49.
50. Duration of supply.
51. Agreement  for  supply  of  water  transferable  with  property in

respect of which supply is given, etc.
Occasional rates

52.

Liability  when  person   using   water   unathorisedly  cannot   be
identified.
Liability when water runs to waste.

53.
54. Charges recoverable in addition to penalties.

Percolation and leakage rates

55.
56.

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

57. Regulation of supply of water.
58. Application for supply of water.

Supply rates

59. Determination of rates for supply of canal water.

CHAPTER  III
SUPPLY OF WATER ON VOLUMETRIC BASIS
60. Supply  of  water  on  volumetric  basis  and  formation of Water

Committee.

CHAPTER  IV
SUPPLY OF WATER UNDER IRRIGATION AGREEMENTS
Power  to  make  irrigation  agreements.

61.
62. Scope  of  irrigation  agreement.
63. When agreement can be made.
64. 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.

65.
66.
67. Charges for supply of water.
68.
69. Cancellation of agreement by mutual consent.
70. Cancellation of agreement for failure to maintain field-channels.
71. General power to cancel agreement.

Liability  due  to  irrigation  agreement.

CHAPTER  V
SUPPLY OF WATER UNDER SCHEME

72. Supply of water under scheme.
73. Effect of scheme; power to vary scheme.
74. Appointment of Water Committee to execute scheme and its powers.

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Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

SECTIONS

PART  VII
AWARD OF COMPENSATION
Compensation when claimable
75. Compensation in cases of ascertainable substantial damage.
76.

Limitation  of  claims.

Summary  decisions

77. Compensation for damage caused by entry on land, etc.
78. Compensation on account of interruption of water supply.
79. Decision as to amount of compensation under either of last two

sections to be conclusive.

Formal adjudications

80. Notice as to claims for compensation in certain cases.
81. Claims to be prepared to Collector.
82. Collector to be guided by provisions of  Land Acquisition Act, 1894.
83. Diminution in market value to be considered in fixing compensation.
84. Compensation when due.

Abatement of land revenue and rent
85. Abatement of revenue demand on interruption of water supply.
86. 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.

87.

PART  VIII
RECOVERY OF WATER RATE

Payment and recovery of water rate.

88.
89. 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.

90.
91.
92. Reports to be made by Canal Officer.

PART  X
PENALTIES
Penalty for damaging canal, etc.
Penalty for endangering stability of canal, etc.

93.
94.
95. Obstruction to be removed and damage repaired.
96.
97.

Persons employed on canal may take offenders into custody.
Procedure in  respect of  machine,  apparatus with which canal
water is used unauthorisedly.

98. Cognizance  of  certain  offences.
99. Abatment.

100. Reward to informants.
101. Compensation to private persons injured.
102. Compounding of offences.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

(v)

SECTIONS

103. Appeal and revision.

PART  XI
APPEAL AND REVISION

PART  XII
MISCELLANEOUS

104. Suits barred in certain cases.
105. Excavation of wells in lands under irrigable command of canal to

be  intimated.

106. 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.

107.
108. Recovery of cost  repairing  damage  when  offender is unascer-

tainable.
Power to summon and examine witnesses.

109.
110. Delegation of powers and duties.
111. Service  of  notices.
112.

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.

113.

114. Rules.
115. Saving of certain water works.
116. Application of certain provisions of Act to Lift Irrigation Works of

Co-operative  Societies.

PART  XIII
SECOND CLASS IRRIGATION WORKS

117. Application of this Part to Second Class Irrigation Works.
118. Application of certain sections and Parts of  this Act  to  Second

Class Irrigation Works.

119. Revision of Irrigation Record-of-Rights.
120. Commutation of rights.
121.

Power of State Government where works are undertaken increas-
ing supply.
Publication of Irrigation Record-of-Rights.

122.
123. Entries in Irrigation Record-of-Rights to be relevant as evidence.
124. Notice of suit to be given to Collector.
125. Obligation to carry out petty repairs.
126.
127.
128. Duty to Talathi to report failure to effect repairs.
129. Constitution of Water committee for each village and its power.
Power of State Government to denotify any existing Second Class
130.
Irrigation  work.

Incidence of obligations to carry out petty repairs.
Power to enforce rights and obligations.

131. Repeal and saving.

PART  XIV
REPEAL AND SAVING

1

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, Part-
IV,   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 irriga-
tion 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.

1.
(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.

2.

In this Act, unless the context otherwise requires,—

Short  title,
extent  and
commance-
ment.

Definitions.

(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, main-
tained,  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 embank-

ments 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 commence-
ment of this Act for the purpose of any existing canal ;

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.

2

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

(e) all land belonging to, or held by, or entrusted to, the Appropri-
ate Authority which is situate on a bank of any canal as hereinbe-
fore 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, inves-
tigating,  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 reclama-
tion 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 under-
taken  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 hold-
ers  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.

Mah.
XXIV
of
1961.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

3

(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  Govern-
ment  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 ;

Bom.
VII  of
1879.

4

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Lands
under
irrigable
command
of  canal.

Mah.
V  of
1962.

Mah.
XLI
of
1966.

(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.

3.

(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 drain-
age channel or ridge.

(5) Any person aggrived by any notification or part thereof under sub-
section (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.

Wet  land.

4. 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

5

Irrigation areas

5. For the purposes of this Act, the Appropriate Authority may divide
the area within its jurisdiction into regions, circles, division, sub-divi-
sions 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

6.

(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 hold-

Divisions
of  State
into
irrigation
areas.

Canal
Officers.

ing 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.
7. 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.

8.

(1) The Appropriate Authority may, by notification in the Official
Gazette, either prospectively or retrospectively, appoint the Chief Engi-
neer  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.

Chief
controlling
authority
in  irriga-
tion
matters.

Appoint-
ment  of
Canal
Officers.

6

Subordina-
tion  of
Canal
Officers.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

9.

(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 Superin-

tending  Engineer.

(4) All Canal Officers in a division shall be subordinate to the Execu-

tive  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 subordi-

nate to the Sectional Officer.

Power  to
allot  duties
among
Canal
Officers.

10.

(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.

Notifica-
tion  when
water-
supply  to
be  applied
for
purposes
of  canal  or
for
regulation,
supply  or
storage  of
water.

11.

(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.

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 (includ-
ing 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 chan-
nel  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.

12. 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 subordi-
nates and other persons including Police Officers as he thinks fit.

13. Whenever  it  shall  be  necessary  to  make  an  enquiry  or  exami-
nation 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 pur-

Powers  of
Canal
Officers
for
purpose  of
so  apply-
ing  water.

Entry  for
enquiry.

pose,

(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 noti-
fication 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  of
1894.

14.

(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.

Power  to
inspect
and
regulate
water
supply.

8

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

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.

Means  of
crossing
canals  to
be  provided
and
obstruction
to  drainage
to be
avoided.

(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.

15.

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 materi-
als, and execute all works which may be necessary for the purpose of
preventing such accident or repairing any damage done.

16. 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.

17. 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

18. 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

Appropriate
Authority
may
prohibit
formation  of
obstructions
of  rivers,
etc.  within
certain
limits.

19. 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  notifica-
tion shall also be published in a newspaper having wide circulation within
such  limits.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

9

Thereupon,  so  much  of  the  said  river,  stream  or  natural  drainage-
channel,  as  is  comprised  within  such  limits,  shall  be  held  to  be  a
drainage work as defined in section 2.

20. 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.

Canal Officer
may  issue
order  to  any
person
causing
obstruction.

21.

(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.

Canal
Officer
may  cause
obstruction
to be
removed.

(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

22. Wherever it appears to the Appropriate Authority that any drain-
age 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 Appro-
priate  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.

When
drainage
works  are
necessary
Appropri-
ate  Author-
ity  may
order
scheme  to
be  carried
out.

PART  IV
FIELD- CHANNELS
Construction of field- channels

23. Field-channels  (except  the  water-course)  shall  be  constructed
by the holders or occupiers of land at their cost but subject to the direc-
tion 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 mainte-
nance 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.

Construc-
tion  of
field-
channels.

10

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Applica-
tion  to
Canal
Officer  for
construc-
tion  of
new  field-
channels.

Procedure
for  con-
structing
field-
channels.

Procedure
after
constructtion
of  field-
channels.

(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.

24. 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.

25.

(1) If the Canal Officer considers the construction of such field-
channel 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  field-
channel  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 notifica-
tion  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  field-
channel. The applicant shall be owner of such field-channel when it is
constructed.

26. 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

11

Obligation
of  owner  of
field-
channel.

Rights and obligations of owners of field-channels

27.

(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 drain-
age 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.

28. Any person desiring to have a supply of water through a field-
channel 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.

Arrange-
ment  with
owner  by
other
person.

29. 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.

Canal
Officer  afer
enquiry
may
authorise
supply  or
declare
applicant
to  be  joint
owner.

30.

(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.

Prohibition
of  land
acquired
for  field-
channel
for  other
purpose;
and
prohibition
against
alteration
of  field-
channel.

12

If  owner
fails  to
execute
work  or  to
repair
field-
channel,
Canal
Officer  may
execute  the
same.

Cancella-
tion  of
sanction  to
supply  of
water  for
failure  to
maintain
field-
channels.

Person
using  field-
channel  to
pay  share
of  ex-
penses  of
repair.

Schemes
for  compul-
sory
construc-
tion  of
field-
channels.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

31.

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.

32.

If a Canal Officer duly empowered in this behalf is satisfied that
the owner of a field-channel has persistently failed to repair the field-
channel 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.

33. 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

34.

(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 rea-
son, 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 prepa-
ration 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 con-
struction 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) ;

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

13

(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 sugges-
tions 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 sugges-
tions 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.

35. 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.

36. Whenever it shall be necessary to make any inquiry or examina-
tion  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.

37.

(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.

38.

If any holder or occupier of land fails to construct the field-chan-
nel 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
field-
channels
under  final
scheme.

Provisions
of  section
13  to  apply.

Notice  to
holders  and
occupires  of
land  to
construct
field-
channels.

Power  to
authorise
Canal
Officer  to
construct
field-
channels.

14

Conse-
quences  of
completion
of  con-
struction  of
field-
channels.

Mode  of
payment  of
cost  of
construc-
tion  of
field
channels,
etc.

Power  of
Appropri-
ate
Authority
to  direct
preparation
of  scheme
in  public
interest.

Settlement
of  disputes
as to
mutual
rights  and
liabilities
of  persons
interested
in  field-
channels.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

39.

(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 trans-
fer the land occupied by the field-channel to all holders or occupiers of
land benefitted by the field-channel ; and thereupon, the land so trans-
ferred 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.

40.

(2) Where any holder or occupier of land has constructed a field-chan-
nel at his own cost or made available any part of his land for its construc-
tion, the authorised Canal Officer shall determine the value of the con-
struction, 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).

41. Notwithstanding anything contained in section 34, the Appropri-
ate 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

42.

(1) Whenever a dispute arises between two or more persons in
regard to their mutual rights or liabilities in respect of the use, construc-
tion or maintenance of a field-channel, or among joint owners of a field-
channel, as to their respective shares of the expense of constructing or
maintaining such field-channel, or as to the amounts severally contrib-
uted 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

15

Provisions
of  this  Part
not  to  apply
to  field-
channels
constructed
under  Bom.
XXVIII  of
1942.

Acquisition
of  land  for
canals  and
field-
channels.

Bom.
XXVIII
of
1942.

I  of
1894.

I  of
1894.

(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.

43. 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

44.

(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 applica-
tion 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, notwith-
standing anything contained in the said Act, be deemed to be a declara-
tion duly made under the said section :

1[Provided that, if the land proposed to be acquired falls within the Sched-
uled 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.
1. These  provisos  were  added  by  Mah.  46  of  1997,  s.  11.

16

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

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 Collec-
tor 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 speci-
fied 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 sud-
den 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 award-
ing 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.

Bom.
III  of
1959.

Mah.
V  of
1962.

I  of
1894.

I  of
1894.

I  of
1894.

PART  VI
SUPPLY OF  WATER
CHAPTER I
GENERAL PROVISIONS FOR SUPPLY OF WATER

45. 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.

Application
of  this
Chapter for
supply  of
water under
Chapters  II
to  V.

17

Modes  of
supply  of
canal
water,
power  to
charge
mimimum
rate.

Power  of
Appropri-
ate
Authority
to  regulate
sowing,
planting
or  growing
of  crops
during
specified
period  on
lands
under
irrigable
command
of  canal.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

46.

(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.

47.

(1) Where the Appropriate Authority is satisfied that, for the bet-
ter 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 provi-
sions 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 sup-
ply 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.

18

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Power  to
fix  ceiling
on  area  of
crops.

Power  to
stop
water.

(4) On the publication of the notice under sub-section (2) of this sec-
tion, 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, speci-
fied 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 Superin-
tending  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.

48. 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
49. 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

50. 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.

51.

(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 cir-
cumstances 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 other-
wise 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 agree-
ment for the supply of canal water to any land, building or other immov-
able 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

52.

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 there-
from,

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.

1 This  sub-section  was  substituted  for  the  original  by  Mah.  3  of  1984,  s.  2.

19

Duration
of  supply.

Agreement
for  supply
of  water
transfer-
able  with
property  in
respect  of
w h i c h
supply  is
given,  etc.

Liability
w h e n
person
using water
unauthori-
sedly cannot
be identfied.

20

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Liability
w h e n
water
runs  to
waste.

Charges
recoverable
in  addition
to  penalties.

Land
deriving
benefit from
percolation
liable  to
water  rate.

Levy  of
water  rate
for  use  of
percolation
water  for
non-
irrigation
purposes.

53.

(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.

54. 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

55.

(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.

56.

(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 resi-
dents of any village.

CHAPTER  II
Supply  of  Water  on  an  Application

Regulation
of  supply
of  water.

57.

(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 sanc-
tioning  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 pay-

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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

21

Applica-
tion  for
supply  of
water.

58.

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 applica-
tion 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 deci-
sion 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 applica-
tion 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

59.

(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.

Determina-
tion  of
rates  for
supply  of
cannal
water.

22

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Supply  of
water  on
volumetric
basis  and
formation
of  water
Committee.

CHAPTER  III
SUPPLY  OF  WATER  ON  VOLUMETRIC BASIS

60.

(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 sanc-
tioned 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  deter-
mined 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

23

CHAPTER  IV
SUPPLY  OF  WATER  UNDER IRRIGATION AGREEMENTS

61. 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.

Power  to
make
irrigation
agree-
ments.

Scope  of
irrigation
agreement.

Such  agreements  are  called  “irrigation  agreement”.
62. 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 Chap-
ter 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 irriga-
tion 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 agree-

Bom.
LXII
of
1947.

ment is binding is called “land under agreement”.

63. Where  either  the  holders  and  occupiers  of  not  less  than  two-
thirds 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.

When
agreement
can  be
made.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

64.

(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 agricul-
tural year next following the date of an irrigation agreement applicable
to such land, the consent of the holder to such agreement shall be bind-
ing on such occupier in respect of such land.

24

Consent  to
agreement
necessary
where
land  is  in
possession
of  occupier
other  than
holder.

(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 valid-
ity of the consent of the holder.

Publication
of  notice
before
agreement
is  made.

65.

(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.

Inclusion
of  land
irrigated  by
lift.

(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 agree-
ment is finally made.

66. 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.

Charges
for  supply
of  water.

67. 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.

68.

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—

Liability
due to
irrigation
agreement.

(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;

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.
69.

(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 cancella-
tion  of  an  irrigation  agreement  as  if  consent  to  the  cancellation  were
consent to the making of such agreement.

70.

(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
If the
as they apply in relation to a field-channel under that section.
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.

71. 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  distribu-
tion and payment of such compensation shall be made according to rules
made under section 114.

Cancella-
tion  of
agreement
by mutual
consent.

Cancella-
tion  of
agreement
for  failure
to  main-
tain  field-
channels.

General
power  to
cancel
agreement.

26

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Supply  of
water
under
scheme.

Effect  of
scheme ;
power  to
vary
scheme.

CHAPTER V
SUPPLY OF WATER UNDER SCHEME

72.

(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 notifica-
tion.

(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 headquar-
ters of the taluka and of the district in which the lands included in the
scheme are situate and shall, on such publication, be final.

73.

(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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

27

Appoint-
ment  of
Water
Commit-
tee  to
execute
scheme
and  its
powers.

74.

(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 Com-
mittee 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 provi-
sions 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 pro-
ceeding 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.

28

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

PART VII
AWARD OF COMPENSATION
Compensation when claimable

Compensa-
tion  in
cases  of
ascertainable
substantial
damage.

75.

(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 pow-
ers, 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.
76. 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

Limitation
of  claims.

Compensa-
tion  for
damage
caused  by
entry  on
land,  etc.

77.

(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.

1976 : Mah. XXXVIII ]

Maharashtra Irrigation Act, 1976

78.

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.

79. The decision of the Collector under either of the last two preced-
ing sections as to the amount of compensation to be awarded shall, sub-
ject 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

29

Compensa-
tion  on
account  of
interrup-
tion  of
water-
supply.

Decision
as to
amount  of
compensa-
tion  under
either  of
last  two
sections  to
be  conclu-
sive.

80. As  soon  as  practicable  after  the  issue  of  a  notification  under
section 11, the Collector shall cause public notice to be given at conve-
nient places, stating that the Appropriate Auhtority intends to apply or
use the water referred to in that section, that the claims for compensa-
tion may be made before him.

Notice  as to
claims  for
compensa-
tion  in
certain
cases.

A copy of sections 75 and 76 shall be annexed to every such notice.

81. 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.

82. The  Collector  shall  inquire  into  every  such  claim  and  deter-
mine 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.

I  of
1894.

83.

(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.

84. 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.

Claims  to
be  pre-
ferred  to
Collector.

Collector  to
be  guided
by  provi-
sions  of
Land
Acquisition
Act,  1894.

Diminution
in  market
value to be
considered
in  fixing
compensa-
tion.

Compensa-
tion  when
due.

30

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Abatment of land revenue and rent

Abatment
of  revenue
demand  on
interrup-
tion  of
water
supply.

85.

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 pay-
able 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.

Abatment
of  inferior
holder’s
rent  on
interrup-
tion  of
water
supply  ;
and
enhance-
ment  of
such  rent
on  restora-
tion  of
supply.

Provisions
of  this  part
not  to apply
to  acquisi-
tion  under
section  44.

Payment
and
recovery  of
water  rate.

86.

(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 pay-
able 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.

87. 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

88.

(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.

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 Govern-
ment  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 field-
channel 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.

Mah.
XLI  of
1966.

89.

(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.

Recovery  of
water  rate
etc.,
payable  to
Company,
Zilla
Parishad,
etc.

(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 pro-
visions 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.

32

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

(3) Subject to the provisions of this Act and to the previous approval of
the State Government, the President of the Tribunal may make regula-
tions for regulating the practice and procedure of the Tribunal, includ-
ing the award of costs by the Tribunal, the levy of any process fee, provi-
sions 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

90.

(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 seri-
ous damage will happen to any canal as to cause sudden and exten-
sive public injury ;

(b) unless some clearance of a canal or other work which is neces-
sary  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.

91. 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.

92. All orders made under section 90 shall forthwith be reported to

the Collector and the Appropriate Authority.

Procedure
for  obtain-
ing  labour
for  works
or  repairs
urgently
required.

List  of
Labourers.

Reports  to
be made by
Canal
Officer.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

33

PART  X

PENALTIES

93.

(1) Whoever voluntarily and without proper authority—

(a) damages, alters, enlarges or obstructs any canal ;

Penalty  for
damaging
canal,  etc.

(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  law-
fully 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 when-

ever 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 ;

34

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

(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-chan-
nel, 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.

XLV
of
1860.

Penalty  for
endanger-
ing
stability  of
canal,  etc.

94. 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.

XLV
of
1860.

Obstruc-
tion  to  be
removed
and
damage
repaired.

95. 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

35

Persons
employed
on  canal
may  take
offenders
into
custody.

Procedure
in  respect
of
machine,
apparatus
w i t h
w h i c h
canal
water  is
used  un-
authorisedly.

96. 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 endan-
ger, damage, make dangerous or render less useful any canal.
97.

(1) Notwithstanding anything contained in the foregoing provi-
sion 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
1[On  his  failure  to  comply  with
water  on  such  canal  unauthorisedly.
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
•ú
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 speci-
fied  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 afore-
said 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 circum-
stances of the case. The decision of the Appropriate Authority in appeal
and subject thereto, the decision of the Canal Officer shall be final.

2  of
1974.

98. Notwithstanding  anything  contained  in  the  Code  of  Criminal
Procedure, 1973, all offences punishable under sections 93 and 94 shall
be cognizable and bailable.

99. 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.
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.

Cogni-
zance  of
certain
offences.

Abetment.

36

reward  to
infor-
mants.

Compen-
sation  to
private
persons
injured.

Com-
pounding
of
offences.

Appeal  and
revision.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

100.

If a person notices an unauthorised use of canal water for which
punishment has been provided in this Act and the rules made thereun-
der 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 re-
sponsible for the offence, the Appropriate Authority may grant him such
reward as it may deem fit.

101. 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.

102.

(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

103.

(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 Author-
ity that any decision, order or proceedings so called for should be modi-
fied, 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

37

PART XII

MISCELLANEOUS
104. 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 whatso-
ever made against the Appropriate Authority for approving or sanction-
ing any such order shall entertained by any civil court.

105.

(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 notifi-
cation under that section, any person desiring to construct a well in his
land in the irrigable command of the canal referred to in such notifica-
tion, 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.

106. 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.

107. 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.

108. 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.

suits
barred  in
certain
cases.

Excavation
of  wells  in
lands
under
irrigable
command  of
canal  to  be
intimated.

Rights  in
tank  bed
lands,  fish-
ing  and
plying  of
vessels  in
tanks  etc.,
controlled
or  main-
tained  by
Appropriate
Authority
to  vest  in
Appropriate
Authority.

Prohibition
of  mining,
or quarry-
ing
operations.

Recovery
of  cost  of
repairing
damage
w h e n
offender  is
unascer-
tainable.

109. 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.

Power  to
summon
and
examine
witnesses.

V  of
1908.
XLV
of
1860.

38

Delegation
of  powers
and  duties.

Service  of
notices.

Power  of
State
Government
to  give
directions  to
Company
and  Zilla
Parishads
regarding
mainte-
nance  of
their
canals.

Public
servant  and
some  other
persons
protected
from  legal
proceed-
ings.

Rules.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

110. 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.

111. Service of any notice under this Act shall be made by deliver-
ing 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, ser-
vice 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.

112.

(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 officer-
in-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.
113. 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.

114.

(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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

39

(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  construc-
tions 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;

I  of
1894.

(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  extin-
guishment 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 applica-
tions 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;

40

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

(xv) under section 71, providing for distribution and payment of com-
pensation  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 guide-
lines 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 notifi-
cation 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.

41

Savings  of
certain
water
works.

Applica-
tions  of
certain
provisions
of  Act  to
lift
Irrigation
Works  of
Co-
operative
Societies.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

115. Nothing in this Act  shall be deemed to apply to any canal, chan-
nel, reservoir, lake or other collection of water belonging to, or vesting,
or under the control of any local authority other than Zilla Parishad.

116.

(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 there-
under should apply to such work or all the lands within the irrigable  com-
mand 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 pro-
visions 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 provi-
sions 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.

Mah.
XXIV
of
1961.

Explanation.—In  this  section  “society”  means  a  lift  irrigation
society  registered  or  deemed  to  be  registered  under  the  Maharashtra
Co-operative Societies Act, 1960.

42

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Application
of  this  Part
to  Second
Class
Irrigation
Works.

Application
of  certain
sections
and  Parts
of  this  Act
to  Second
Class
Irrigation
Works.

PART XIII

SECOND CLASS IRRIGATION WORKS

117. This Part shall apply to the Second Class Irrigation Works only,

existing  immediately  before  the  commencement  of  this  Act.

118.

(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 pre-

pared 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 sec-
tion 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.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

119.

(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.

120. 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-of-
Rights 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.

43

Revision  of
Irrigation
Record-of-
Rights.

Commuta-
tion  of
rights.

121.

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 Irriga-
tion  Record-of-Rights  shall  be  revised  in  accordance  with  such  direc-
tion.

Power  of
State
Govern-
ment
where
works  are
under
taken
increasing
supply.

122. 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.

123. 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 law-
fully 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.

Publication
of  Irrigation
Record-of-
Rights.

Entries  in
Irrigation
Record-of-
Rights  to  be
relevant  as
evidence.

44

Notice  of
suit to be
given  to
Collector.

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

124.

(1) No suit or proceedings shall lie against the State Govern-
ment 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.

Obligation
to carry out
petty
repairs.

125.

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.

126. 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.

127.

If any person, on whom any obligation is imposed with refer-
ence 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.

Incidence
of  obliga-
tions  to
carry  out
petty
repairs.

Power  to
enforce
rights  and
obligations.

45

Duty  of
Talathi  to
report
failure  to
effect
repairs.
Constitu-
tion  of
Water
Committee
for  each
village  and
its  power.

1976 : Mah. XXXVIII]

Maharashtra Irrigation Act, 1976

128.

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.

129.

(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 Irriga-
tion 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
It shall be lawful for the State Govern-
order duly made in that behalf.
ment,  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 encroach-
ment 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 regula-
tions  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.

46

Maharashtra Irrigation Act, 1976

 [ 1976 : Mah. XXXVIII

Power  of
State
Govern-
ment  to
denotify
any
existing
Second
Class
Irrigation
Work.

Repeal  and
saving.

130. 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 there-
upon, 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

131. 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,

Bom.
VII  of
1879.

C.  P.
III  of
1931.

C.  P.
and
Berar
XXXVII
of
1949.

XXIV
of
1357-
F.

Hyd.
V  of
1952.

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-of-
rights 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.

PRINTED AT THE GOVERNMENT PRESS, NAGPUR.

Maharashtra Government Publications
can be obtained from —

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Government  Printing, Stationery and Publications
(Publications Branch), Netaji Subhash Road,
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