The Maharashtra Irrigation Act, 1976

GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT
MAHARASHTRA  ACT  No.  XXXVIII  OF
1976.
THE MAHARASHTRA IRRIGATION  ACT,  1976.
(As modified up to the 24th September 2012)
PRINTED IN INDIA  BY MANAGER, GOVERNMENT   PRESS AND BOOK DEPOT , NAGPUR
AND PUBLISHED BY  THE DIRECT OR, GOVERNMENT  PRINTING , STATIONERY AND
PUBLICATIONS, MAHARASHTRA  STATE, MUMBAI-400 004.
[Price : Rs.         ]
*
THE  MAHARASHTRA  IRRIGATION  ACT, 1976
—————
CONTENTS
PREAMBLE.
SECTIONS.
PART  I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Lands under irrigable command of canal.
4. Wet land.
Irrigation  areas
5. Division of State into 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.
12. Powers of Canal Officers for purpose of so applying water.
13. Entry for enquiry.
14. Power to inspect and regulate water-supply.
15. Power to enter for repairs and to prevent accidents.
16. Power to Canal Officer to operate gates in order to regulate floods.
17. Notice to occupier of building, etc.
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.
1976 : Mah. XXXVIII]  (i)
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. Procedure for constructing field-channels.
26. 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
applicant to be joint owner.
30. Prohibition of land acquired for field-channel for other purpose ;
and prohibition against alteration of field-channel.
31. 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.
33. Person using field-channel to pay share of expenses or repair.
Schemes for compulsory construction of field-channels.
34. Schemes for compulsory construction of field-channels.
35. Obligation on holders to construct field-channels under final scheme.
36. Provisions of section 13 to apply.
37. Notice to holders and occupiers of land to construct field-channels.
38. Power to authorise Canal Officer to construct field-channels.
39. Consequences of completion of construction of field-channels.
40. Mode of payment of cost of construction of field channels, etc.
41. Power of Appropriate Authority to direct preparation of scheme
in public interest.
Settlement of disputes concerning field-channels
42. Settlement of disputes as to mutual rights and liabilities of
persons interested in field-channels.
43. 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.
47. Power of Appropriate Authority  to  regulate  sowing, planting or
growing of crops during specified period on lands under irrigable
command of canal.
48. Power to fix celling on area of crops.
(ii) Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 (iii)
SECTIONS
Provisions as to supply
49. Power to stop water.
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.
53. Liability when water runs to waste.
54. Charges recoverable in addition to penalties.
Percolation and leakage rates
55. Land deriving benefit from percolation liable to water rate.
56. 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
61. Power to make irrigation agreements.
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.
65. Publication of notice before agreement is made.
66. Inclusion of land irrigated by lift.
67. Charges for supply of water.
68. Liability due to irrigation agreement.
69. Cancellation of agreement by mutual consent.
70. Cancellation of agreement for failure to maintain field-channels.
71. General power to cancel 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.
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.
87. Provisions of this Part not to apply to acquisition under section 44.
PART  VIII
RECOVERY OF WATER RATE
88. Payment and recovery of water rate.
89. Recovery of water rate etc., payable to Company, Zilla Parishad, etc.
PART  IX
OBTAINING LABOUR FOR CANALS ON EMERGENCIES
90. Procedure for obtaining labour for works or repairs urgently required.
91. List of Labourers.
92. Reports to be made by Canal Officer.
PART  X
PENALTIES
93. Penalty for damaging canal, etc.
94. Penalty for endangering stability of canal, etc.
95. Obstruction to be removed and damage repaired.
96. Persons employed on canal may take offenders into custody.
97. 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.
(iv) Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
SECTIONS
PART  XI
APPEAL AND REVISION
103. 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.
107. Prohibition of mining or quarrying operations.
108. Recovery of cost  repairing  damage  when  offender is unascer-
tainable.
109. Power to summon and examine witnesses.
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.
113. Public  servants  and  some  other  persons protected from legal
proceedings.
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.
122. Publication of Irrigation Record-of-Rights.
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. Incidence of obligations to carry out petty repairs.
127. Power to enforce rights and obligations.
128. Duty to Talathi to report failure to effect repairs.
129. Constitution of Water committee for each village and its power.
130. Power of State Government to denotify any existing Second Class
Irrigation work.
PART  XIV
REPEAL AND SAVING
131. Repeal and saving.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 (v)
MAHARASHTRA ACT No. XXXVIII OF 19761
[THE MAHARASHTRA IRRIGATION ACT, 1976.]
[This Act received assent of the President on the 26th July 1976;
assent was first published in the Maharashtra Government Gazette, 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. (1) This Act may be called the Maharashtra Irrigation Act, 1976.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date 2 as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(1) “alienated” means transferred in so far as the rights of the State
Government to payment of rent of land revenue are concerned, wholly
or partially to the ownership of any person and the expressions “alienated
land” and “unalienated land’ shall be construed accordingly ;
(2) “Appropriate Authority”, in relation to a canal constructed, 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
1 For Statement of Objects and Reaso ns, see Maharashtra Government Gazette, 1976.
Part V., Pages 115-123.
2 1st January 1977, vide G.N.,I.D., No. MIA. 1076-MIG-1, dated 1st January 1977.
* This indicates the date of commencement of the Act.
Short  title,
extent and
commance-
ment.
Definitions.
(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.
2 Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
Mah.
XXIV
of
1961.
(11) “flood embankment” means any embankment constructed or
maintained by an Appropriate Auhtority in connection with any system of
irrigation or reclamation works for the protection of lands from inundation
or which may be declared by the Appropriate Auhtority to be maintained
in connection with any such system, and includes all groins, spurs,
dams and other protective works connected with such embankments ;
(12) “holder”, in relation to land, means the person who is lawfully in
actual possession of land as owner or tenant and includes a 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 ;
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 3
Bom.
VII of
1879.
(24) “water rate” means payment to be made in the prescribed
manner for a supply of facility of water from a canal for irrigation or any
purpose provided by or under this Act at the rate determined under this Act ;
(25) “wet land” has the meaning assigned to it by section 4 ;
(26) “ Zilla Parishad” means a Zilla Parishad constituted under the
Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 ;
(27) words and expressions used in this Act but not defined shall have
the meanings respectively assigned to them in the Maharashtra Land
Revenue Code, 1966.
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.
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.
Lands
under
irrigable
command
of canal.
Mah.
V of
1962.
Mah.
XLI
of
1966.
Wet land.
4 Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
Irrigation areas
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-
ing charge of a sub-division :—
(a) Assistant Engineer, Class I ;
(b) Assistant Engineer, Class II ;
(c) Deputy Engineer ;
(d) S ub-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.
Divisions
of State
into
irrigation
areas.
Canal
Officers.
Chief
controlling
authority
in irriga-
tion
matters.
Appoint-
ment of
Canal
Officers.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 5
6 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.
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.
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.
Subordina-
tion of
Canal
Officers.
Power to
allot duties
among
Canal
Officers.
Notifica-
tion when
water-
supply to
be applied
for
purposes
of canal or
for
regulation,
supply or
storage of
water.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 7
(2) The application or use of the said water or the application or use
of water of any canal under the management or control of any
Appropriate Authority shall be regulated according to the provisions of
this Act.
(3) Save as provided by sub-sections (1) and (2), no person (other than
the State Government) shall apply or use the water of any river (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-
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.
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.
1 of
1894.
Power to
inspect
and
regulate
water
supply.
Entry for
enquiry.
Powers of
Canal
Officers
for
purpose of
so apply-
ing water.
(2) Where the flow of water supplied to any land from a canal from
field to field is obstructed, then with a view to regulating supply of water,
the Canal Officer may require such obstruction to be removed and for
that purpose he shall, if necessary, take or cause to be taken such steps
or use or cause to be used such force as may be reasonably necessary
for securing the removal of such obstruction from the supply of water.
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
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.
Power to
enter for
repairs
and to
prevent
accidents.
8 Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
Power to
Canal
Officer to
operate
gates in
order to
regulate
floods.
Notice to
occupier of
building,
etc.
Means of
crossing
canals to
be provided
and
obstruction
to drainage
to be
avoided.
Appropriate
Authority
may
prohibit
formation of
obstructions
of rivers,
etc. within
certain
limits.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 9
Thereupon, so much of the said river, stream or natural 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.
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.
(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.
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.
Canal Officer
may issue
order to any
person
causing
obstruction.
Canal
Officer
may cause
obstruction
to be
removed.
When
drainage
works are
necessary
Appropri-
ate Author-
ity may
order
scheme to
be carried
out.
Construc-
tion 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.
Applica-
tion to
Canal
Officer for
construc-
tion of
new field-
channels.
10 Maharashtra Irrigation Act, 1976  [ 1976 : Mah. XXXVIII
Procedure
for con-
structing
field-
channels.
Procedure
after
constructtion
of field-
channels.
1976 : Mah. XXXVIII] Maharashtra Irrigation Act, 1976 11
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.
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.
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.
Obligation
of owner of
field-
channel.
Arrange-
ment with
owner by
other
person.
Canal
Officer afer
enquiry
may
authorise
supply or
declare
applicant
to be joint
owner.
Prohibition
of land
acquired
for field-
channel
for other
purpose;
and
prohibition
against
alteration
of field-
channel.
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

Excerpt shown. Open the full act in Lexace.

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